Commissioners' Meeting Minutes - Week of August 24, 2020

***Monday, August 24, 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 provided. Nelson Mast joined the meeting on behalf of property owner Dayton Skrivseth.

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

Commissioners addressed the matter regarding property owner Dayton Skrivseth in regard to a variance for a driveway approach permit. Ms. Nelson said she’s waiting for the verbiage to be changed in the county’s Road Standards Ordinance to allow for the variance process and this matter is currently in the hands of the county’s civil attorney. Ms. Nelson reiterated that Road and Bridge can’t issue an address or approach permit until the current Road Standards Ordinance is updated to allow for variances and so that Road and Bridge can recommend a variance to Commissioners. A change in the ordinance will have to involve the public hearing process. Ms. Nelson said she emailed Attorney Hull last week to let him know how many applications for these permits are outstanding.

Mr. Mast left the meeting at 9:01 a.m.

9:02 a.m., Commissioners held a bid opening for the Deep Creek Bridge #3 wingwall repair project. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and Matt Hall with HMH Engineering. The bid opening was recorded. Commissioners received six sealed bids.

Bids received are as follows: S&L Underground with a bid of $124,500.00, NNAC Construction with a bid of $124,448.00, J7 Contracting with a bid of $82,000.00, Wink Inc. with a bid of $39,200.00, William Krick with Northwest Grading with a bid of $35,500.00, and CE Kramer Crane & Contracting with a bid of $34,700.00.

Commissioner Kirby moved to give the bid documents to Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and HMH Engineer Matt Hall for the purpose of reviewing them and making a recommendation to Commissioners. Commissioner Cossairt second. Motion passed unanimously.

The bid opening ended temporarily at 9:10 a.m.

Ms. Nelson and Mr. Morris provided their department report and discussed the concurrence letter for the Riverside Road Improvement Project. Ms. Nelson mentioned that she has some questions about the process. Commissioners said they would sign the letter and Ms. Nelson could hold onto it until she gets her questions answered.

Commissioner Kirby moved to sign the Idaho Boundary 5806(1) Riverside Road Improvements Partner Concurrence letter. Commissioner Cossairt second. Motion passed unanimously.

Commissioners asked the status of the Queens View Road matter and it was said that Attorney Hull is in the process of reviewing the deed for this road prior to recording the document.

Commissioners discussed quotes from Boundary Electric as it relates to getting more power to the Courthouse.

Commissioner Kirby moved to accept Boundary Electric’s quote, Estimate #19-986, totaling $1,548.91 to get 220 power to the Courthouse for court purposes. Commissioner Cossairt second. Motion passed unanimously.

Chairman Dinning listed all tasks associated with this project and he said Matt Hodges with Computer Arts has a new server coming, but it’s still a couple weeks out and then it needs to get set up.

Commissioner Cossairt moved to approve Boundary Electric’s Quote, Estimate #19-982, totaling $622.77 to get more power to the Courthouse server room. Commissioner Kirby second. Motion passed unanimously.

Commissioners discussed the cost of $540.00 to get an upgraded version of FileMaker Pro for the Planning and Zoning Office.

Ms. Nelson informed Commissioners about a matter regarding lack of distance between driveway approaches and at this point Commissioners cannot approve a variance as it’s not in the Road Standards Ordinance. Ms. Nelson said she was wondering if there is anything Attorney Hull might be aware of that will allow these approaches.

Ms. Nelson, Mr. Morris and Mr. Hall left the meeting in order to review bids.

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

Chairman Dinning said Commissioners received notice on Friday that Boundary County was awarded grants through the State of Idaho Coronavirus Aid, Relief and Economic Security (CARES) Act Broadband grant so Commissioners need to amend the agenda to make a motion to accept these grant offers as they are time sensitive and notifications need to be sent out. Notice was received that all household related grant applications were approved. Nancy Mabile with Panhandle Area Council and Boundary Economic Development Council Director Dennis Weed will act as the grant administrators and the county will need a memorandum of agreement with the state as well as an agreement with the vendors.

Commissioner Kirby moved to amend the agenda for today at 2:00 p.m. in order to address the State of Idaho CARES Act Broadband grant as it’s a time sensitive matter. Commissioner Cossairt second. Motion passed unanimously.

Commissioners asked Attorney Hull about amending the Road Standards Ordinance to allow for variances. Attorney Hull commented that he needs to meet with Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris tomorrow about this, but Commissioners can go ahead do a notice for public hearing.

Commissioners and Attorney Hull continued their discussion regarding Queen View Road and Attorney Hull said he just needs to finish reviewing the deed.
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; and Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. 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 9:45 a.m. No action was taken.

Commissioners discussed the Public Safety Grant with Attorney Hull. Clerk Poston received the notice regarding eligibility of $1,300,000.00 in tax credits and the county needs to finalize the levy and take the 3% by September 14th. There have been some people who question the criteria for this from the federal government to the state. The county has met all criteria that the state has sent out to be eligible and that is between the state and county. If there are disputes between the federal government and the state, that is not the county’s purview. Attorney Hull said he knows of no court decision at this point that would prohibit the county from following through with the grant and he added that he’s aware that Bonner County has joined in the lawsuit suing for declaratory judgment action as to whether it’s the authority of the federal government to extend that money to the states for purposes of distribution. Chairman Dinning said for Boundary County it might be prudent to get that letter.

The call to Attorney Hull ended at 9:51 a.m.

Commissioner Cossairt moved to sign Certificates of Residency for Kieley Little, Sierra Petesch, Jaycee Atkins, Liliana Brinkman, and Kathryn Breneman. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes of July 6 & 7, 2020. Commissioner Cossairt second. Motion passed unanimously.

Chairman Dinning informed Commissioners that last week he signed the City of Bonners Ferry Application for Commercial Utility Service for the Boundary County Airport snow removal equipment building.

Commissioners received a request for reimbursement and invoice summaries for airport improvement projects.

Commissioner Cossairt moved to authorize the Chairman to sign the Federal Aviation Administration Request for Reimbursement #3 in the amount of $24,093.73 and the Invoice Summary for Airport Improvement Project 3-16-0004-017-2020 for the environmental study (Phase II, Environmental Assessment). Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign the Federal Aviation Administration Request for Reimbursement #1 in the amount of $4,813.40 and the Invoice Summary for Airport Improvement Project 3-16-0004-018-2020 for the construction of the snow removal equipment building (Phase II – Construction). Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Boundary County FY2021 Indigent Defense Financial Assistance Agreement. Commissioner Kirby second. Motion passed unanimously.

10:14 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris and HMH Engineer Matt Hall returned to the meeting to discuss the bids for the Deep Creek Bridge #3 wingwall repair project.

Ms. Nelson recommended CE Kramer Crane and Contracting as the apparent low bidder. This bid is within 10% of the engineer’s estimate. All bids were reviewed and there are no irregularities in any of them. The bid from CE Kramer and Contracting was $34,700.00 for this wingwall repair.

Commissioner Cossairt moved to accept the bid of $34,700.00 with C.E. Kramer Crane and Contracting for the Deep Creek Bridge #3 wingwall repair project. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Independent Contractor Agreement with C.E. Kramer Crane and Contracting for the Deep Creek Bridge #3 wingwall repair project when it’s prepared. Commissioner Kirby second. Motion passed unanimously.

The bid opening ended at 10:15 a.m.

Mr. Hall, Ms. Nelson and Mr. Morris left the meeting.

Commissioners and Clerk Poston discussed the room where vehicles had been stored at the armory and how this room is now full of various items so it needs to get cleaned out. Clerk Poston asked about putting notice out to departments as there is shelving, desks, light fixtures, etc.

10:18 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, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. The executive session ended at 10:27 a.m. No action was taken.

Commissioners and Clerk Poston left to visit the armory in relation to construction so meetings were recessed until 11:30 a.m.

11:30 a.m., University of Idaho Extension Educators Kate Painter and Amy Robertson joined the meeting to provide an update of Extension Office programs. Ms. Robertson said in the past the Extension Office just provided statewide extension trends, but this year they provided county specific trends. The Extension Office did receive information needed from Clerk Poston in order to draft an updated memorandum of understanding.

Ms. Robertson explained that she had offered the Master Food Safety Advisory course and from April 22nd through June 10th and she took care of all lectures. The participants of the course will graduate in October. Ms. Robertson discussed teaching the food handler’s course at the high school and the test was offered online for certificates so she will probably do that again this year. A finance course had been scheduled for April, but it didn’t occur so it will be planned for again. Ms. Robertson mentioned she has received a lot of questions about canning, which is good as there is a lot of misinformation about canning that is not safe. A suicide prevention course, which is a part of the Idaho Forum project, was offered and she is a certified trainer. Ms. Robertson listed the upcoming classes for this week and the upcoming weeks. 4H business has slowed down a little. Ms. Robertson listed many Zoom meetings. The Extension Office did have an AmeriCorps member, Haley Wenk, help out in the office this summer. Ms. Robertson listed camps and courses offered to include: a modified youth camp, a two day babysitting 101 course, First aid, safety, cooking camp, challenge day, and youth farm tour day at the fairgrounds. Kristi Kellogg brought in a cow, Debbie Youngwirth talked about bees, and people worked with chickens, sheep, and goats; and the master gardener spoke of herbs. Ms. Robertson listed many community sponsorships that helped with these courses and she listed projects Ms. Wenk provided. The Extension Office partnered with the Naples Elementary School to have a part-time AmeriCorps person help with Science, Technology, Engineering and Mathematics (STEM), day camps, etc., and there is a financial stipend and a financial award for that. If the school personnel don’t meet in person, the AmeriCorps representative can do some online programming and create packets to send home with kids. The biggest thing is finding applicants. Ms. Robertson said the Extension Office did get another grant through Equinox and Innovia Foundations for 4H Friday Friends and if the school district closes the schools, this program will also stop. Ms. Robertson said there was a live auction at the fair, which was also broadcast live. The Restorium had six hogs donated to them and the residents were able to see who donated. The sale earned a little more than $312,000.00, which might be the biggest sale the program has had.

Ms. Painter spoke of seed savings and the seed exchange source. Ms. Painter listed a course involving starting your own plants from seeds. The seed bank was taken to the farmer’s market and hundreds of seeds were given away since there has been a shortage. The Master Gardeners course was almost completed when COVID-19 hit so the course was offered via Zoom for those who could participate. Courses have been held at the Kootenai River Inn due to the demand. A root cellar class was held last week at a cost of $50.00 for a half day. The Kootenai River Inn screens everyone who comes in and they have a large room so it works very well. Soil sampling tests were done via Zoom, but it didn’t work as well. Gardening and container garden courses were also offered via Zoom. Other discussions and courses included the rural living 101, 10 acres and a dream, and edible landscaping course. Ms. Painter said she will start holding courses in the classroom when they open back up, but the Kootenai River Inn has been very accommodating.

Ms. Painter said she works at the farmer’s market and would take the program online in relation to COVID-19 since a lot of markets in state are doing this. Ms. Painter explained that she would have a hand washing station and hand sanitizer, etc., for people when they come to pick up their order. Ms. Painter said her producers said their sales are about one-third of normal. This online farmer’s market was formed out of a working group and she’s trying to find a drop site for orders. Ms. Painter said she has a little canopy to place at the west side of Extension Office on Wednesdays so farmers can drop orders off. The orders are prepaid so she would not be doing any transactions. The person fills out their order and pays via PayPal, then the order comes in and the buyer is notified via email. The plan is to start this program in September. Ms. Painter said there won’t be a holiday market so this will help with fall holiday craft events. Ms. Painter said she will be able to be at work while doing this online market and she will see how it’s going as it’s a pilot program. Clerk Poston said she was just thinking about the weather.

Chairman Dinning said in July Commissioners had applied for a broadband grant to provide 25 megabytes to homes in the county. Applications for 13 projects were submitted with 12 of them being for homes and all 12 grant applications for the homes were approved. Chairman Dinning listed the areas of coverage and he said this should help with online computer needs, including schools.

Ms. Robertson explained that on Mondays and Tuesdays she will be working a bit from home due to the school schedule.

Commissioners recessed for lunch at noon.

1:30 p.m., 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., Solid Waste Department Superintendent Claine Skeen 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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. The executive session ended at 1:38 p.m. No action was taken.

Commissioners asked Mr. Skeen to leave the dumpsters at the annex where they currently are. It was said that once the county gets more roll off containers, the monitored sites could be opened longer again. Mr. Skeen said there is still one vacancy to fill at the Paradise Valley site.

The meeting with Mr. Skeen ended at 1:41 p.m.

Ms. Barton said she recently received a download from Computer Arts regarding new payroll codes for COVID-19. There are some regulations on the expansion of the Family Medical Leave Act (FMLA) and COVID-19 related leave that employees can apply for. The Courthouse has a few employees who may qualify due to having school aged kids. Clerk Poston questioned if employees have to first use their accrued sick leave or any accrued time they have before using FMLA.

Ms. Barton left the meeting at 1:47 p.m.

1:47 p.m., Boundary Economic Development Director Dennis Weed and Kevin Lederhos with EL Internet Northwest joined the meeting for Commissioners’ conference call regarding the award of funding for broadband projects. Participating in the meeting via conference call were: Eric Lederhos with EL Internet Northwest, Panhandle Area Council Grant Administrator Nancy Mabile, and Mike Kennedy and Pat Whalen with Intermax Networks.

Commissioners said all residential applications are funded so now they want to make sure to follow the next steps. An agreement should be coming from the state for Commissioners to sign and they’re looking to see if there is already a format for an agreement for the service providers. Kevin Lederhos said in early discussions there was the emergency declaration and related expenditures. Intermax said the program would fit under the declaration for procurement and Mr. Kenney added that would be for the county civil attorney to decide. It was said the Notice of Procurement was published in the newspaper. Initially it was for conditional use permitting for towers, etc. All of this is based on County Civil Attorney Tevis Hull. Mr. Weed said he spoke to the city attorney who had been talking to other attorneys across Idaho on there being differing opinions on that. Chairman Dinning asked if there is anything to discuss at the county end. Ms. Mabile asked if the advertisement of affidavit was available for the Notice of Procurement. Each contractor congratulated the other.

The call to discuss the State of Idaho Coronavirus Aid, Relief, and Economic Security (CARES) Act Broadband Grant ended at 2:09 p.m.

Commissioners briefly clarified matters for Mr. Weed and Mr. Lederhos.

Mr. Lederhos and Mr. Weed left the meeting at 2:15 p.m.

Commissioners tended to administrative duties.

2:45 p.m., Sheriff Dave Kramer joined the meeting.

2:50 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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. The executive session ended at 3:00 p.m. No action was taken.

3:00 p.m., Sheriff Kramer left the meeting.

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

***Tuesday, August 25, 2020, at 1:30 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.

County Civil Attorney Tevis Hull and Claire Marley with Ruen-Yeager 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; and Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.

Ms. Marley left the meeting at 2:15 p.m.

The executive session ended at 2:30 p.m. No action was taken.

Attorney Hull left the meeting.

2:40 p.m., Waterways Board Chairman Darron Branson joined the meeting.

Mr. Branson informed Commissioners that there have been quite a few complaints received regarding parking at the waterways boat launch area as it’s getting quite a bit of use and he questioned if Commissioners could consider an ordinance regarding parking for just that site. Currently there are signs about parking, but people keep moving them so there is nothing you can do as far as issuing citations, etc. Pickups and trailers are mainly the issue. The Sheriff’s Office Marine 1 boat is stored there so this area is also needed as a possible launch site at any given time. There needs to be the ability to get Marine 1 and Marine 2 out for safety when needed. Chairman Dinning made a suggestion to get signs stating that trailers are to be parked in the parking lot across the street from the launch. Mr. Branson replied that they have those signs, but no one pays attention and they also have sandwich board signs, but those also get moved. Mr. Branson said he has pictures showing vehicles blocking the area and he has an ordinance from Bonner County that could be modified for Boundary County. Chairman Dinning briefly referred to the sample ordinance. Chairman Dinning added a comment about not allowing vehicles with trailers to park on the north side of Riverside Road.

Mr. Branson discussed wanting to apply for a grant to move and improve the dock at the Deep Creek boat launch. Chairman Dinning suggested Mr. Branson or the Waterways Board contact the Kootenai Tribe about this as they could be a big help. Mr. Branson informed Commissioners that a new dock is needed at the Porthill launch and he discussed wanting to move that dock well. Work has been done at the Deep Creek and Waterways sites this year. The Marine 2 boat will be parked in the waterways building and there are funds for improvements there.

It was said that Lakeland Restoration is trying to get Robinson Lake added to their list to help clear weeds from the lake. Mr. Branson briefly mentioned the Department of Fish and Game being involved in this. Robinson Lake has been surveyed and it’s known where weed clusters are located. Mr. Branson spoke of chemical removal versus mechanical removal of weeds. Chairman Dinning suggested Mr. Branson contact Chip Corsi with the Idaho Department of Fish and Game and he added that it would also be good to get support from local sportsman clubs.

The meeting with Mr. Branson ended at 3:04 p.m.

There being no further business, the meeting adjourned at 3:04 p.m.

________________________________________
DAN R. DINNING, Chairman
ATTEST:

____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Thursday, September 10, 2020 - 16:30
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