***Monday, February 28, 2022, 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 gave the opening statement and said the Pledge of Allegiance.
Chairman Dinning spoke of receiving a quote to replace the two hot water heaters located in the Sheriff’s Office. The cost is approximately $6,900.00 and they can be paid for using the Justice Fund- Capital Other line item.
Commissioners and Clerk Poston discussed matters pertaining to overtime and budget.
9:00 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone to review various matters. Attorney Hull informed Commissioners that he has made some changes to the document for the parking lot agreement.
The call to Attorney Hull ended at 9:15 a.m.
Commissioner Cossairt moved to approve the minutes of February 14 & 15, 2022. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to approve the New Private Road Name form for Riley Drive. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2022-18. A resolution authorizing the disposition of records of the Boundary County Treasurer’s Office. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-18 reads as follows:
RESOLUTION 2022-18
A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY TREASURER’S OFFICE
WHEREAS, the Boundary County Treasurer’s Office is currently storing old records of Boundary County; and
WHEREAS, due to lack of storage space, the Boundary County Treasurer’s Office has requested permission to dispose of old records; and
WHEREAS, the Boundary County Prosecuting Attorney’s Office has advise the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and
NOW THEREFORE, upon motion duly made seconded and unanimously carried,
IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:
The following records have been deemed permanent by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and permanent records must be kept for a minimum of ten years. The following records are to be disposed of in the county landfill:
Permanent:
Deferred Tax Bills 2007-2011
Deferred Monthly Reports and Charges 2007-2011
Yield Monthly Reports and Charges 2009-2011
Redeemed Warrants Reports 2011
Department of Lands Fire Upload 2011
Auditor’s Certificates 12/2010-11/2011
Auditor’s Certificate Deposits 10/2010-9/2011
Journal Vouchers 10/2010-9/2011
Tax Drive Checklists 2011
Subroll Tax Drive 2011
Utilities Tax Drive 2011
Abstract Tax Drive 2011
Specials Tax Drive 2011
Bank Reconciliation 12/2010-10/2011
Sweep Accounts Statements 2003-2004
Bank Reconciliation CAI Reports 3/2001-9/2005
Tax Anticipation Receipts 1/2010-6/2011
Certified letters to certify to tax roll 2010
Tax Summary Reports 1/2008-9/2011
Payroll Direct Deposit Reports 1/2005-9/2011
State Liquor Acs Backup 10/1997-9/2004
ACH Deposits for Panhandle State Bank 10/2009-12/2011
Bank Statements 10/2008-9/2009
The following records have been deemed semi-permanent by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and semi-permanent records must be kept for a minimum of five years. The following records are to be disposed of in the county landfill:
Semi-Permanent:
Tax Anticipation Reports 9/2010-9/2011, 12/2015-10/2016
Bankruptcy Paperwork 5/31/2011, 4/28/2014
Municipay (Credit Card) Receipts and Reports 11/2010-4/2011
Daily Purchase Agreements Panhandle State Bank 3/2005-8/2006
Monthly Cash Journal Reports 1/2011-12/2011
Bankruptcy Discharged in 2010 2010
Correspondence: General (3 Year Retention) 2013-2015, 2018
Monthly/Daily Cash Journal Reports 12/2015-10/2016
Daily Deposit Listings 1/2016-11/2016
Month End Reports 1/2016-10/2016
Tax Bills Returned for Additional Corrections 2016
Commissioners Extensions for tax payments 2015-2016
Municipay/Paystation/ Official Pay – Credit Card Receipts 12/2010-9/2016
The following records have been deemed temporary by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and temporary records must be kept for a minimum of two years. The following records are to be disposed of in the county landfill
Temporary:
Bank List Daily Redeemed Warrants 2019
Regularly passed and approved on this 28th day of February 2022.
COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/____________________________
DAN DINNING, Chairman
s/____________________________
WALLY COSSAIRT, Commissioner
s/____________________________
TIM BERTLING, Commissioner
Reviewed by and on advice of Prosecuting Attorney this February 23, 2022.
s/____________________________
ANDRAKAY PLUID
Prosecuting Attorney
ATTEST:
s/_______________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #290446
Commissioner Cossairt moved to sign the amended engagement letter with County Outside Auditor Scott Hoover. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Agreement between the Idaho Department of Parks and Recreation and Boundary County for the Boat Safety Grant for a grant amount of $5,256.00. Commissioner Bertling second. Motion passed unanimously.
Commissioners tended to administrative duties until their meeting at 9:30 a.m.
Emily Bonsant with the Bonners Ferry Herald joined the meeting.
9:30 a.m., County Civil Attorney Tevis Hull joined the meeting via telephone.
9:30 a.m., Richard and Rupacandra Carll joined the meeting to discuss ownership of Pinnacle Circle. Chairman Dinning stated that Commissioners have all of the documents provided by Ms. Carll and Attorney Hull had provided a response to that information. Chairman Dinning informed Ms. Carll that Commissioners are respective of her efforts in researching the matter. Chairman Dinning reviewed Attorney Hull’s letter aloud to Ms. Carll and clarified that the condemnation was a private one; not public. Boundary County had no involvement in the issues raised. Ms. Carll asked do you mandate a 60-foot easement for a farm road? It was said that the county did not. Ms. Carll stated that the courts did. Chairman Dinning said the county was not involved in that matter. Ms. Carll referred to a letter she had provided to Commissioners. Commissioners reiterated that this is a private road; not a county road.
Attorney Hull said when the matter was done it was around 1980s. When this subdivision was reviewed by Commissioners, the individual who represented the applicant declared that this was a private road for ingress/egress and utilities. They did not ask the county to maintain this road, etc. Based on that, Commissioners approved the subdivision. Attorney Hull mentioned there being requirements for county roads, such as for approaches to a county road, the county uses a 28-foot approach with 40 feet of culvert, and that is part of the ordinance, which was adopted around year 2005 or 2007. The county had no involvement in that portion and the county has never maintained that road. There is no provision that provides the county has to maintain it and it was never accepted as a county road.
Ms. Carll said the subdivision was approved in October of year 2006. A subdivision road is very different from a farm road. It was deeded at introduction. Ms. Carll said it was not deeded to the Ericksons; it was deeded to the county. Attorney Hull said it was not deeded to the county. Attorney Hull reiterated that the road was never deeded to the county, and if so, why did Mr. Erickson pay for it?
9:35 a.m., Gregory Lamberty joined the meeting.
Attorney Hull and Ms. Carll discussed condemnation. In this case the public was never involved in that taking, according to Attorney Hull. Attorney Hull said he imagined the Ericksons had property, that they had used that road or easement or right-or-way as access and the Amoths rejected that, which caused the Erickson’s to file a lawsuit stating that this road surface area has always been used to access his property. That was an action between the Ericksons and the Amoths to rectify.
Attorney Hull said it was a private condemnation. Attorney Hull added that if that matter went to the Supreme Court, the court entered a judgment giving access for the Ericksons across the Amoth’s property and said you need to pay the Amoths. Ms. Carll said it was determined that in favor of Amoth and the matter was taken to the Supreme Court, who was in favor of Mr. Amoth. The matter went back to court for mis-testimony by the road builder. The entire case was retried. Attorney Hull said he read the final judgement. The Ericksons had access and the Amoths were compensated, but the public was never involved. Ms. Carll referenced Idaho Code as it pertains to a farm access. Attorney Hull said unless the county is party to an action, then the county is not involved. Ms. Carll said she sees it differently. Ms. Carll commented how Pinnacle is referenced in every single document.
Chairman Dinning said Commissioners have a legal opinion. The county was never a party to that lawsuit. Chairman Dinning asked why it is so important to Ms. Carll that the county owns this road. Ms. Carll said if not the county, who? Attorney Hull suggested Ms. Carll go to a title company and pay the fee for the title company to research the issue so they can identify who the owner of the road is. The Attorney General’s Office response to Ms. Carll’s letter to them was mentioned. Attorney Hull said the county doesn’t have any ownership of this; this is a private road. Ms. Carll said her property abuts the subdivision. Mr. Carll said their property has logs and trees on it and they maintain it, but they received guff from the residents in the subdivision, who then put up a gate at their property.
Chairman Dinning reiterated that Boundary County has nothing to do with this and that Ms. Carll needs to go to a title company to determine who actually owns the easement or deeded right-of-way. The title company can tell her that. Ms. Carll said she has already gone through Courthouse records. Attorney Hull suggested Ms. Carll go through an attorney to have research done and to also get a title report. This is not a county issue; this is a private issue, according to Attorney Hull. Ms. Carll questioned how the county cannot have anything to do with this and approve an unsafe road. It was said the civil case is between the Ericksons and Mr. Amoth; not the county. Attorney Hull said to Ms. Carll that he cannot give her legal advice and that she needs to go through an attorney, and he stated that the county is not involved in this. Ms. Carll said the Attorney General’s Office suggested she go through the county for records.
Ms. Carll said Commissioners know it’s an unsafe road now. Chairman Dinning said the public has the opportunity to petition the county to accept a road and a road has standards that have to be met before the county will take it into their system. Chairman Dinning said the issue is between Ms. Carll and the other parties and that the county has tried to be patient about this.
The meeting with Ms. Carll and Mr. Carll ended at 9:57 a.m.
Attorney Hull ended his call.
10:02 a.m., Chairman Dinning said he recalled having met with Idaho Deputy Attorney General to the Idaho Department of Fish and Game, Kathleen Trever, and Idaho Fish and Game Regional Supervisor Chip Corsi about grizzly bear delisting. Chairman Dinning said he received information from Mr. Corsi about a recommendation for delisting and Idaho Fish and Game will stick with the information that was presented to Commissioners for the State of Idaho. If it is just the Glacier National Park delisting without the Selkirks and the Cabinet-Yaak population, Boundary County would be an island alone and we won’t meet number criteria for delisting. Commissioners explained how Canadians used to be able to shoot grizzly bears for a certain period, which would hinder mortality numbers. Boundary County is opposed to delisting the Glacier population without the Cabinet-Yaak and Selkirk population being included. Commissioners agreed to Chairman Dinning drafting a letter on the matter.
Commissioners updated Emily Bonsant on the grizzly bear delisting proposal.
10:09 a.m., Bonners Ferry Herald Reporter Cindy Bonsant joined the meeting.
Those present resumed the discussion on the grizzly bear issues.
Emily Bonsant and Cindy Bonsant left the meeting at 10:21 a.m.
10:21 a.m., Boundary County Emergency Manager Andrew O’Neel joined the meeting.
Mr. O’Neel spoke of the extension for the 2020 Emergency Management Performance (EMPG) grant and he said the county had requested an extension from October 2021 to March 2022. Mr. O’Neel said he’s requesting another extension to June 30th of this year and there are funds that can be used. The new vehicle will be paid for using the 2021 EMPG funds. Mr. O’Neel explained that there are also the EMPG/American Rescue Plan Act (ARPA) funds offered through the State of Idaho, but it’s not the same as the ARPA funds through the federal government.
Commissioner Cossairt moved to sign the Idaho Office of Emergency Management 2020 Grant Adjustment Notice for the 2020 Emergency Management Performance Grant. Commissioner Bertling second. Motion passed unanimously.
Commissioners stated for the record that the EMPG/ARPA Supplemental funds are not the county’s ARPA funds. The EMPG/ARPA Supplemental funds are funds through the State of Idaho and it is not the same thing.
Mr. O’Neel and Commissioners discussed the supply chain delays as it pertains to the vehicle Mr. O’Neel has ordered for the Emergency Manager position.
Mr. O’Neel left the meeting at 10:40 a.m.
Commissioners tended to administrative duties.
11:41 p.m., There being no further business, the meeting recessed until tomorrow at 1:30 p.m.
***Tuesday, March 1, 2022, at 1:30 p.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Commissioner Tim Bertling was out of the office tending to other matters.
1:30 p.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided.
Ms. Nelson discussed matters pertaining to the contract with Innovate to assist with addressing.
Commissioner Cossairt moved to sign the Findings and Decision for Application #8-2021. An application to the Boundary County Road Standards Ordinance 2020-2 as it pertains to an approach, subject to the conditions set forward and if the conditions are not complied with, the variance will be vacated. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Ms. Nelson explained that the Findings and Decision for Application #8-2021 are not to be recorded until she informs Commissioners that conditions a and b have been completed.
Commissioner Cossairt moved to sign the Findings and Decision for Application #1-2022. An application to the Boundary County Road Standards Ordinance 2020-2 as it pertains to an approach on Stellar jay Road. Commissioner Bertling second. Motion passed unanimously.
The meeting with Ms. Nelson and Mr. Morris ended at 2:30 p.m.
2:30 p.m., Restorium Administrator Karlene Magee joined the meeting to give an update on Restorium matters. Ms. Magee said the resident census is still at 25, but she conducted a few assessments yesterday.
Those present discuss various matters pertaining to the Restorium.
The meeting with Ms. Magee ended at 2:54 p.m.
Commissioner Cossairt moved to sign the Idaho Office of Emergency Management 2020 Subrecipient Agreement for the State Homeland Security Program/Operation Stonegarden Grant, Award #20SHSP006. Chairman Dinning yielded the chair to second. Motion passed unanimously.
3:00 p.m., Commissioners participated in the Idaho Association of Counties Zoom call for District 1. The call ended at Done at 3:30 p.m.
Commissioner Cossairt moved to approve the minutes of February 21 and 22, 2022. Chairman Dinning yielded the chair to second. Motion passed unanimously.
There being no further business, the meeting adjourned at 4:00 p.m.
_______________________________
DAN R. DINNING, Chairman
ATTEST:
____________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk