Commissioners' Meeting Minutes - Week of August 9, 2021

***Monday, August 9, 2021, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, 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. Mr. Morris said as it pertains to McClintock Road, he spoke to Kennon McClintock and Mr. McClintock has some culverts that he’s going to use on the private portion of the road near his house and he’s also asking if an old culvert could be replaced on the county road portion and he offered to do the work himself. Mr. Morris said Road and Bridge has an 18-inch culvert that Mr. McClintock could use. The current culvert is approximately 80 years old, according to Mr. Morris. Chairman Dinning suggested drafting an agreement allowing Mr. McClintock to do the work.

Road and Bridge is chip sealing next week as they’re short staffed this week, according to Mr. Morris.

Ms. Nelson presented Commissioners with a map and copy of the Timberline subdivision and she said to her knowledge Timberlane Road has always followed a certain direction. There is a little stub road that has become an issue. Ms. Nelson said she cannot find information as to when the county started maintaining the road in this subdivision, but she did find where addresses were issued in years 2007, 2006, and 2011. The issue is that the farthest north landowner put a gate up. The gate was measured and it’s approximately 38 feet from the center of Timberlane Road. This gate is eight feet outside of the county right-of-way. The landowner to the south had his property surveyed and it was determined the gate is installed in the county road. Chairman Dinning said when the county approves a subdivision, it has accepted the roads as county roads so we don’t have to do maintenance. On the plat, it doesn’t say anything about it being a county road, but it is on the plat, according to Ms. Nelson. Mr. Morris said he doesn’t recall that stretch being a county road. Chairman Dinning suggested double-checking with County Civil Attorney Tevis Hull. It was said the gate is in the right-of-way of the side road.

Ms. Nelson said for Moyie River Road, in relation to the guardrail project, if Union Pacific Railroad cannot find an agreement that a county road is next to their tracks for any projects, the county will have to fill out a new application. Ms. Nelson said she has the contact information for the appropriate person with Union Pacific. Chairman Dinning suggested getting an agreement for the entire stretch.

Road and Bridge has one heavy equipment operator who has a commercial driver’s license (CDL). Other applicants for the second heavy equipment operator position will also need to have their CDL. If there is this possibility, Road and Bridge would like to state that if they can train an operator to get a CDL, the applicant will work for Road and Bridge for a minimum of one year. Chairman Dinning said we can do that. It can either be under contract or reimburse the county for costs. The only cost Road and Bridge incurs is a tanker endorsement, according to Mr. Morris. Commissioner Bertling suggested the applicant or employee reimburse the county if they leave employment with the county prior to the one-year time frame.

Mr. Morris said Road and Bridge Mechanic Terry Johnson found a low boy truck for sale that seems to be in good shape. The truck costs approximately $22,900.00 and it’s in Hayden. Commissioner Bertling said it’s worth going in to take a look at it.

Road and Bridge has a meeting with Innovate about addressing on Tuesday and Commissioner Cossairt will also participate in the meeting.

It was said that Stage Coach Road was paved and Wood’s Crushing and Hauling fixed the shoulders.

The meeting with Ms. Nelson and Mr. Morris ended at 9:25 a.m.

9:33 a.m., Chairman Dinning left the meeting temporarily.

9:34 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone. Commissioners asked Attorney Hull about adopting a resolution to allow reducing the speed limit from 35 miles per hour to 25 miles per hour on portions of certain county roads. Attorney Hull said the issue with the State of Idaho is that it’s written in code that all county roads are 35 miles per hour, except if the county has either an engineering opinion or traffic investigation done indicating that speeds should be different. If someone were to get a speeding ticket, challenge it and request to see the engineering or traffic study, the ticket could not be enforced, but if someone were to get a speeding ticket and not contest it, then it’s no issue. Attorney Hull said it’s an enforcement issue, but it’s not prohibitive when putting a sign up. As with law enforcement issuing a ticket, it’s discretionary. Attorney Hull said he spoke to Road and Bridge about traffic studies or an engineering opinion, but he doesn’t know what the cost was to have those done.

Attorney Hull said he’s still working on information pertaining to Bill Michalk’s Planning and Zoning application so he needs to get back to Mr. Michalk on what information was received from the Federal Aviation Administration.

The call to Attorney Hull ended at 9:47 a.m.

Commissioner Bertling moved to appoint Commissioner Cossairt Acting Chairman in the absence of Chairman Dinning. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Bertling moved to sign Certificates of Residency for Mark Lay, Robert Skilton, Brady Hinthorn, KayLinn Magee, and Asher Williams. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.

Commissioner Bertling moved to adopt Resolution 2021-25. A resolution adopting the Solid Waste fee schedule for fiscal year 2021-22. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously. Resolution 2021-25 reads as follows:

RESOLUTION 2021-25
A RESOLUTION TO ADOPT A SOLID WASTE FEE SCHEDULE FOR FISCAL YEAR 2021-2022

WHEREAS, it is the duty of the Board of County Commissioners to maintain and operate solid waste disposal systems, and
WHEREAS, Section 31-4404, Idaho Code, authorizes the Board of Boundary County Commissioners to collect fees for the purpose of providing funds to operate and maintain solid waste disposal systems, and
WHEREAS, all households, businesses, farms and professional practices should be equitably charged solid waste fees proportional to the amount of solid waste generated,

WHEREAS, the last solid waste fee increase was initiated for fiscal year 2020-2021 and the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase solid waste fees by an amount of 4.9% for the 2021-2022 fiscal year to help fund the cost of operating the Solid Waste Department, and

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, are not required to hold a public hearing to receive public comment on a proposal to increase solid waste fees as the increase is less than (5%), and
WHEREAS, the following is an estimate of what this change may mean to a Boundary County user, and

NOW, THEREFORE, on motion duly made, seconded, and unanimously carried,

IT IS RESOLVED that the Boundary County Board of Commissioners do hereby set and establish the following solid waste collection fees in accordance with the fee schedule attached hereto and by this reference incorporated herein.

DATED AND DONE this 9th day of August, 2021.
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 #288108

FY 2021-2022 Fee Schedule

CODE *CYY FROM __ TO
A 12 Residential, Bonners Ferry $ 139.20 $ 146.04
B 12 Residential, outside Bonners Ferry $ 166.08 $ 174.24
D 12 Service Business, Professional $ 166.08 $ 174.24
Practices & Farm Shops
E 24 Logging Contractors, Building $ 332.16 $ 348.48
F 38 Trades, Manufacturing Machine Shops $ 525.92 $ 551.76
G 38 Retail Stores, Restaurants, Bars $ 525.92 $ 551.76
H 72 Nurseries, Newspapers, Greenhouse $ 996.48 $ 1045.44
I 125 Chemical Applicators, Commercial $ 1730.00 $ 1815.00 Grain & Seed Elevators, Garages and Gas Stations
J 24 Lumber Mills $ 332.16 $ 348.48
K 135 $ 1868.40 $ 1960.20
L 75 Grocery Stores & Convenience $ 1038.00 $ 1089.00
M 150 Stores, and Special Categories $ 2076.00 $ 2178.00
N 450 $ 6228.00 $ 6534.00
O 4 Residential B Motels: Each Unit $ 55.36 $ 58.08
P 1.2 Residential B RV Parks: Each Unit $ 16.60 $ 17.42
Per CYY
Animal Carcasses over 100 pounds (per carcass) $ 34.07 $ 34.07

**CYY means cubic yards per year. The budgeted cost per CYY for landfill would go from $11.60 to $12.17 and per CYY for total landfill and collection costs would go from $13.84 to $14.52.

Brush/Lawn Debris - 6 yds/day at monitored sites (over 6 yds goes to landfill) Fee is .04 cents per lb.
Brush/Lawn Debris - Landfill 6 yds per day. (Over) Fee of .04 cents per lb.
Demolition/Construction Debris – For public/private party – Up to 1 yard per day is free. Excess of 1 yard per day is charged the commercial fee rate.
Garbage - Over 6 yds, Fee of .04 cents per lb.

Commercial/Public
Stumps @ .04 cents/lb. Concrete @ .06 cents/lb. Small Tires up to 22” @ $2.24 each. Lg Truck (semi) Tires @ $8.96 each. Oversized (Skidder/Tractor) @ $44.80 each.

Flip to scale - Charge by the lb. (Commercial) Wood Debris @ .04 cents/lb. Yard Debris @ .04 cents/lb. Light Demo @ .06 cents/lb. Heavy Demo @ .18 cents/lb.

Commissioners reviewed claims for payment. Fund totals are as follows:

Current Expense $ 48,954.41
Road & Bridge 38,269.46
Airport 11,965.06
District Court 7,055.51
Justice Fund 35,632.74
911 Funds 4,036.42
Indigent & Charity 13,024.51
Junior College 150.00
Parks and Recreation 4,317.70
Solid Waste 78,903.36
Veterans Memorial 68.02
Weeds 15,749.90
Restorium 19,983.68
Waterways 256.40
Grant, Selkirk Coop Weed Mgmt 980.05
Grant, Boat Safety 669.57
Grant, Fire Mitigation 34,475.00

TOTAL $314,491.79
Trusts
Boundary Co. Drug Court Trust 387.52
Driver’s License Trust 12,852.00
Interlock Device Fund 62.50
Motor Vehicle Trust 145,217.41
Sheriff’s Trust Fund 360.20
Odyssey Court Trust Account 31,408.85
Odyssey Bond Trust Account 20,000.00

TOTAL $210,288.48

GRAND TOTAL $524,780.27
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2020-2021).

Commissioner Bertling moved to sign Certificates of Residency for Xavier Naranjo, Alissa Colegrove, Joy Fields, and Zoey Leyden. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.

Chairman Dinning returned to the meeting.

Commissioners tended to administrative duties.

10:34 a.m., 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.

*Please see Boundary County Ambulance Service District Governing Board meeting minutes*

11:29 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District and to reconvene as the Board of Boundary County Commissioners. Commissioner Bertling second. Motion passed unanimously.

Commissioners recessed for lunch at 11:30 a.m.

Commissioners’ meeting scheduled for 1:30 p.m. was cancelled.

2:00 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.

Commissioner Cossairt moved to sign the DBT Transportation Services Aviation Support and Maintenance Services Order Summary for Boundary County Airport’s all-weather observation services for a cost of $6,900.00. Commissioner Bertling second. Motion passed unanimously.

2:25 p.m., Restorium Administrator Karlene Magee joined the meeting.

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 2:46 p.m. No action was taken.

Ms. Magee discussed matters pertaining to the Restorium being an assisted living facility versus a memory care facility and the regulations for separating residents who have dementia or alzheimers from residents who don’t. The Restorium used to have a pole curtain for separation, which has been removed, but in that same area Ms. Magee said she could put up a wall to divide the dining and family room down the middle. Ms. Magee explained how to divide the facility to accommodate both types of residents. Chairman Dinning questioned why the county couldn’t use the curtain rather than build something solid and he asked if the Restorium is being given one year to have a plan in place. Ms. Magee said she’s not sure how long the extensions are for making adjustments, but she thought it was one year. Residents will have to switch rooms, but there is also a plus side to that. Sunset Home is not going to be a memory care facility so the Restorium would be the memory care facility for the county, according to Ms. Magee. The rate for memory care could be higher and Ms. Magee contemplated staffing needs. Commissioners mentioned not wanting to limit the Restorium to one type of resident as they would like to have the facility be available to both types of residents, those with memory issues and those without.

Ms. Magee informed Commissioners that she resolved the call button issue at the Restorium. Ms. Magee said she found the instruction manual for the call system and learned there is a button on the back of the current call system that she was able to deactivate. The state’s rules are written that she should be able to use the current system until it no longer works, at which time she will need to get a new system.

The meeting with Ms. Magee ended at 3:00 p.m.

Commissioners tended to administrative duties.

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

***Tuesday, August 10, 2021, at 1:30 p.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Tim Bertling and Deputy Clerk Michelle Rohrwasser. Commissioner Wally Cossairt was out of the office attending a meeting with the Road and Bridge Department and Innovate regarding the county’s addressing process.

1:30 p.m., Commissioners met at the County Annex Building to hold the continuation of the public hearing to consider Planning and Zoning Applications #20-072 and #21-033 for a Comprehensive Plan and Zone Map amendment filed by Applicant LMJPNP, LLC. Present were: Chairman Dan Dinning, Commissioner Tim Bertling and Deputy Clerk Michelle Rohrwasser. The hearing was recorded.

Chairman Dinning stated that today’s public hearing needed to be continued to allow time to receive information from the Federal Aviation Administration. The hearing will be continued to Tuesday, September 7, 2021, at 2:00 p.m.

Commissioner Bertling moved to continue the public hearing to consider Planning and Zoning Applications #20-072 and #21-033 for a Comprehensive Plan and Zone Map amendment filed by Applicant LMJPNP, LLC., to Tuesday, September 7, 2021, at 2:00 p.m., to be held at the County Annex. Chairman Dinning yielded the chair to second. Motion passed unanimously.

The hearing ended at 1:34 p.m.

There being no further business, the meeting adjourned at 1:34 p.m.

________________________________
DAN R. DINNING, Chairman

ATTEST:

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

Date: 
Monday, August 23, 2021 - 15:15
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