***Commissioners did not meet the week of February 4, 2019, as they were attending the Idaho Association of Counties Annual Mid-winter Conference in Boise.

***Monday, February 11, 2019, 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.

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

Commissioner Kirby moved to approve the minutes of January 28 & 29, 2019. Commissioner Cossairt second. Motion passed unanimously.

9:30 a.m., Commissioners attempted to contact County Civil Attorney Tevis Hull via telephone, but he was unavailable.

Commissioner Cossairt moved to reappoint Patrick Gardiner, Phil Allegretti and Tim Dillin to the Boundary County Noxious Weed Advisory Board with terms to expire January 2022. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to reappoint Darron Branson and Genny Hoyle to the Boundary County Waterways Advisory Board with terms to expire January 2022. Commissioner Kirby second. Motion passed unanimously.

During Commissioners’ regular session on Tuesday, January 29, 2019, Commissioners made a motion to grant an extension of time to pay year 2018 taxes for parcel #MH61N01E307200A and to accept the first half of the tax amount due by March 1, 2019 and to accept the second half of the tax amount due by April 30, 2019.

Commissioner Cossairt moved to grant an extension of time to pay year 2018 taxes for parcel #MHM0130000022VA and to accept monthly payments of $25.00 starting March 1, 2019, until the tax amount due is paid in full. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for parcel #MH60N01W032702A and to cancel solid waste fees, translator fees and late fees totaling $163.08 for tax year 2018 as the mobile home is no longer livable. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to approve the New Private Road Name Request Form for Douglas Lane. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2019-8. A resolution increasing the Justice Fund Sheriff Budget due to receipt of unanticipated revenue. Commissioner Kirby second. Motion passed unanimously. Resolution 2019-8 reads as follows:

RESOLUTION 2019-8

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 2018-2019, and

WHEREAS, Boundary County has received $15,091.85 from the State of Idaho, Idaho State Police as reimbursement for a LiveScan fingerprint machine for the jail,

WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2018-2019, 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 08-02-899-00, Capital-Other, in the amount of $15,091.85, 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 08-02-899-00, Capital-Other, in the amount of $15,091.85 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 11th day of February 2019

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 #276780

Commissioner Cossairt moved to ratify approving the Waterways Board in their submittal of the 2019 Idaho Wild Rivers Grant application. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign the Idaho Department of Lands Memorandum of Understanding and associated documents for the Temple Deer Dawson Project once the documents have been corrected to show them in Boundary County’s name. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Memorandums of Understanding with T-O Engineering for engineering and planning and for the Master Agreement for Professional Services for the Boundary County Airport, upon approval of the county civil attorney. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign Certificates of Residency for Ryan Keller, Jacob Wilson and Emmaline Pinkerton. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the No Spray Weed Control Agreement for Mary Kate McKerney. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning stated that Commissioners will continue the motion to sign the Findings and Decision for Planning and Zoning Application #19-023 to later today when Planning and Zoning Administrator John Moss meets with Commissioners as they don’t have the document yet.

Chairman Dinning explained that when Greg Sprungl was Boundary County’s Sheriff he had applied for a grant that allowed some of the funds to be used by Bonner County. Bonner County had purchased equipment, a Pinzgauer and they now want to transfer it to another county, but they need permission from Boundary County. Bonner County Commissioners will send us a letter to sign regarding the Pinzgauer, according to Chairman Dinning.

Commissioner Kirby moved to cooperate with Bonner County and authorize Chairman Dinning to sign a letter authorizing the transfer of Bonner County’s Pinzgauer to another county. Commissioner Cossairt second. Motion passed unanimously.

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

Current Expense $ 74,614.27
Road & Bridge 67,426.00
Airport 12,713.80
District Court 5,749.55
Fair, County 50,400.00
Justice Fund 48,035.01
911 Funds 3,485.53
Health District 14,304.25
Historical Society & Museum 21,000.00
Indigent & Charity 27,693.24
Junior College Tuition 850.00
Parks and Recreation 2,213.62
Revaluation 179.50
Solid Waste 20,612.48
Tort 1,436.10
Veterans Memorial 112.97
Weeds 1,101.69
Restorium 22,941.96
Waterways 1,187.86
Grant, Airport 9,547.20
Grant, Emergency Communication 31,100.00

TOTAL $416,705.03
Trusts
Auditor’s Trust - *Misc. 21.19
Boundary Co. Drug Court Trust 153.12
Driver’s License Trust 13,003.40
Motor Vehicle Trust 259,094.92
Sheriff’s Trust Fund 303.35
Restorium Memorial Trust Fund 1,116.25
Playground/Ice Rink Trust 55,036.00
Odyssey Court Trust Account 36,091.50
Odyssey Bond Trust Account 3,747.50
Odyssey Restitution Trust Acct 1,196.58

TOTAL $369,763.81

GRAND TOTAL $786,468.84

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2018-2019).

10:00 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone to update them on various documents he is working on. Chairman Dinning asked about the status of the two agreements from T-O Engineering. Attorney Hull said he has a few more things to review.

Chairman Dinning said last week the City of Moyie voted to go out for a bond election in May for the sewer feasibility study. Clerk Poston said prior to last November is when the upcoming elections were to have been listed and for the City of Moyie Springs, their only election listed is in November. Attorney Hull said he would contact Clerk Poston.

Attorney Hull said as it pertains to the easement on the Felsted property, he has not received the document from Attorney Brent Featherston yet so he will send him an email. Chairman Dinning said Commissioners want the document to be correct as snow is getting pushed onto the county’s proposed property.

The call to Attorney Hull ended.

Commissioner Kirby moved to approve the minutes of January 21 & 22, 2019. Commissioner Pinkerton second. Motion passed unanimously.

Deputy Clerk Nancy Ryals joined the meeting at 10:14 a.m.

Those present reviewed funding and invoices associated with the regional sewer feasibility study project.

10:18 a.m., Boundary Economic Development Director Dennis Weed joined the meeting.

Mr. Weed said he spoke to Deputy Clerk Ryals about the invoices from Keller Associates for the sewer study. The study will be finished soon and will be closed out. Chairman Dinning asked if any more costs are coming in as they are now at $132,000. Mr. Weed said he didn’t think so and he added that if the City of Moyie Springs votes to go forward with the project, all feasibility costs will be covered. The Department of Environmental Quality (DEQ) pays off that feasibility study cost if the City of Moyie Springs goes out for a bond and he had verified that so all of that cost goes back. Clerk Poston questioned funds coming in if the City of Moyie Springs moves forward. Mr. Weed said just the county gets reimbursed. The City of Moyie Springs made a formal motion to go to bond in May and they’re going to make a vote for a bond attorney. If they go for a bond, it is just Moyie Springs. Chairman Dinning asked where the county ties in. Mr. Weed said if the county moves forward, do Commissioners want a district? Chairman Dinning said it would be a district outside of Moyie Springs as they would handle their own sewer. Clerk Poston said the county doesn’t have a district so only Moyie Springs can vote on it. Chairman Dinning said that is correct, the City of Moyie Springs can only vote on their portion. Mr. Weed said he will speak with the Moyie Springs City Council about setting the agenda. Mr. Weed said DEQ was pushing for the City of Moyie Springs to move forward due to the non-conformance issue and that is where the matter was left last Wednesday. If the vote in May is positive, we will have to come back and regroup and discuss a district. Mr. Weed said he would like to see Moyie Springs’s system expanded. Chairman Dinning said he’s just worried about the county’s end and how this meshes together. Chairman Dinning said with the close-out we will have a report to receive the other $25,000 from the Department of Commerce GEM grant.

Mr. Weed said the Economic Development Advisory Board meeting is on Monday and he would like to discuss the sewer project in a broader scope as well as discuss matters pertaining to Cabinet Mountains Water.

Mr. Weed said Shopko is closing due to company bankruptcy. For current companies that would be looking at that building, they would want to split it as they don’t need all that square footage. Compared to the square footage of the former Harvest Foods Grocery Store Shopko is larger.

Mr. Weed informed Commissioners that Fatbeam is looking at their schedule to get a local area network (LAN) by June 1st for schools. Then on September 1st, the network will connect to Sandpoint and officially be up and running. Mr. Weed said he had contacted Intermax and they are interested in getting the service to any high density area in the county. If the LAN is connected to the armory, it would have a higher reliability, less cost, etc. Clerk Poston said before she changes anything for the courts, she would like the court personnel to talk with someone about it, but the county may be under contract with Frontier at this point. Mr. Weed said the wholesale price for Fatbeam is $800 month and he is assuming Frontier is quite a bit higher. Mr. Weed informed Commissioners that he’s looking at areas such as Paradise Valley, just outside city limits for one gig services. Those present listed various possible high density locations in the community and which areas may need the service most, such as Three Mile toward Moyie Springs.

10:37 a.m., Members of the Sick Leave Bank Committee Tracie Isaac and Chairman Tad Brown joined the meeting. Mr. Weed remained at the meeting.

Chief Deputy Clerk Isaac said the hours in the sick leave bank are up to 5,409 and a person can have a total of 520 hours from the sick leave bank, which equates to three months. This year Boundary County has had three employees need hours from the sick leave bank, which is unusual as it is usually a lower number. There are approximately 75 employees who are members of this bank and the employees have to work fulltime to be eligible. Existing members contribute four hours per year to the bank and new members contribute 16 hours their first year. Mr. Brown said he prefers not to cap the hours in the sick leave bank because it’s a bank and certain circumstances can use up those hours. Donated hours should stay at four, according to Mr. Brown. Commissioners agreed to leave the sick leave bank as is.

The meeting with Mr. Brown and Chief Deputy Clerk Isaac ended at 10:44 a.m.

Commissioners and Mr. Weed resumed their discussion on internet and locations.

Mr. Weed said as he visits with various local businesses, a lot of them are doing well.

Tom Kelley, the new Idaho department of Commerce Director will be visiting Bonners Ferry soon.

The meeting with Mr. Weed ended at 10:53 a.m.

11:00 a.m., Commissioners held a public hearing to consider Planning and Zoning Applications #18-119, #18-120 and #18-130. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, and Blue Sky Broadcasting News Reporter Mike Brown. No other members of the public were present. The hearings were recorded.

Chairman Dinning stated that hearings will be addressed in order and they consist of recommendations to amend Ordinance 2018-1, which is adopted with the title 9B18LOV1. Approved changes will be placed into the next ordinance, which will be titled 9B18LOV2. Commissioners reviewed the public hearing procedures and Chairman Dinning stated that because this is a legislative matter, conflicts of interest do not apply.

Commissioners asked Mr. Moss to provide his staff report. Mr. Moss addressed Application #18-119 and he said the application was originally presented with definitions for structure and modification, but it was problematic in its presentation so Commissioners had asked the Planning and Zoning Commission to review the application for reconsideration. Application #18-119 represented that change and other changes to clean up language in the ordinance overall and a majority of those changes are typographical. A number of changes have taken place in the ordinance over the years and some are strictly changes to update it, according to Mr. Moss. Appendix #1 are the changes for application 18-119, some of which are obvious. There is reference to the Comprehensive Plan that had been adopted June 1, 2008, and it’s updated to reflect that the Comprehensive Plan was renamed 9B18CPV1 on December 11, 2017.

The second change is to state that once Ordinance 9B18LOV2 is adopted, it will supersede Ordinance 9B18LOV1 and all amendments thereto. The next change removed a phrase where a parcel is created by a variance. A parcel of record will be defined and will say that a parcel was created by conveyance and that as a parcel created by variance is no longer a parcel and it hasn’t been done for a long time. Chairman Dinning said if it had been done, will it be recognized, but it hasn’t been done since the #99-06 Ordinance so that statement should’ve been removed a long time ago. Mr. Moss explained the next change that pertains to Planning and Zoning’s online references for selecting the Comprehensive Plan, etc., and it helps make sense for its reference location. In addition of the term called permanent, which by definition is to remain in place, but as this term is used here for setbacks, it needs the definition. The setback definition was changed to regardless of use, as setback applies to everything; not just a residential structure. Chairman Dinning clarified that it also refers back to the definition of permanent.

Section 2.62., refers to structure as a man-made structure intended for permanent placement and this takes care of things like outhouses.

Section 3.2., refers to continuation of offices and initially it referred specifically to Ordinance 99.06, but the change is to state, “current Boundary County Ordinance” so it’s not tied to a certain ordinance. Mr. Moss said other typos have been fixed. Mr. Moss said the change to Section 4.1.3. has to do with misdemeanors in failure to comply with structure placement requirements and it just provides clarification.
Section 7.6.1. relates to conditional use permits and it clarifies that documentation to be submitted with a conditional use permit must be accompanied by a will service letter from utilities. Chairman Dinning clarified that this only applies where utilities are available. The applicant has the responsibility on the forms provided by the Planning and Zoning Administrator to show that the proposal meets provisions.

Section 10.3.1. pertains to all freestanding advertising signs. The addition of this statement was necessary as there are two incidents that occurred and one person wanted to place a sign on the other side of the road and the Idaho Transportation Department (ITD) did not allow that. Chairman Dinning said the county went through quite an issue with a commercial area and what signage was allowed there and because the area in question was in International Selkirk Loop corridor, ITD said they tried to fine this individual even though the sign placement was allowed by county. This issue has since been taken care of, but had that language been in this ordinance at that time, this property owner would’ve been out of luck. The county’s ordinance allowed a commercial offsite sign, but because it fell within the Selkirk loop, ITD said it violated the Selkirk Loops’ requirements, but eventually that area or the impacts of the loop was removed. Chairman Dinning reiterated that had this language been in place, this would’ve overridden what the county allows. Chairman Dinning said he doesn’t want the county to give away the authority over sign placement. Chairman Dinning said the county can adopt this application with that portion taken out and Mr. Moss agreed.

Mr. Moss said the next section pertains to county weed control inspections at junkyards. Mr. Moss added that prior to permit approval of a junkyard, a noxious weeds analysis would be conducted of the site. The change is that Boundary County Weed Control will establish a weed control plan before approval of the permit and Mr. Moss said there isn’t a provision for weed control and this is only for junkyards.

The next change is for the definition of variance and it is defined as modification of placement in the ordinance and the definition should not include lot size. The mention of family gift provision that allowed parcel size manipulation was removed. The lot size is a function of a zone and a variance is set, it’s a variance of the ordinance. The provision for variance negates the purpose of a zone. County Civil Attorney Tevis Hull agreed to remove this, according to Mr. Moss. Chairman Dinning started to say that if he had 10 acres in the ag/forest zone, and the county road cut the property in half, but Mr. Moss said you can’t do that, you can only do that as Clarke Fairchild did. Chairman Dinning said theoretically it would be a spot zone. A property owner can request a variance or parcel line adjustment or they can request a variance. Mr. Moss said yes, as long as it doesn’t go below minimum lot size.

Chairman Dinning said going back to inspections for weed control, there should be a fee involved for the inspector’s time. This is just thinking ahead about why the county taxpayer should pay for the cost of this inspection. Such as the fees to post properties, etc.

Section 15.7.1., has to do with the existing situation where private individuals having forestry land have not rezoned that land to ag/forest or other more suitable zones. Attorney Hull had approved this also, according to Mr. Moss.

Section 17.2.3.1 is the same change as 17.4.1. Mr. Moss clarified that this has to do with non-conformance. They’re parcels of record, structures of record and uses of record and all three reference the 1999 date. Section 18.2.4.2., just corrects a typo.

Mr. Moss said the next change is in the event of a lack of quorum and it just corrects a typo.

The section on parcel line adjustments has to do with the requirement that every parcel has to have an access so it’s not landlocked. Chairman Dinning asked about parcels that use Forest Service accesses, such as turning off a county road onto a Forest Service road to get to their property. Chairman Dinning said it’s the applicant’s obligation to show that they have access and he added that it should not be the county’s responsibility to show access. Chairman Dinning said the county is not concerned with this beyond the county road. Mr. Moss agreed.

The next change adds that if a parcel line adjustment is approved and a subsequent adjustment is requested by same person, it needs to be platted and can’t be piecemealed.

Section 20.5.3., has to do with parcel line adjustments and not simple parcel divisions.

Chairman Dinning said that was the opening statement and staff report. Commissioners had no questions. Chairman Dinning called for testimony from public against, uncommitted and in favor of the application. No one spoke. Commissioners closed the hearing to public comment and called for discussion.

Chairman Dinning said his concern is Section 10.3.1 and taking out reference to ITD’s authority regarding sign placements. There was no other discussion.

Commissioner Kirby moved to approve Planning and Zoning Application #18-119 to amend Ordinance 9B18LOV1 with all changes shown and with the removal of the proposed change for Section 10.3.1 that says all sign placement is subject to ITD regulation and all signs are to be placed on property outside of easements/rights-of-way related to county roads and/or state highway. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.

The hearing for Planning and Zoning application #18-119 ended at 11:45 a.m.

Commissioners held the hearing for Planning and Zoning Application # 18-120. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, and Blue Sky Broadcasting News Reporter Mike Brown. No members of the public were present. The hearings were recorded.

Mr. Moss provided his staff report and he explained that this application had been approved in a prior hearing, but he is providing the changes again for this hearing. Mr. Moss explained that he couldn’t print out information as he would’ve liked, but the reference to the term “Image” represents the current code and the reference to the term “Map” represents the changed code. Mr. Moss mentioned the statement that conditional use permits run with the land to which they attach, and continue in effect for the life of the use established and adding that to Section 12.3. Mr. Moss also discussed bringing a variance in line as opposed to having the next landowner get the next variance. It’s proposed that the variance permit runs with the land to which it’s attached and continues in effect for the life of the variance established. Mr. Moss commented on typos that would be corrected. Chairman Dinning said the largest change is that the variance runs with the land and Mr. Moss agreed. It was mentioned that Commissioners are holding a hearing on Application #18-120 again as the process to finalize the changes did not take place.

Commissioners had no questions. Chairman Dinning stated that there is no need to call for public testimony as no one from the public is present.

Commissioner Cossairt moved to approve Planning and Zoning Application #18-120. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.

The hearing to consider Planning and Zoning Application #18-120 ended.

Commissioners held the public hearing for Planning and Zoning Application #18-130. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, and Blue Sky Broadcasting News Reporter Mike Brown. No members of the public were present. The hearings were recorded. This application is a legislative matter and conflict of interest does not apply.

Mr. Moss provided his applicant’s statement and staff report. Mr. Moss stated the same thing applies in how he had to present information under the titles of “Image” and “Map.” The changes in this application provide for the appointment, term of office and qualifications of Planning and Zoning Commission members. Next to the term “Image” is the current verbiage and next to the term “Map” is the proposed verbiage. The proposed change states that prior to the completion of the fourth year of a member’s term, a letter of intent to serve a subsequent term will be submitted to the Planning and Zoning Administrator and/or Chairman and the Board will vote. The Planning and Zoning Commission may also hold interviews to seek more interested parties or provide a recommendation and Commissioners can make a final decision.

Mr. Moss said consistent with the next page is Title 67 pertaining to the Planning and Zoning Commission member’s term of office. The governing board in this case is the County Commissioners who would receive recommendations from the Planning and Zoning Commission, who also have to do a simple majority vote. Chairman Dinning said in layman’s terms, currently a Planning and Zoning Commission member can only serve two terms and with this proposed change for an existing member who wishes to serve beyond those two terms, that can be considered with a simple vote and the Commission will still seek potential interested parties, or they can submit a recommendation for County Commissioners for final decision on extending the term. Commissioners had no questions.

Commissioners called for public testimony.

Mike Brown said he is not in favor or against the application, but he wondered if this requires a recommendation in favor of the appointment from the Planning and Zoning Commission before County Commissioners can approve the application. Mr. Moss said yes, from a procedural standpoint, the Planning and Zoning Commission makes a recommendation and that recommendation goes before the County Commissioners. If another applicant shows interest, that person can always visit with Commissioners about it. Chairman Dinning questioned someone wanting to continue serving on the Planning and Zoning Commission after having served the first four years, and he asked if an outside interested party can still present their application to the County Commissioners if the Planning and Zoning Commission does not vote for him. Mr. Moss said yes, there isn’t anything in the procedure that presets that so the application would be forwarded to Commissioners. So yes, there is no prohibition.

Commissioners closed the hearing to public testimony.

Commissioner Cossairt moved to approve Planning and Zoning Application #18-130. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.

The hearing to consider Planning and Zoning Application #18-130 ended at 12:00 p.m.

Commissioners tended to administrative duties.

12:40 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, February 12, 2019, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

9:30 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the departmental report. A written report was presented. Road and Bridge is working on brushing along District 5 Road, according to Mr. Kimball. Mr. Kimball brought up the Ruby Creek Bridge #1 repair bid packet.

Commissioner Kirby moved to go out to bid for structural repairs for Ruby Creek Bridge #1. Commissioner Cossairt second. Motion passed unanimously.

Mr. Kimball spoke of determining county rights-of-way on its roads and he informed Commissioners that there is someone who wants to log soon. Chairman Dinning said to be safe a prescriptive easement is 50 feet. Mr. Kimball said he thinks there is deed work on this road somewhere if he was able to research it. Chairman Dinning said in the interest of time, we don’t have deed width and it would take one month to get information back. Mr. Kimball spoke of cases in which the Local Highway Technical Assistance Council (LHTAC) has had to go to court over easement issues as not everyone has the same opinion of prescriptive rights-of-way. The gray area is who gets the trees, according to Mr. Kimball. Chairman Dinning said Commissioners would need to speak with Attorney Hull as he would probably like to see some deed work. Chairman Dinning said a person has a right to cross over an easement, not a right to the trees, but he’s not sure about a right-of-way. Mr. Kimball said he has looked over some of these easements and old easements over property, but it’s not his line of work. Chairman Dinning said in the meantime Mr. Kimball can use 50 feet. Mr. Kimball said if Commissioners are comfortable with that, so is he. Mr. Kimball said he will let the logging contractor know that Commissioners are looking into this.

Mr. Kimball said his mechanics have been busy and three sand trucks are broke down so everyone is busy.

The meeting with Mr. Kimball ended at 9:38 a.m.

Commissioners reviewed demand claims and work compensation premiums for payment.

Commissioner Cossairt moved to sign the Certificate of Residency for Kerrie Whitener. Commissioner Kirby second. Motion passed unanimously.

10:02 a.m., Commissioners considered a Hardship Exemption Application submitted by Helen Dennison for parcel #RP61N01E124700A. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Treasurer Sue Larson, and Applicant Helen Dennison, who participated via telephone. The hearing was recorded. Chairman Dinning administered the oath to Ms. Dennison.

Chairman Dinning informed Ms. Dennison that the only year Commissioners can address is the year 2015 taxes as that is what is putting her property in jeopardy of being tax deeded. The amount owing for year 2015 is $323.73, including late fees, etc. Commissioners and Ms. Dennison discussed information provided in her application to include health issues and the fact that her mobile home had burned down. Ms. Dennison informed Commissioners that she is living on the property in another home with her son, who is not employed. Those present reviewed Ms. Dennison’s information listed for income and expenses. Treasurer Larson said there are no Idaho Department of Lands’ fees so Commissioners can cancel the entire amount owing for year 2015.

Commissioner Cossairt moved to grant the Hardship Exemption Application for parcel #RP61N01E124700A for year 2015 and to cancel $323.73. Commissioner Kirby second. Motion passed unanimously.

The hearing to consider the hardship ended at 10:06 a.m.

Deputy Clerk Nancy Ryals joined the meeting at 10:10 a.m.

Commissioner Cossairt moved to accept the assignments to the Catastrophic Health Care Program on the following indigent accounts: 2017-20 in the amount of 89%, 2017-22 in the amount of 69%, 2018-4 in the amount of 63%, and 2018-5 in the amount of 45%. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting at 10:15 a.m.

Commissioners tended to administrative duties.

County resident Lee Pinkerton joined the meeting at 10:38 a.m.

Commissioners discussed a request made by Jacque Tanner who has a homeschool class and would like to use the courtroom to host a mock trial for her class. Commissioners said it would be okay to allow the use of the courtroom for this purpose unless a court matter comes up.

Commissioners tended to administrative duties.

11:00 a.m., Idaho Panhandle National Forest Supervisor Jeanne Higgins, Deputy Forest Supervisor Kim Pierson, Idaho Panhandle National Forest Executive Assistant Shoshana Cooper, Chris Swanson and Greg Hughes with U.S. Fish and Wildlife Service, Bonners Ferry Border Patrol Office’s Deputy Patrol Agent in Charge Matt Turner and Patrol Agent in Charge Coby Lane, Bonners Ferry District Forest Ranger Kevin Knauth, Metaline Falls Border Patrol Station’s Patrol Agent in Charge Rick Petrey, Department of Homeland Security/Customs & Border Protection/U.S. Border Patrol Assistant Chief Shelly Lubin, Blue Sky Broadcasting News Reporter Mike Brown, and county residents Doug Higgins, Lee Pinkerton and Chuck Roady joined the meeting to discuss matters pertaining to Bog Creek Road.

Chairman Dinning thanked everyone for coming and he explained how the community of Boundary County comes together when a matter like this issue occurs, adding that groups should come together ahead of the project’s alternatives coming out in order to determine what best meets the community’s needs. In this process certain things did not occur and the Forest Service’s four alternatives were dropped in Commissioners’ laps with only 30 days to respond. Boundary County Commissioners have really strived to move forward with how endangered species and management actions affect the community and we strive to support recovery from what it used to be. Chairman Dinning added that most of you in this room would remember having to have security personnel at these meetings, but his fear of the decision that will come down is regressing 30 years and he doesn’t want to see that. None of this has anything to do with Idaho Panhandle National Forest Supervisor Jeanne Higgins or Deputy Supervisor Kim Pierson as this issue had started before them and they have been up front about this.

Ms. Higgins expressed that she felt Boundary County, the City of Bonners Ferry and the Kootenai Tribe of Idaho did fine work in terms of developing an alternative for consideration in the environmental impact statement (EIS). The Forest Service is at a place where it’s getting ready to release the EIS and draft Record of Decision. The Forest Service has also been working hard in discussions of what is needed to support the Border Patrol and what they need to patrol the border as well as help grizzly bear recovery. The Forest Service and Border Patrol will issue a decision with the Border Patrol’s decision being based on funding to construct the road and the Forest Service’s decision is based on whether they can authorize funding to construct the road, if they can bring the grizzly bear up to standards with the recovery plan, etc.

For the all access amendments the bear management unit (BMU) does not meet motorized standards at this time and the alternatives analyzed needed to meet those standards. There were concerns about bears and access so the community came forward with an alternative and the Forest Service considered that alternative in the EIS. It was about providing public access east/west, but limiting the access that was more impactive to the bear. Other accesses and road configurations were reviewed, according to Ms. Higgins. Also provided was the Forest Service’s transportation analysis document, which intends to inform of these decisions. Another concern is whether to decommission or store the roads. The Forest Service did explore that again and most roads closed to motorized access will be put into storage. Ms. Higgins said short of the EIS other matters were analyzed and it became apparent to her and the Forest Service that even though those alternatives met access amendment standards, they didn’t all provide habitat requirements for grizzly bear. In consultation with the United States Fish and Wildlife Service they helped provide understanding for habitat components. Ms. Higgins said her decision space is very limited and she explained that there are other components to consider, such as private access in that if private property is surrounded by public land, the landowners have the right to access their property. All those things needed to be taken into account and it was not an easy process. What will be seen when the EIS and draft Record of Decision is released on Friday, is information that will start the objection process and this will allow those who provided comments to object to the decision.

11:30 a.m., Josh Uriarte with the Office of Species Conservation called to participate in the meeting via telephone.

Ms. Higgins updated Mr. Uriarte on the conversation to this point. The decision is a draft as it is very much tied to the Forest Service’s decision so it may need to change to compliment that. The Forest Service needs to decide on funding reconstruction of Bog Creek Road and work on meeting grizzly bear standards. The Blue Grass grizzly bear management unit currently does not meet the standards and road density, core, habitat, etc. must be met. Ms. Higgins said she explained the objection process for those who had provided comments. It’s a decision that aligns most closely with Alternative 3 and it will not change current open road access for the public. There would not be additional roads opened to public access. There will be modifications for roads opened to motorized access to assist in core habitat. Ms. Higgins mentioned access to private land and she said there are limitations in the number of trips taken from the east and the private land owners will have access to a portion of those trips, but they will have full unlimited access from the west. The draft Record of Decision acknowledges that the grazing permittee uses Grass Creek Road to salt their cattle and disperse them. Salting is very important work for the grazing permit and this person doesn’t have non-motorized means to do that so this will allow unlimited trips and this information will be seen in the draft. Blue Joe Creek and Bog Creek Road will be administratively open, but will not be open to the public. Whereas roads east are seasonally restricted and when bears are not denning and those have a certain number of trips during those seasons.

U.S. Border Patrol Assistant Chief Shelly Lubin was asked to comment. Assistant Chief Lubin said Bog Creek is very important to her, especially with its proximity to the border and to have the ability to investigate. In addition to mobility is the response time to that area. With a road closure, it takes four to five hours to get there and that is why we’re at the table. It’s a very important road to the Border Patrol for them to do their jobs.

Metaline Falls Border Patrol Station’s Patrol Agent in Charge Rick Petrey said that whole area north of Priest Lake is huge and it is very important to patrol the border like they need to. If there is someone on the west side of Bog Creek, it is about five miles, but it takes approximately five hours to get there. The Bonners Ferry station doesn’t get all the way to Bog Creek. Chairman Dinning said that doesn’t make sense to him. Patrol Agent Petrey explained access and how it can be easier for the Metaline Falls agents to get to that area than it is for Bonners Ferry agents. Mr. Pinkerton commented that access to Bog Creek is much quicker from the Bonners Ferry area, but over time demarcation has changed. There are some dividing lines that had to be drawn and since that time, the dividing line has changed based on the agent in charge, but Bog Creek is by far quicker to Metaline Falls in the summer. There is a strategic need to access that border and without the people risking their lives there is no need for a wildlife footprint. Chairman Dinning said Commissioners feel there should be no limit for the Border Patrol based on endangered species. Chairman Dinning added that he didn’t understand as in his mind he thought access was much easier from Bonners Ferry most of the time.

It was said the owners of the Continental mine will have unlimited access from the west as it’s considered an open road in road miles. The road to the east that comes out is an administratively open road. Ms. Pierson said it is seasonally restricted from the east. Chairman Dinning said in total road density, it’s counted as open. Chairman Dinning said the Forest Service has to consult with the U.S. Fish and Wildlife Service so they’re not the decision maker; as it’s driven by the U.S. Fish and Wildlife Service. Ms. Higgins said the Forest Service works in consultation with that agency on what is acceptable to that recovery, etc.

Chairman Dinning commented that the community says the roads are open from the road density standard and he asked if the Border Patrol cares if it’s a totally open road and the public has access. Agent Petrey said he cares about any person’s proximity to the border adding that it creates the possibility of increased smuggling, but if it’s the right person, they can be the eyes and ears for the Border Patrol. The Border Patrol is in the business of patrolling the border and that is it. If there is more traffic there, the Border Patrol will check that traffic.

Chairman Dinning asked Mr. Hughes why the community shouldn’t have access if the road is going to be created as an open road for road density miles. Chairman Dinning said if it’s administratively open or seasonally closed, as far as the road density standards, it still counts as open road miles in that fashion against road density standards. Ms. Pierson said it counts toward total motorized road density standards and they have to stay under a certain number. Chairman Dinning said the road the Forest Service is looking at not allowing public on is an open road and is still treated as an open road for road standards so what does he tell his constituents? Chairman Dinning said the public is shut out yet it counts as open motorized road so why should it not be open to public. Mr. Hughes said it is much more complicated than that, and he added that before Ms. Higgins and Ms. Pierson were involved, this road was looked at for national security purposes as open, but that didn’t happen and it got very complicated. The topic was discussed in year 2016 as a national security matter. The national security aspect is what they’re looking at as a group and there are things that caught them by surprise in the way of analysis. Mr. Hughes said he deals with the policy side of that. For national security there are permittees, private landowners, etc., and it adds a whole other complexity for everyone to deal with. Chairman Dinning said he understands that. Mr. Hughes said he’s going to guess overwhelmingly that comments made during the open house were in favor of opening the road to the public. The access from the west for the Continental landholder is horrible and adds six hours to the drive. Historically, that route from the east kept the prism of Bog Creek Road in place.

Chairman Dinning said now we’re coming down this road of, what does he tell the community as to why it’s called an open road when the public cannot use it? That is a question he has had for a longtime. We, as a Tribe, County and others looked at proposals and were told the Forest Service can close and store approximately 23 miles. The community supports bear recovery and supports what the Border Patrol does so he doesn’t want them to be blamed as this is national security. Chairman Dinning asked for help in understanding the access amendment and he said if the public cannot use it, the road shouldn’t be in the open road density percentage so how does that come about, because as a totally open east/west road that is shut down and the recommendation that we made and the alternative, meets the standards as totally open. Chairman Dinning said he is not understanding the science with bears, if this road meets standards as a totally open road, what is the thing that causes it to be closed to the public and what is the problem as it is treated as open road in every alternative? The community needs a win of some nature. Chairman Dinning said he would like to have that answer from the Fish and Wildlife Service somehow. Mr. Swanson said information on the Blue Grass bear management is known. The female survival drives the recovery of the population and that is shown as threatened. With that, human induced mortality is the number one risk for female bears and reproduction in that bear management unit (BMU) is important. If 57 trips were allowed from the east and if that was an open road, there would be more opportunity for more incidents to occur and affect female survival. It’s a good path and largely due to partnerships and cooperation. The bear responds to that presence and has sensitivities to that. Mr. Swanson said with the Bog Creek project is two prime areas and it’s very complex, but the concern is increased human-caused risks for bears that are producing cubs. Chairman Dinning said there have never been any bear problems. There is an inholding to the east and there have never been conflicts. The Border Patrol has been using those roads for 25 years and they’ve never had conflicts. Coming from the east should be allowed or unrestricted as it’s proven there are no conflicts. The public went in and out of that area until year 2006 or 2007 to when the border was shut and there is no conflict or mortality during the time prior to that so is this being used as a “what if” scenario as opposed to science? Chairman Dinning said it’s not certain if the Fish and Wildlife Service really understands the linkage to Canada as every road on the Canadian side is open. Chairman Dinning said again, what do Commissioners tell their community to justify what is occurring scientifically? Science is science and conjecture is conjecture. Commissioners felt the group came up with a good alternative that met everyone’s needs.

Chairman Dinning said from the Boundary Creek lawsuit to today he feels there is a system on the inholding in that whoever it is, the agencies want to eliminate the public from the landscape and make it difficult for them to access their land and this may just be another method. Chairman Dinning said this is not blaming, in any fashion, anyone in the room, but he just wants to be very careful where we go with this and in what we put on these inholdings and good people.
Commissioner Cossairt said to the Forest Service representatives that Chuck Roady, Mike Ripatti, etc., are people you want for your allies and if you treat them well, they will tell you what you want to know and you need them.

Commissioner Kirby said he has to echo the remarks of the other two Commissioners and Mr. Pinkerton. The people he knows who own property there will be crucified if they’re made to drive around. Commissioner Kirby spoke of the time he spent in that area and having not encountered bears while there. Chairman Dinning said he knows going over Saddle Pass is a whole different ball game. What is going on there now is not in the best interest of the county. Commissioner Kirby commented that he wants to do what is best for the community.

Commissioner Pinkerton said over the years, since the grizzly bear recovery zone has been established, it reversed back to road density standards and how that is established. Some open roads can still mean a closed road to the public. Open administratively still means a closed road to the public. How many years ago did this grizzly bear matter start and we are still closed out of that area? Mr. Pinkerton said he was logging on Blue Joe and Grass Creek and those grizzly bear numbers have not decreased; the only thing that has decreased is the number of miles. The road density standards, although they haven’t been met, but bears are increasing in numbers and road miles are decreasing. These closures were obviously done at a time when what the grizzly bears needed was not known. This whole conversation is about the different choices of what has been proposed and what is going to be put on the ground. This all goes back to flawed and faulty information on road density. With continued closure of miles and continued increase in bears, additional road closures are not needed, according to Mr. Pinkerton. If you’re calling a road closed, then it should be closed. Don’t call it an open road if it’s closed. Mr. Pinkerton said it used to take him an hour and fifteen minutes to get from Bonners Ferry to Bog Creek and he added that he wants to give the Border Patrol every asset they need to protect his family. Mr. Pinkerton said the access to Bog Creek is the quickest from Bonners Ferry. You can drive an hour and forty minutes through there and that is as a logger. For the Border Patrol, they need access and we need to help them. The grizzly bear mortality was due to a poacher on the east side and if the Border Patrol had been able to get there, the bear would still be there reproducing. The Border Patrol has everything to do with creating a situation that will eliminate crime of all kinds, not just border activity.

Ms. Higgins said the draft Record of Decision, subject to objection, and the EIS will be posted on Friday and then the 45 day objection period will end April 2nd. Ms. Higgins added that if there was an easy solution, the Forest Service would have come up with it, but they struggle how to balance this matter and she welcomes solutions. Ms. Higgins thanked Commissioners for their time and she said she is more than happy to answer questions. Chairman Dinning said nothing he has said in this meeting is personal and it’s just a monopoly or chess game that is played.

The meeting to discuss Bog Creek Road ended at 12:20 p.m.

Commissioners recessed for lunch at 12:20 p.m.

1:30 p.m., Commissioners reconvened for the session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Solid Waste Department Superintendent Claine Skeen, Assistant Foreman Eric Owen, Jim Jordan, Josh Gray and Brian Berger with Western States Caterpillar met with Commissioners to discuss the landfill’s existing compactor that had caught fire and is in the process of getting repaired. Commissioners were informed the compactor needs a completely new remanufactured motor and a rebuilt transmission. The quotes provided are for a worst case scenario as it’s not yet known what the damage to the inside is. It was said the county could be looking at $108,000 and that Mr. Jordan is here to refocus on a new machine. Mr. Jordan passed out information on a certified rebuilt machine and lease information. For a used machine the price is $534,000 with a 5,000 hour powertrain warranty. Western States Caterpillar will also offer a buyback of $100,000. It was said payments on a certified rebuilt machine are $106,000. A brand new machine would cost $675,000 with a balloon payment that is considerably higher at $305,000 putting annual payments at $99,000. This machine also has a governmental fail safe warranty. Chairman Dinning questioned if in both cases the county would not be building equity. Mr. Jordan said maybe a little equity, but by and large, that is correct. Mr. Skeen said he knows finances are the main thing, but there is the longevity of the landfill. With the existing machine, it will have two new components, but there are other components that will eventually need to be addressed. Commissioner Cossairt questioned if typically the time frame is the same for front and rear axles at 15,000 hours and Mr. Gray said yes.

Chairman Dinning said the Road and Bridge Department is leasing machines by the hour so is that something the landfill can also do. Mr. Jordan said he would need to look into that, but he thinks so. Chairman Dinning asked Mr. Jordan to look into that. Mr. Jordan said with looking at new equipment, the issue is availability and we’re looking in the seven to eight month range. In looking at the worst case scenario, it will cost $45,000 to fix the existing compactor’s transmission. A used certified machine is $106,000 with a balloon payment or buyback of $100,000. A new machine would cost $675,000 with annual payments of $99,000 with a buyback or balloon payment of $305,000 and the county would have no equity in either transaction. Mr. Skeen informed Commissioners that in the future, the front and rear axles and differentials will need to be addressed and that is $12,000 each. Mr. Skeen said he is putting approximately two to three hours on this machine per day.

Mr. Owen questioned why insurance isn’t covering the cost of the transmission issue if the damage was caused by the fire. Mr. Skeen replied that it’s because the county got the buyback salvage price for it. Mr. Owen asked if there could be other possible issues due to the heat and Mr. Gray and Mr. Jordan said no. Mr. Skeen spoke of needing new teeth on the existing machine and trying to recall what that cost would be. It was said the county will be into the existing machine approximately $105,000 by the time work is done to it.

Chairman Dinning said Commissioners will need to know that the pay for use payment details are before going forward. Those present discussed the cost of $5,000 in labor to work on the new machine and it should be approximately four weeks or so. If the work to this existing machine were to be cancelled, there would be a 20% restocking fee of $6,700 so sending parts back would cost approximately $10,000.

Mr. Jordan, Mr. Gray and Mr. Berger left the meeting at 2:01 p.m.

Those present continued their discussion on repairs being made to the current compactor, vacant positions, workers compensation insurance, etc. Mr. Skeen said he thinks the new solid waste fee structure will generate $10,000 more per year. Chairman Dinning informed Mr. Skeen that tire piles are producing an extremely rare mosquito and Phil Allegretti with Panhandle Pest Control may have a solution to kill the larvae. Commissioners asked about checking status of the landfill closure plan. Chairman Dinning commented that he has spoken of the report conducted by the Office of Performance Evaluations in relation to counties and other agencies so it may help. Those present discussed balers.

The meeting with Mr. Skeen and Mr. Owen ended at 2:30 p.m.

Commissioner Kirby moved to sign the Property Tax Cancellation form for parcel #RP61N01E124700A cancelling year 2015 taxes in the amount of $226.16, $6.67 in costs and $4.52 in late fees for a total of $237.35, plus current interest due to hardship. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Kirby moved to close the Courthouse at 4:00 p.m. due to heavy snowfall. Commissioner Cossairt second. Motion passed unanimously.

There being no further business, the meeting adjourned at 2:40 p.m.

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DAN R. DINNING, Chairman

ATTEST:

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GLENDA PSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk