***Monday, August 15, 2016, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give his departmental report. Mr. Kimball presented a written report.
Commissioner Kirby moved to amend the agenda for 11:20 a.m., in order to sign the original plat map for Black Eagle Estates as it is time sensitive. Commissioner Pinkerton second. Motion passed unanimously.
Mr. Kimball spoke of the Morter residence as it pertains to a gate that has been put up across the bridge at the mouth of Cannon Creek and at Kerr Lake. Mr. Kimball said his thought is that the North Idaho areas seem to attract four wheelers, etc., so his suggestion would be to try portable netting for Mr. Morter’s cattle and see if that works. Mr. Kimball said he will work with the property owner on an alternative to using wire for fencing. Chairman Dinning asked if there is a caution sign that could be put up. Commissioner Kirby said if the county puts up a caution sign, it could possibly be litigious. If the county starts making suggestions, it lends a hand in the liability. It was said the county could ask Mr. Morter for other options to try. Mr. Kimball said he cannot authorize putting up a wire across a county road.
Mr. Kimball referred to his department report and said chipsealing is going well and it is good production.
Mr. Kimball suggested a brush up course on Title VI matters involving quotes and bid offers. It was said that topic will be discussed at the upcoming elected officials/department heads meeting.
Chairman Dinning informed Mr. Kimball that Commissioners did not budget for a new excavator for the Solid Waste Department and he asked Mr. Kimball if he had talked to Solid Waste Department Superintendent Claine Skeen about use of the Road and Bridge excavator. Mr. Kimball said he spoken with Mr. Skeen and he had not been aware of the magnitude of work Mr. Skeen had mentioned he would need. Mr. Kimball added that Mr. Skeen had wanted an asset if he is going to spend money and he doesn’t want to pay for use. Mr. Kimball said he would also prefer to have his own Road and Bridge operator operate the excavator. Mr. Skeen needs the excavator 1,000 hours per year to accomplish what he wants, according to Mr. Kimball. Mr. Kimball said his suggestion would be to encourage Mr. Skeen to rent a machine for one month to see how much use it actually gets. Commissioners will schedule a meeting with Mr. Skeen to gain a better understanding of what use the excavator will get.
9:30 a.m., Commissioners spoke to County Civil Attorney Tevis Hull via telephone.
Attorney Hull clarified matters pertaining to both the Kevin and Amanda Merrifield, and Walter Merrifield contract for properties. Attorney Hull explained what information he needed for the contract with Kevin and Amanda Merrifield, which is just a more detailed legal description. Attorney Hull asked for copy of the deeds for this information.
Chairman Dinning asked about county properties that had been tax deeded many years ago and he questioned how the Treasurer can set a minimum value on a property as the county cannot determine the taxes between the 1940’s to present. Attorney Hull suggested having the properties appraised.
Attorney Hull said he checked with Clerk Poston about the hospital’s levy to make sure Prosecutor Jack Douglas had approved the ballot language and he has so that matter has been taken care of.
Attorney Hull said he is still working on the contract with Boundary Ambulance as well as the contract for jail medical services for inmates at the county jail.
Attorney Hull explained his review of the Findings and Decision for the Wild Horse Canyon Subdivision so the document is ready for signature.
Commissioners said they had received the grant offer and audit certification from the Federal Aviation Administration pertaining to the airport improvement project to update the Master Plan. Attorney Hull said he has reviewed the documentation and he approves it for signature.
The call to Attorney Hull ended at 9:40 a.m.
9:42 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:50 a.m. No action was taken.
Mr. Kimball left the meeting at 9:53 a.m.
9:56 a.m., Treasurer Sue Larson joined the meeting to ask Commissioners about delinquent Cabinet Mountains Water District fees on the property Walter Merrifield is to buy back from the county.
Treasurer Larson said she is still looking into the matter of sending excess tax deed funds to an unclaimed property account and it depends on County Civil Attorney Tevis Hull’s recommendation.
Treasurer Larson left the meeting at 10:00 a.m.
Deputy Clerk Nancy Ryals joined the meeting 10:00 a.m.
Commissioner Kirby moved to go into closed session pursuant to Idaho code 31-874. Commissioner Pinkerton second. Motion passed unanimously. 10:10 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Pinkerton moved to sign the letter to the Catastrophic Health Care Cost Board regarding the proposed settlement of indigent case 2008-31. Commissioner Kirby second. Motion passed unanimously.
10:10 a.m., Boundary Ambulance Chief Jeff Lindsey, Medical Director Dr. Stu Willis, and Board member Nancy Russell joined the meeting.
Deputy Clerk Ryals left the meeting at 10:11 a.m.
10:11 a.m., Commissioner Pinkerton moved to recess as the Board of Boundary County Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Kirby second. Motion passed unanimously.
Chairman Dinning informed those present that County Civil Attorney Tevis Hull is working on the finishing touches for the new contract.
Chairman Dinning said the county is in the process of reviewing the draft lease for the armory building, but Commissioners don’t yet have an idea of how they plan to use this building. Chief Lindsey questioned if Commissioners are still on the same page for constructing a new ambulance facility on that same property. Clerk Poston mentioned a firm she had heard of that constructs modular buildings that meet the building codes for the City of Bonners Ferry and she suggested Chief Lindsey speak to county employee Dave Wenk about the details of that type of building.
Commissioner Kirby moved to approve the minutes of the Boundary County Ambulance Service District Governing Board for the meeting held on July 18, 2016. Commissioner Pinkerton second. Motion passed unanimously.
Mr. Lindsey said Boundary Ambulance continues moving along and trying to do good work. Chief Lindsey informed Commissioners that Boundary Ambulance’s social media outlets have been updated and revamped.
The meeting of the Boundary County Ambulance Service District Governing Board ended at 10:15 a.m.
Commissioner Pinkerton moved to adjourn as the Boundary County Ambulance Service District Governing Board and reconvene as the Boundary County Board of Commissioners. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to sign the Certificates or Residency for Alexandria LeVesque, Melody Carlino, Austin Merrill, Kelsey Shutes, Lacey Evans, Terri Bachot, Ashley Garner, Tessa Payne, Arthur Clark, and Jesse Olsen. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to sign the Amended Findings and Decision for Planning and Zoning Application #16-089, for Wild Horse Canyon Subdivision by Max Schnuerle and Phil Schnuerle. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to adopt Resolution 2016-21. A resolution adopting the Solid Waste Fee Schedule for fiscal year 2016-2017. Commissioner Kirby second. Motion passed unanimously. Resolution 2016-21 reads as follows:
RESOLUTION 2016-21
ADOPTING A SOLID WASTE FEE SCHEDULE
WHEREAS, it is the duty of the Board of County Commissioners to maintain and operate solid waste disposal systems, and
WHEREAS, Section 31-4404, Idaho Code, authorizes the Board of Boundary County Commissioners to collect fees for the purpose of providing funds to operate and maintain solid waste disposal systems, and
WHEREAS, all households, businesses, farms and professional practices should be equitably charged solid waste fees proportional to the amount of solid waste generated,
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, are not required to hold a public hearing to receive public comment on a proposal to increase solid waste fees if the increase less than (5%), and
WHEREAS, the last solid waste fee increase was initiated for fiscal year 2015-2016 and the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase solid waste fees by an amount of 4% for the 2016-2017 fiscal year to help fund the cost of operating the Solid Waste Department, and
WHEREAS, the following schedule is an estimate of what this change may mean to a Boundary County user, and
NOW, THEREFORE, on motion duly made, seconded, and unanimously carried,
IT IS RESOLVED that the Boundary County Board of Commissioners do hereby set and establish solid waste collection fees in accordance with the fee schedule attached hereto and by this reference incorporated herein.
DATED AND DONE this 15th day of August, 2016.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/___________________________
Dan R. Dinning, Chairman
s/___________________________
LeAlan L. Pinkerton, Commissioner
s/___________________________
ATTEST: Walt Kirby, Commissioner
s/___________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #268064
SCHEDULE OF SOLID WASTE FEES - Fiscal Year 2016-2017
The County of Boundary has proposed to increase its solid waste fees by an amount of 4 percent of the solid waste fees collected the previous year. The purpose of the increase is to fund the operation costs, disposal of wood/tire waste, scale system, recycling and site engineering for the Solid Waste Department. The last solid waste increase was in the 2015-2016 budget. The following schedule is an estimate of what this change may mean to a Boundary County user:
CODE *CYY FROM TO
A 12 Residential, Bonners Ferry $ 98.04 $ 102.00
B 12 Residential, outside Bonners Ferry $ 117.00 $ 121.80
D 12 Service Business, Professional $ 117.00 $ 121.80
Practices & Farm Shops
E 24 Logging Contractors, Building $ 234.00 $ 243.60
F 38 Trades, Manufacturing Machine Shops $ 370.50 $ 385.70
G 38 Retail Stores, Restaurants, Bars $ 370.50 $ 385.70
H 72 Nurseries, Newspapers, Greenhouse $ 702.00 $ 730.80
I 125 Chemical Applicators, Commercial $ 1218.74 $ 1268.76 Grain & Seed Elevators, Garages and
Gas Stations
J 24 Lumber Mills $ 234.00 $ 243.60
K 135 $ 1316.24 $ 1370.26
L 75 Grocery Stores & Convenience $ 731.24 $ 761.26
M 150 Stores, and Special Categories $ 1462.50 $ 1522.50
N 450 $ 4387.50 $ 4567.50
O 4 Residential B Motels: Each Unit $ 39.00 $ 40.60
P 1.2 Residential B RV Parks: Each Unit $ 11.70 $ 12.18
Per CYY
Light Demolition Compactable Debris brought to the landfill $ 8.00 $ 8.32
Heavy Demolition Non-Compactable, brought to the landfill $ 24.00 $ 24.96
Construction Debris brought to the landfill $ 8.00 $ 8.32
Animal Carcasses over 100 pounds (per carcass) $ 24.00 $ 24.96
Commercial Disposal Charge: Brush/Lawn Waste, Separated Lumber, Wood Chips - $6.24/cu yd
Clean Stumps under six inches (at face): $10.40/cu yd: Over six inches (at face): $20.80/cu yd
**CYY means cubic yards per year. The budgeted cost per CYY for landfill would go from $8.17 to $8.50 and per CYY for total landfill and collection costs would go from $9.75 to $10.15.
Chairman Dinning discussed the matter regarding the media reports about local horses dying due to the West Nile Virus so he contacted Phil Allegretti, who is employed by the county to set mosquito traps out each year to have them checked for the West Nile Virus. Chairman Dinning said there is one confirmed case of West Nile Virus affecting a horse and testing of another horse is ongoing. The matter of a third horse is in suspension. The areas where these horses came from were Porthill, Cow Creek, and Meadow Creek. Chairman Dinning said Mr. Allegretti said he had tested 26 pools this year in the same areas as the year before and there was no evidence of West Nile Virus in Boundary County since year 2014. Mr. Allegretti mentioned that he is catching the least amount of mosquitoes this year that he has ever caught. The largest pool of mosquitoes this year was 50. Chairman Dinning said that is really the entire situation and Mr. Allegretti had informed him that he will put more traps out in the affected area.
Commissioner Pinkerton moved to authorize the Chairman to sign the Grant Adjustment Notice (GAN) for the Idaho Office of Emergency Management 2016 Subrecipient Agreement and the Memorandum of Understanding for the 2016 State Homeland Security Grant Program. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby moved to authorize the Chairman to sign the Federal Aviation Administration Grant Offer for Airport Improvement Project No. 3-16-0004-014-2016 for the Master Plan Update. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “nay”, and Commissioner Kirby “aye”. Motion passed.
Commissioner Kirby moved to decline the insurance offer for terrorism coverage as presented by Idaho Counties Risk Management Program. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Pinkerton moved to authorize the Chairman to sign the Contract for Pre-Commercial Thinning Activities for the Lower Kootenai River Watershed Restoration Project for Hester Forest Management. Commissioner Kirby second. Motion passed unanimously.
11:17 a.m., John Marquette with JRS Surveying joined the meeting in order for Commissioners to sign the plat for Black Eagle Estates.
11:18 a.m., Chairman Dinning left the meeting temporarily due to a conflict of interest pertaining to Black Eagle Estates.
Commissioner Pinkerton moved to appoint Commissioner Walt Kirby Acting Chairman in the temporary absence of Chairman Dan Dinning. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to sign the original plat map for Black Eagle Estates as presented by JRS Surveying. Acting Chairman Kirby second. Motion passed unanimously.
Mr. Marquette left the meeting at 11:21 a.m.
Chairman Dinning returned to the meeting.
Commissioners tended to administrative duties.
11:30 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Pam Barton joined the meeting. Chief Deputy Clerk Tracie Isaac also joined the meeting.
Commissioners spoke to Ms. Magee about positions she is looking to fill at the Restorium. Ms. Magee said having a licensed registered nurse (RN) on call for the Restorium is a requirement and the nurse in this position must be available to respond 24 hours per day, seven days per week. Ms. Magee said her other option includes a licensed practical nurse (LPN), which does not alleviate having to have an RN on call 24/7. The issue now is the nurses have to be on call 24/7 and they feel they are not being compensated for that time. Ms. Magee explained that the RN is paid starting two hours prior to receiving a call. Those present discussed the rate of pay for this position. It was said the budget for the current’s RN position is $37,950. Chairman Dinning said there is always an RN on shift at the hospital, and he questioned the possibility of the Restorium entering into a contract with Boundary Community Hospital for that coverage and just pay a flat fee. Chairman Dinning asked how many hours the RN works. Ms. Magee said 28 hours per week including phone calls. The nurse is at the facility approximately four to six hours per week for phone calls and the rest of the time is spent conducting monthly patient assessments and in addition, the nurse comes in as the need arises. The nurses conduct a full monthly assessment for each resident, which takes more than an eight hour day.
Ms. Magee said she listed a second proposal pertaining to a licensed practical nurse (LPN) as an LPN can do a lot of the leg work that the RN can approve and sign off on. Chairman Dinning asked if an RN can sign off on an assessment without seeing a patient. Ms. Magee said yes, if you have an RN who trusts and works well with an LPN.
Chairman Dinning said he doesn’t see why the Restorium would consider not renewing the nurse’s license and he doesn’t see why the county couldn’t partner with the hospital or another facility. This will always be an issue for the Restorium, according to Chairman Dinning. Ms. Magee agreed and said it really is asking a lot from the nurses. Those present continued their discussion about sharing nurses and Ms. Magee said she is aware of another senior living facility having this same issue.
Commissioner Kirby left the meeting to tend to other duties.
Those present discussed possible reassignments of duties at the Restorium. Chairman Dinning said it is a priority to have an RN at the Restorium at this point, but then Commissioners can work to find an alternative. Commissioners said we need to find out if Sunset Homes Assisted Living’s RN will work with the Restorium and if not, maybe the hospital would.
Commissioner Pinkerton asked the status of getting Assistant Administrator Pam Barton certified as administrator. Ms. Magee said Ms. Barton would need to take a course to pass medications and work with a nurse. Commissioner Pinkerton said we need to get that process started and he mentioned that it is important to have a backup as things can change and people retire.
Chairman Dinning informed Ms. Magee that Attorney Hull is working on the inconsistencies found in the Restorium Admissions Agreement.
The meeting with Ms. Magee and Ms. Barton ended at noon.
Commissioners tended to administrative duties.
12:14 p.m., the meetings recessed until the special meeting to be held on Wednesday, August 17, 2016 at 11:00 a.m.
***Wednesday, August 17, 2016, at 11:00 a.m., Commissioners met in special session for the purpose of meeting with Kimberly Simmons, Executive Director for the Idaho State Public Defense Commission, for introductions and to discuss general Idaho public defense matters to include the public defense grant.
Present were Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Head Court Clerk Della Armstrong, and Blue Sky Broadcasting Reporter Mike Brown.
Ms. Simmons explained that she is administrator for the Idaho State Public Defense Commission and she further explained the makeup of the seven member commission. State statutes instruct that the Public Defense Commission needs to create standards and rules so the Commission will work on that in sections and these will be the standards for Idaho.
Ms. Simmons informed Commissioners the Public Defense Commission is in the process of reviewing the Public Defense grant applications received and they should reach a decision at the next meeting to be held in September 2016. The letters that will be sent to each county pertaining to the grant award will also include a recommendation to each county pertaining to ideas for use of funds. Chairman Dinning asked if the funds can be used for salaries. Ms. Simmons said yes. Chairman Dinning asked if compensation for public defense increases, will that increase continue to be funded through the grant application or will it default to the county in future years. Ms. Simmons said this grant program is funded through fiscal year 2019 and she listed the amount of funds set aside for various categories. The total amount funded is $4,200,000, which will be enough, but the Public Defense Commission will still look to see if $25,000 per county is enough. The program is funded through fiscal year 2019, but that is not a sunset clause. Ms. Simmons said calling this program a grant is a poor choice of term as funding does not dry up. This is funding that is supposed to be there indefinitely as we need to improve and then maintain the public defense system. There will have to be compliance, but there are also guidelines, according to Ms. Simmons. Chairman Dinning asked about standards and caseloads. Ms. Simmons explained the process of tracking caseloads, and she said if a particular case takes more than 60 hours, it will be compensated for differently, but caseload language standards will be stated in the legislation.
Ms. Simmons said the next year’s grant application process will be similar, but the applications will be due May 1st instead of August 1st and a decision could be reached as early as July. There won’t be additional standards to comply with as what standards are set this year won’t be in effect until year 2018.
Ms. Simmons and Commissioners discussed annual reporting and how to enforce it. Ms. Simmons said if a public defender didn’t submit their annual report, it would be unfair to punish the county by not providing them grant money. If public defenders are not turning in their reports, county commissioners can tell them the county will need to find another public defender who will submit their reports. Ms. Simmons said the Public Defense Commission will have to look into that issue and come up with a creative way to get the annual reports submitted. Ms. Simmons explained that once a county has willfully not complied, a letter will be sent, a meeting with that county will be held followed by mediation, and if those steps don’t work, the Public Defense Commission steps in to correct the issues and then bill the county for that work. Commissioner Pinkerton informed Ms. Simmons that Boundary County has a small pool of public defenders to choose from as it pertains to having to find another public defender.
Ms. Simmons said annual reports are due in November and she spoke of updating the reporting form. Ms. Williams said she imagines the standard to be enforced for reporting will be set in November of year 2017 and if that is when they are set, compliance would need to done by March of year 2018. Chairman Dinning said Commissioners recognize Section II of the draft Standards of Defending Attorneys and he explained that Boundary County has a meeting room for attorneys to meet in that is appropriate. Ms. Simmons said as long as the public defenders feel the room is sufficient and confidential, the county is probably covered.
Ms. Williams said training, grants, administrative rules, oversight, and enforcement are sections the Public Defense Commission will address as the process moves forward, but the focus will be on principles this time around. Ms. Williams said Sections III, V, VI, and VIII will be addressed. Section III addresses a public defender’s caseload and caseload standards as opposed to workload study. Chairman Dinning said if an attorney exceeds the standard, will the county need to contract with another public defender in order to come into compliance. Ms. Simmons said yes. Those present reviewed Section III, Subsection B pertaining to setting yearly limits to certain types of cases for a public defender. Ms. Williams pointed out this section states the term “should” instead of “shall” so it is more of a guideline in these first round of standards. Chairman Dinning said there could be a situation in which there are more caseloads one year and in the next year there are less so it may be more accurate to average them. Ms. Simmons said if a limit of 150 felony cases are set per year, it should be proportional throughout the year. Ms. Simmons added that she doesn’t think the county will be out of compliance if a public defender does have 150 felonies in a year and the county can provide an explanation as to why that number is high. Ms. Simmons said this section also addresses attorneys who handle mixed caseloads and private caseloads, such as what percentage is private versus public.
Sections V and VIII are related to each other in that they address performance standards and discuss having the right attorneys handling the more complex cases. The standards will require seven hours of legal education training courses in matters pertaining to public defense, juveniles, public defender summits, etc.
Ms. Simmons said having a public defender available for initial appearances will be what affects Boundary County. It is important for those in custody to have a public defender so they can make a bond argument. This standard will be written that physical appearances are not required. Ms. Armstrong and Commissioners spoke of what video connections the Boundary County Courthouse has available.
Chairman Dinning said he doesn’t think Boundary County is out of compliance at this point, and it seems we will be able to comply. Ms. Simmons said she will let the county’s public defenders know how to report a case as pursuant to the Idaho Supreme Court, it is per case and not per charge. Ms. Simmons explained that vertical representation is having an assigned public defender take a case all the way to the end and she said that probably won’t affect Boundary County.
The proposed standards will be published on September 2, 2017, the changes will be entered, and there will be another period for public comments followed by public hearings for more comment. The final draft will be submitted in November for approval by the legislature. Chairman Dinning said he would like to comment now on the different formats the annual reports are in so that these reports can be made in the same format in the future. Commissioner Pinkerton asked that a comment be noted that the public defenders’ reports need to be timely and that the public defenders need to be held accountable for these reports.
Ms. Simmons said there are enough funds to cover the requests totaling $3,600,000, but the requests are increasing. Chairman Dinning said when using language in the grant applications of a percentage or $25,000, smaller counties should be eligible for more funds and he added that Boundary County’s budget would be used up immediately if Commissioners had to hire another public defender.
Chairman Dinning commented that holding webinars is beneficial in relaying the new information.
The meeting with Ms. Simmons ended at 12:04 p.m.
There being no further business, the meeting adjourned at 12:04 p.m.
_________________________________________
DAN R. DINNING, Chairman
Attest:
________________________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk