Commissioners’ – Week of February 22, 2021

Meeting Minutes

***Monday, February 22, 2021, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.

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

9:00 a.m., Road and Bridge Department Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was submitted. Mr. Morris said Road and Bridge crews are out brushing roads and working on road signs. Crews are also working to fill potholes on Highway 2 and getting the small excavator to clear up the logging project at Rocking Tree and Turner Hill Road. The big excavator has been moved to Perkins Lake Road, past Curley Creek, as that road hadn’t been brushed in a very long time.

Mr. Morris said Road and Bridge will probably close roads to hauling on Wednesday or Thursday based on how they’re looking as it’s getting soft on top already.

Ms. Nelson said Road and Bridge had received a piggyback offer through Freightliner for a 2022 Western Star truck. Freightliner said their offer has an annual payment of $44,000.00. The credit interest rate is an estimate, but if the county fills out a municipality lease, Freightliner can narrow that rate down. Ms. Nelson said she’s contacted two local banks, but one bank doesn’t have a rate or payment schedule yet and the other bank hasn’t returned her call. Chairman Dinning said we need to get more information so we know what our options are and to email that information to Clerk Poston.

Mr. Morris said Road and Bridge received an email from the Fish and Wildlife Service at the Boundary Creek location. The Fish and Wildlife Services wants to put in a parking lot and a boat launch where the old ferry landing was located. Road and Bridge does maintain the loop in that area, according to Mr. Morris. It was asked if Fish and Game needs an access approach off of the county road. Chairman Dinning said we need to find out more about what Fish and Game wants to do.

Ms. Nelson commented that other items she had listed for discussion are still in process.

Ms. Nelson said the Riverside Road Improvement project has been postponed for another year and the reason is that all easements and rights-of-way weren’t in place, including the documents from Fish and Wildlife Service. The utility easement still hasn’t been resolved. Ms. Nelson said to be able to go to bid to start the project in April wasn’t a possibility. Idaho Transportation Department is asking that Road and Bridge still have all easement and right-of-way work completed by July.

The meeting with Ms. Nelson and Mr. Morris ended at 9:21 a.m.

Commissioners tended to administrative duties.

Commissioner Cossairt moved to approve the minutes for the weeks of February 8, 2021 and February 15, 2021. Commissioner Bertling second. Motion passed unanimously.

9:30 a.m., County Civil Attorney Tevis Hull contacted Commissioners via conference call.

Attorney Hull said he will try to have information about using landfill closure funds for a landfill purchase to Commissioners by this afternoon. Attorney Hull said he will also try to reach out to Yvonne Dingman with the Idaho Transportation Department about the Right-of-Way Purchase/Contract, Curb Relocation Estimate and Extended Agreement as he hasn’t heard from her.

Chairman Dinning left the meeting temporarily due to a conflict of interest pertaining to the next discussion.

Attorney Hull said he has reviewed the documents pertaining to a vacation or abandonment of a county road or right-of-way that was deeded some time ago. By the description of what he was given, there is no county road in there now, there are power poles that a utility company put in where the road would be and the road extends into another piece of property. Commissioners will have to get more information on this matter, hold a public hearing on the request if they’re considering abandonment and get some type of report from the Road and Bridge Department about any future plans to extend that road. There is information Commissioners have to gather. When planning the public hearing, the county has to notify all property owners within 300 feet of that entire road. There is a piece of property that comes off of the county road and this deeded county road actually extends into another property that is not Rick Dinning’s property so if this other property uses this road as access, there is a lot to look at. Commissioner Cossairt questioned if the county can just abandon this area and Attorney Hull said not from a county perspective. Where the county has a right-of-way or road, the county has to go through the hearing process.

Attorney Hull explained that he has attended public hearings with motions to vacate certain roads from a topography standpoint and the City of Bonners Ferry said no, they never will give up roads as they may be used in the future so the city would not consider vacating a road even though these roads have been on the books and have not been used for 100 years. Commissioner Cossairt said this road hasn’t been used for access for approximately 30 or 40 years. Commissioner Bertling said the area could be used for a good chunk of land. Attorney Hull said it would involve holding a public hearing, notice to property owners within 300 feet, a notice to every property owner who accesses that road, etc. Commissioner Bertling and Commissioner Cossairt both said they need to think about this. Commissioner Cossairt questioned who pays for this process and Attorney Hull said the county is the entity that ends up paying for this process. Commissioner Bertling spoke of wanting to go out and take a better look at the area. Attorney Hull suggested Commissioners also speak with Road and Bridge. Commissioner Cossairt asked if a future landowner can force the county to maintain this road if it’s not abandoned. Attorney Hull said no, there is no obligation for the county to maintain it, but it is an encumbrance on that land. Commissioner Cossairt briefly commented about the county vacating the property and Attorney Hull said then the road would no longer be an encumbrance. Commissioner Cossairt asked if the property was vacated, would it go back to the adjoining landowners on each side. Attorney Hull described how the property in this case would all be on one property until it entered the other person’s property, so it would not be split between adjoining landowners. Attorney Hull said Commissioners need to explore future uses of this road for the county as the county wouldn’t be able to get it back once it has been vacated or abandoned.

Chairman Dinning returned to the meeting at 9:44 a.m.

Chairman Dinning updated Attorney Hull on the delay of the Riverside Road Improvement Project.

The call to Attorney Hull ended at 9:45 a.m.

Commissioner Cossairt moved to authorize the Chairman to sign Federal Aviation Administration Request for Reimbursement #9 for Airport Improvement Project ending #017 and the Invoice Summary for the environmental assessment project at the Boundary County Airport. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign Federal Aviation Administration Request for Reimbursement #7 for Airport Improvement Project ending #018 and the Invoice Summary for the snow removal equipment building (Phase II) project at the Boundary County Airport. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2021-7. A resolution for the establishment of the Boundary County Payment Acceptance Policy. Commissioner Bertling second. Motion passed unanimously. Resolution 2021-7 reads as follows:

Resolution 2021-7

Establishment of Boundary County Payment Acceptance Policy

Whereas, the Board of County Commissioners, County of Boundary, State of Idaho, are tasked in Idaho Code 31-802 the Supervision of County Officers. To supervise the official conduct of all county officers, and appointed boards or commissions of the county charged with assessing, collecting, safekeeping, management or disbursement of the public moneys and revenues.

Whereas, the Board of County Commissioners desires that the public to be informed of the uniformed acceptable payment options at all Boundary County departments.

NOW, THEREFORE, BE IT RESOLVED, upon motion duly made on February 22, 2021, seconded and unanimously carried.

IT IS RESOLVED that Boundary County will accept as forms of payment the following:

Cash, checks, money orders, cashier’s checks and credit/debit cards (with the appropriate fees).  All checks, money orders, and cashier’s check shall be made payable to Boundary County.

Boundary County will not accept third party checks.

IT IS HEREBY ORDERED, that this Resolution be recorded in the records of Boundary.

Dated this 22nd day of February, 2021.

Board of Boundary County Commissioners

s/__________________________

Dan R. Dinning, Chairman

s/__________________________

Wally Cossairt, Commissioner

s/__________________________

Tim Bertling, Commissioner

Attest:

STATE OF IDAHO,                                                 )

) ss.

COUNTY OF BOUNDARY,                                    )

Glenda Poston, Clerk/Record

Boundary County

By: s/_______________________________

Clerk

Recorded as instrument #285659

Commissioner Cossairt moved to reappoint Mark Weber and Bob Blanford to the Boundary County Airport Board with terms to expire February 2024. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to continue their motion to sign the Findings & Decision for Application for a Variance #3-2021 requested by Applicant Rebecca Henslee and the Findings & Decision for Application for a Variance #4-2021 requested by Applicants Albert Solt and John & Patti Solt to tomorrow, Tuesday, February 23, 2021, at 1:30 p.m. Commissioner Bertling second. Motion passed unanimously.

9:58 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 convene as the Boundary County Ambulance Service District Governing Board. Commissioner Bertling second. Motion passed unanimously.

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

10:07 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and reconvene as the Boundary County Board of Commissioners. Commissioner Bertling second. Motion passed unanimously.

Ms. Russell and Chief Lindsey left the meeting.

Chairman Dinning explained the Community Forest Landscape Restoration (CFLR) program to Commissioners.

10:30 a.m., Kootenai Valley Resource Initiative (KVRI) Facilitator Rhonda Vogl and Forest Service District Ranger Kevin Knauth joined the meeting to provide Commissioners with an update on Kootenai Valley Resource Initiative and Forest Service projects.

Ms. Vogl commented that Jim Cadnum is stepping down as a KVRI board member and Chuck Roady has expressed interest in filling that position. Ms. Vogl said industrial timberland owners, such as Molpus, Hancock and Stimson are in favor of appointing Mr. Roady.

Commissioner Cossairt moved to appoint Chuck Roady as the industrial timberland representative on the KVRI Board and to appoint Jim Cadnum as an alternate. Commissioner Bertling second. Motion passed unanimously.

Mr. Knauth said he didn’t have much to report from a project National Environmental Policy Act (NEPA) perspective. The Forest Service is in the planning stage of the Westside Restoration project and is going through the comments received from the draft environmental assessment. Mr. Knauth said the Forest Service is waiting to schedule a Forestry Subcommittee meeting and an internal Forest Service meeting.

The Forest Service is still doing work on the Hell Roaring project and the Camp Stew sale has work going on around Robinson Lake right now and in areas where the ground is still firm. Foust Inc., may get to the Boulder Dash project, but with the warming wind going on the frost is leaving the ground fast. Mr. Knauth commented that this is Jeannie Higgins last week as Forest Supervisor as she is retiring. Deputy Forest Supervisor Kim Pierson will be Acting Forest Supervisor for 120 days starting in March and Ms. Pierson’s position will be filled during those 120 days.

Those participating in the meeting discussed the Community Forest Landscape Restoration (CFLR) project. A concern was voiced as to how an application would be affected if KVRI requested an extension. It was said that particular application has been approved, but it’s a matter of funding. Mr. Knauth added that the application has been approved to fund, but now it’s a matter of Congress appropriating enough funds to bring money to it. There were two year 2010 CFLR projects that were granted extensions. Between the 2012 projects and the two 2010 projects, money didn’t stretch far into new projects. Once the year 2012 projects are done, there might be a greater availability of funding. Chairman Dinning said we had an opportunity to ask for an extension of KVRI CFLR projects. Mr. Knauth said we do have that ability and we do need to get proposals in to the Washington Office by May and we need to have quick reviews done before seeking approval from the Secretary. Chairman Dinning said if in fact we’re granted an extension, we would not use any of the joined collaborative funds until all of the extension money has been used up. Chairman Dinning said the original CFLR project came out in year 2010 and another round came out in year 2012. Fiscal year 2022 is the end of the extension. This year’s October funding will end, according to Mr. Knauth.

Commissioner Bertling and Commissioner Cossairt both had no problem with an extension. Mr. Knauth said as far projects promised to be delivered, they’ve done that. Chairman Dinning added that those projects were done without challenges. Chairman Dinning commented that KVRI is a good investment for those who make the decisions. Mr. Knauth said the farm bill provided for or reauthorized CFLR projects though fiscal year 2023 and a new farm bill could reauthorize or extend that authorization beyond that year, but right now it’s year 2023. Years 2022 and 2023 are the only years the CFLR project is authorized for at this point. Ms. Vogl said nothing is guaranteed for normal CFLR projects or the extended projects. Mr. Knauth said that was correct.

Mr. Knauth said out of a $40,000,000.00 budget, a certain amount of money would go to salaries, other expenses go toward running these programs and the remainder goes to the projects. Just short of $14,000,000.00 is the amount to be given to current projects and any extensions out of that $40,000,000.00. Mr. Knauth said we know that there are at least 10 projects approved for just under the $14,000,000.00 to be given out. When you look at this, some thought has to go to the work load in introducing the proposal knowing that there may not be money to the proposal. Mr. Knauth said it’s unknown whether or not Congress funds extended projects first or newly approved projects should get funded first followed by extended projects. Mr. Knauth spoke of a heavy focus on third party monitoring and he said the collaborative as a whole would need to be active in monitoring and that is what’s wanted in these proposals.

The call with Ms. Vogl and Mr. Knauth ended at 10:54 a.m.

11:00 a.m., Sheriff Dave Kramer joined the meeting to discuss needed improvements to the Boundary County jail.

Those present discussed jail improvements after Commissioners had toured the jail a week ago. Sheriff Kramer mentioned having McKinstry visit the jail prior to that and having conducted a walk through. Chairman Dinning spoke of McKinstry representatives listing everything that needed work, but the county does not have the resources to improve the jail facility in totality. The County could either go out for a huge bond to fix everything or the county could see what phasing out improvements would cost. It was said that we don’t have a total estimate yet. Commissioner Bertling said the plumbing is the most striking issue. Sheriff Kramer said in his opinion, there are some issues that need to be taken care of for cost and priority going down the road. The roof is a known issue so we could get an estimate for that. The biggest issue the Sheriff’s Office is facing is the plumbing and addressing the old valves is a big priority. In exploring options, from the plumbing standpoint, we can seek requests for proposals so we know what needs to happen, then we can try to plan what to budget or do to take that project on. Other projects could fall into places once the priority issue is taken care of. Chairman Dinning said one thing that was not addressed was once we start redoing plumbing is that we’re going to displace prisoners, so are we doing to house them somewhere else? Sheriff Kramer said it’s hard to know without having the plans as we don’t know if we’re just replacing some valves, but he does know of some drainage where we’re connected to the city. Chairman Dinning asked if Sheriff Kramer can get requests for proposal language and to have Attorney Hull look review it. Sheriff Kramer said plumbing is a primary issue, but projects can be phased out and then he will bring that information to Commissioners’ attention so it’s not a surprise and they can look forward. Chairman Dinning said at least get a plan in place as that will help everyone going forward. Sheriff Kramer said he doesn’t expect getting everything fixed right now. Chairman Dinning questioned if we design the plumbing work as if dispatch has moved out as well as he doesn’t know how to accomplish that.

Sheriff Kramer spoke of having to have a certain number of staff for the jail and he added that because the Sheriff’s Office doesn’t have a female detention deputy, at times the jail has had to use a female dispatcher and now that the City of Bonners Ferry has a female officer, the Sheriff’s Office can use her when it comes to female inmates. Those present discussed the process of moving the dispatch center and needing to work out computer issues before moving everything to the armory.

Sheriff Kramer spoke of the issues his office has had with the newer driver’s license computer programs and he commented that the county is subsidizing $55,000.00 for an Idaho Transportation Department driver’s license program.

Sheriff Kramer mentioned that he will try to find request for proposal language for the jail improvements before leaving the meeting at 11:13 a.m.

11:14 a.m., Commissioner Cossairt moved to go into executive session pursuant to 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 Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 11:40 a.m. No action was taken.

Commissioners recessed for lunch at 11:40 a.m.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.

County Civil Attorney Tevis Hull and Deputy Clerk Pam Barton joined the meeting.

1:30 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 Bertling second. Motion passed unanimously. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously.

4:22 p.m., Attorney Hull and Ms. Barton left the meeting.

Commissioners remained in executive session.

The executive session ended at 4:35 p.m. No action was taken.

There being no further business, the meeting recessed until tomorrow at 1:30 p.m.

***Tuesday, February 23, 2021, at 1:30 p.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.

Commissioners tended to administrative duties.

2:07 p.m., Commissioners discussed the Community Landscape Restoration project and possibly requesting an extension through the Kootenai Valley Resource Initiative. Chairman Dinning said Commissioners did speak to Bonners Ferry District Forest Ranger Kevin Knauth about the program yesterday. Commissioners did not have an issue with requesting an extension and Commissioner Cossairt suggested a two year extension.

2:10 a.m., Commissioners recessed until their next meeting at 2:30 p.m.

2:30 p.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to give the department report.

Ms. Magee said she tried to contact Jacob Bushnell about an emergency call button for the Restorium, but she was unable to leave a message. Ms. Magee informed Commissioners that she did assess two more residents, but they’re not ready to come to the Restorium just yet.

Ms. Magee asked Commissioners if there was a county-wide cell phone policy. The cell phone policy the Restorium has states cell phone usage is strongly discouraged, unless it’s for work purposes or while the employee is on break. Ms. Magee said the issue she is seeing is that there are a lot of employees at the Restorium using their cell phones. Chairman Dinning said if these employees are on their phones while not on break, etc., they’re violating that policy. Ms. Magee said there are times when you can’t tell if someone is on a break and she asked if she is able to ban employees from bringing their phone. Commissioner Bertling suggested that Ms. Magee could state that this is what the policy says and it needs to be respected, and if the employees continue, then she needs to go a different route, etc. Chairman Dinning said if an employee states they’re using their phone due to an emergency, it wouldn’t work because the Restorium does have its own phones that could be used. Ms. Magee said she thinks cell phone usage has gotten out of hand and she feels phones should be put away unless the employee is on a break. Commissioners were in favor of having phones be kept away. Commissioners suggested that Ms. Magee talk to her employees again, but take the next step if that doesn’t work.

Ms. Magee asked Commissioners about an employee who needs a certain amount of time off. Chairman Dinning said an employee can use vacation time first, then write a letter if they’re going to request using sick time, etc.

Ms. Magee said she’s been contacted by a company out of Spokane about a call system, but she would expect them to charge a lot for mileage to come out and just take a look. Commissioners suggested getting as many quotes as possible.

The meeting with Ms. Magee and Ms. Lane ended at 2:52 p.m.

3:00 p.m., Commissioners participated in the Idaho Association of Counties (IAC) legislative Zoom conference call for District 1. Also participating in this call was IAC Executive Director Seth Grigg and various elected officials from the five northern counties. The Zoom call ended at 3:50 p.m.

There being no further business, the meeting adjourned at 4:00 p.m.

s/______________________________________

DAN R. DINNING, Chairman

ATTEST:

s/_______________________________________

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk