***Monday, January 27, 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., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was submitted.
Those present discussed the Cooperative Forest Road Agreement and Schedule A agreement with the Forest Service. Ms. Nelson explained that this agreement pertains to roads in Boundary County that are either under Forest Service jurisdiction, but the county provides maintenance or are roads that are in county ownership, but the Forest Service provides maintenance. The Schedule A lists the descriptions of these roads. Joe Heisel with the Forest Service has designed maps of these roads so there is no misunderstanding. Boundary County maintains Deer Creek Road in certain areas and will also maintain the two miles to Placer Creek that were added, according to Ms. Nelson. Chairman Dinning said for clarification that the county won’t be paid for that, but it’s not a high priority. Mr. Morris spoke of keeping the snow plow turnaround in that area clear.
Commissioner Cossairt moved to sign the Cooperative Forest Road Agreement and Schedule A between the Boundary County Road and Bridge Department and USDA Forest Service Idaho Panhandle National Forests. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the Chairman to sign the Kootenai Trail Road Repair-Atkins Canyon Change Order #3. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Idaho Transportation Department, Transportation Alternatives Program (TAP) match commitment letter for the Naples Elementary School Pedestrian Safety Improvements Project. Commissioner Kirby second. Motion passed unanimously.
Those present discussed matters pertaining to the Trout Creek Bridge.
Mr. Morris mentioned to Commissioners that the Solid Waste Department is almost out of sand and is asking if they can have a couple loads from the Road and Bridge Department.
Ms. Nelson discussed matters pertaining to GIS capabilities and she said Road and Bridge could have a small computer that would basically remote in to the server. The company helping Road and Bridge would give them an outline for the scope of work, according to Ms. Nelson. Having a telephone conference with the parties involved was mentioned so that everyone would be on the same page.
Those present discussed a proposed finance agreement for the 309 excavator and requested changes to the finance documents.
Commissioners stated for clarification that the Emergency Order regarding the closure of the Kootenai River to boat traffic due to the Burlington Northern Santa Fe train derailment was intended to limit recreational use boats and it does not pertain to the Kootenai Tribe of Idaho, who is authorized to have continued access to the river.
9:33 a.m., Mat Suprenant and another unidentified employee of E.L. Automation joined the meeting.
County Civil Attorney Tevis Hull contacted Commissioners via telephone.
Mr. Suprenant said they just wanted to know if the county would entertain their internet service at the Courthouse and the reason is that Road and Bridge is working on getting a quote for dark fiber from the Courthouse to the Road and Bridge Office so it would be in conjunction with that. Chairman Dinning said Commissioners had just backed off from doing that. Clerk Poston said as far as the Courthouse, the county has an agreement with Frontier Communication and is also in the middle of the budget year. Clerk Poston added that when the county goes to change the budget for internet, they also have to think about the Odyssey Court Program.
The meeting with the E.L. Automation representatives ended at 9:36 a.m.
Clerk Poston discussed Attorney Hull’s proposed changes to the agreement with Longwell + Trapp Architects for the armory remodel.
Commissioners and Attorney Hull briefly discussed matters pertaining to herd districts.
The call to Attorney Hull ended at 9:52 a.m.
Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris returned to the meeting at 9:52 a.m.
Ms. Nelson stated that the Courthouse uses Computer Arts for technical support and Road and Bridge uses Intermix and it was said the parties involved just need to be able to discuss what each other is doing for internet. Commissioners agreed that they don’t need to get involved at this point.
Ms. Nelson and Mr. Morris left the meeting at 9:56 a.m.
Commissioner Kirby moved to approve the minutes of January 13 & 14, 2020. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Certificates of Residency for Serenity Fahey and Regina Claphan. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to grant an extension of time to pay year 2019 taxes for parcel #MH62N02E17451AA and to accept the tax amount due by February 3, 2020. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to grant an extension of time to pay year 2019 taxes for parcel #TP62N01E344820A and to accept monthly payments of $1,000.00 starting February 18, 2020, until the tax amount due is paid in full. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to grant an extension of time to pay year 2019 taxes for parcel #MHM094000300BA and to accept a payment of $120.00 on January 27, 2020 and to pay the balance due in full by February 10, 2020. Commissioner Kirby second. Motion passed unanimously.
10:00 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*
10:20 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Boundary County Board of Commissioners. Commissioner Kirby second. Motion passed unanimously.
Chief Lindsey and Ms. Russell left the meeting.
Commissioner Kirby moved to sign the contract with Bonners Ferry Builders regarding the armory remodel project, once it’s been verified the two requested changes have been made. Commissioner Cossairt second. Motion passed unanimously.
10:30 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 10:40 a.m. No action was taken.
10:41 a.m., Treasurer Sue Larson joined the meeting.
Commissioners, Clerk Poston and Treasurer Larson reviewed the Quarterly Report of County Accounts dated December 31, 2019.
Commissioner Kirby moved to approve the Treasurer’s Quarterly Report of County Accounts dated December 31, 2019. Commissioner Cossairt second. Motion passed unanimously.
Treasurer Larson left the meeting at 10:50 a.m.
11:00 a.m., Commissioners held a public hearing to consider Planning and Zoning Application #20-015, an application for a zone amendment requested by Applicants Ron and Leanne Sukenik, Naomi Jordan and Mark Gagnier. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, and applicants Ron and Leanne Sukenik. The hearing was recorded.
Chairman Dinning briefly reviewed the public hearing procedures. The applicants request a zone change from de-annexing City of Bonners Ferry property to the residential zone on parcels #RPB00000267201A, #RPB00000267600A, #RPB00000267800A and #RPB00000267900A. These four parcels, consisting of 33.6 acres, are located southeast of Bonners Ferry and are accessed by Cow Creek Road / Waterfront Lane. Chairman Dinning stated that Commissioners will consider the application using Ordinance 9B18LOV2, Section 18.1.2. Commissioners said they had no conflict of interest or ex parte communication.
Applicant Ron Sukenik gave an opening statement. Mr. Sukenik said Chairman Dinning described the request and he added that these parcels are more commonly referred to by locals as the area near Mike’s Machine Shop and Fodge Mill. These parcels are located on the north side of the railroad tracks between the tracks and the Kootenai River. In 1979 these parcels were annexed into the City of Bonners Ferry mostly for the purpose of providing electricity to the mills. This area was also once known as Sweet Island. At that time these parcels were owned by one party and that is why they were annexed as one large parcel. Eventually, the parcels were split, according to Mr. Sukenik. Somewhere along the line these parcels were found to be in city limits and were zoned industrial. The City of Bonners Ferry has said the parcels are low lands and are not conducive to industry. Mr. Sukenik said a good majority of the property is in the flood plain, but six acres of it are on high ground and one day he and his wife may build a home on it for themselves. Mr. Sukenik agreed with the City of Bonners Ferry that this property is more of a county-type property. Mr. Sukenik added that in talking with Planning and Zoning Administrator John Moss about appropriate zoning, he is just asking to be consistent with the area as far as the zone.
Commissioner Kirby said the matter seems straight forward to him. Mr. Sukenik said Mr. Moss should have a copy of the agreement where the City of Bonners Ferry states they would allow the de-annexation. Chairman Dinning questioned if the other property owners agree to this application in some fashion. Mr. Sukenik said yes and all parcels have legal access.
Mr. Moss provided a staff report and said the report pretty much summarizes what Commissioners just heard from Mr. Sukenik. Commissioners should have copy of the agreements between the landowners. The Planning and Zoning Commission recognizes that the City of Bonners Ferry had approved de-annexation, that adjacent properties were zoned residential and they saw no reason to deny the request.
Commissioners asked for public comment in favor, uncommitted, and opposed to the application and no one from the public was present. Chairman Dinning said his only concern is the timing and coordinating between the City of Bonners Ferry and the county or does the county just do its process? It was said the assigning of parcel numbers has to happen in conjunction with the approval. The approval of the zone map amendment will initiate what has to happen, according to Mr. Moss.
Commissioners closed the hearing to public comment and called for discussion amongst themselves. Both Commissioner Kirby and Commissioner Cossairt said they had no issues with the application.
Commissioner Kirby moved to approve Planning and Zoning Application #20-015, for a zone map amendment for parcels ##RPB00000267201A, #RPB00000267600A, #RPB00000267800A and #RPB00000267900A as the application meets Ordinance 9B18LOV2, with the understanding the change will be simultaneous with the City of Bonners Ferry once it occurs, and to accept the findings of the Planning and Zoning Commission. Commissioner Cossairt second. Motion passed unanimously.
The hearing to consider Planning and Zoning Application #20-015 ended at 11:15 a.m.
11:42 a.m., Airport Manager Dave Parker and Solid Waste Department Superintendent Claine Skeen joined the meeting.
Mr. Parker said he had overlooked budgeting the balloon payment amount for the airport’s 906H CAT loader. James Jordan with Western States CAT spoke of appraising this piece of equipment and Hugh Gavin with Columbia Bank was also contacted, according to Mr. Parker. Mr. Parker said he did budget the annual payment amount of approximately $8,000.00, just not the balloon payment due. It was said that it doesn’t make sense for the airport to continue budgeting for this loader so Mr. Parker said he contacted Road and Bridge to see if they had a need, but they already have a loader that works for them.
Mr. Skeen said the landfill’s 180 skid steer is on its last leg and that is why Mr. Parker contacted him about the loader. The landfill has a grapple, broom, and forks that would work with this loader. Mr. Skeen said he doesn’t have the payment of $34,000.00 in his budget, but with the lease payment instead of adding onto a building at the landfill, he would continue with the loader’s lease purchase. Mr. Skeen said you’re looking at $32,000 or $34,000 to buy a fairly decent skid steer so he could have this loader and get rid of the skid steer he has. Chairman Dinning said he’s looked online and everything else has thousands of hours on the equipment. Chairman Dinning added that the county doesn’t want to return a piece of equipment that it didn’t use and then get something else. Chairman Dinning asked Mr. Skeen and Mr. Parker to look into compatible attachments as they go through this process and he said either way we will want to extend this lease. Commissioners said they would contact Hugh Gavin with Columbia Bank about the lease. Mr. Parker said he has the payment amount of $8,000.00 in his budget, but Mr. Skeen doesn’t so is the airport budget funding the payment for February? Chairman Dinning said Mr. Skeen commented that he has the payment in another budget line. Clerk Poston said the payment can also be split 50/50.
Commissioner Kirby moved to amend the agenda to add discussion and possible motion regarding refinancing the airport’s CAT loader as it is a time sensitive matter. Commissioner Cossairt second. Motion passed unanimously.
It was said the balloon payment of approximately $33,000.00 is due the 2nd of February, but it was not budgeted for by the airport so Commissioners need to take care of this matter in a timely fashion. Mr. Parker presented financing options from the local Columbia Bank. Commissioners said they would continue with approximately two or three payments of $8,000.00 and a balloon payment of $11,000.00 at the end of the lease. Commissioners will needed to get a letter to Columbia Bank stating the county wishes to proceed with this refinance and that Commissioners would finalize documents when they get back from their conference.
Commissioner Kirby moved to proceed with the refinance of the 906H Caterpillar loader currently used at the airport. Commissioner Cossairt second. Motion passed unanimously.
The meeting with Mr. Parker and Mr. Skeen ended at 12:00 p.m.
Commissioners recessed for lunch at noon.
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 Office of Emergency Management Local Area Field Officer Jay Baker and Boundary County Emergency Services Director Andrew O’Neel joined the meeting.
Mr. O’Neel informed Commissioners of the pre-disaster mitigation grant opportunity and he commented that the grant funds can be used update the All Hazard Mitigation Plan. Mr. Baker further explained what this program entails and he explained that there is more funding available now so it’s easier to fund projects, using computer technology as an example. Commissioners asked if the armory remodel project would qualify and Mr. Baker said mitigation funds cannot be used for original construction and the remodel of the armory would be considered original construction.
Commissioner Cossairt moved to sign the Boundary County All Hazard Mitigation Plan Update grant application letter for in-kind resources valued at $7,811.25, which will be provided through February of year 2023, or when the grant ends. Commissioner Kirby second. Motion passed unanimously.
Commissioners were informed that Mr. O’Neel would be taking a course in Hayden pertaining to emergency operation centers (EOC) so he will get a better idea on information flows through the EOC and he asked Commissioners if there is anything they would like to see in a local emergency operation center. Mr. O’Neel explained the command system that occurred during the recent train derailment and what the role of the EOC would have been. Chairman Dinning said when we look at incidents such as fires, Commissioners become secondary as it’s the Forest Service or Idaho Department of Lands jurisdiction and if there is flood, the agency is the Army Corp of Engineers, but for the mudslide, the county’s response was set up with instruction from Emergency Services and Mr. Baker and it was handled the best they could. Commissioners said they would take the recommendation of the Emergency Operations team. Mr. Baker said the Federal Emergency Management Agency (FEMA) often times looks at the eastern side of the country, such as areas that experience hurricanes, etc. Mr. Baker added that a lot of times we see the EOC become the ECC, which is an emergency coordination center.
Commissioner Cossairt moved to affirm the submittal of the Pre-Disaster Mitigation Assistance grant application for an amount of $7,811.25. Commissioner Kirby second. Motion passed unanimously.
The meeting with Mr. Baker and Mr. O’Neel ended at 1:57 p.m.
Commissioner Cossairt moved to sign the Memorandum of Understanding between Boundary County and Boundary County School District #101 regarding the Naples Elementary School Pedestrian Safety Improvements. Commissioner Kirby second. Motion passed unanimously.
2:00 p.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to provide an update on Restorium matters.
Commissioner Cossairt moved to write off Restorium resident account #201104-15 in the amount of $456.30 and to write off Restorium resident account #201902-22 in the amount of $2,334.00. Commissioner Kirby second. Motion passed unanimously.
Ms. Magee informed Commissioners that the Restorium now has 38 residents and only one ½ room available. Ms. Lane left the meeting.
2:10 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 2:37 p.m. No action was taken.
Ms. Magee left the meeting.
2:37 p.m., County resident Bob Vickaryous joined the meeting to discuss matters pertaining to herd districts. Mr. Vickaryous said he lives next to Idaho Fish and Game property and that Fish and Game complains about his cows on their property and he complains about Fish and Game diverting water on to his property. Mr. Vickaryous said fences were removed and Fish and Game were complaining about cows on their property. Herd districts do not apply to livestock that roam, etc., according to Mr. Vickaryous. Fish and Game has done a lot of work to their property and Mr. Vickaryous said he’s mad about another bigger pond closer to his property coming from the Smith Creek channel. If the river level is up and water cannot get out, his property floods and he has to get a pump, but he shouldn’t have to do that. Fish and Game should keep ahead of this. Mr. Vickaryous questioned who is responsible to put up a fence. Chairman Dinning explained that Commissioners only have authority to originally create a herd district and then from there a board is supposed to be appointed to manage the affairs of the herd district. Chairman Dinning said questions about this issue are being forwarded to the Attorney General’s Office by the county’s civil attorney. If there are no commissioners for a herd district, is it a valid district. Mr. Vickaryous questioned the matter of fences. Chairman Dinning said he recalls when that area was fenced. Chairman Dinning commented that he knows a herd district is a separate district and it has the ability to levy. The law now says if a herd district is created, the county is responsible for fencing the perimeter. Mr. Vickaryous questioned if the landowners then maintain the fence as that would make the most sense. Chairman Dinning said when Commissioners get a response back from the Attorney General’s Office, it may solve Mr. Vickaryous’s problem. It was said that Idaho law states, if there is no herd district, then open range is what it would become. Chairman Dinning said the terms of a conservation easement cannot extend to those types of activities, because it’s open range…in his mind. So if people don’t want cows in those areas, then they should fence them out, but that is his thinking.
3:00 p.m., Chief Deputy Clerk Tracie Isaac and Deputy Clerk Pam Barton joined the meeting to discuss matters pertaining to the sick leave bank.
The meeting with Chief Deputy Clerk Isaac and Deputy Clerk Barton ended at 3:03 p.m.
Commissioner Cossairt moved to authorize the Chairman to sign the Standard Form of Agreement between Boundary County and Bonners Ferry Builders regarding the Sheriff’s Office remodel at the armory. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the Chairman to sign the Airport Improvement Project 3-16-004-016-2019 request for funds/Invoice Summary #3 and (SF271) associated documents for snow removal equipment. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the Chairman to sign the Airport Improvement Project Grant Oversight Risk Assessment for the Boundary County Airport once Commissioners receive T-O Engineering’s recommendation. Commissioner Kirby second. Motion passed unanimously.
4:00 p.m., There being no further business, the meeting recessed until tomorrow at 3:00 p.m.
***Tuesday, January 28, 2020, at 3:00 p.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
3:00 p.m., Commissioners participated in the Idaho Association of Counties legislative conference call. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Treasurer Sue Larson, and Assessor Dave Ryals. The call ended at 3:45 p.m.
Treasurer Larson, Assessor Ryals and Commissioners reviewed topics discussed during the conference call.
There being no further business, the meeting adjourned at 4:15 p.m.
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Dan R. Dinning, Chairman
Attest:
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Glenda Poston, Clerk
By: Michelle Rohrwasser, Deputy Clerk