***Monday, December 28, 2020, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioner-elect Tim Bertling joined the meeting.
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 contacted Commissioners via conference call to give the department report. A written report was provided. Ms. Nelson and Mr. Morris discussed salting and sanding roads, and possibly brushing them in between. It was said that three Road and Bridge employees worked the weekend shift. Commissioners asked about rotating shifts and Ms. Nelson and Mr. Morris said they will start the weekend shift January 4, 2021.
Ms. Nelson asked the status of the grader financial documents. The letter from John Deere that is to state no travel related costs will be incurred by the county if a service technician is needed should arrive sometime this week.
Ms. Nelson discussed the Local Road Mileage Report/Highway User Report. Information on gravel, dust abatement and chip seal has been updated. A question was raised on the types of surface payments. It was said this report is due by February 1, 2021. Commissioners will add it to their agenda for Monday, January 4, 2021. Commissioners also requested a copy of the map showing the mileage.
Pat Whalen and Mike Kennedy with Intermax Networks joined the meeting.
Commissioner Cossairt moved to sign the Annual Road and Bridge Financial report. Commissioner Kirby second. Motion passed unanimously.
Ms. Nelson discussed having received the first request for a variance to the Road Standards Ordinance from Dayton Skrivseth. Mr. Skrivseth submitted his request and payment and according to the variance, Ms. Nelson is supposed to let Commissioners know and scheduled a public hearing.
Those present discussed a request for a private road name. It was said the approach and new road name will need to be taken care of prior to finalizing the plat.
Ms. Nelson informed Commissioners that additional match is needed for the Ruby Creek #2 Bridge project. Discussion regarding this cost was held on December 26, 2020, and Commissioners made a motion to approve the additional match funds needed. Ms. Nelson said this match is now being requested. There is also justification for the cost of $1,394.60 for additional administration. Ms. Nelson said there is also a request for additional match in the amount of $33,856.20 for the Trout Creek Bridge project. Ruby Creek Bridge #2 is a federal aid project, but this is the case where a temporary bridge was needed as the existing bridge wasn’t going to hold.
Ms. Nelson commented that as it pertains to the Ziply Fiber’s claim for damage, the claim doesn’t list an email address and she has called the other phone numbers, but has yet to hear back from anyone.
The call from Ms. Nelson and Mr. Morris ended at 9:20 a.m.
Commissioner Cossairt moved to reappoint Brion Poston to Waterways Board with a term to expire January 2023. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Certificate of Residency for Stephanie Chase. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to cancel taxes for year 2020 in the amount of $313.46 and $3.20 in late fees for parcel #RP60N01E080041A due to error. Commissioner Kirby second. Motion passed unanimously.
9:29 a.m., Kevin Lederhos with EL Internet joined the meeting via conference call.
Commissioner Cossairt moved to adopt Resolution 2021-4. A resolution approving unfunded mandate legislation with the State of Idaho. Commissioner Kirby second. Motion passed unanimously. Resolution 2021-4 reads as follows:
RESOLUTION 2021-4
APPROVING UNFUNDED MANDATE LEGISLATION
WHEREAS, Boundary County is a political subdivision of the state of Idaho,
WHEREAS, Boundary County derives its powers and authorities from the Idaho Constitution and Idaho Code as enacted by the Idaho Legislature, and
WHEREAS, the programs and services carried out by Boundary County on behalf of its citizens are mandated by Idaho code, and
WHEREAS, the cost of providing state mandated programs and services is only partially paid for by shared state revenues, and
WHEREAS, the Idaho Legislature has granted counties taxing authority to fund county programs and services, and
WHEREAS, underfunded and unfunded state mandated county programs and services have increased property taxes, and
WHEREAS, there exists a need to curb the practice of imposing underfunded or unfunded state mandates on local governments, and
WHEREAS, in the absence of adequate state funding, the Idaho Legislature has not allowed political subdivisions to reduce or discontinue state mandated programs or services, and
WHEREAS, state mandated services may displace local revenues that would otherwise be dedicated to other essential local governmental priorities, and
WHEREAS, there exists a need to ensure the state of Idaho adequately funds the costs incurred by political subdivisions in complying with state laws, rules, and regulations that mandate local government programs and services, and
WHEREAS, to strengthen the partnership between the state of Idaho and its political subdivisions,
NOW, THEREFORE, BE IT RESOLVED that the Board of Boundary County Commissioners calls for the Idaho Legislature and the Governor to pass legislation to prohibit the imposition of responsibility for new programs or increased levels of service under existing programs on any political subdivision of the state unless the subdivision is fully reimbursed by the state for the costs of the new programs or there is an increase to funding capacity. Reimbursement by the state may be made by: (a) a specific appropriation or (b) increases in state distributions of revenue to political subdivisions.
PASSED this 28th day of December, 2020.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/____________________________
Dan R. Dinning, Chairman
s/_____________________________
Wally Cossairt, Commissioner
s/_____________________________
Walt Kirby, Commissioner
ATTEST:
s/_________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #284927
9:30 a.m., County Civil Attorney Tevis Hull joined the meeting via conference call.
Attorney Hull said the county received a document having to do with a notice of discrepancy regarding Intermax complying with terms of State of Idaho CARES Act Broadband grant. This letter was forwarded to the county. Attorney Hull said he forwarded the letter to Mr. Kennedy with Intermax and the issue is whether or not the projects that were done by Intermax were actually operable. Attorney Hull said he asked that Mr. Kennedy address those issues and provide a written response, which he did. There were five areas of concern as to if there were licenses for those areas that are approximately 35 files from Canada. Mr. Kennedy has replied that four of the projects had four separate licenses and the project that was within the 35 mile range from Canada was on an unlicensed frequency, which makes it operable; it just doesn’t have its own licensed frequency there. This is understanding that Intermax will work to obtain a license, but the system is operable.
Mr. Kennedy added that the reality is that Intermax had gone through this process to make sure they were operable and are up to speeds so the letter they sent responds to that and he added that Intermax are operating legally in licensed and unlicensed frequencies.
Mr. Lederhos said going into this he doesn’t know what Intermax applied for; it’s just based on the notice from the Federal Communications Commission (FCC). Mr. Lederhos said with that notification, it put them on notice as they try not to walk on each other as it pertains to frequencies. Mr. Lederhos said from what he heard is that Intermax has stated that all equipment turned in for this grant was not turned in on a licensed frequency. Chairman Dinning said the letter states there are four existing licenses and the one license Intermax has applied for, but it is still operating on an unlicensed frequency. Attorney Hull said when this was brought to our attention, we did our due diligence to make sure systems are operable and he’s satisfied that this has been taken care of from the county’s standpoint. Attorney Hull commented on getting payments out to EL Internet and Intermax.
Clerk Poston said she was instructed by the State to hold funds until this process was discussed and verified so she would like authorization to release funds. Clerk Poston added that she did receive notification for the last two projects and they’ve been approved by the Department of Commerce so it will take a week to get those funds.
Commissioner Cossairt moved to authorize payment for the following State of Idaho CARES Act Broadband projects: #4228, #4227, #4226, #4134 and #4246. Commissioner Kirby second. Motion passed unanimously.
Mr. Kennedy and Mr. Whalen left the meeting at 9:41 a.m.
Mr. Lederhos ended his call.
Attorney Hull informed Commissioners that Garvin Williams has filed a variance application for the concrete slab so that matter will go through due process with Planning and Zoning.
9:45 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Dan Dinning “aye”, Commissioner Wally Cossairt
“aye” and Commissioner Walt Kirby “aye”. Motion passed unanimously. The executive session ended at 10:00 a.m. No action was taken.
Attorney Hull ended his call at 10:00 a.m.
10:05 a.m., Treasurer Sue Larson joined the meeting to discuss a tax matter Treasurer Larson informed Commissioners that there is a shortage for the Paradise Valley Fire District in the amount of $184.00 and the City of Bonners Ferry has a shortage of $854.38. Treasurer Larson said she is going to write these two taxing districts a letter regarding this, but she wanted to let Commissioners know what is going on. Treasurer Larson explained that when the levy is set the values are also set, except for the subroll, which includes transient personal property and new construction, and that is an estimate.
Chairman Dinning asked what funds the county is getting at the state pool and he commented that Commissioners are looking into using the landfill closure fund to purchase equipment for the landfill. Treasurer Larson said the diversified bond fund is better than the state pool right now, but she would have to look. Treasurer Larson commented that tax collection for December is at 37.97% for unpaid for 2020 taxes, including the June payment, too. This year’s collection is comparable to last year, but a bit better, according to Treasurer Larson.
Treasurer Larson left the meeting at 10:13 a.m.
There being no further business, the meeting adjourned at 10:22 a.m.
_______________________________
DAN R. DINNING, Chairman
ATTEST:
______________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk