***Monday, August 29, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, 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 Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided and Mr. Morris reviewed work listed in the report. The generator for Road and Bridge was not working last week so that is being looked into. The pit is getting cleaned up, and Road and Bridge is still working on chip sealing. Chairman Dinning said for some reason the larger chips that are being used are causing drivers to slow down.
Ms. Nelson said the Boundary Area Transportation Team (BATT) had their meeting on Tuesday and following was the meeting with Alta Forest Products and the Idaho Transportation Department to discuss the railroad siding project. Ms. Nelson commented that she has received more background information on the signal requirements for the county based on the 30% plans.
Ms. Nelson questioned which budget the costs of the Addressing Coordinator’s Eos Arrow GPS unit & accessories are coming out of as they are required for use. County Mapper Olivia Drake and Addressing Coordinator Debra Drager provided what the unit would look like, etc. and they need to get this unit so everything will work together. Some of the existing software won’t be needed for the new unit. The cost is $3,630.00 for new unit/receiver. A tablet or smart phone is required to input the GPS points to the system in real time. Ms. Nelson said she wasn’t sure who was paying these costs and who was coordinating and ordering the equipment. Chairman Dinning said this is addressing, which falls under 911. Ms. Nelson said the government program does have a free phone option available for the county’s plan with a monthly fee. Clerk Poston said the 911 budget needs to re-coop. Ms. Nelson questioned the ability to still get information while the phone is on airplane mode. Chairman Dinning said the county won’t use the 911 budget for payment. Ms. Nelson was permitted to purchase the equipment and phone.
Ms. Nelson said the paperwork for the Skin Creek Bridge Replacement project came in so once she confirms matters with the Local Highway Technical Assistance Council (LHTAC), she will send it to Attorney Hull for review.
Commissioner Cossairt moved to sign the Local Highway Technical Assistance Council Project Agreement with Boundary County for the Skin Creek Bridge Replacement upon approval of the county civil attorney of the final documents. Commissioner Bertling second. Motion passed unanimously.
Ms. Nelson asked to discuss results of the visit by Alicia Ray with the State Insurance Fund. Ms. Nelson said she was thinking of inviting Commissioners to tour the Road and Bridge shop and she could show them what was recommended, such as there should be a separate lunch/break room so crew don’t eat in the shop. Commissioners said they would meet after Road and Bridge is done chip sealing.
Ms. Nelson commented that she had a good meeting with Dennis Weed and the Kootenai Tribe about the travel plaza project. Don Davis with the Kootenai Tribe will go out to bid for design options for the Sunrise Road intersection and signal. In reviewing information with the civil engineer, some things need to be corrected. There are a lot of things to consider and the Idaho Transportation Department (ITD) engineer felt it should be up to the county to decide on things that pertain to the county road.
9:27 a.m., Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.
9:30 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone.
Ms. Nelson presented Commissioners with a large diagram pertaining to the proposed Alta Forest Products (Alta) new railroad crossing on Stagecoach Road. The project page shows the crossing and the entire county road where the crossing is located and Ms. Nelson said she has received clarification. The railroad has two sets of design engineers; one engineer addresses the crossing and the other engineers deal with the signals and safety. Alta has their own engineer who designs the road in conjunction with the engineer for Union Pacific Railroad. The crossing is on a skew because the railroad sits higher than Stage Coach Road so the road will be redesigned to be raised so this will make the road smoother. The Union Pacific Railroad representative explained why one engineer was asking what the county would like for signal crossing in the 30% plans. If there is more than the prewarning signage, painted stop bar, and yield sign, such as electronic signals or arms, who is going to pay for those costs? All of the electrical has to be designed into the plans.
9:33 a.m., Marty Martinez joined the meeting.
Ms. Nelson said there will be an impact study and traffic study to determine what signals are needed. Ms. Nelson said they spoke to an engineer and learned that this will be a privately-owned crossing on a public road. There will be an agreement between the owner of the crossing, which is Alta, and the public entity, which is the county. Alta would maintain the crossing itself, the concrete pads and the 13-foot clear zone from that point. The county would maintain its approach up to the 13-foot clear zone. There are existing agreements so Alta will put together a draft agreement for the county. Chairman Dinning said the county will need to do some studies, but do we need to say yes to go forward? Ms. Nelson said she thinks a motion would suffice. The county’s area of responsibility is 13 feet on each side of the tracks. Attorney Hull said this approval needs to be in writing and subject to the final engineering and design plans along with having an agreement with Alta. Attorney Hull requested Ms. Nelson ask Alta what form of approval they would like to accept. Alta wants to know what the county wants for traffic control, according to Ms. Nelson.
Commissioner Cossairt moved to approve the proposed Alta Forest Products project on Stage Coach Road and additional conditions of approval of the engineering studies and traffic studies, subject to attorney advice and final agreement. Commissioner Bertling second. Motion passed unanimously.
The meeting with Ms. Nelson and Mr. Morris ended at 9:45 a.m.
Attorney Hull updated Commissioners on his conversation with Contract Planning and Zoning Administrator Clare Marley about the last meeting she had with Commissioners about determining a date associated with property splits. Ms. Marley is working on her analysis.
Commissioner Cossairt moved to go into executive session pursuant to 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 Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 9:57 a.m. No action was taken.
The call to Attorney Hull ended at 9:57 a.m.
Mr. Martinez returned to the meeting.
Commissioners briefly reviewed the quote from TechPartner for the county’s website and will send it to the county’s IT person for their opinion.
Commissioner Cossairt moved to sign Certificates of Residency for Robert Skilton, Jason Colegrove, Naomi Francis, and Jeana Weaver. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the engagement letter with Hoover CPA for the 2021-2022 audit. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2022-39. A resolution increasing the Justice Fund Sheriff budget due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-39 reads as follows:
RESOLUTION 2022-39
INCREASING THE JUSTICE FUND SHERIFF BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Justice Fund Sheriff Budget for fiscal year 2021-2022, and
WHEREAS, Boundary County has received $4,564.08 from the ICRMP, as reimbursement for computers damaged during power surge, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2021-2022, 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 Justice Fund Revenue Account Number 08-00-0391-0000 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-0440-0000, Office - Supplies, in the amount of $4,564.08, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Number 08-00-0391-0000 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-0440-0000, Office - Supplies, in the amount of $4,564.08 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 29th day of August, 2022
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/___________________________
Dan R. Dinning, Chairman
s/____________________________
Wally Cossairt, Commissioner
s/____________________________
Tim Bertling, Commissioner
ATTEST:
s/_____________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #292420
Commissioner Cossairt moved to sign Request for Reimbursement #5 and the invoice summary for Airport Improvement Project #020 for the amount of $20,785.31 for the airfield pavement maintenance project. Commissioner Bertling second. Motion passed unanimously.
Commissioners tended to administrative duties.
Clerk Poston said she provided Commissioners with a sample resolution pertaining to proposed American Rescue Plan Act (ARPA) projects. Those present reviewed the proposed projects listed. Commissioners will continue the discussion to today at 2:30 p.m.
Commissioners tended to administrative duties until their 10:30 a.m. public hearing.
10:30 a.m., Commissioners held a public hearing to consider Variance Application #8-2022 to Boundary County Road Standards Ordinance 2020-2 as it pertains to an approach location for Applicants Richard and Susan Clark. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendent Renee Nelson, Marty Martinez, and Applicants Richard and Susan Clark. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. Commissioners had no conflicts of interest.
Ms. Nelson provided a staff report. The location is on Fawn Lane and Section 3.3.B. of the Boundary County Road Standards sets 330 feet from an existing access for a collector route or 200 feet distance between approaches on local roads. This is a local road so the 200 feet requirement applies. The sight distance is to be 300 feet with a minimum sight triangle of 40 feet. The proposed use for this approach is for a new primary access to a parcel on Fawn Lane. Due to existing approaches the applicants desire a new safer approach. The applicants had received a residential placement permit #22-161 through the Planning and Zoning Office. The existing intersection at Heideman Road is located 142 feet east of the proposed approach. The existing approach at 568 Fawn Lane is 436 feet west of the proposed approach, so that direction is okay. It’s just the intersection at Heideman Road that is the issue. Road and Bridge’s comments are that due to the mostly flat topography and sight distance and sight triangle being achieved, the approach would have been granted, although Road and Bridge’s recommendation for an approach at the 200 feet location would have been attainable and Mr. Morris said it would not have had an impact on drainage or water issues. That was a concern of the applicants as there is a cross culvert just west of the 200-foot mark. Exhibit 6 shows wetland information from the Planning and Zoning Office. There is 300 feet of sight distance in both directions and the sight triangle. The zone is rural residential and agriculture. Ms. Nelson said there were no public comments. The Planning and Zoning Office said the applicants had applied for a residential placement permit and it was issued on August 9, 2022, with conditions regarding approaches and addressing pending this hearing. Ms. Nelson said the Addressing Coordinator and County Mapper had no further comments.
Chairman Dinning asked if the 200 feet distance stayed outside of the cross culvert and Ms. Nelson said that is a good question. Ms. Nelson said if you look at Exhibit 2, which is a map and photos, this is looking west. You can see the cross culvert and this is just beyond that. It’s a natural drainage area. Ms. Nelson pointed out the subject parcel and she informed Commissioners that anyone within 300 feet of the subject property boundary was notified of the application. Ms. Nelson said Exhibit 2 has the photos to clarify the request. The third page is looking down Heideman Road. The original parcel had an approach directly off of Heideman Road so the property owners would be backing right up onto the road. Due to a lot of RV usage on this road there are people using the existing driveway as a turnaround so the applicants want to use a new approach and clean up the safety aspect. The proposed secondary entrance meets road standards and it would be a loop driveway, according to Ms. Nelson.
Commissioners asked the applicants for an opening statement. Ms. Clark said when they first bought the property 3.5 years ago, there was less traffic. Back then there were approximately 12 vehicles, but now it’s in excess of 50 to 75 vehicles. Plus there is RV usage going in and out on a daily basis along with a commercial business. Ms. Clark said when they first moved to that area there was never a problem for safety, but now it has become an issue. They have gates at the property entrance that they would like to exit out of and come in and out safely. The new approach would provide that instead of backing right out onto the road. Mr. Clark said campers used to pull into their garage thinking it was the camp site and then they wouldn’t be able to back out. Ms. Clark explained she did not know how the driveway was moved and why it was so long. Chairman Dinning said they mentioned something about gates and that would be a condition of approval.
Chairman Dinning opened hearing to public testimony, but nobody wished to speak in favor, uncommitted or opposed to the application. The applicants did not wish to make a closing statement. Commissioners closed the hearing to public testimony. Commissioner Cossairt and Commissioner Bertling both had no problems with the application. Chairman Dinning said if the variance application is approved, the approaches on Heideman Road could be gated. Ms. Clark had a comment to make and Chairman Dinning opened the hearing back up to public testimony. Ms. Clark showed Commissioners a map where the gates are on their property and she expressed wanting to continue the fence to block off an area.
Commissioners closed the hearing to additional public testimony.
Commissioner Bertling moved to approve the variance request of Richard and Susan Clark, parcel number #RP63N01E270050A, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B., with the following conditions A through G, and to add condition H that the Heideman Road approach will be gated and will not be used as a through approach by the public. It shall be an unrestricted approach for the landowners/applicants. Commissioner Cossairt second. Motion passed unanimously.
The hearing to consider Variance Application #8-2022 ended at 10:49 a.m.
11:00 a.m., Commissioners held a public hearing to consider Variance Application #9-2022 to Boundary County Road Standards Ordinance 2020-2 as it pertains to an approach location for Applicants Stolley Homes LLC, Travis and Jessica Stolley. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendent Renee Nelson, Applicant Travis Stolley, Marty Martinez, Ellen Greenleaf, Bret Ashworth, Sandra Ashworth, and Nissa Henslee. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. Commissioners had no conflicts of interest.
Commissioners asked for a staff report. Ms. Nelson said this is a variance hearing for a proposed road approach off of Parker Canyon Road that doesn’t meet Boundary County Road Standards Ordinance 2020-2. Section 3.3.B. of this ordinance sets 330 feet for sight distance from the existing access on a major collector route and 200 feet from an existing access on local roads. This is a major collector route so the 330 feet requirement applies. The proposed use for the approach is to access the parcel. The existing access was shared and established by the original owner and the new owner wishes to establish a new approach to eliminate any potential issues. The existing shared access is at 2516 Parker Canyon Road and 2510 Parker Canyon Road is 75 feet east of the proposed approach. The intersection of Spruce Road is 300 feet west of the proposed approach so in both directions it’s below the 330-feet requirement. 2510 Parker Canyon Road was assigned to the applicants’ parcel in conjunction with the commercial placement permit for the storage units on the parcel. Under Section 6.4.4.1, Road and Bridge would have approved this approach location since the sight distance and triangle can be achieved with tree removal. The applicant wishes to have his own approach. The address associated with the parcel will change with the approval of the variance and it will be assigned a new address based on the approach location per Addressing Ordinance 2007-6. The average daily traffic count was 166 in year 2009. The sight distance and sight triangle can be achieved. The topography is gently rolling and has a slightly curved roadway with a 35 mile per hour speed limit.
Public comments were provided by Ms. Ashworth and the Henslees who talked about security, public access, and operational hours. The commercial placement fell under Planning and Zoning’s jurisdiction and a copy of that application and permit was provided showing the storage units were approved. Ms. Ashworth’s concerns will need to be addressed by Commissioners. There are no active Planning and Zoning applications in process and the commercial placement permit #20-035 was issued March 19, 2020. For any new development the landowner would need to contact Planning and Zoning. The Assessor’s Mapper Olivia Drake commented that approval as a shared approach and an address change will be required with a change in access. Commissioners had no questions.
Mr. Stolley gave an opening statement. Mr. Stolley said his only future plans are to build a house on the property; not to build more storage units and if he does sell the property at some point, he wants to avoid any future issues. The current access comes off of the neighbor’s property and loops in. The comment letter mentions security fencing and it was questioned if that would happen in this process. Ms. Nelson said according to Planning and Zoning’s application from 2020, a copy of the development permit was sent to her.
11:11 a.m., Nissa Henslee joined the meeting.
If a new access was granted, Mr. Stolley would not need to use the existing access.
Commissioners opened the hearing to public testimony and asked for comments from those in favor of the application. Nissa Henslee said she is in favor and it is a good thing for the area. Having the new access from the road is positive. No one spoke uncommitted to the application. Speaking in opposition was Sandy Ashworth. Ms. Ashworth said as for the conversation between her and Dave Henslee, she understood that this is something that was already permitted and no Planning and Zoning process was allowed. If it had been, she would have asked for security fencing, a key pad, and only certain hours for access, and then she would not have to worry about people getting onto her property. Ms. Ashworth added that she didn’t say no, but if she had known the application had to go through Planning and Zoning, she would’ve asked for those particular things to be done. During construction everything was fine and then she saw for the for-sale sign, but the Henslees were talking about more units, but she didn’t realize it had actually happened and there was no fencing. Since the Stolleys have purchased the property, there is another for sale sign so it’s having someone else step in and there is no security. In the winter there are no leaves on the trees and she can clearly see the storage unit building and with granddaughter and great granddaughter living with her, she has an issue with security. Ms. Ashworth explained having moved her great granddaughter’s playground toys due to safety. Ms. Ashworth mentioned that she would put up barbed wire fencing and she commented on having had a scary experience where she thought there was a fire, but it turned out to be people were at the storage unit and it was just their light. People were there and they were quiet, but they were in and out of one of the units. Ms. Ashworth said she didn’t see their lights until they were back onto the road. Ms. Ashworth informed Commissioners that she is there by herself with her granddaughter and great granddaughter so she has to be concerned.
Chairman Dinning explained that all the county can address today is the road approach. Ms. Ashworth said with having another road approach and with having a dirt berm, people couldn’t see and the idea was to keep people from driving straight in there. Chairman Dinning said if the new approach was granted and people could not use the shared driveway as access, would that benefit Ms. Ashworth. Ms. Ashworth said no, as that access is on the opposite side; the east side. Chairman Dinning said the shared access does not provide access to Sandy’s property, correct? It was said the shared access goes to the subject property as well as the Henslee residence. Ms. Ashworth is located off of Spruce Road.
Also speaking in opposition was Ellen Greenleaf of Parker Canyon Road. Ms. Greenleaf said she has nothing against Mr. Stolley and this may not be pertinent, but she is like Ms. Ashworth in that she would’ve appreciated knowing the storage units were going in, such as some sort of meeting from Planning and Zoning. Now she hears the vehicles. Ms. Greenleaf said since Dave and Nissa Henslee chose to have the storage units, the access should be their access. Since Stolley, LLC didn’t know if he could park equipment, she would just prefer not. Chairman Dinning said this is the second person to say they didn’t receive notice and they’re both within 300 feet of the property line.
Commissioner Bertling questioned where the access for the storage units comes to on the shared approach. Mr. Stolley said as soon as you come onto the access, it hooks to the right. Commissioners reviewed the application. Commissioner Bertling said unfortunately, whether Commissioners approve or deny the variance, it won’t solve the problem with a fence. Commissioner Cossairt agreed.
Commissioners asked for public comments again.
Speaking in favor, Ms. Henslee said first off, they can’t see traffic coming in and out since the storage units sit back so you can’t monitor them. The access goes straight through to that property. Ms. Henslee said most tenants of the storage units would place their items in their unit and they rarely came back, unless they’re moving out. Ms. Henslee said Ms. Ashworth did mention traffic at one point and they watched for her, and her husband did offer to put up a fence. The new access would be a much smoother transition to the property.
Commissioner Bertling said part of him would agree with storage units, but if there is going to be a home on the property, it makes more sense to use that existing shared access instead of going by the storage units. Commissioner Bertling said he doesn’t know if he would want to drive by the storage units. Ms. Henslee said she doesn’t know what the plans are. Commissioner Bertling said if you go down the property line, access would be more toward that line. Ms. Henslee said the subject parcel abuts her property and Ms. Ashworth’s property. Commissioner Bertling said he hates seeing redundant driveways and owners should share in maintenance costs. No one spoke uncommitted. Speaking in opposition was Bret Ashworth. Mr. Ashworth said right now, the way the driveway access is being shared by the Henslees does offer some limited security. The new driveway coming off of the county road would create security issues with having direct access. Ms. Ashworth said she might talk with Mr. Henslee as she didn’t know that she had to ask for a fence; she thought it was a given, but that was a private conversation between her and Mr. Henslee when looking over the property. Ms. Ashworth said she gave Mr. Henslee permission to build knowing how close it was at 27 feet, but there was a guarantee of a fence, otherwise she would have asked him to build it on the other side.
Mr. Stolley gave a closing statement and said he can only speak on the fact that the storage units were already on the property. This is an investment property and he may even take down the units and build a home there as he wouldn’t want to drive past the units as well. Mr. Stolley said he just wants to alleviate any issue with the driveway and he wants to put a home in there, but in the meantime, it’s just an income property. This is the first time he’s heard about a fence or other issues so he can talk about that. He doesn’t want to cause issues. The property does have storage units and he will keep them for the foreseeable future.
Chairman Dinning asked how far the current access needs to be moved to the west to serve both parcels. The proposed approach is approximately center. It’s about 60 feet to the east and you go in about 40 to 50 feet. There is a hay field there that he can potentially use, but the driveway goes through the middle of that property. Mr. Stolley said he’s looking to center the driveway and take the existing access out and to be able to use the property.
Commissioners closed the hearing to public testimony and deliberated the information. Commissioners stated that they can only talk about the road standards and they know of the other concern, but that is not what they can address. Commissioner Cossairt said he’s a firm believer that every parcel should have a separate approach. Commissioner Cossairt said he knows where Mr. Stolley is coming from and he feels a lot could be alleviated with a fence. The security issues would be on Mr. Stolley. Chairman Dinning said his only concern is establishing a 75-foot distance. Commissioner Bertling said that is close.
Ms. Nelson questioned why the distance of 75 feet and she added that if you look at the parcel configuration, there is only a short distance to the county road. Ms. Nelson said before the variance application was turned in she talked to Ms. Stolley and explained that the application for the commercial placement permit included the mention of a shared approach at the time since the county did not have the ability for the variance process. The county doesn’t verify the easement and she didn’t know if the easement document had been done for a shared approach to their property. The Stolleys were trying to clean this up the best they could so their property didn’t have to worry about a disclaimer, or if the property sold, would the easement still apply. Commissioner Bertling said the other option would be to come off of that road, but then make a frontage road, then you wouldn’t have to worry about 75 feet. Ms. Nelson said the existing approach to the Henslee’s predated the 2007 ordinance to the best that she could tell. Commissioner Cossairt said he would want to have his own approach. Commissioner Bertling said he doesn’t totally agree with Commissioner Cossairt on that, but he feels there are other options.
Ms. Nelson said for staff, she didn’t know if they needed Planning and Zoning here, but if Commissioners had answers as to the actual requirements, would that have helped them with their response? There were no comments. Chairman Dinning said from what Commissioners were told, the Planning and Zoning Administrator at the time didn’t notify people of the application.
Commissioner Bertling moved to continue the public hearing to consider Variance Application #9-2022 to Tuesday, September 6, 2022, at 2:45 p.m. at the County Annex. Commissioner Cossairt second. Motion passed unanimously.
The hearing ended at 11:45 a.m.
11:45 a.m., Treasurer Sue Larson and Chief Deputy Treasurer Jenny Economu joined the meeting to discuss overage funds from the county’s tax deeded property auction.
Treasurer Larson said in following County Civil Attorney Tevis Hull’s advice, her office received claims for proceeds from the tax deed sale of the mobile home, parcel #MHM0740002006DA in the amount of $368.87 and after paying the claim of $4,640.00 to the City of Moyie Springs, the remaining balance of $40,726.35 is transferred to the State of Idaho as unclaimed property. Treasurer Larson presented Commissioners with resolutions and said that Attorney Hull had approved them. If the former property owner’s dependents want to claim the property, they can go through the state’s unclaimed property as the county doesn’t have a part in that.
Commissioner Cossairt moved to adopt Resolution 2022-40. A resolution of the Board of Boundary County Commissioners, State of Idaho, Boundary County, authorizing the transfer of excess sale proceeds to the State Treasurer pursuant to Idaho Code §63-1107. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-40 reads as follows:
RESOLUTION #2022-40
TREASURER’S OFFICE
A RESOLUTION OF THE BOARD OF BOUNDARY COUNTY COMMISSIONERS, STATE OF IDAHO, BOUNDARY COUNTY, AUTHORIZING TRANSFER OF EXCESS SALE PROCEEDS TO THE STATE TREASURER PURSUANT TO IDAHO CODE §63-1107
WHEREAS, Idaho Code §31-801 grants the general powers and duties, subject to the restrictions of law, to the boards of county commissioners in their respective counties; and
WHEREAS, Idaho Code §31-828 grants the Board authority “to do and perform all other acts….which may be necessary to the full discharge of the duties of the chief executive authority of the county government”; and
WHEREAS, Idaho Code §31-807 authorizes the Board to manage county property subject to restrictions including, but not limited to, those described in Idaho Code §31-808; and
WHEREAS, Idaho Code §63-1101 authorizes the Sheriff to seize and sell personal property; and
WHEREAS, Idaho Code §63-1107 provides that proceeds from the sale of seized personal property, after payment of all delinquent taxes, late charges, interest and costs, (excess proceeds) be refunded by the Board to the owner(s) of record at the time of seizure; and
WHEREAS, the Owner(s) of record is deceased and no probate was filed; and
WHEREAS, the County has certain unpaid excess proceeds on account as set forth in Exhibit A, and finds that transferring said proceeds to the State Treasurer will result in more efficient processing of such claims; and
WHEREAS, the board had determined that the County met the requirements for transferring said excess proceeds to the State Treasurer
NOW THEREFORE, THE BOARD OF COMMISSIONERS OF BOUNDARY COUNTY, IDAHO HEREBY RESOLVES, that the excess proceeds as described in Exhibit A, be transferred to the State Treasurer, together with a completed unclaimed property report as directed by the State Treasurer and such other information that the State Treasurer might reasonably request.
IT IS FURTHER RESOLVED BY THE BOARD, that this resolution shall be effective this 29th day of August, 2022.
ADOPTED as Resolution of the Board of County Commissioners of Boundary County, Idaho upon a majority vote on the 29th day of August, 2022.
BOARD OF BOUNDARY COUNTY COMMISSIONERS
s/___________________________________
Dan Dinning, Chairman
s/___________________________________
Wally Cossairt, Commissioner
s/____________________________________
Tim Bertling, Commissioner
Attest: Glenda Poston
BY s/_________________________________
Clerk
Recorded as instrument #292421
Clerk’s Note: Exhibit A can be found recorded with the original resolution in the Clerk’s Office.
Commissioner Cossairt moved to adopt Resolution 2022-41. A resolution of the Board of Boundary County Commissioners, State of Idaho, Boundary County, authorizing transfer of excess sale proceeds to the State Treasurer pursuant to Idaho Code §31-808. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-41 reads as follows:
RESOLUTION #2022-41
TREASURER’S OFFICE
A RESOLUTION OF THE BOARD OF BOUNDARY COUNTY COMMISSIONERS, STATE OF IDAHO, BOUNDARY COUNTY, AUTHORIZING TRANSFER OF EXCESS SALE PROCEEDS TO THE STATE TREASURER PURSUANT TO IDAHO CODE §31-808.
WHEREAS, Idaho Code §31-801 grants the general powers and duties, subject to the restrictions of law, to the boards of county commissioners in their respective counties; and
WHEREAS, Idaho Code §31-828 grants the Board authority “to do and perform all other acts….which may be necessary to the full discharge of the duties of the chief executive authority of the county government”; and
WHEREAS, Idaho Code §31-807 authorizes the Board to manage county property subject to restrictions including, but not limited to, those described in Idaho Code §31-808; and
WHEREAS, Idaho Code §31-808 authorizes the Board to sell surplus properties acquired by tax deed; and
WHEREAS, Idaho Code §31-808 provides that proceeds from the sale of property acquired by tax deed, after payment of all delinquent taxes, late charges, interest and costs, (excess proceeds) be apportioned by the Board to parties in interest that make claims, and then to the owner(s) of record at the time the tax deed was issued on the property; and
WHEREAS, Idaho Code §31-808 was amended by 2016 Senate Bill 1347a to permit the County, after payment of party in interest claims, to transfer excess proceeds resulting from the sale of tax deeded properties to the State Treasurer to be claimed and distributed as unclaimed property; and
WHEREAS, the State Treasurer has indicated that she will accept transfer of unpaid excess proceeds in the possession of the County provided certain conditions are met as set forth in Exhibit A; and
WHEREAS, the County has certain unpaid excess proceeds on account as set forth in Exhibit B, and finds that transferring said proceeds to the State Treasurer will result in more efficient processing of such claims; and
WHEREAS, the board had determined that the County met the requirements for transferring said excess proceeds to the State Treasurer
NOW THEREFORE, THE BOARD OF COMMISSIONERS OF BOUNDARY COUNTY, IDAHO HEREBY RESOLVES, that the excess proceeds as described in Exhibit B, be transferred to the State Treasurer, pursuant to Idaho Code §31-808, together with a completed unclaimed property report as directed by the State Treasurer and such other information that the State Treasurer might reasonably request.
IT IS FURTHER RESOLVED BY THE BOARD, that notice of said transfer be sent as required by Idaho Code §31-808.
IT IS FURTHER RESOLVED BY THE BOARD, that this resolution shall be effective this 29th day of August, 2022.
ADOPTED as Resolution of the Board of County Commissioners of Boundary County, Idaho upon a majority vote on the 29th day of August, 2022.
BOARD OF BOUNDARY COUNTY COMMISSIONERS
s/___________________________________
Dan Dinning, Chairman
s/___________________________________
Wally Cossairt, Commissioner
s/__________________________________
Tim Bertling, Commissioner
Attest: Glenda Poston
BY s/________________________________
Clerk
Recorded as instrument #292422
Clerk’s Note: Exhibits A and B can be found recorded with the original resolution in the Clerk’s Office
The meeting with Treasurer Larson and Chief Deputy Treasurer Economu ended at 11:52 a.m.
Commissioners recessed for lunch at 12:00 p.m.
1:30 p.m., Commissioners reconvened for the afternoon with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Boundary County Emergency Manager Andrew O’Neel joined the meeting to discuss proposed projects to fund through the 2022 State Homeland Security Program (SHSP) Grant.
Mr. O’Neel said the amount of the award is $31,531.00 and he had reached out to various responding agencies for requested items. All items requested can be funded. Chairman Dinning said he noticed two fire departments did not submit a request. Clerk Poston questioned if the privacy slats for the chain link fence at the Annex would qualify for funding and Mr. O’Neel said only if the fence itself was new as well, but the fence was already in existence. Dive gear, radios, repeaters, etc. are what’s included in the request. Those present questioned the number of radios requested by the Chaplain Corps.
Commissioner Bertling moved to approve the expenditure list for the 2022 SHSP grant as presented by Mr. O’Neel with one change to omit portable radios for the Chaplain Corps and to add eight (8) radios for the Boundary County School District. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Bertling moved to purchase an additional eight VHF handheld radios through another funding source. Commissioner Cossairt second. Motion passed unanimously.
Clerk Poston said ownership will be transferred to the recipients that receive the equipment.
The meeting with Mr. O’Neel ended at 2:00 p.m.
2:00 p.m., Restorium Administrator Karlene Magee joined the meeting to give a Restorium report.
Ms. Magee said the resident consensus is now 32, but more new residents are coming. Restorium Maintenance Kevin Schnuerle got the fence put up, but he’s waiting for electrical for the gate. Commissioners informed Ms. Magee that they’re using American Rescue Plan Act (ARPA) funds to purchase the electronic medical record system for the Restorium.
The meeting with Ms. Magee ended at 2:13 p.m.
2:30 p.m., Boundary County Parks and Recreation Board Chairman Rob Tompkins and Vice-Chairman Brandon Glaza joined the meeting to discuss proposed projects to be considered for American Rescue Plan Act (ARPA) funding.
Commissioners said they had preliminary figures for proposed ARPA funded projects and items. Mr. Tompkins spoke of the bathroom/concession stand renovations and said the plans have been finalized. Commissioners were presented with the design plan and Mr. Tompkins said $350,000.00 is the best guess for construction. The next step would be to advertise for a contractor to do the work.
Chairman Dinning informed Mr. Tompkins and Mr. Glaza that the county would like to drill a well for the Parks Department and have a splash pad installed. A well would be quick in returning capital as compared to the costs to irrigate during the summer. Mr. Glaza commented that there is a five-acre parcel adjacent to Riverside Park for sale for approximately $400,000.00 and to have undeveloped acreage adjacent to a park would be a tremendous opportunity. The wells and restroom are on the park property. Chairman Dinning said the county was able to get the city/highway street lights that are getting replaced in the highway project and it would be great to light up the fairground area. Commissioner Bertling said he would also like to see improvements to the skateboard park and Mr. Glaza said they’re seeing more and more use of that park. Commissioners were informed that the sports director for the Parks and Recreation Department has resigned so the position is being advertised. Mr. Glaza and Mr. Tompkins mentioned to Commissioners that 320 kids had signed up for soccer.
Those present discussed the rate of pay for the Parks Maintenance position. This position is a grade 9 at $15.05 per hour and if the fiscal year 2022-2023 budget is approved, there will be an hourly increase of $1.50.
The meeting with Mr. Tompkins and Mr. Glaza ended at 2:55 p.m.
Commissioner Cossairt moved to sign the Property Tax Cancellation form for parcel MH61N01W25557AA as follows: cancel tax amount of $18.92 and penalty/late fee in the amount of $0.38 for tax year 2019, cancel tax amount of $16.88 and penalty/late fee in the amount of $0.34 for tax year 2020, and cancel tax amount of $19.86 and penalty/late fee in the amount of $.040 for tax year 2021 for a total cancellation of $56.78 in tax and late fees, plus interest. Commissioner Bertling second. Motion passed unanimously.
Commissioner Bertling moved to approve the American Rescue Plan Act (ARPA) expenditures for year 2022 for the amount of $234,156.98 for an ambulance unit, power load system and heart monitor through Stryker Corporation, the Restorium medical tracking system for $9,000,.00, University of Idaho Extension program internet service costs at the former North Idaho College building for a total of $70,000.00, Sheriff Office generator for the Annex totaling $70,000.00, and Extension Office classroom remodel at the North Idaho College Building totaling $100,000.00, and Commissioners will request that the appropriate resolution will be prepared for the expenditures. Commissioner Cossairt second. Motion passed unanimously.
3:12 p.m., Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and to convene as the Boundary County Ambulance Service District Governing Board. Commissioner Bertling second. Motion passed unanimously.
The Ambulance Service District is looking to increase its budget by $250,000.00, but because of values, if it is raised to a certain percentage, it would generate $1,300,000.00 so that current verbiage cannot be used. Currently, the Ambulance Service District is not quite at 4% unless values drop. Those present questioned proposed verbiage in a resolution approving ballot language. Clerk Poston mentioned a certain amount due to values and then there is the restriction of the 3% increase. If values ever decrease, the levy will bump up against 4%. The District is authorized a special tax not to exceed .04%, so verbiage can say not to exceed .06%, but only collect $250,000.00. Currently, the Boundary County Ambulance Service District is generating approximately $460,000.00 from property tax and replacement monies, but Boundary Ambulance Service needs an additional $250,000.00 above that. Commissioners decided to continue their meeting till tomorrow at 1:30 p.m.
3:24 p.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Boundary County Board of Commissioners. Commissioner Bertling second. Motion passed unanimously.
3:25 p.m., The meeting with Courthouse Maintenance Squire Fields was postponed in order to get quotes for phase 1 of the sidewalk project.
3:40 p.m., Commissioners continued their discussion regarding quotes for concrete for the landfill office addition. Commissioners approved the low bid for concrete totaling $4,800.00, but will continue their discussion on the addition until tomorrow at 2:00 p.m. at the annex.
3:50 p.m., There being no further business, the meeting recessed until tomorrow at 1:30 p.m. at the Annex.
***Tuesday, August 30, 2022, at 1:30 p.m., Commissioners met in regular session at the County Annex with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
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.
1:30 p.m., Boundary Ambulance Service Chief Jeff Lindsey joined the meeting to continue the discussion regarding a possible override levy for ambulance service. Chairman Dinning informed Chief Lindsey that if the county were to run an override levy for an additional .02% more totaling .06%, it would generate $1,300,000.00 so Commissioners need to figure out verbiage that ties to a dollar figure as opposed to a levy. The Ambulance Service District is looking at an amount of $250,000.00 and we don’t want to make a mistake. Commissioners stated that this fall’s election won’t be a good time to run an override levy. Clerk Poston added that she also doesn’t think there is time. Chairman Dinning apologized for dropping the ball and he added that there are funds to give for ambulance services. Commissioners said they would address this during the next Ambulance Service District Governing Board meeting. Chairman Dinning said out of concern, Commissioners need to have the American Rescue Plan Act (ARPA) projects prepared and ready. The issue of a heart monitor is more of a pressing issue right now and the county would be able to use ARPA funds to fund ambulance operations.
Chief Lindsey left the meeting at 1:40 p.m.
Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Boundary County Ambulance Service District. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Certificate of Residency for Dylan Rankin. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes of August 22, 2022. Commissioner Bertling second. Motion passed unanimously.
1:50 p.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to discuss quotes for an addition to the landfill office. The quote is for concrete work only and the next phase in the following budget year would be enclosing the addition. The slab is 15 feet by 20 feet. Mr. Skeen spoke of seeking quotes for just the slab followed by quotes for the building.
Commissioner Cossairt moved to accept the quote of $4,800.00 from High Road Enterprises, LLC for concrete slab work and footings. Commissioner Bertling second. Motion passed unanimously.
Mr. Skeen left the meeting at 2:07 p.m.
2:10 p.m., Commissioners recessed until their emergency meeting on Friday, September 2, 2022 at 10:00 a.m.
***Friday, September 2, 2022, at 10:00 a.m., Commissioners met in emergency session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling (via phone), and Clerk Glenda Poston. Also in attendance was Boundary County Emergency Manager Andrew O’Neel, Undersheriff Rich Stephens, Sheriff Dave Kramer, Bonners Ferry District Forest Ranger Kevin Knauth, Bonners Ferry Herald Staff Writer Emily Bonsant, Idaho Department of Lands Fire Warden Nate Rogers, Idaho Department of Lands Area Manager Erik Sjoquist, and Idaho Office of Emergency Management Local Area Field Officer Kevin Benton. The purpose of the meeting was to consider enacting and signing a local disaster/emergency declaration due to local wildland fires.
The meeting was called to order at 10:10 a.m., and Chairman Dinning introduced those in attendance. In anticipation of the Red Flag warning that is to take effect later, it would be prudent to have the signed disaster declaration in place. It was stated that Idaho Department of Lands indicated that having the declaration is proactive and they agree with the issuance of the declaration and proper coordination. Mr. Knauth commented that it’s also important to put this declaration into effect as today and tomorrow will be critical days if this fire event elevates. Sheriff Kramer indicated that he, too, agrees with this declaration and he added that animals are currently being evacuated to the local fairground. Mr. O’Neel also agreed that signing a declaration opens up resources that could be available should this fire continue to escalate. Associated costs from this point going forward would be covered through this type of declaration. There is a limit of expenses that can occur.
Commissioner Dinning spoke about receiving a call from a farmer about local field burning. Chairman Dinning added that he did talk with the Department of Environmental Quality (DEQ) regarding field burning and coordination to do that needs to take place so it’s not a free-for-all with the burning of local farmer’s fields. So, coordination for the local farmers would be with the Forest Service and IDL. Jared Scheflymier is the contact person for local Forest Service Office this weekend as it pertains to field burning.
Commissioner Cossairt read the declaration language regarding the various fires that have spread significantly within the last 48 hours with no containment. Firefighter and public safety, structures, private timber, livestock and crop protection are concerns needing to be addressed. Therefore, the Declaration was prepared and signed.
10:20 a.m. Commissioner Cossairt motioned the approval of the Disaster/Declaration and authorized Chairman Dinning to sign the declaration. Commissioner Bertling second (via phone). Motion passed unanimously.
Commissioner Dinning asked how the farmers will be notified of the field burning process. It was said that Idaho Department of Lands representatives will make the call to the local landowners.
Mr. O’Neel asked about the need for closing any bodies of water to boat traffic. Commissioner Cossairt suggested closing the river from Deep Creek to the border. Mr. Knauth will ask the aviation department their thoughts on closing the river. Commissioner Bertling also agreed with the thought of closing the river to boat traffic.
Those present discussed finding a location that approximately 40 Forest Service employees could work from and the fairgrounds were suggested. Discussion was also had on local fire departments providing aid to this area and Mount Hall Fire Department and North Bench Fire Department were mentioned. Undersheriff Stephens talked about Road and Bridge and the coordination of possible road closure.
Mr. Knauth spoke of having a fly over once the smoke clears a bit more. Undersheriff Stephens said if there is a need to evacuate people, to let the Sheriff’s Office know and they can send out the Nixle alert.
Those present discussed trigger points for the Scotch Fire and of evacuations. Mr. Knauth spoke of fire retardant being used if the fire travels down the hill. Depending on winds and if they throw fire, that would be a trigger or should it change and come down the hill, that could trigger an event. The Forest Service is bringing in extra help and this will free up local resources. Some homeowners have already set up sprinklers around their property. It was said the Incident Commander Rick Connell’s team is the group coming here for support.
The emergency meeting ended at 10:30 a.m.
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DAN R. DINNING, Chairman
ATTEST:
_____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk