Commissioners' Meeting Minutes - Week of September 16, 2019

***Monday, September 16, 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.

Eric Lederhos with E.L. Automation joined the meeting.

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

9:00 a.m., Road and Bridge Department Co-Superintendent Renee Nelson joined the meeting to give the department report. A written report was presented. Ms. Nelson and Commissioners reviewed the department report to include the mention of hot mix patching on McArthur Lake Road, which will be followed by touch ups on Twenty Mile Road before moving to Kootenai Trail Road. Ms. Nelson said she wanted to let Commissioners know that Tobe Way will be closed on September 21st for the Carry the Fallen Event. Ms. Nelson said depending on if it rains this week, Road and Bridge will work on getting some grading done as well as cleaning ditches and culverts. Cleaning ditches on Labrosse Hill Road will be done in order to get rid of the sand so drainage is better.

9:03 a.m., County resident Marty Martinez joined the meeting.

Ms. Nelson stated that she’s looking at fiber optics for the Road and Bridge Office in order to be able to connect to the server at the Courthouse for the GIS position, depending on where the person hired to fill this position is located. Matt Hodges with Computer Arts visited the Road and Bridge Office last week and went over the information with Ms. Nelson. Ms. Nelson discussed getting a virtual private network (VPN) to connect to the Courthouse system. E.L. Automation has provided a quote and the monthly cost for internet for Road and Bridge is $75.00 and the email address for Road and Bridge would not change. E.L. Automation has an installation charge, but they have offered to waive that charge if they can use the county’s poles for a property located nearby. Ms. Nelson said when and if the offer from E.L. Automation is accepted, she wanted to talk to Commissioners to see if they needed an agreement for E.L. Automation’s use of the pole. Mr. Lederhos said he would need an easement agreement and that he wanted to get it approved by Commissioners first. The cost for 50 megabytes is $75.00 per month, which is a lot faster speed than Road and Bridge currently has. Commissioners said they would need to sign the easement agreement, but they don’t a see a problem in doing that. Ms. Nelson said Mr. Hodges informed her he would get quotes for a computer for the person hired for the GIS position.

Mr. Lederhos said it would be VPN from the Road and Bridge Office to the Courthouse and when you make this connection, it depends on the speed up and down and he explained what is involved.

County Mapper Olivia Drake joined the meeting at 9:13 a.m. and was given an update of the discussion.

Mr. Lederhos said he would look into the speed for ways to send and receive. Ms. Nelson said office space for this new person is also a question and Chairman Dinning said to plan on the Road and Bridge Office at this point. Mr. Lederhos said he’s running the fiber now and it’s operational and he added that he’s setting fiber up for dual feeds coming into Bonners Ferry. When (DSL) goes down due to a back haul out of town, E.L. Automation has no control over that, but he has dual feeds now so E.L. Automation will be up when other service providers might be down. Mr. Lederhos said he will get the drawing and easement agreement put together.

Mr. Lederhos left the meeting.
Ms. Drake discussed a matter involving private road names and she said there are 16 properties affected by the Union Pacific Railroad project. Chairman Dinning suggested sending a mailing to the property owners asking them to come up with an agreed upon road name. Ms. Nelson suggested having a deadline in which to have the responses returned. Chairman Dinning said the county could just name the road, but it would be best to have some input.

Ms. Nelson said she received notice this morning that the Road and Bridge Department’s secretary’s last day will be the 25th of this month so she would like to post a notice for this position.

9:21 a.m., Commissioner Kirby 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. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.

Ms. Drake left the meeting at 9:40 a.m.

The executive session ended at 9:55 a.m. No action was taken.

9:56 a.m., 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. 10:00 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to deny indigent case 2019-27. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting at 10:01 a.m.

10:04 a.m., Boundary Ambulance Service Chief Jeff Lindsey and Boundary Ambulance Service Board Chairperson Nancy Russell joined the meeting.

Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and to convene as the Boundary County Ambulance Service District Governing Board. Commissioner Kirby second. Motion passed unanimously.

*Please see Boundary County Ambulance Service District Governing Board meeting minutes*

10:12 a.m., Commissioner Kirby moved to recess as the Boundary County Ambulance Service District Governing Board and reconvene as the Board of Boundary County Commissioners. Commissioner Cossairt second. Motion passed unanimously.

Boundary Ambulance Service Chief Lindsey and Boundary Ambulance Service Board Chairperson Nancy Russell left the meeting.

Clerk Poston stated that the GEM Plan Joint Powers Agreement and Trust Agreement has been reviewed by Todd Lakey and these healthcare agreements are standard for all of the counties.

Commissioner Kirby moved to authorize the Chairman to sign the GEM Plan Joint Powers Agreement and Trust Agreement subject to attorney approval. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Award Contract and grant agreement articles for the 2019 Emergency Management Grant Program (EMPG). Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the letter to the Idaho Department of Water Resources regarding water rights adjudication in the Kootenai River Basin. Commissioner Kirby second. Motion passed unanimously.

10:16 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone.

Chairman Dinning updated Attorney Hull on the matter of providing Boundary Ambulance with funds that had been set aside. Attorney Hull said after reviewing the information, it appears that those funds were to be held for the purpose of building a facility for ambulance services. At this point Boundary Ambulance Service is making a request for those funds so the existing contract needs to be amended so the county no longer will hold the funds for a building. It was questioned if the entire agreement needed to be amended to remove that provision or if just a shorter amendment would be sufficient. It was said that the agreement will be amended to state that the money provision is modified so that moneys are returned to the Boundary Ambulance Service District and that all other terms are the same.

Commissioners discussed releasing the funds now and recovering that amount in the next tax collection. Attorney Hull said that could be done by motion and he suggested that Boundary Ambulance Service’s attorney draft the amendment then send it to him for review.

Chairman Dinning said there had been a question from the Boundary County Airport Board chairman as to how people are notified during a purchase and sale process that they are within the airport’s impact area. Chairman Dinning said he wasn’t sure and questioned how a title company would have the notice to list on a title report. Attorney Hull said the county has a recorded ordinance about the airport so the county can just notify the title companies about that. It was said that this matter should start with realtors. Attorney Hull suggested a note be sent to the title companies stating that there are certain properties within the airport overlay zone.

Commissioners informed Attorney Hull that they will send him the GEM Plan Joint Powers Agreement and Trust Agreement for review.

The call to Attorney Hull ended at 10:25 a.m.

Commissioner Cossairt moved to sign the letter to Wood’s Crushing and Hauling regarding the transfer of the Conditional Use Permit, originally issued in 1988 to Fredericka and Fay Florea, to Wood’s Crushing and Hauling for a gravel pit on property formerly owned by KRA Investments. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Agreement for Animal Shelter Services, the Jail Medical Contract with Bonners Ferry Family Medicine and the Contract with the Kootenai Tribe of Idaho for Law Enforcement Services once the contracts are ready. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to authorize Boundary County to pay the cost for Chairman Dinning’s Idaho Roadless Commission meeting. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Kirby moved to approve the meeting minutes of September 2, 2019. Commissioner Cossairt second. Motion passed unanimously.

10:40 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 10:55 a.m. No action was taken.

11:00 a.m., Commissioners held a public hearing to consider an increase of 8.5% in Restorium room and board fees for new residents. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Marty Martinez, Brad Holifield, Blue Sky Broadcasting News Reporter Mike Brown, Jeannie Robinson, Judy Dirks, Wilma DeVore, Jeanine Bender, Billie Krause, Connie Wells, Restorium Administrator Karlene Magee, and Assistant Administrator Diana Lane. The hearing was recorded.

Chairman Dinning opened the hearing and read the hearing procedures aloud. No one present had any questions.

Commissioners opened the hearing to consider the request to implement an increase in Restorium room and board fees by an amount of 8.5% for new incoming residents. Commissioners cited no conflict of interest.

Chairman Dinning asked for comment from those in favor of the proposal. No one spoke.

Speaking uncommitted was Wilma DeVore. Ms. DeVore asked how the percentage of 8.5% was arrived at as it’s fairly high. Chairman Dinning said Commissioners took the operating budget of the Restorium and the average number of residents and they felt they were being conservative with the percentage they came to. This is what is needed to fund the operation and that is what the percentage came to.

Judy Dirks said along with that, where does Medicaid fit in with that as some residents may be on Medicaid. Chairman Dinning said the Restorium has a room rate and Medicaid has their own rate that they reimburse the county. This increase is as if everyone was a private pay resident, according to Chairman Dinning. Ms. Dirks questioned why the increase couldn’t be more incremental as this increase comes to $250 or $252. If the increase is approved, the new rate for a room with a shared restroom is $3,227.87 per month, the rate for a private room with a private restroom is $3,525.16 per month, the rate for a double occupancy room is $4,849.95 per month, and the rate for a double occupancy (half room) is $2,424.97 per month. Ms. Dirks said that is fairly significant so she wonders if it’s actually justified or essential as opposed to doing an increase of $125.00 this year and an increase of $125.00 next year. Commissioner Kirby confirmed the increase of $252.00. Chairman Dinning said if the county doesn’t raise rates according to what costs are, we’re going to get into a situation like what we just got out of. The 8.5% increase affects only new residents coming to the Restorium, not existing residents. The existing residents will see an increase of 4.9%.

Billie Krause said she doesn’t think she could afford that cost with her income and she doesn’t receive a cost of living increase. Chairman Dinning said in this case the residents are aware of the rate before they move to the Restorium. Chairman Dinning asked if anyone else from the public wanted to speak as uncommitted. No one spoke.

Commissioners asked for comments from those in opposition to the proposal. Jeannie Bender said we just discussed this, but is there a breakdown somewhere as to why this is the amount of increase needed? Is there a breakdown as to how this money will be used? Chairman Dinning said this increase will help fund the next year’s budget. Ms. Bender questioned if that was for improvements. Chairman Dinning said there is not a specific area, but the money will fund the budget and revenue as well as also fund the wage increase for staff and help complete any projects that are being done at the Restorium. Clerk Poston explained that there is a 5% salary increase for employees and the county did increase starting wages by 4% for new hires so the Restorium can hire one more full-time employee as that is also a part of the cost. Clerk Poston added that medical insurance costs have also increased for full-time staff. Ms. Krause said she was interested in that as the public notice didn’t break out costs.

Ms. Dirks said she’s grateful for another full-time staff member. There are 33 rooms and at this time, the Restorium has more residents. Ms. Dirks asked if this increase will allow for another full-time staff member in the coming year, if needed. Chairman Dinning said Commissioners have looked at that and the budget is set for this year for one additional benefitted, full-time staff position. It will allow Ms. Magee to consolidate a couple part-time positions to a full-time position. This increase will not allow the county to add an additional employee this year, which is October 1st through September 30th.

Ms. DeVore asked if this increase was figured in the budget and Chairman Dinning said yes, as revenue. It was listed in the budget that was printed in the newspaper as potential revenue.

Mr. Holifield asked if the Commissioners had considered the amount of funding for the Restorium as if all rooms were full with private pay residents. Chairman Dinning said Commissioners did not state that all rooms were considered to be full as the Restorium is licensed for 52 residents, but the number is closer to the mid-thirties. Mr. Holifield said as time passes on, new residents will have to consider if they can afford to live at the Restorium. What happens if the rates become too high? It will impact private payers to the point that residents on Medicaid will fill those rooms that would’ve otherwise been occupied by a private pay resident. What if all Restorium residents are on Medicaid? Where would that leave the county? Chairman Dinning said he hasn’t considered when the Restorium would be entirely Medicaid. Mr. Holifield said if that were to happen, would the Restorium be able to move forward with that kind of funding if all residents were on Medicaid? Would fiscal liabilities to the county be met? Chairman Dinning said he doesn’t have the answer to that. Chairman Dinning added that he doesn’t know the limit off hand, but the county had put a cap on the number of Medicaid residents so residents have doubled up on rooms and it seems to answer concerns. Chairman Dinning asked Ms. Magee if the Medicaid rate is covering the cost of a shared room as if it’s a private pay. Ms. Magee said she thinks so.

Ms. Krause asked about the Medicaid rate and Chairman Dinning said there is no standard rate as it depends on the level of care.
Ms. Dirks said this may be an unfair question, but do Commissioners know what Sunset Home is charging? Chairman Dinning said the base rate is probably less than the county, but the charge for all other items puts Sunset Home’s rate higher than the county’s. Ms. Dirks said because she has a business she sees a lot of people moving in from out of the area. Ms. Dirks said on one occasion three days ago she saw renters moving their parents somewhere and Sunset Home had been mentioned. Ms. Dirks said she doesn’t think Sunset Home has trained licensed oversight at that facility, but she could be wrong. Ms. Dirks said she feels the amenities at the Restorium are far exceeding and the flat rate is all inclusive so she cannot see people going to Sunset Home considering the Restorium’s basic rate. It will always cost more, according to Ms. Dirks. Ms. Dirks said she meant that the county should be comparable to facilities in Sandpoint and Sunset Home. We have the Restorium to serve the needs of the community and the elderly. For those of us who have lived here a long time, for our parents, we’ve been tax payers for a very long time and we feel our relatives should be near us, according to Ms. Dirks. Ms. Dirks said she wants to put on record that she really praises staff at the Restorium for doing what they do for the wage that they make and for what they have to work with. We are extremely fortunate to have the Restorium, no matter what the charges are. Not too many people can afford that cost, which means usually having to sell a home.

Ms. Bender said she wonders, since we’re all having this discussion and it’s been going for years now, how big of a burden is the Restorium on the county and do Commissioners feel it’s a burden? Chairman Dinning said no. Chairman Dinning spoke of levying $201,000 and last year the levy for the Restorium was $150,000 or $160,000. Ms. Bender said she just wants to know if everyone is gracious to have the Restorium. Ms. Krause said it’s a benefit to the county.

There were no other public comments made.

Chairman Dinning closed the hearing to additional public testimony and called for discussion amongst Commissioners.

Chairman Dinning said as he understands, it appears that it’s either raise the rate in anticipation of new residents or raise the levy. In either case the public and residents are being subjected to a certain financial burden so it’s either across the county or raise rates on the residents coming in, which prevents raising taxes. It ultimately costs the taxpayer or we try to limit the rate so it’s a balance. It’s a matter of asking for this kind of increase now and then and it’s fairly simple to understand why the county is doing this. The county had once issued a larger increase so now it’s doing this in smaller increases and it puts the onus on people living at the Restorium. The Restorium is working and there are a lot of happy people there and there are also a lot of happy taxpayers.

Commissioner Cossairt said most of this increase is going toward wages and another full-time employee position. If the county doesn’t pay good wages, we don’t have good employees and there is a lot of turnover. This increase will help curb that turnover so we can keep employees.

Commissioners closed the hearing and called for a motion.

Commissioner Kirby moved to approve the increase in room and board fees to new residents coming to the Restorium in the amount of 8.5%. Commissioner Cossairt second. Motion passed unanimously.

The hearing ended at 11:30 a.m.

Commissioner Cossairt moved to adopt Resolution 2019-24. A resolution establishing Boundary County Restorium Room and Board fees. Commissioner Kirby second. Motion passed unanimously. Resolution 2019-24 reads as follows:
RESOLUTION 2019-24

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 September 16, 2019 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, 2019:
Room with shared restroom $3,227.87 per month
Private Room with private restroom $3,525.16 per month
Double Occupancy $4,849.95 per month
Double Occupancy (half room) $2,424.97 per month

DATED this 16 day of September, 2019.

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 #279218

Ms. Magee remained after the hearing to briefly discuss a payroll matter and left at 11:43 a.m.

Commissioners recessed for lunch at 11:47 a.m.

1:30 pm., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Commissioner Kirby moved to recess as the Board of Boundary County Commissioners and to convene as the Boundary County Ambulance Service Governing Board. Commissioner Cossairt second. Motion passed unanimously.

*Please see Boundary County Ambulance Service District Governing Board meeting minutes*

1:52 p.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Board of Boundary County Commissioners. Commissioner Kirby second. Motion passed unanimously.

1:53 p.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. 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 3:27 p.m. No action was taken.

There being no further business, the meeting adjourned until tomorrow at 9:00 a.m.

***Tuesday, September 17, 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.

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Treasurer Sue Larson, Solid Waste Department Superintendent Claine Skeen, Veterans Service Officer Ron Self, Prosecutor’s Office Manager Tammie Goggia, University of Idaho Extension Educator Amy Robertson, Road and Bridge Department Co-Superintendent Renee Nelson, Undersheriff Rich Stephens, Assessor Dave Ryals, and Restorium Administrator Karlene Magee.

Chairman Dinning suggested departments conserve as much of their budgets as possible.

Chairman Dinning said the county did levy the full amount for the budget this year, plus new construction. For the first time the county also levied for the Road and Bridge Department in the amount of $150,000. Chairman Dinning clarified that when he says we need to conserve budgets, the Idaho House of Representatives has made it known they want to restrict the counties’ abilities to raise taxes. This has come to light for the larger counties in the state, such as Ada and Canyon Counties. With the new construction that occurs, that is above our 3% cap, which is $70,000 this year so that is one option the House of Representatives is looking at eliminating. The county may face more severe budgeting restrictions. Due to Medicaid expansion, the House is looking at counties to contribute $10,000,000.00 and then they want to reduce the amount of sales tax the counties receive. Chairman Dinning said he thinks it’s approximately $10,000,000.00 more that would be designated to the indigent medical account so it may be a wash. In Boundary County’s case, due to the Justice fund, we don’t want to levy the maximum amount because if market values drop, we would have problems funding that. The legislature is not understanding the consequences of what they’re doing. The county has $450,000.00 in foregone taxes that we haven’t used and we get penalized for that, if we ever need to use it. The Idaho Association of Counties is going to do a lot of work behind the scenes, but we have no idea what this is going to look like. Chairman Dinning said there are going to be committees formed and an article written about what the counties want to do.

The county’s new Personnel Policy has gone to the printer. Clerk Poston presented a sample policy and explained the perforated sheet is what employees will sign and turn back in stating they received the policy. Mr. Self asked about the possibility of putting the policy online. Clerk Poston informed those present that year-end claims will be due before September 30, 2019, preferably by September 26th.

Chairman Dinning said the county is probably not going forward with constructing an ambulance building as the cost came to $1,200,000.00. Yesterday Commissioners made a motion to reimburse Boundary Ambulance Service $75,000.00 to help them get through a period of time. The Contract for Ambulance Services will be amended to state that the amount of $25,000.00 per year will no longer be withheld for a building. Chairman Dinning said if there is no ambulance service, the county is legally responsible to provide that service and he doesn’t want to own an ambulance. Chairman Dinning said Commissioners are looking at other options, such as at minimum, remodeling the armory or other options so the current ambulance barn can then be remodeled for the Probation Office.

Commissioners went around the room for department updates.

Assessor Ryals said his office is working on the next year revaluations.

Ms. Robertson listed classes coming up through the University of Idaho Extension Office.

Ms. Magee said the Restorium now has 37 residents and she added that she is in need of part-time employees.

Clerk Poston said Deputy Clerk Pam Barton has sent out inventory and mileage sheets.

Undersheriff Stephens said the jail has the lowest number of inmates in the last 10 or 15 years. The Sheriff’s Office is still trying to keep the plumbing working in the building as it’s having issues.

Ms. Nelson spoke of doing hot mix asphalt patching on roads. Undersheriff Stephens asked if the area of Smith Creek at the bottom of Boundary Creek is private as all of the pavement has been torn up and removed. Ms. Nelson said it’s both privately owned and also Forest Service property.

Chairman Dinning informed those present that Ms. Nelson and Road and Bridge Foreman Randy Morris are now the co-superintendents and another employee will fill Mr. Morris’s former position.

Ms. Goggia said the Prosecutor’s Office is busy.

Mr. Self said he had attended a seminar related to veterans’ service matters.

Mr. Skeen discussed having the wood pile ground up. Mr. Skeen also mentioned the gate at the junction of Highway 95 and Highway 1 has been moved to adjust for winter.

Ms. Larson said her office is getting ready to send tax statements out.

The elected officials/department heads meeting ended at 9:20 a.m.

Commissioner Cossairt moved to sign the Independent Contractor Agreement with BR Concrete for sidewalk improvements. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties.
9:56 a.m., Undersheriff Rich Stephens joined the meeting.

10:00 a.m., Commissioners, Clerk Poston and Undersheriff Stephens participated in a conference call with Cory Trapp of Longwell + Trapp Architects to discuss the remodel of the armory, current ambulance building and the proposed construction of a new building for ambulance services. Chairman Dinning said Commissioners are going to hold off on the construction of a new ambulance building so as the county moves forward with the project, the remodel of the current ambulance barn is also on hold. Regarding the remodel of the armory for the Sheriff’s Office, Chairman Dinning asked Mr. Trapp if he is still interested in this project. Mr. Trapp said yes and he added that he could draft an agreement for this work. Chairman Dinning said the county would like to turn this entire project over to Mr. Trapp to include going out for bids, etc. Mr. Trapp said he could do that. Chairman Dinning asked if all of what is described in Mr. Trapp’s estimate will still fall below $50,000.00 with his fee and Mr. Trapp said, yes. Chairman Dinning said Commissioners just want to have someone handle everything. Mr. Trapp mentioned discussing the layout and design with the Sheriff’s Office, but Commissioners probably have the final say. Commissioners said yes. Chairman Dinning said Clerk Poston will be the point of contact for the project. The next step will be to have an agreement drafted to list everything that is to be done. Mr. Trapp said the plans he has are good to start off with. Mr. Trapp mentioned asbestos testing and Chairman Dinning said asbestos testing was done as was removing gun powder residue. Mr. Trapp asked for copies of that as he had budgeted approximately $3,500 for that testing. Chairman Dinning said the State of Idaho would’ve done testing for that when they remodeled the building as well as before they sold their interest in the property to the county.

Mr. Trapp asked about the Probation Office during the remodel and Chairman Dinning said the Probation Office will remain where it’s currently located.

The call to Mr. Trapp ended at 10:10 a.m.

Commissioners, Clerk Poston and Undersheriff Stephens continued their discussion on the proposed remodel. Commissioners discussed wanting to keep the garage bay in the armory available as it will most likely be used for an ambulance.

Undersheriff Stephens left the meeting.

Commissioners tended to administrative duties.

10:48 a.m., 9B Trails Committee members Allen Rose, Josh Sherven, Larry Davidson, Tess Rae, Scott Bourassa, Olivia Drake, and Eric Anderson joined the meeting to discuss 9B Trails projects.

Chairman Dinning said those who attended the Parks and Recreation Board meeting last night have already heard the discussions. Chairman Dinning said he called the Idaho Transportation Department (ITD) yesterday to talk about the project involving the old bridge abutment and in that discussion this person shared that as far as ITD is concerned, ITD can provide what is needed, but that it’s contingent on Union Pacific Railroad agreeing too. The bridge abutment is considered historic and there are rules pertaining to a historic designation through the State Historic Preservation Office. ITD is aware that the side height of the concrete of that abutment does not meet today’s standards. Fencing will also be needed for the train tracks. ITD did not know if their shop needed to be involved, but there would need to be staff to halt railroad traffic on the line for the construction portion of this project and that is very expensive. Chairman Dinning commented that the ITD representative had indicated that Boundary Economic Development Director Dennis Weed, Mayor David Sims and Larry Davidson had also spoken to him. Chairman Dinning said he called Mayor Sims and the City of Bonners Ferry has this project area in their bike pedestrian plan. On May 15th the City Council approved it and the motion from the City included that City staff does the work they needed to do for this project. It’s in the City’s plan, it’s their bailiwick and they’re used to doing these projects whereas the county is not. Chairman Dinning said just let the City of Bonners Ferry be involved in this project until it gets to the Riverside Park piece. Commissioner Kirby agreed. Chairman Dinning said Commissioners are still good with the project. Mr. Anderson said 9B Trails is getting liability insurance. Chairman Dinning said workers compensation insurance needs to be figured out as the county would have to pay workers compensation rates to protect those who don’t have it themselves, to even include inmates let out to work. Mr. Davidson asked about volunteers and Chairman Dinning said in this case, Commissioners have placed a call to County Civil Attorney Tevis Hull to ask about that. According to the memorandum of understanding it is a contract for construction, which is it or is it not the same as contacting for other county work? Mr. Davidson said they would be an independent contractor. Chairman Dinning said if the county is contracting with 9B Trails, technically how can we take their representatives and make them volunteers for the county. Last night at the Parks and Recreation Board meeting there was discussion about having a subcommittee of volunteers under the Parks and Recreation Board for that. Ms. Rae said they did for the Parks and Recreation Board. Chairman Dinning said that is part of what Commissioners need to look into and discuss with the county attorney. Ms. Rae asked if it’s possible to modify the memorandum of understanding and Chairman Dinning said Commissioners would have to find out. Ms. Rae referred to a volunteer liability form and Chairman Dinning said this workers compensation issue has been a mess for the county as you get different information.

Mr. Davidson said the agreement would be with 9B Trails and county entities. 9B Trails has indemnity insurance, but they also have volunteers so the county would be concerned that those volunteers would also be volunteers of the county. Mr. Anderson said in his research everyone complains that courts create the law as that is a matter that legislators left us with. Legislators have not legislated on the point about volunteers and when a matter goes to court, that is when it will make a precedent.

Mr. Bourassa said rather than 9B Trails in a contract, the 9B Trails members could volunteer as a subcommittee under the Parks and Recreation Board. Mr. Davidson said as far as a waiver, an injured volunteer would have waived their claim against 9B Trails or Boundary County and he added that it is a huge stretch that the State of Idaho would ignore the contract and buy that in a million years. Chairman Dinning said we’re going to get there, but it’s a matter of how. Ms. Rae asked if the Parks and Recreation Board can start working at Riverside Park as volunteers and Chairman Dinning said to let Commissioners talk to their civil attorney first.

Those present discussed the project at Section 16. Chairman Dinning said he mentioned at the Parks and Recreation Board meeting last night that we need to hold off on various projects in order to complete one project before starting the next one. It was said building a parking lot for Section 16 will take 80 loads of gravel for 7,000 yards and the parking lot is 70 feet by 200 feet. Ms. Drake said it’s a maximum of 70 feet by 200 feet. Commissioners commented about the depth of the gravel. Chairman Dinning said Boundary County had to levy for the Road and Bridge Department for the first time ever in order to get some work done so the county cannot commit county resources to build a parking lot. It was said the timeline needed to get a parking lot built is approximately April. Ms. Rae asked if the county is considering entering into contract with the Idaho Department of Lands. Chairman Dinning said as of today he would say let’s wait and see so the county is not on the hook. Mr. Bourassa said he has the requirements for the restrooms, which are porta potties, to get taken care of. Mr. Bourassa said there are nearly five miles of single track already being used and he added that Section 16 is ready for winter use. It’s ready and perhaps IDL would allow the parking lot to be downsized. The only two requirements that can be taken care of is the restroom and small parking lot.

Mr. Davidson calculated the amount of gravel needed for a parking area and concluded that it comes to approximately 25 to 27 truckloads in order to get the gravel six inches deep. Chairman Dinning said whatever that number is, Commissioners cannot take county resources to do that. Mr. Bourassa said if they got the restrooms and parking lot dealt with, is the county willing to enter into an agreement with IDL at $500 per year with a 3% increase each year.

Ms. Rae asked if Commissioners have a line item for recreation. Clerk Poston said there is a line item for snowmobile and another line item for Parks and Recreation. Ms. Rae questioned if it would benefit the county to have a line item for recreation that is not for either of those purposes.

Chairman Dinning informed those present that the Idaho State House of Representatives is getting ready to address county taxation and they’ve been quoted as saying it’s gotten out of control. The House of Representatives is looking at reducing the counties’ abilities. Under the current formula, counties can increase their annual budget by 3%, plus the amount of new construction above that. The House is looking at eliminating the ability for the county to take new construction. The new Medicaid expansion plays into this and counties are being asked to pay $10,000,000.00 across the state for Medicaid expansion. Technically, that will save the county that amount of money as we won’t have the need for the indigent fund as we do now. Then revenue sharing is to be reduced, which are funds that would’ve come back to the county. Currently, we use almost all of revenue sharing for the Justice Fund, which is for the Sheriff’s Office, courts, probation, jail medical, etc. The county can only levy so much for that. If those funds are pulled back, the county is almost at the maximum for that fund so we’re looking at potential expenditures into the future. Commissioners are just being cautious about what the county agrees to in the future as they don’t know what the future for the counties will look like. So when Commissioners say we’re being hesitant it’s because we don’t know what we will have to work with.

Ms. Rae commented that the contracts can be terminated. Chairman Dinning replied that at last evening’s Park and Recreation Board meeting, he suggested getting one project done before starting another. Ms. Rae said 9B Trails doesn’t have funding to get the Riverside Park project done. Chairman Dinning asked about the mention of 9B Trails having $25,000 and Ms. Rae said that is for the bridge portion of the project. It was said that it sounds like the county feels it should be the city that takes the lead in the Riverside Park project and that it sounds like the city would. Ms. Rae asked how the county was brought into this matter. Mr. Davidson explained that he thinks the county was brought into the project because the City of Bonners Ferry was dragging its feet. Commissioners were shown a map of the area in question showing the city and county properties. ITD does a need to sign an agreement with another government agency. Mr. Davidson said it still seems to him to take the project all the way to the southern end of the bridge abutment as ITD wants an agreement with another entity and it won’t be 9B Trails as that is not who ITD wants. It has to be either the city or the county and it seems to be more reasonable to him that the county takes the project under its wing. Ms. Rae said last year the city felt it made sense for the county as the county is the larger land holder. Mr. Davidson said 9B Trails has projects going on, such as the Farnsworth project, but that has been put on the back burner in order to work on Section 16. Ms. Rae said the project has been put into phases.

9B Trails member Rob Beck joined meeting at 11:30 a.m.

Ms. Drake said 9B Trails has volunteers working all of the time. Section 16 will fit everyone’s needs as far as age ranges and phase 1 is almost done. It was said if it’s 20 loads of gravel needed, it’s expected that it could get done before the snow flies. Mr. Davidson said if the county wants 9B Trails to work on the Riverside Park project and put Section 16 on the back burner, they’re ready to move onto phase 2 of that project. They don’t have resources for the Riverside Park project. Ms. Rae said they just have volunteer resources, but they would need to raise funds. Volunteers could start rubbing out the trail. Chairman Dinning said of the two projects, it sounds like Section 16 is farther along. Mr. Davidson said 9B Trails wants to get Section 16 constructed as a loop and completed before winter. Ms. Rae said she wanted to clarify that 9B Trails has two sets of volunteers working and they want people to use Section 16 in the winter as well as in the spring. Work to be done in phase 2 was explained. Ms. Rae said with the piece involving mudslide trail, 9B Trails already received verbal approval and it will eventually connect to Riverside Park for a complete trail system.

Chairman Dinning asked how many members are in the 9B Trails group. Mr. Anderson said approximately 10 people attend any given meeting. Ms. Rae said the Riverside Park project is a priority. Chairman Dinning said if the county had to focus on one project or the other to go forward, which project is a priority. Ms. Drake said it’s hard as you have to wait for various permits leaving them unable to work on Riverside Park so they’re working on Section 16. Ms. Rae spoke of work they’ve done to Riverside Park already. Mr. Davidson said part of the problem is that you have different interest groups and to make a decision would require a board meeting. Chairman Dinning said the county has been looking for a financial point of view. Ms. Rae spoke of the trails as being an asset to the community. Mr. Davidson spoke of the term finished project that was mentioned and he said that 9B Trails will feel it’s never a finished project as there is always maintenance to do. The Riverside Park project will need a base put down and fabric placed under that base and that would be phase 1 and it isn’t certain how long that would take.

Mr. Rose spoke of work involved for the base and fabric work and having received quotes. Mr. Rose added that he’s hoping Commissioners see the importance of these projects for the community and he wants to get involved. Chairman Dinning said the county’s biggest concern is the gravel. Mr. Davidson said with his calculations the amount of gravel needed is 27 truckloads at 6 inches deep. Mr. Davidson said 9B Trails’ issue is that they don’t have any equipment. Mr. Davidson commented that it may be up to Commissioners to decide which project is a priority.

Mr. Bourassa said if the county signs the contract with IDL and pays the fee, it’s good and he added that the contract goes through December so it’s three months. Mr. Bourassa said if they have a contract for Section 16, it’s an ongoing project with that kind of trail work. Ms. Drake and her husband go out and work on it as it is close to their home. If we can get a contract for that project, the restroom matter is probably taken care of. If we can get a small parking lot, which is a small cost as we probably have operators, then we have the only winter recreation site in Boundary County. Mr. Davidson said it gets the community excited. Mr. Bourassa spoke of being told that other people from outside of this area would be drawn to Boundary County. A contract is needed in order to excavate. Mr. Anderson asked Mr. Davidson and Mr. Bourassa about going back to IDL one more time and having them change the clause where we have to have gravel put down, allowing them to get back in there. Mr. Davidson asked the point of that and Mr. Anderson said they’re committing their time to Section 16 and it sounds like there is a gravel issue. Mr. Anderson added that it’s easy to get there and get Section 16 finished up and while getting Section 16 worked on, we could work on getting things in place so we can move forward confidently on Riverside Park. Ms. Rae said when asking about priorities, it’s a matter of which group. Mr. Anderson said there are things that can’t be done right away for Riverside Park, but there are things that can be done for Section 16. Mr. Bourassa said the contract fee is $500.00 per year and for that another project can begin and it won’t put the county or 9B Trails in financial burden. Both projects are valuable and it was explained that there are two types of users, volunteers, etc., and they’re both massive benefits. If a contract is signed for Section 16 next year, the cost is the same $500.00 paid this year that would be due next year as it’s through the end of year 2020.

Ms. Rae spoke of difficulty in getting ITD’s attention for these projects. Mr. Davidson said IDL is totally on board and like what 9B Trails is doing, but the issue may be building a parking area for horse groups and probably anticipating next spring there will be trailers and horses and they don’t want horses to tear up the area. Having said that, Mr. Davidson said he feels IDL would be totally flexible on the depth of gravel, etc. If 9B Trails and the county would work together on the log jam, which seems to be the parking lot, they could get it done. Mr. Bourassa said the catch is that parking as of right now is next to trees.

Chairman Dinning said Commissioners have to talk to Attorney Hull no matter what they do and then they can make a decision from there. There is still time to build a parking lot during the month of October and Commissioners will be out next week so they cannot address it then.

Ms. Rae said as it pertains to Riverside Park, they will work with the City of Bonners Ferry, but 9B Trails would like to have a letter of support from the county. Commissioner agreed to that.

Chairman Dinning said as 9B Trails, they don’t need to have workers compensation, but as the county, Commissioners do need it. Chairman Dinning added that he thinks there will be a conclusion to this matter on September 30th and if it’s a matter of waiving that portion of insurance or keeping it and retaining the subcommittee as volunteers, then no one would be working as 9B Trails. Ms. Rae spoke of frustrations hearing that they have volunteers who are working for free.

Mr. Bourassa said if Section 16 and Riverside Park are not a financial burden, would the county be willing to do both projects. Chairman Dinning said it depends. Ms. Rae said she knows there has been a concern about progress so she put together a list of what has been done to date. More has been accomplished in one year than people have done in a long time. Mr. Bourassa said 9B Trails may hold a board meeting to discuss prioritizing projects and Mr. Davidson said it depends on what information Commissioners come back with.

The meeting with the 9B Trails Committee ended at 11:59 a.m.

12:00 p.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 12:32 p.m.

There being no further business, the meeting adjourned at 12:35 p.m.

______________________________________
DAN R. DINNING, Chairman
ATTEST:
___________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Friday, October 4, 2019 - 11:45
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