***Monday, February 15, 2021, Commissioners did not meet due to the Presidents Day Holiday.
***Tuesday, February 16, 2021, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners held an elected officials/department heads meeting. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Assessor Dave Ryals, Sheriff Dave Kramer, Treasurer Sue Larson, Extension Educator Amy Robertson, Solid Waste Department Superintendent Claine Skeen, Road and Bridge Department Co-Superintendents Randy Morris and Renee Nelson, Chief Probation Officer Stacy Brown, Prosecutor Andrakay Pluid, Emergency Manager Andrew O’Neel, and Veterans Service Officer Ron Self.
Chairman Dinning asked those on the call to remember the safety protocols associated with COVID-19. The Governor’s Order now allows up to 50 people, but still encourages social distancing and masks.
Chairman Dinning stated that employees need to make sure their time sheets are legible and when turning in claims for payment they need to be turned in on time and not last minute.
Chairman Dinning discussed tax legislation and he said it looks like there will be some transparency that will need to go through the Comptroller Office.
Offices need to get ready for budgets and to review them when the Clerk sends out the information. Clerk Poston said she will send out budgets in April and by Idaho Code, they’re due back to her by May.
Commissioners went around the room for department updates.
Mr. O’Neel provided an update on the COVID-19 pandemic and associated policies in place. Mr. O’Neel provided statistics for COVID-19 cases in Boundary County to include the total case load, the number of people who have recovered and the number of people who have passed away due to complications. The situation is improving greatly as compared to last December where the peak was mid-January. Idaho is currently in Stage 3 of the Idaho Rebounds plan. On January 28th, Panhandle Health District renewed the order for face coverings for 90 days. On February 4th, Panhandle Health District reduced Boundary County’s COVID-19 exposure from severe to moderate. We’re at an 8% test positivity rate. For the five northern counties there were 27 people hospitalized. The highest number was 94 so now we’re at one-third 1/3 of the peak. We’re still seeing an average of three or four positive cases per day so people are still getting the virus, but at a much smaller rate.
Mr. O’Neel said currently Kaniksu Health is providing COVID-19 vaccines to the public. They’re still in the phase where only the general public aged 65 and older can get the vaccine, in addition to first providers. Medicine Man Pharmacy in Super 1 had been providing the vaccine, but they have since backed out due to the amount of work involved. Boundary Community Hospital is planning to start providing the vaccine and they will look at issuing 50 vaccines per week. Safeway is also planning to start providing vaccines, but it’s not yet known when that will happen. Currently, Boundary County is receiving 200 vaccines per week and those are currently being administered by Kaniksu Health. Panhandle Health District is planning a clinic at the fairgrounds starting the 25th of February. This clinic will be held every week on Thursdays. There are no available appointments left for February 25th. The clinic will administer the vaccine for up to 50 people per week and it’s by appointment only so no walk-ins. People can call the Panhandle Health District COVID-19 hotline, which is 877-415-5225 if they don’t have access to a computer. This information needs to get out to the public.
Mr. Wenk said he had nothing to report for the Noxious Weeds Department.
Mr. Morris said Road and Bridge is salting and sanding roads and waiting for the weather to warm up.
Mr. Self said everything at the Veterans Service Office is fine.
Mr. Buckley discussed surplus items and said any office that has items they want to surplus will need to get him those items in two weeks’ time. Once he compiles a list he will get that list to other county departments to see if they want something from the list prior to advertising for an auction to be held in April. Mr. Buckley said the election is coming up in three weeks so he will be busy and he also has work to do at the fairgrounds for the COVID-19 clinic in addition to the election. Mr. Buckley also spoke of painting and daily maintenance.
Mr. Skeen said the landfill is staying busy. The metal pile is getting hauled out and it should reach 1,000 tons.
Ms. Brown said the Probation Office is staying busy and this month she has a lot of Zoom meetings.
Ms. Robertson said it’s going well for the Extension Office now that Idaho is in Stage 3 so a lot of their groups can now meet. Ms. Robertson listed various upcoming classes. The Extension Newsletter is coming out at the end of this month so if there is someone who wants to receive the newsletter who currently isn’t, let her know.
Sheriff Kramer said the Sheriff’s Office has a new detention deputy. Otherwise, everything is just moving forward.
Prosecutor Pluid said she has nothing to report.
Assessor Ryals said he had nothing new. So far the Assessor’s Office doesn’t have any COVID-19 cases so his office has been fully staffed.
The elected officials/department heads meeting ended at 9:20 p.m.
9:30 a.m., County Civil Attorney Tevis Hull joined the meeting.
Attorney Hull said he’s not heard back from Yvonne Dingman with the Idaho Transportation Department about the right-of-way purchase contract so he will reach out to her.
Chairman Dinning asked Attorney Hull about trees in a county right-of-way as he believes the neighboring property owner wants to have these trees removed. Attorney Hull asked if these trees are beyond this neighbor’s property and Chairman Dinning said yes, there is currently a vehicle parked there as well as a garbage dumpster. Attorney Hull asked if the trees are marketable. Chairman Dinning said the trees are larch.
Attorney Hull said last week he spoke of having a planner to go over matters pertaining to county growth issues and that’s something Commissioners might want to take a look at to help the public with property questions, etc., and ultimately file permits to Ruen-Yeager and Associates. Having a planner is helpful in larger counties so maybe having a part-time planner would be beneficial to the county. It’s certainly something for the county to consider. A planner would listen to someone and could inform them of zoning requirements, allowed uses, what is required, and provide the application to get the person headed in the right direction. Chairman Dinning said in the past the county just had a combination Planning and Zoning Administrator to answer these questions. Attorney Hull said his observation is that the planners the county has had in the past did not have Planning and Zoning qualifications and that is a big distinction. The former Planning and Zoning Administrators did not have a planning background so it was just looking at what was happening in the code, which led to some misunderstandings so someone having those credentials would be beneficial to the county. Attorney Hull said the county could employ a planner part-time instead of hiring someone fulltime. Chairman Dinning said it would eliminate a lot of confusion to have a planner.
Chairman Dinning said Road and Bridge is checking the status of discussion regarding bare land addressing. Attorney Hull said the ordinance doesn’t really address that right now, but in the short term the county can create a policy and list steps to take. Road and Bridge can receive an approach permit, then Addressing Coordinator Trevor Kempton can do a GPS stake to determine the address. The problem with bare land is that without an approach, you can’t identify an address. It’s better to assign an address up front instead of giving a temporary address that can be changed. The permit would be good forever as it attaches to the land, per Attorney Hull. If the property owner wanted to change the address at a later time, they can go through the process again. Attorney Hull added that it provides integrity in keeping consistency and it helps with the Road Standards Ordinance as well. There had been discussion about Commissioners having a meeting with the title companies about addressing. Attorney Hull explained why he feels it’s best to start with a meeting with title companies based on the type of work title companies do. To have this meeting would be very proactive from Commissioners’ standpoint, according to Attorney Hull. As far as fees, the taxpayer shouldn’t be paying for a property owner’s land development. Commissioner Bertling mentioned seeing what Bonner and Kootenai Counties are charging for this work. The county should try to re-coup costs and make it equitable.
Attorney Hull briefly provided updates on various documents he’s working on with Road and Bridge as far as easements for the Riverside Road Improvement Project and a resolution for the Treasurer.
Deputy Clerk/Personnel Director Pam Barton joined the meeting at 9:55 a.m.
9:58 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 10:45 a.m. No action was taken.
Attorney Hull and Deputy Clerk Barton left the meeting at 10:45 a.m.
Commissioners took a short break until their next meeting at 11:00 a.m.
11:00 a.m., Commissioners held a public hearing to consider Rebecca Henslee’s request for a variance to the Road Standards Ordinance, Applicant #3-2021. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris and Applicant Rebecca Henslee. Participating via conference call were Darrell and Robin Moore, 1999 Paradise Valley Road. The hearing was recorded. Commissioners stated they had no conflict of interest.
Chairman Dinning reviewed the public hearing procedures for Variance Application #3-2021 and then asked Applicant Rebecca Henslee for an opening statement. Ms. Henslee said she just wants a driveway to the smaller, five acre piece of property; not the larger remaining parcel.
Commissioners asked for a staff report. Ms. Nelson said the request is for a proposed approach location for a pending parcel division, Planning and Zoning Application #20-176. The property is located off of Paradise Valley Road and is parcel #RP61N01E026000A. Ms. Henslee is seeking a variance to Boundary County Road Standards Ordinance 2020-2 for an approach location. Sections 3.3B and 3.3F of the Road Standards Ordinance apply to this proposal and under Section 6.4.2.1 is a list of analysis factors that Road and Bridge has reviewed and provided comments for. Chairman Dinning asked if there is an existing access and Ms. Nelson said no. Chairman Dinning said on page 4 of their information packet, Commissioners need to look at this as it sits now and without the variance as Road and Bridge wouldn’t be able to issue this permit based on distance. Chairman Dinning asked if there are any safety concerns. Ms. Nelson replied that there is adequate sight distance and she added that there is over 300 feet of sight distance both north and south, and the sight triangle provides good vision at that location. It was said that exhibit two shows the existing distance between driveways. Ms. Nelson said the variance is for an approach located 372 feet to the driveway to north from the proposed location and 136 feet to the driveway to the south of this proposed location. The reason for the variance is that the distance should be 330 feet, because Paradise Valley Road is a major collector route.
Chairman Dinning mentioned having a list of the people who were notified of this application.
Commissioners opened the hearing to public comment. No one spoke in favor of the application. Speaking uncommitted was Robin Moore, who asked what this access was going to be used for. Chairman Dinning said to his knowledge, this is just a parcel division. Ms. Nelson added that this is just a parcel division, simple in order to split five acres from the existing 50.57 acre parcel. The area is zoned rural residential. Mr. Moore asked if this land is going to be used for cows. Chairman Dinning said the rural residential zone can be used for a residence and Boundary County doesn’t preclude whether or not you can have cows or horses on the property. No one spoke in opposition to the application.
Commissioners closed the hearing to additional public testimony and discussed the application amongst themselves. Commissioner Bertling and Commissioner Cossairt both said they had no problem with the application. Road and Bridge also had no concerns.
Commissioner Cossairt moved to approve the variance request of Rebecca Henslee, parcel #RP61N01E026000A, for a road approach that doesn’t meet Boundary County Road Standards Ordinance 2020-2, Section 3.3B, with the following conditions: A. pending approval and permit of Parcel Division-Simple Application, Planning and Zoning Application #20-176, a record of survey to be updated with a variance granted approach location and instrument number shown; B. pending approval and permit of a Parcel Division-Simple Application, Planning and Zoning Application #20-176, applicant to complete Road and Bridge approach permit and construct approach; C. should division not occur within one (1) year, the variance will not be granted, and staff is directed to prepare written findings and decision listing terms and conditions of approval. Commissioner Bertling second. Motion passed unanimously.
The public hearing to consider Variance Application #3-2021 for Rebecca Henslee ended at 11:14 a.m.
Commissioners reviewed demand claims.
Commissioner Cossairt moved to approve all claims for the State Insurance Fund premium payment by department and elected offices. Commissioner Bertling second. Motion passed unanimously.
11:32 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to give a department report. Chairman Dinning discussed a matter of a demand payment dated back to January and suggested it go through the regular claim cycle. Commissioners asked the status of COVID-19 vaccines and Ms. Magee provided general information as to the number of staff members and residents who received the vaccine. A representative came to the Restorium to administer the vaccines, according to Ms. Magee.
Ms. Magee reviewed Restorium statistics to include: resident count, Medicaid rate percentage, billed amount per room, room and board received, accounts receivable over 30 days, expenses including and excluding payroll, and the cost of food per person per day. Clerk Poston informed Ms. Magee that next month payroll for the Restorium will take a jump as well as their expenses due to the workers compensation cost of $33,700.00.
Chairman Dinning said last year, January 2020, the Restorium had two vacant beds and an income of $101,000.00. Ms. Magee said one resident has been transferred out of the facility, but she just accepted two more new residents and there are possibilities for more residents now so she will do some shuffling of rooms in order to provide for initial isolation. The resident count today is 30, with the possibility of five more, according to Ms. Magee. If a new resident does get vaccinated sometime in March, that resident will have to find a different location in which to have the second dose of the vaccine administered because Walgreens was only coming up twice and they’ve already been by once. Commissioners and Clerk Poston informed Ms. Magee about options for vaccines.
Ms. Magee was asked if she had found out the reason for the cost increase for Bee Safe’s call system and Ms. Magee said she learned it was due to Bee Safe’s liability insurance. The first quote from Bee Safe was approximately $28,000.00 and their second quote was approximately $36,000.00. Ms. Magee commented that $2,110.00 was the cost for phones listed in the second quote. Ms. Magee said she wondered about the ability to use Restorium Memorial funds.
Ms. Magee informed Commissioners that she is looking into applying for the third round of Coronavirus Financial Aid Committee (CFAC) federal funding that is being offered. Ms. Magee explained that the Restorium didn’t qualify for the second round of funding, but she can now apply for the third round.
The meeting with Ms. Magee and Ms. Lane ended at 11:50 a.m.
Commissioners recessed for lunch at noon.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners held a public hearing to consider Application for Variance #4-2021 filed by Albert Solt and John Solt & Patti Solt. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris. No one participated in the hearing via conference call. The hearing was recorded. This is an application for a variance to the Boundary County Road Standards Ordinance 2020-2 and it pertains to an approach. Chairman Dinning reviewed the public hearing procedures. Commissioners had no conflict of interest.
Commissioners opened the hearing for Application 4-2021. The applicants were not present at the hearing to give an opening statement, nor did they participate via conference call.
Ms. Nelson provided a staff report and said this is an application for a variance pending a Parcel Division, Simple. Ms. Nelson said there is no Planning and Zoning Application number for this parcel division to date. The surveyor is just about to complete and submit a preliminary record of survey, but this matter is for the approach for the proposed subdivision. Ms. Nelson listed the sections that apply as Section 3.3B and 3.3F, and the analysis factors are found in Sections 6.4.2.1., through Section 6.4.2.5. The information has all been reviewed and information has been presented to Commissioners.
The parcel consists of 28.53 acres and the property owner is looking to create a five acre parcel. The closest approach to this proposed approach location is 142 feet to the north and 267 feet to the south. The minor collector route has a speed limit of 25 miles per hour. Commissioners asked Ms. Nelson if there were any safety concerns and Ms. Nelson said no. Ms. Nelson said there is a good 40 foot sight triangle.
Commissioner Bertling asked if the developer came in for another access point to this property as there is a new road that just got put in. Ms. Nelson said that’s at an easement location and she added that they had the approach permit, but they are actually doing the work on it now. Ms. Nelson said the applicants are asking for a variance as there is more property to go through if that new access is used. Chairman Dinning asked what happens if they issue a variance, then they give an easement to that five acre piece. Ms. Nelson said in the ordinance a driveway can be multi-residence. No one had any further comments.
Commissioners closed the hearing to additional testimony.
Commissioner Bertling and Commissioner Cossairt said they were in favor of the application.
Commissioner Cossairt moved to approve the variance request of Albert Solt and John Solt & Patti Solt, for parcel #RP62N01E126605A, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3B, with the following conditions: approval of the variance is dependent upon a parcel division application being completed with Planning and Zoning, pending approval and permit of a parcel division application, a record of survey be updated with a variance granted approach location and instrument number shown; pending approval and permit of a parcel division, the applicant is to complete a Road and Bridge approach permit and construct the approach, and should division not occur within one (1) year, the variance will not be granted. Staff will be directed to prepare written Findings and Decision and list the terms and conditions of approval. Commissioner Bertling second. Motion passed unanimously.
The hearing for Road Standards Ordinance Variance Application #4-2021 ended at 1:41 p.m.
Chairman Dinning informed Ms. Nelson and Mr. Morris that Commissioners spoke with Attorney Hull about bare land addressing. It was suggested to follow the approach process on vacant land as it would create more confusion if the county were to assign an address then have the approach change. We need to do an approach permit then give an address off of that location. If the property owner wants to change it later, they will have to go through the process again. Ms. Nelson mentioned the issue of property owners needing an address in order to obtain water utilities and she voiced concerns about people not building their approaches in a timely fashion once they’ve been approved for an approach permit. Chairman Dinning and Ms. Nelson continued their discussion on issuing addresses for approach permits.
2:02 p.m., Property owner Matt Philbrook met with Commissioners to discuss removing trees near his property that are in the county right-of-way. Mr. Philbrook said because these are the county’s trees, he needs written approval to have them removed, but that he could take care of removal and having the debris taken away. There is a large bull pine growing behind Safeway and that tree is shared between the property owner and Mr. Philbrook right on the property line, and Mr. Philbrook said he could take the tree down, but he would like the fire wood. Commissioners briefly asked about Mr. Philbrook’s six-plex apartment building being approved through Planning and Zoning. Mr. Philbrook said there is a storm water issue going on and he explained that there is a pinch point where a birch tree is located, which is at the end of Doug Ladely’s driveway, and it plugs up his culvert. The builder is willing to remove it and put in a drywell there. Chairman Dinning said Commissioners had talked about this with the county civil attorney and questioned how the county knows these trees are actually on county property. Mr. Philbrook said if Commissioners drove out there, they would know.
Mr. Philbrook said the county’s access is a 28 foot wide area and Chairman Dinning clarified that it’s for public access, but it’s not a maintained area. Mr. Philbrook said he understood that this access was for adjacent property owners. Commissioners said it’s for anyone. Mr. Philbrook asked for a time frame for proceeding with tree removal because he’s moving forward with everything and this is a pinch point.
The meeting with Mr. Philbrook ended at 2:08 p.m.
Commissioners resumed their discussion on approaches. According to the ordinance, approaches are designed as residential, commercial, etc., and there is no liability to the county. If the landowner changes an approach from residential to commercial, etc., they’re responsible for changing the size of the approach.
Ms. Nelson and Mr. Morris presented the Road and Bridge Department report. A written report was provided. Mr. Morris said Road and Bridge has the sand trucks out as well as the brine truck. Road and Bridge is also working on signs. Mr. Morris commented that a couple bridge delineators have been knocked down. Road and Bridge is trying to get the big excavator to Perkins Lake Road to work back by the Ronniger property to do some brushing.
Mr. Morris asked about the status of Curless Road and if Commissioners had given any more thought about the rock knob that Wayne Jessop wants to dig out with an excavator. Chairman Dinning said the rock is fine as it is and he added that he doesn’t think removing the rock would change much. Mr. Morris spoke about putting more gravel on that part of the road.
Ms. Nelson brought up the piggy back offer for a Western Star dump truck. Attorney Tevis Hull has reviewed the information and said it looked fine, according to Ms. Nelson. The price of the truck with a 15 foot dump body is $198,725.00. Road and Bridge already has a blade they would put on it. Chairman Dinning asked if there had been discussion prior about getting either the truck or something else and Ms. Nelson said yes. Chairman Dinning said with financing, is it through Columbia Bank or another lender. Ms. Nelson relayed information on an estimate she had initially received. The payment of $43,876.00 has been budgeted. Mr. Morris said he doesn’t recall what the warranty is for this truck. Chairman Dinning asked about getting interest rate and payment information for this truck. The bid is through Freightliner Northwest. Ms. Nelson commented that the truck is not available right now, but if the county signed the purchase acceptance and provided Commissioners’ minutes stating the county wanted to purchase this truck, the company would do a build order for an August or September build.
Those present discussed the status of plowing snow, and usage of salt and sand.
The meeting with Ms. Nelson and Mr. Morris ended at 2:38 p.m.
3:00 p.m., Commissioners participated in the Idaho Association of Counties (IAC) legislative Zoom conference call for District 1. Also participating in this call was IAC Executive Director Seth Grigg and various elected officials from the five northern counties. The Zoom call ended at 4:06 p.m.
There being no further business, the meeting adjourned at 4:06 p.m.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk