***Monday, August 8, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Chief Deputy Clerk Nancy Ryals, and Deputy Clerk Cynthia Loughney.
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. Those present reviewed work listed in the report.
Chip sealing has been done on Blue Sky Road. Dura patching has taken place on Copeland Road, Katka Road, Shamrock Road, Westside Road, Fitzpatrick Road, Stellar Jay Road and Sweetwater Road. Preparation for chip sealing was done on Stellar Jay Road, Shamrock Road and Blue Sky Road. The broom was used on Crossport Road and Katka Road. Grouse Hill Road was watered for dust abatement.
Chairman Dinning informed Ms. Nelson and Mr. Morris that a gentleman who lives on the westside of Parker Creek wants to know if that road is going to get gravel this year. Ms. Nelson said that over the years a lot of rock has been put on that road. Road & Bridge is concerned with putting more rock on the road without putting a better driving surface down. Road & Bridge doesn’t know when the road surface will be improved. The road was used as a detour route when there was a fire. If the bridge were to be replaced then the road will have to be improved. It’s not on the schedule at this time but it has been discussed. Chairman Dinning said that it would help just to put three quarter inch rock on the dike.
Mr. Morris commented about it being time to gravel the road by the Kootenai National Wildlife Refuge. Discussion was held regarding rock sources.
Commissioner Cossairt moved to sign the State/Local Construction Agreement for Key Number 20215, Deep Creek Loop Pavement Overlay project, and the associated claim for match payment. Commissioner Bertling second. Motion passed unanimously. The work will probably begin next year on that project.
Ms. Nelson informed Commissioners that Road & Bridge received a mileage report from the Clerk’s Office that needs to be completed by September 1st. Ms. Nelson wants to make Commissioners aware that the report is due before the end of the fiscal year so it won’t include the information for the whole fiscal year.
Mr. Morris said that Wink, Inc. has a chip spreader they are selling. Wink, Inc. purchased the equipment last year but decided it wasn’t something they wanted to do. There is a hydraulic hose leak but it is fine other than that and the Road & Bridge crew did run it and check it out, according to Mr. Morris. $35,000.00 is the cost, which is about a quarter of the cost of a new one. It is a 1998 chip spreader. Mr. Morris thinks it is a pretty good deal and it will save a lot of time and rock. Commissioner Bertling said it could pay for itself quickly.
Commissioner Bertling moved to purchase the chip spreader from Wink, Inc. for $35,000.00. Commissioner Cossairt second. Motion passed unanimously.
Discussion was held regarding commercial driver’s license training and current personnel. Commissioners said they are good with paying per diem a week at a time for those attending the training as long as the person agrees to work for the county for three years.
9:15 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 Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 9:20 p.m. No action was taken.
Ms. Nelson gave an update pertaining to Skin Creek Bridge. The Local Highway Technical Assistance Council (LHTAC) will be approving the first round of projects soon and it sounds like the Skin Creek Bridge project will be approved. The plans are ready and HMH Engineering would help with the bid. The county would have to pay the contractor and LHTAC would reimburse the county within a week. Ms. Nelson stated that it also sounds like we would be able to get the project done this fall.
Ms. Nelson commented on Highway Users distribution per county road mile and stated that she hopes to have the fuel tax information soon. This has to do with Crescent Road and whether the county keeps the road or abandons it.
Discussion was held regarding the use of large culverts versus using bridges. Commissioner Cossairt thinks it would be a lot cheaper to use culverts in some places instead of bridges. Mr. Morris said it is something to think about.
The meeting with Ms. Nelson and Mr. Morris ended at 9:29 a.m.
9:30 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone to update Commissioners on various matters he’s working on.
Discussion was held regarding public defender contract matters. Public Defender Linda Payne contacted Commissioners and indicated that she wants to turn her contract over to two people.
Attorney Hull informed Commissioners that he has the document for county employees who are going to school to get their commercial drivers license. Attorney Hull said that he just needs the names, start dates and department name. The employee will have to agree to work for the county for three years. It was agreed that if the employee was terminated at-will the county should not ask to be reimbursed for costs but if terminated for cause, the employee should have to pay a pro-rated portion back to the county. Commissioners will ask Road & Bridge to provide the employee information to Attorney Hull.
Attorney Hull reported that he has emailed Gary Gates, Federal Aviation Administration, to discuss North Bench Fire’s lease of county property near the airport, but Mr. Gates has not gotten back to Attorney Hull as yet.
Attorney Hull informed Commissioners that there is a meeting on August 17, 2022 at 2:00 p.m. at the Annex regarding LaBrosse Hill Road with those residing in that area.
Attorney Hull commented that Road & Bridge needs discretion on issuing permits for approaches.
Attorney Hull informed Commissioners that he submitted a draft document to Clerk Glenda Poston and Deputy Recorder Cherry Grainger, for an owner or tenant to sign and record for complaints about discrimination in Covenants, Conditions, and Restrictions (CC&Rs). The draft document is a state form that Attorney Hull said he modified. Attorney Hull stated that the recorded document would declare the discriminatory provision void. New legislation was passed requiring the Recorder’s Office to have the forms available and to record such documents. Chairman Dinning stated that he sees it as clouding the title without due process.
Attorney Hull stated that Commissioners should get with Clerk Glenda Poston and apply for at least part of the funding available from the Public Defense Commission.
The call to Attorney Hull ended at 9:54 a.m.
Commissioner Cossairt moved to adopt Resolution #2022-35 increasing the Justice Fund Sheriff’s Budget in the amount of $9,320.55 due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution #2022-35 reads as follows:
RESOLUTION 2022-35
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 reimbursement in the amount of $9,320.55 from the State of Idaho, Office of Drug Policy for reimbursement for the following needs, 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 as follows:
Revenue Account Number Expense Account Number In the Amount of
0008-00-0391-0018 0008-02-0407-0000 7,520.82 OT Hours
0008-00-0391-0018 0008-02-0410-0000 923.56 Persi
0008-00-0391-0018 0008-02-0411-0000 575.34 Soc Sec
0008-00-0391-0018 0008-02-0416-0000 300.83 Work Comp
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Numbers and the Boundary County Justice Fund Sheriff Budget Expense Account Numbers as outlined above 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 8th 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
By: Nancy Ryals, Chief Deputy Clerk
Recorded as instrument #292167
Commissioner Cossairt moved to adopt Resolution #2022-36 amending the Boundary County Personnel Policy Rule 6: Employee Benefits, Section A. Workers Compensation for employees to seek medical treatment at Boundary Community Hospital/Clinics. Commissioner Bertling second. Motion passed unanimously. Resolution #2022-36 reads as follows:
Resolution- 2022-36
AMENDING THE BOUNDARY COUNTY PERSONNEL POLICY
Rule 6: Employee Benefits, Section A. Workers Compensation
WHEREAS, Boundary County has reviewed its employee policy pursuant to the authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho and Title 31, Chapter 8, Idaho code, and
WHEREAS, Boundary County is a political subdivision of the State of Idaho, operating under the provisions and the laws of the State of Idaho, and as such is authorized and empowered to make decisions regarding its employees’ benefits, and
WHEREAS, The Commissioners of Boundary County have reviewed their Personnel Policy on procedures for Workers Compensation Rule 6: Employee Benefits, Section A. Workers Compensation, Subsection 6, and
WHEREAS, the Boundary County Board of Commissioners have signed an agreement with Boundary Community Hospital/Clinics to provide workers compensation services as a designated Preferred Provider for accidents/injuries employees incur while on duty, and
NOW, THEREFORE, upon motion duly made, seconded and unanimously carried, it is hereby RESOLVED, that the Personnel Policy Handbook page 16, Rule 6, Section A, Subsection 6. will be amended as follows:
Rule 6: Employee B
Section A: Workers Compensation:
6. Boundary County shall refer employees for medical attention for an on the job injury that deems necessary for medical treatment to Boundary Community Clinic or Boundary Community Hospital during business hours and to Boundary County Hospital emergency room after business hours. Upon seeking medical attention for an on the job injury, a medical release form from the treating physician or physician’s assistant must be turned in prior to the employee’s return to work. Upon being released to work, the employee shall return to work no later than the next workday following the release.
The remaining provisions of Rule 6, Section A are unchanged and remain in effect.
This amendment is to take place and be in effect as of August 8, 2022.
PASSED AND ADOPTED THIS 8TH 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
By Nancy Ryals, Chief Deputy Clerk
Recorded as instrument #292168
Commissioner Cossairt moved to sign the Certificates of Residency for Aleah Clark and Andrew Erhardt. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to approve and sign the amended minutes of July 11 and 12, 2022 to include claims for payment. Commissioner Bertling second. Motion passed unanimously.
Commissioners discussed the Idaho Association of Counties (IAC) 2022 nomination for board positions and at-large position for the Idaho Capital Crimes Defense Fund. Chairman Dinning said Commissioners can nominate or leave it as is. Commissioners decided to leave it as is.
Commissioner Cossairt moved to sign the City of Bonners Ferry Utilities Form for the Boundary County Airport. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Memorandum of Understanding and certification documents for the Idaho Department of Lands Brushy Deer Camp hazardous fuels reduction project. Commissioner Bertling second. Motion passed unanimously.
Commissioner Bertling moved to authorize the Chairman to sign the plat for Whitetail Point Subdivision for applicant Trevor Schneider. Commissioner Cossairt second. Motion passed unanimously.
10:05 a.m., Property owner Scott Morrison joined the meeting to discuss issues concerning Planning and Zoning. Rick Wood was also present.
Mr. Morrison stated that he is happy with how the county has been treating him and that Commissioners and the Road & Bridge Department have been great. Mr. Morrison stated that his problem has been with Ruen-Yeager. Mr. Morrison informed Commissioners that his process started in February 2022. He closed on his property on March 11, 2022 and he confirmed with Ruen-Yeager that they would be in their office on a specific day so he drove here from Washington State to meet with Planning & Zoning personnel but the office was closed. Mr. Morrison stated that he is trying to get a placement permit before winter because he and his spouse are living in a recreational vehicle. They moved here the last week of March or the first of April. Mr. Morrison reported that he has gone in four different times and he finally got instruction from Planning & Zoning to go to Road and Bridge where he was told that his driveway was in the wrong spot. The driveway issue got taken care of and he received an address, but he still has not received his placement permit from Planning & Zoning. Mr. Morrison stated that he is not here to complain, he is here to help and he asked if there is something he can help with. Chairman Dinning assured Mr. Morrison that the county will be changing the ordinance and that Commissioners will speak with Ruen-Yeager regarding the problem. Mr. Morrison stated that he wants to have a department that you can work with and not one you have to hide from. Mr. Morrison informed Commissioners that he was told he would get a fine without a placement permit.
Mr. Morrison and Mr. Wood left the meeting at 10:15 a.m.
Commissioners continued their discussion regarding Secure Rural Schools percentage designation. There is some confusion as to whether the 15% designation is for Title II or Title III. Chairman Dinning will speak with Seth Grigg from Idaho Association of Counties (IAC) tomorrow about the matter.
Commissioners reviewed and approved claims for payment. Fund totals are as follows:
Current Expense $ 93,261.41
Road & Bridge 431,636.27
Airport 9,602.25
District Court 6,212.81
Justice Fund 52,699.11
911 Funds 3,422.06
Health District 28,297.00
Indigent & Charity 12,745.62
Parks and Recreation 7,616.22
Revaluation 195.72
Solid Waste 64,183.32
Veterans Memorial 10.45
Weeds 15,973.56
Restorium 37,831.59
Waterways 650.47
Grant, Airport 20,375.48
Grant, Selkirk Coop Weed Mgmt 369.04
Grant, Boat Safety 247.04
Grants, Fire Mitigation 45,685.00
TOTAL $831,014.42
Trusts
Boundary Co. Drug Court Trust $1,798.48
Driver’s License Trust 21,209.50
Indigent Reimbursements 7,883.54
Motor Vehicle Trust Acct 430,904.45
Sheriff’s Trust Fund 690.80
Odyssey Court Trust Account 23,207.75
Odyssey Bond Trust Account 2,200.00
Odyssey Restitution Trust Acct 1,780.15
TOTAL $489,674.67
GRAND TOTAL $1,320,689.09
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2021-2022).
Commissioners attended to administrative duties.
11:00 a.m., Panhandle Health District Director Don Duffy joined the meeting to give a quarterly update.
Discussion was held regarding tire disposal. The county spends about $8,000.00 per year to ship tires.
Mr. Duffy inquired about Restorium staffing. Chairman Dinning said that a memory care side has been created and it is full. The county is always looking for staffing.
Mr. Duffy informed Commissioners about opioid funding and he stated that he understands that the county will allocate those funds to the Health District. Mr. Duffy inquired if the first allocation was received and Commissioners said yes. Chairman Dinning said that it is the Commissioners’ intent to give the opioid funds to the Health District to reduce the amount the county has to give the District from property tax. Mr. Duffy said that the Health District will give a quarterly report on the use of those funds. Chairman Dinning clarified that these funds are not in addition to what the county gives the Health District, but rather part of the county’s allocation to the District. Mr. Duffy said there are specific parameters on how the county can use the opioid settlement funds. Mr. Duffy said if the county allocates the opioid settlement funds to the District, the District can only use those funds for specific things.
Mr. Duffy reported that the Panhandle Health District’s Bonners Ferry building renovations are looking great.
According to Mr. Duffy, the Board of Health held elections. Marlo Thompson was re-elected as chair and the vice-chair was re-elected as well. There were two Commissioner positions open.
Mr. Duffy reported that the Health District is currently working with the Center for Disease Control (CDC) to acquire a public health infrastructure grant in the amount of $389,000.00 to build infrastructure. The caveat is most of the funds come from the American Rescue Plan Act (ARPA) and the legislature has to approve the use. It will have to go through the next legislative session to approve the use of those funds to improve infrastructure.
Mr. Duffy informed Commissioners that Monkey Pox is the next issue. There have been six total cases in the state with none in the five northern counties. The Health District has a total of 60 doses of the vaccine.
Clerk Glenda Poston joined the meeting at 11:00 a.m.
Clerk Poston asked about the opioid moneys. The Health District will do the quarterly reporting to the state on how the funds will be used once the funds are allocated to the Health District by the county. The settlement is with the state and Clerk Poston asked if it meets the requirements. Mr. Duffy said that all the Health District is aware of is that they submit a quarterly report to the state for the opioid settlement funds. The county will not have to do the reporting. Clerk Poston asked if the county would make a quarterly payment from the opioid funds to the Health District thereby reducing the amount the Health District would receive from taxes. Law requires the county to pay the District a certain percent and on top of that are the opioid settlement funds. Mr. Duffy said that what he is thinking the county wants is to make the opioid money part of that and Mr. Duffy said the Health District may have to cut other services if that is the case, but that is up to Commissioners. Clerk Poston asked if the Health District can differentiate treatment of drugs issues, can that treatment be under the opioid settlement money. Chairman Dinning commented that the county was hoping that the opioid money could be instead of using tax dollars, but it sounds like it is not. It sounds like it is to be in addition to what the county would normally fund. Mr. Duffy agreed. The opioid money is above and beyond what the county would normally allocate to the District. Chairman Dinning said that if the county decided to keep the opioid settlement funds, then the Health District can help the county decide where to use those funds. The Health District is already using the full amount of the normal allocation so if the county allocates part of it under the opioid settlement that is limited to what its use is. It was said that Shoshone County is basically going to do the same thing Boundary County was going to do. Mr. Duffy responded yes. Clerk Poston said its new so we don’t know. Mr. Duffy said opioid use is on the rise here and around the country. Mr. Duffy said to call him anytime if there are any questions.
Clerk Poston left the meeting.
The issue of salmonella from chickens was discussed. There have been four children who got salmonella from chickens and two were hospitalized, according to Mr. Duffy. Upon further investigation, it was discovered that the chickens were brought into the house and in bed with the children. The comment was made that there are new chicken owners who don’t know that chickens should be outside.
The meeting with Mr. Duffy ended at 11:13 a.m.
Commissioners recessed for lunch at 11:15 a.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Chief Deputy Clerk Nancy Ryals, and Deputy Clerk Cynthia Loughney.
1:30 p.m., Commissioners held a public hearing to consider Variance Application #7-2022 for applicants Jamie and Timothy Fulton Jr. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Chief Deputy Clerk Nancy Ryals, Deputy Clerk Cynthia Loughney, Road and Bridge Department Co-Superintendent Renee Nelson, and applicants Jamie and Timothy Fulton Jr. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. There were no questions on the procedures. Commissioner Cossairt and Commissioner Bertling had no conflict of interest. Chairman Dinning said for clarity, Mrs. Fulton is his first cousin’s daughter, therefore he will not participate in the discussion or decision, but will conduct the hearing.
Chairman Dinning asked for a staff report. Road & Bridge Co-Superintendent Renee Nelson gave the staff report. The proposed use for the approach is to provide a secondary driveway to get a truck into and out of the driveway. The existing driveway has an internet box installed that does not allow the driveway to be widened. The proposed location was chosen to cause the least impact to the hay field. The zone designation is rural residential. Wetlands is far to the west of the property and not involved in the approach at all, according to Ms. Nelson. It is a mostly flat topography with good sight distance. The average daily traffic count from 2019 is 686. It is a chip sealed roadway. Ms. Nelson stated that there was no public comment and Planning & Zoning commented that there are no permits on file. Any future property splits would go through Planning & Zoning.
Commissioners asked the applicant for an opening statement. Mr. Fulton said that they are not planning on putting any homes on the property or splitting the property. It is just going to be a lot more convenient.
Commissioners asked for public comment from those in favor, uncommitted and/or opposed to the application. There was no one from the public present and therefore, no comments were made.
1:35 p.m., the hearing was closed to further testimony. There was no Commissioner comment.
Commissioner Cossairt moved to approve the variance request of Jamie and Timothy Fulton Jr., parcel number RP62N01E100010A, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B. with conditions. Staff is directed to prepare written findings, a decision and terms and conditions of approval. Commissioner Bertling second. Chairman Dinning abstained. Motion passed.
The public hearing to consider Variance Application #7-2022 ended at 1:36 p.m. and Mr. and Mrs. Fulton left the meeting.
Road & Bridge Co-Superintendent Renee Nelson discussed Road & Bridge matters including the expansion bridge at Naples and someone hitting the bridge this morning.
Ms. Nelson left the meeting at 1:49 p.m.
Restorium Administrator Karlene Magee cancelled the meeting to give the Restorium report.
1:50 p.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to discuss a matter pertaining to training for a commercial driver’s license (CDL). A part-time employee wants to attend the training and the state will pay a large percentage of the costs. The class is Monday through Friday and the person works usually Thursday through Saturday. Chairman Dinning informed Mr. Skeen that full-time employees have to stay employed with Boundary County for three years and the county will pay per diem for the employee to attend the class. Chairman Dinning asked if the person is wanting the county to pay the rest of the cost. Mr. Skeen said no. The person will work Saturday, but on Thursday and Friday they will be in school. There is no position at Solid Waste available at this time that requires a CDL to put this person in. It is a five-week course. Chairman Dinning inquired if the person knows that a CDL position is available at Road & Bridge. Mr. Skeen said he doesn’t know. The person is part-time but gets the Public Employee Retirement System (PERSI) benefit. The county would be paying the employee their normal wage and the person would be getting their PERSI benefit paid. Commissioners decided it is not in the county’s best interest to pay the part-time person their wages when the employee is not actually working unless the employee is willing to stay for three years.
The meeting with Mr. Skeen ended at 2:02 p.m. and Mr. Skeen left the meeting.
Chairman Dinning stated that turning the opioid settlement money over to the Health District can’t be used to lower the levy rate. Turning the money over to the Health District would take the reporting responsibility out of the county’s hands and put it on the Health District.
Commissioners attended to administrative duties.
There being no further business, the meeting adjourned at 2:48 p.m.
_______________________________________
DAN R. DINNING, Chairman
ATTEST:
_____________________________
GLENDA POSTON, Clerk
By: Nancy Ryals, Chief, Deputy Clerk