***Monday, September 09, 2019, at 9:00 a.m., Commissioners met in regular session with Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Chairman Dinning was out of the office tending to personal matters.
County resident Marty Martinez was in attendance of the meetings off and on throughout the day.
Commissioner Cossairt moved to appoint Commissioner Walt Kirby Acting Chairman in the absence of Chairman Dan Dinning. Commissioner Kirby second. Motion passed unanimously.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Road and Bridge Department Assistant Superintendent Renee Nelson and Foreman Randy Morris joined the meeting. A written report was submitted. Mr. Morris discussed moving sand from the state pit to the Eileen pit. Mr. Morris also spoke of the McDougal Bridge after the milling work was done on Moyie River Road.
Commissioner Cossairt asked about the Local Highway Technical Assistance Council (LHTAC) bus tour and meeting taking place later this week. Ms. Nelson explained that LHTAC will go through some of the projects in Bonner County before coming to Boundary County to go over projects here. Friday will consist of an LHTAC board meeting in Sandpoint. Commissioner Kirby expressed interest in attending.
Ms. Nelson questioned the ability to notify residents along the Union Pacific Railroad siding project about the process for selecting a road name.
Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent. Acting Chairman Kirby yielded the chair to second. Commissioners voted as follows: Acting Chairman Kirby “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. The executive session ended at 9:45 a.m. No action was taken.
The meeting with Mr. Morris and Ms. Nelson ended at 9:44 a.m.
Commissioner Cossairt moved to authorize signing the Contract for Professional Services for Fire Mitigation Project Management for 17HFR1-Boundary (Westside Dawson), upon receipt of the contract having corrected the amounts for general liability and aggregate coverages. Acting Chairman Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the signing of requests for reimbursement associated with the Fire Safe Program. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes from the weeks of August 19, 2019 and August 26, 2019. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Boundary County Airport Layout Plan documents. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Idaho Office of Emergency Management 2019 Subrecipient Agreement and associated documents for the State Homeland Security Grant Program. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 28,240.60
Road & Bridge 253,949.53
Airport 13,009.82
District Court 3,154.10
Justice Fund 33,991.88
911 Funds 1,840.35
Historical Society & Museum 21,000.00
Indigent & Charity 11,649.85
Parks and Recreation 4,292.38
Revaluation 398.91
Solid Waste 22,847.49
Veterans Memorial 87.75
Weeds 6,160.45
Restorium 15,309.86
Waterways 764.64
Grant, Boat Safety 733.41
TOTAL $417,431.02
Trusts
Auditors Trust – Misc 4,433.32
Boundary Co. Drug Court Trust 158.66
Driver’s License Trust 10,038.50
Motor Vehicle Trust 190,734.43
Insurance Reimbursement Trust 714.61
Sheriff’s Trust Fund 359.25
Parks & Recreation Trust Fund 11.58
Playground / Ice Rink Trust 5.79
Odyssey Court Trust Account 40,264.00
Odyssey Bond Trust Account 300.00
Odyssey Restitution Trust Acct 1,408.14
TOTAL $248,428.28
GRAND TOTAL $665,859.30
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2018-2019).
Commissioner Cossairt moved to amend his prior motion and to authorize the Chairman to sign requests for reimbursement associated with the Fire Safe Program, even in the event the documents do not arrive in time to be placed on the agenda. Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.
Commissioners tended to administrative duties.
10:20 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent. Acting Chairman Kirby yielded the chair to second. Commissioners voted as follows: “Acting Chairman Kirby “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. The executive session ended at 10:33 a.m. No action was taken.
Commissioners tended to administrative duties.
11:00 a.m., Restorium Administrator Karlene Magee and Assistant Superintendent Diana Lane joined the meeting to give a department report. Commissioners were presented with Restorium financial information for the months of June, July and August 2019. It was said that the Restorium has 17 full time employees. Commissioner Cossairt asked how much Medicaid will pay. Ms. Lane said it just depends. Commissioner Cossairt asked if room rates increase, will Medicaid cover most of that cost. Ms. Lane and Ms. Magee said no.
Ms. Magee informed Commissioners that she did receive payment from Blue Cross and she’s still collecting a bit more from them. Ms. Magee explained that she can’t increase the room rate for Medicaid residents because Medicaid will only pay a certain amount and she discussed how Medicaid’s process works. The daily rate can increase as Medicaid has made adjustments there, such as initially paying $50.00 per day to $58.00 per day. Commissioner Cossairt asked about the portion a resident on Medicaid would pay. Acting Chairman Kirby asked if there was any water built up behind the Restorium due to heavy rainfall. Ms. Magee said there hasn’t been any drainage issues since the recent landscaping was done.
Ms. Magee said she did send out the notices of upcoming room rate increases to residents and there are some residents and resident families who are not happy about it.
Those present discussed ordering a new boiler for the Restorium. Ms. Magee said it will take approximately two to three weeks for a new boiler to arrive and then two or three days to install it. Commissioner Cossairt said Ms. Magee should probably go ahead and get the boiler ordered as it won’t arrive for about three weeks, sometime after October 1st.
The meeting with Ms. Magee and Ms. Lane ended at 11:20 a.m.
11:24 a.m., Boundary Economic Development Council (EDC) Director Dennis Weed joined the meeting to give an update on EDC projects. Mat Surprenant with E.L. Automation was also present for the meeting.
Mr. Weed informed Commissioners that Verizon is going to redo their antennae as it is currently at capacity. The people closest to the antennae are seeing better service as opposed to those who live farther away, but with a new antennae the service will be better and calls won’t be dropped. The new antennae should also reach most of the Moyie Springs area and farther into the south end of the county. Verizon has been waiting for the Federal Communication Commission (FCC) permits so it will probably be around spring when the new antennae is put in, then we can see what T-Mobile or Sprint does, according to Mr. Weed. Depending on what happens, it will give people another option for cellular service.
Mr. Weed said last week a new lease for the Shopko building was to have been signed. There has also been more interest in the old Akins Harvest Foods Building, which is owned by the Albertson’s Corporation, but Albertson’s lease price is so high that it makes it hard for any business to make that lease payment. There are still telephone calls every other month from people showing interest in that building so who knows what will happen, according to Mr. Weed.
Mr. Weed discussed Keller Associates’ work on the regional sewer program and the City of Moyie Springs going out for a bond late this winter or early next spring. Keller Associates is working on all of the grants right now, such as block grants, Corps of Engineers and United States Department of Agriculture (USDA) grants. There is a year’s worth of engineer work to be done prior to construction of the sewer system starting and some of the work the City of Moyie Springs Public Works Supervisor John Nelson can do to help save money, while other tasks are off the shelf supplies. Completion of this project looks to be year 2021. The Department of Environmental Quality (DEQ) has also reduced the cost of the project due to coolant practices so that saved a couple hundred thousand dollars. Mr. Weed said there isn’t a lot of affluent coming out of the system and if it’s only the city, it isn’t that much at all. It would be a bit more if the county hooked up to it. Mr. Weed discussed the location of the pipes in relation to the river and Union Pacific Railroad, etc. The line to the river will be big enough for the county to hook onto as well as accommodate any growth for the City of Moyie Springs.
Commissioner Cossairt said it might be years before this system ever goes down Roosevelt Road as it’s expensive and it will be hard to convince people that it’s an important project. Mr. Weed mentioned that a sewer system is important when considering trying to bring businesses in to the area and he added that he has realtors calling and asking him when sewer utilities are going to be put in. With the funding coming in for the project and the costs decreasing, it might not change the sewer rate, according to Mr. Weed. It’s now a matter of knowing when it’s the best time to do the project and the best time for costs.
Those present discussed what is involved with the old Akins building if it’s used for other types of businesses, such as the cost to remove or replace the existing freezer units, possible asbestos issues, etc.
Those present also discussed issues with local water service capabilities due to insufficient infrastructure.
The meeting with Mr. Weed ended at 11:59 a.m., and Mr. Weed and Mr. Surprenant left the meeting.
12:02 p.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent. Acting Chairman Kirby yielded the chair to second. Commissioners voted as follows: Acting Chairman Kirby “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. The executive session ended at 12:34 p.m. No action was taken.
There being no further business, the meeting adjourned until tomorrow at 9:00 a.m.
***Tuesday, September 10, 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.
Darrell Kerby with Pace-Kerby & Co. Insurance, and Idaho Counties Risks Management Program (ICRMP) Risk Management Specialist Jim McNall, Legal Counsel Jerry Mason and Executive Director Tim Osborne joined the meeting.
9:00 a.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, staff member or individual agent, or public school student; Idaho Code #74-206(1)d, to consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code, and Idaho Code #74-206(1)i, to engage in communications with a representative of the public agency’s risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:52 a.m. No action was taken.
Chairman Dinning briefly discussed matters pertaining to Boundary Community Hospital’s insurance rating and that Commissioners are seeing how that’s accounted for in the county’s insurance premium. Mr. Kerby said he contacted Hospital CEO Craig Johnson about coverages and to see if any duplicate coverages exist, etc., so that request has been made. Chairman Dinning said Sage Dixon has made the request for information regarding the county’s ICRMP coverage and Clerk Poston has provided Mr. Dixon with that policy. Mr. Kerby said that may be sufficient. Chairman Dinning said Commissioners will go from there if they get another request for information. It was said the agency that Mr. Dixon represents is Redman and Company Insurance.
Chairman Dinning said the Boundary County Ambulance Service District is a county district and the county contracts with a non-governmental agency. Chairman Dinning asked if the Ambulance Service District has coverage through ICRMP. Clerk Poston explained that Commissioners are also the board for the Ambulance Service District, which is a separate taxing district. Chairman Dinning said we contract for all services and Boundary Ambulance Service holds the county harmless, but we know the county would be named if something were to happen. Attorney Mason said the statute states that Commissioners are the board. Mr. Kerby said that means the county is covered. Attorney Mason said the county is covered for matters such as if there is a challenge or suit in choosing a service provider, it’s up to the ambulance company to provide information. Constitutionally, taxation throughout any district has to be uniform. If you’re on the border to one side of a district you have to pay the same as if you’re on the opposite border. The county can form districts and disclude areas from taxation and receiving services. Attorney Mason listed examples such as Bannock County and Pocatello and services between a county and city. City taxpayers can fund a fire department and ambulance service and if the ambulance company wants to service an area outside of the city, taxes are being paid for services outside of city limits. It used to be authorized as a separate taxing district. It’s not a county levy, it’s an ambulance levy, but not as far as a political subdivision so it has the same board as the county, by statute. It’s body corporate and politic, according to Attorney Mason. It can incur debt even though the state can’t. It’s a taxing district and county commissioners are the board who can levy taxes, etc. Chairman Dinning said in our case the Ambulance District pays no premium to ICRMP, but it falls underneath the county’s ICRMP coverage. Mr. Kerby said there isn’t any payroll and liability is generated through payroll. The language in the policy would provide coverage outside of the exclusion for the board as long as it’s acting within the scope of duty. Mr. Osborne said he feels the county is fine as the contracted company is insured and they list the county as additionally insured. Mr. McNall said this is not a unique situation and Attorney Mason added that this matter occurs all over the board.
It was said the other matter to explain is the relationship between Boundary Community Hospital and Boundary County. Mr. McNall said there are no same situations. Mr. Kerby said when he contacted Mr. Johnson these last few days, he also gave Idaho Counties Risks Management Program Underwriting Manager Sandy Moser another contact. It’s like the hospital can be whatever they want to their benefit, according to Mr. Kerby. Commissioners thanked Attorney Mason, Mr. McNall and Mr. Osborne for coming to meet with them. Attorney Mason voiced appreciation for Boundary County being a member of ICRMP.
The meeting with Mr. Kerby, Mr. McNall, Mr. Osborne, and Attorney Mason ended at 10:13 a.m.
Commissioners tended to administrative duties.
Sheriff Dave Kramer joined the meeting at 10:27 a.m.
Commissioners discussed proposed remodel and construction projects. Chairman Dinning said at this point, the county was going to go out for a request for proposal or quote due to the dollar value based on the construction of a building for ambulance services. Chairman Dinning said he needs to visit with Boundary Ambulance Service representatives about a less expensive building. One comment made was to remodel the armory facility for that. Sheriff Kramer said he sent an email to Boundary Ambulance Service Chief Jeff Lindsey yesterday about an idea he had, which is that there is a house in town that may become available as the owners want to move. Sheriff Kramer said the cost to move the home is $5,000.00 so he suggested that Chief Lindsey consider that as an option to move the home and put it on the armory property. Chairman Dinning said the bigger issue is a place to house the ambulance vehicles. Chairman Dinning also mentioned that he wants to keep the Probation Department separated from the Sheriff’s Office if the Sheriff’s Office relocates to the armory, but that Commissioners do want to get the Probation Department moved closer to the Courthouse. Clerk Poston said if Commissioners go ahead with the remodel, it’s 95% feasible that it would all work out as there would be new bathrooms in the back half of the building. Sheriff Kramer said the front section of the armory could be kept separate, and he added that it would be fine to wait to relocate the administrative side of his office. With remodeling the back portion of the armory he wouldn’t need the front portion so that would be good. Sheriff Kramer said regardless of planning for a remodel for the ambulance, could the county relocate the existing fence in order to install an electronic gate? This fence is on the northeast end where the driveway is fenced in. Chairman Dinning said part of what Commissioners don’t know about for sure yet is the highway construction plans in two years and that is part of the design.
Sheriff Kramer said his office has exercise equipment that was donated for his employees to use and he questioned getting access to use this equipment in the gym area of the armory. Sheriff Kramer said instead of keys, could a lock box system be used so there is no need to bother the front offices. Those present questioned how the use of gym equipment and access would affect State Probation Officer Ron Pell who has an office close by. Clerk Poston said if we decide to move forward, we could easily start moving ahead on this as it’s a good winter project.
Sheriff Kramer left the meeting at 10:38 a.m.
Commissioner Cossairt moved to adopt Resolution 2019-22. A resolution regarding the retention and destruction of Restorium Resident Medical Records. Commissioner Kirby second. Motion passed unanimously. Resolution 2019-22 reads as follows:
RESOLUTION 2019-22
RETENTION AND DESTRUCTION OF RESTORIUM RESIDENT MEDICAL RECORDS
WHEREAS, Boundary County operates an assisted living facility known as the Boundary County Community Restorium, and
WHEREAS, the Boundary County Community Restorium maintains medical records for the residents who reside there, and
WHEREAS, due to lack of storage space, the Restorium is in need to disposing of medical records for residents who have been discharged from the Restorium for a period of at least five (5) years, and
WHEREAS, the minimum period of five (5) years meets and exceeds the number of years required under the Idaho Administrative Procedure Act (IDAPA) 16.03.22, Section 330. 02., pertaining to the number of years records must be preserved, and
NOW THEREFORE BE IT RESOLVED, by Boundary County Commissioners’ adoption of this resolution that medical records pertaining to former Restorium residents, who have been discharged from the Restorium for a period of at least five (5) years, can now be disposed of by shredding or a process that does not pose a risk of a Health Insurance Portability and Accountability Act of 1996 (HIPPA) violation.
PASSED AND ADOPTED THIS 10th DAY OF SEPTEMBER, 2019.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Dan R. Dinning, Chairman
s/__________________________
Wally Cossairt, Commissioner
s/__________________________
Walt Kirby, Commissioner
Attest:
s/______________________________
Glenda Poston, Clerk
To the Board of County Commissioners
Recorded as instrument #279122
Commissioner Cossairt moved to sign the City/County Dispatch Agreement for fiscal year 2019-2020. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2019-23. A resolution increasing the Current Expense Fund Commissioners Budget due to receipt of unanticipated grant revenue from an Idaho GEM Grant for a regional sewer feasibility study. Commissioner Kirby second. Motion passed unanimously. Resolution 2019-23 reads as follows:
Resolution 2019–23
INCREASING THE CURRENT EXPENSE FUND COMMISSIONERS BUDGET
DUE TO RECEIPT OF UNANTICIPATED GRANT REVENUE FROM AN
IDAHO GEM GRANT FOR A REGIONAL SEWER FEASIBILITY STUDY
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Current Expense Fund Commissioners Budget for fiscal year 2018-2019, and
WHEREAS, Boundary County was awarded an Idaho Gem Grant from the State of Idaho Department of Commerce for a regional sewer feasibility study, and
WHEREAS, $25,000.00 in unanticipated revenue has been received from the State of Idaho, Department of Commerce for that purpose, and
WHEREAS, the Boundary County Current Expense Fund Commissioners Budget is in need of additional revenue for fiscal year 2018-2019 to pay expenses for the regional sewer feasibility study, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Boundary County Current Expense Fund Revenue Account Number 0001-00-0391-0004 in the amount of $25,000.00 and the Current Expense Fund Commissioners Budget Expense Account Number 01-05-709-00, Grant Match, in the amount of $25,000.00.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Current Expense Fund Revenue Account Number 0001-00-0391-0004 and the Current Expense Fund Commissioners Budget Expense Account Number 01-05-709-00, Grant Match, in the amount of $25,000.00 is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this 10th day of September 2019.
COUNTY OF BOUNDARY
BOARD OF COUNTY 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 #279123
11:00 a.m., County resident Larry DeVore joined the meeting. Mr. DeVore informed Commissioners that he wanted to see if a road off Katka Road had ever been abandoned as he thought it had been abandoned when he bought his property. Mr. DeVore showed Commissioners a record of survey of the road in question and he pointed out where the old Katka Road used to travel. Mr. DeVore said he’s had people look into this matter in the past, but they couldn’t find any documentation about it being abandoned and now the property is in private hands and he put in a new road so a neighbor didn’t have to use the old Katka Road. Chairman Dinning said Commissioners will have Road and Bridge look at this. Commissioners asked Mr. DeVore if the neighbor has legal access over the new road. Mr. DeVore said he put the road in, but he hasn’t’ made it a legal access yet. Mr. DeVore added that it would be good if he didn’t have to provide the access to the three properties nearby.
The meeting with Mr. DeVore ended at 11:08 a.m.
Commissioners tended to administrative duties.
11:30 a.m., 9B Trails Organization members Eric Anderson, Olivia Drake, Scott Bourassa, and Rob Beck joined the meeting.
Mr. Anderson discussed the proposal from Idaho Transportation Department (ITD) for the project area associated with Riverside Park and said it’s about the county getting on board with permission to use the bridge for a trail access point. Chairman Dinning said he wants to talk to the Parks and Recreation Board about this as he doesn’t want to sign up for something and then have 9B Trails no longer exist leaving the Parks and Recreation Board unable to keep up. The concern that it’s possible that 9B Trails will at one point no longer exist and then the responsibility falls on the county. It’s just a discussion that needs to be had and to figure out what this project looks like. It doesn’t take much of a ding and damage to a bridge and then we’re way past a million dollars when doing the bridge work portion of the project. Chairman Dinning said Commissioners have to look at this from the realm of what is the worst case scenario. Mr. Bourassa said the lighting and fencing will be done by separate licensed and insured contractors. Mr. Anderson discussed insurance matters and he said they cannot see a way to get by with a strictly volunteer group and at the same time, you cannot waive the ability for an individual to apply for workers compensation. The fact remains that 9B Trails doesn’t plan on compensating anyone for these matters. If we were to use independent contractors, the entire burden is put on the contractor to have insurance in line to do the work. Chairman Dinning said all we’re doing is discussing the details and ultimately Boundary County will be responsible for the project in the end so how does that look? Mr. Bourassa said his perspective is that maintenance of Riverside Park is quite a bit different than maintenance would be for the Section 16 project. There are already people who will take on maintenance for their lifetime…basically clearing logs. Chairman Dinning said using information, if someone gets severely injured, the county is the entity that is named in a negligent lawsuit and has to expend funds to defend itself. It sounds simple in that it’s just a trail, but what if someone can’t get up there and something happens. Commissioners were asked if there are other county trails and Chairman Dinning said not that he’s aware of. Chairman Dinning commented that he’s not saying this project is a bad thing, but we need to look at this. Mr. Anderson briefly discussed a recreation or trail fiduciary, such as if 9B Trails has someone who will take care of Section 16. Mr. Anderson said he’s thinking of a trail maintenance person who would sign a contract stating they’re the person who could take care of the trails for certain dates and there would be a succession agreement without a huge expenditure on the county’s behalf or that 9B Trails would dissolve. Mr. Bourassa said it’s a good concept, but he disagrees with it. Brush Lake is maintained by the Forest Service. Chairman Dinning said as it sits today, the trails would probably function just fine, but what about the future and he added that he hates thinking that way about the county and that is why he wants to talk to the Parks and Recreation Board about this.
Mr. Beck asked if Commissioners think that 9B Trails is not going to be there as he plans on being here. Mr. Anderson said he’s confident that this will get worked out, but not within a time line that people would like.
Ms. Drake spoke of the hospital being interested in having the trail so they could reroute their fun run event. Mr. Beck questioned if it would beneficial to have fundraisers for various trail maintenance and the funds could be turned over to the Parks and Recreation Department. Mr. Bourassa said as non-profit, they have grant opportunities.
Chairman Dinning questioned what is needed for the Riverside Park project. Mr. Anderson said ITD would need a letter of intent. Chairman Dinning said it’s easy to say it’s a great idea and the county will back it. Commissioners need to make sure everyone is on board. Ms. Drake asked if it would be helpful for 9B Trails to attend a Parks and Recreation Board meeting. Chairman Dinning said that would be fine and it’s an open meeting. Chairman Dinning said he would be talking about general liability and future maintenance at the meeting. If 9B Trails fails to exist at one point in the future, Boundary County could choose not to continue the agreements. Chairman Dinning said 9B Trails will continue down the road of looking into liability insurance so that layer of protection exists. Mr. Anderson said he comes back to workers compensation as it pertains to information from the Industrial Commission pertaining to volunteers. Chairman Dinning said if 9B Trails is a corporation with insurance, the county has a requirement to seek proof of liability insurance and workers compensation according to the county’s policy. Mr. Anderson said this matter is what came up with workers compensation and it just doesn’t apply for a corporation with no paid employees. Mr. Anderson spoke of cases regarding workers compensation. Chairman Dinning said the county gets varying interpretation on workers compensation. Mr. Anderson said as he understands, the county is free in any contractual arrangement to require whatever it needs. Mr. Anderson added that 9B Trails doesn’t fall under that contractual obligations for workers compensation as they don’t have paid employees. Paid contractors need to come with those protections. Chairman Dinning asked Mr. Anderson if he had spoken to County Civil Attorney Tevis Hull. Mr. Anderson said he would like to if Commissioners are okay with that. Chairman Dinning said to please don’t think that Commissioners are not appreciative of what 9B Trails want to do.
Mr. Anderson said if 9B Trails enters into contracts for the various project locations, would the county feel better if 9B Trails has liability insurance. Chairman Dinning said yes as then the county can enter into an agreement. With liability insurance, the county can say you will indemnify or include us in that policy. Mr. Bourassa said for clarification that Commissioners would feel better taking action sooner if 9B Trails had insurance. Chairman Dinning said yes, and he added that each governing board can choose to do something different and this is what the county is choosing to adopt. Mr. Bourassa mentioned Bonner County having the same risk manager and Chairman Dinning said Bonner County actually doesn’t have ICRMP now as they have a private commercial company.
Mr. Bourassa said there is a lease the county has with IDL for grooming and he asked how that agreement works and if it can be duplicated. Chairman Dinning said that is with Bonner County groomer and they come to Boundary County to groom trails here. Mr. Bourassa said out of many trails, Section 16 is one of a kind and he described activities that would fit this site. This project has everything that can be offered in the county for one spot. The golf course has tried cross country, but it doesn’t work. Section 16 is so unique that a five year old can even ride their bike there. Mr. Bourassa said there is a member of the Sandpoint Nordic Club who is offering his time and equipment to groom Section 16 this winter. The word is out there and 9B Trails is ready to move forward.
The meeting ended at 12:10 p.m.
There being no further business, the meeting adjourned at 12:10 p.m.
____________________________________
DAN R. DINNING, Chairman
Attest:
________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk