***Monday, January 13, 2020, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Nancy Ryals.

9:00 a.m., Commissioners gave the opening invocation and said the Pledge of Allegiance.

Road and Bridge Department Co-Superintendent Randy Morris joined the meeting to give the department report. Mr. Morris presented a written report.

Chairman Dinning informed Mr. Morris that there is a road that takes off from the end of Mountain Meadows Road that the Prosecutor wants to speak with Road and Bridge about today.

The documents for Skin Creek Bridge replacement are not in yet, according to Mr. Morris.

Discussion was held regarding the excavators at Road & Bridge.

Commissioner Cossairt moved to sign the buyback letter to Western States CAT for the Caterpillar Model 309 excavator, serial number GG900236, and Caterpillar Model 323 excavator, serial number RAZ11536, and to sign future financial documents for the 309 and 323 Caterpillar excavators when they have been reviewed and approved by the county civil attorney. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby inquired about the status of the Moyie Springs Turn Bay project. Idaho Transportation Department (ITD) wants to put in another turn bay into Blume Hill Road, according to Mr. Morris.

Road & Bridge Co-Superintendent Renee Nelson joined the meeting at 9:06 a.m.

Discussion continued regarding the Moyie Springs Turn Bay project. ITD wants to put in an acceleration lane. The stop sign from Blume Hill onto Roosevelt is hard to see and Mr. Morris thinks that it will be safer when the project is finished.

Ms. Nelson stated that she does not have the application for the Skin Creek Bridge replacement project yet. The application is actually due January 31, 2020. Ms. Nelson previously thought the application was due earlier. The matter will be put on the agenda for January 21, 2020.

Northwest Industrial is conducting a sling user and inspector course. Everyone who was certified is now retired. Road & Bridge would like to send four employees at a cost of $99.00 per person to the training. There will be lodging costs for the night before. There is education money in the budget, according to Ms. Nelson. Commissioners have no problem with the employees attending the training, but said to keep in mind there might be a snow event that may prevent the employees from attending.

Ms. Nelson spoke about the Idaho Counties Risk Management Program (ICRMP) training. Ms. Nelson stated that employees have to use their personal email where in the past employees had to use Road & Bridge email to complete the training. One employee does not have a personal email account. Ms. Nelson asked if there is a way around having to use personal email to complete the training. Clerk Poston said county employees spend a lot of time doing training and she does not know if it is worth the savings. Clerk Poston said that she can give ICRMP a call and discuss it. Clerk Poston questioned why an employee would have to complete the training if that employee does not use computers for their job. Ms. Nelson said if the process cannot be simplified, it is a problem. Chairman Dinning said it should be that an employee can complete the training through the department’s common email. ICRMP representatives are coming up within the next few weeks and Commissioners will speak with them about the matter.

9:16 a.m. Commissioner Kirby 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 Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:33 a.m. No action was taken.

Commissioner Cossairt asked how good the brine Road & Bridge uses on the roads works. Mr. Morris said it keeps the snow from sticking to the pavement. It is not enough to melt the snow, but it is enough to keep it from sticking. It does not like concrete though and railroad tracks and bridges because it causes the metal to rust. It stops working at colder temperatures, but is good to about 14 degrees.

Road & Bridge Co-Superintendents Renee Nelson and Randy Morris left the meeting at 9:40 a.m.

Blue Sky Broadcasting Reporter Mike Brown joined the meeting at 9:40 a.m.

9:40 a.m., Commissioners placed a call to County Civil Attorney Tevis Hull for an update on various matters but had to leave a message for him to call Commissioners when he has a chance.

Discussion was held regarding the Idaho Transportation Department Acquisition Packet for the US 95, LaBrosse Hill Street to Alderson Lane project, Key Number 19916, which is scheduled for construction. The right of way acquisition phase is now under way. It will be sent to the county attorney for review and approval. The Armory property right of way offer is $53,218.00 and that includes the value of trees and asphalt.

Discussion was held regarding the Real Property Lease Agreement with Jake’s Landing LLC located at 108 Trading Post Road, Bonners Ferry for property located in lots one through 7, Block eight, Porthill Townsite in Section 8, Township 65 North, Range 1 West, Boise Meridian. The term of the lease is from January 1, 2020 and expiring on December 31, 2020. The lessee was paying $100 per year. Chairman Dinning stated that he spoke with Assessor Ryals who has given a value on the property. Chairman Dinning stated he would be speaking with the new owners to see if they need to use all of the property. Commissioner Kirby said the county should at least receive the tax value as a lease payment.

Commissioner Cossairt moved to sign certificates of residency for Joshua Beazer, Shannon Riebe and Noah Cordle. Commissioner Kirby second. Motion passed unanimously.

Planning & Zoning Administrator John Moss joined the meeting at 9:44 a.m.

Commissioner Cossairt moved to extend the time to pay taxes on parcel number MHB00000228425 for half of the amount owed to be paid by February 13, 2020 and the other half due by March 13, 2020; to extend the time to pay taxes on parcel number MH00030000018AA payable at $50.00 now and the remaining balance by February 3, 2020; to extend the time to pay taxes on parcel number MH62N02E28630AA at least half of the amount owed is to be paid by January 13, 2020 with the balance paid by February 10, 2020; and to cancel late fees on parcel number RP60N01W035101A in the amount of $6.45 as the bill was damaged in the mail and not postmarked. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to reappoint Donna White to the Board of Community Guardians with a term to expire January 2024. Commissioner Kirby second. Motion passed unanimously.

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

Current Expense $ 63,218.05
Road & Bridge 65,477.55
Airport 9,349.07
District Court 2,637.79
Fair 52,000.00
Justice Fund 28,661.21
911 Funds 7,697.97
Health District 13,773.00
Historical Society & Museum 23,000.00
Hospital Operation 135,000.00
Indigent & Charity 14,251.50
Junior College Tuition 500.00
Parks and Recreation 1,905.94
Revaluation 276.96
Solid Waste 25,671.71
Tort 116,111.00
Veterans Memorial 3,481.00
Weeds 869.89
Restorium 20,011.75
Waterways 2,992.62
Grant, Boat Safety 20.00
Hospital Supplemental Levy 12,358.68
Fire Mitigation Grants 61,874.13

TOTAL $661,139.82
Trusts
Auditors Trust – Misc 2,452.93
Boundary Co. Drug Court Trust 142.91
Sales Tax Collected 378.24
Driver’s License Trust 6,747.50
Indigent Reimbursements 26,207.16
Motor Vehicle Trust 163,953.37
Sheriff’s Trust Fund 392.78
Playground/Ice Rink Trust 223.00
Odyssey Court Trust Account 19,410.10
Odyssey Bond Trust Account 785.00
Odyssey Restitution Trust Account 678.99

TOTAL $221,371.98

GRAND TOTAL $882,511.80

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2019-2020).

9:48 a.m., Commissioners considered the 2020 Boundary County Alcohol Beverage License Application for Bonners Ferry Pupuseria, LLC doing business as Bonners Ferry Pupuseria located at 6428 Kootenai Street, Bonners Ferry, Idaho to sell bottled and/or canned beer on premises. Present were Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Nancy Ryals, Planning & Zoning Administrator John Moss, and Mike Brown with Blue Sky Broadcasting. The proceedings were recorded.

The completed application, fee, and a copy of the 2020 State of Idaho Retail Alcohol Beverage License and 2020 Panhandle Health District Permit have been received. The 2020 City of Bonners Ferry Retail Alcohol Beverage License has yet to be received.

Commissioner Kirby moved to approve the 2020 County Alcohol Beverage License for Bonners Ferry Pupuseria, LLC dba Bonners Ferry Pupuseria, located at 6428 Kootenai Street, Bonners Ferry, Idaho to sell bottled and/or canned beer on premises pending receipt of the 2020 City of Bonners Ferry Retail Alcohol Beverage License. Commissioner Cossairt second. Motion passed unanimously.

County Civil Attorney Tevis Hull joined the meeting. Attorney Hull said that he will review the Idaho Transportation Department Acquisition Packet for the US 95, LaBrosse Hill Street to Alderson Lane project and the Real Property Lease Agreement with Jake’s Landing LLC. Commissioners stated if the owners of Jake’s Landing want to lease the whole property, the lease cost will increase to $200.00 per year.

Chairman Dinning informed Commissioners that the Bonners Ferry/Boundary County GROW Community Garden group wants to use facilities at the fairgrounds and are requesting a fee waiver. The Boundary County Fair Board Fee Waiver Policy indicates that the Fair Board cannot waive fees for the rental of the facilities with the exception of 4-H activities and Boundary County government entities doing government business. The Fair Board also does not charge the Future Farmers of America (FAA), according to Clerk Poston. The GROW group feels they do not have to pay a fee because the group is connected to the Extension Office. The group has leased the VEC Hall before and rented a space during fair time, according to Clerk Poston. The rent is about $45.00. Commissioner Kirby felt that the GROW group has paid the fees before and the fee waiver policy lays out who gets a fee waiver.

Commissioner Kirby moved to charge the GROW group the fee for the use of the facilities at the fairgrounds. Commissioner Cossairt second. Motion passed unanimously.

Discussion was briefly held regarding Memorial Hall fees. Chairman Dinning said that there is a request to increase the fees so a public hearing will have to be held.

10:00 a.m., Commissioners held a continuation of the public hearing to consider Planning and Zoning Application #19-177. This is an application for an amendment to Land Use Ordinance 9B18LOV2 requested by the Boundary County Planning and Zoning Commission. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Nancy Ryals, Planning and Zoning Administrator John Moss, County Civil Attorney Tevis Hull, Blue Sky Broadcasting Reporter Mike Brown and members of the public Tony Jacobs, David & Elizabeth Nicholas, Pamela Jacobs, Carol Clausen, Martha Keller, John Keller, and James Embree. The hearing was recorded.

Chairman Dinning stated that a letter was received this morning from Carol Clausen with her comments.

Chairman Dinning informed those present where they left off at the previous hearing and stated that Commissioners do not want to exclude the public from these discussions.

Discussion was held regarding urban subdivisions, section 11.3.7, and the proposed changes to the ordinance: change of verbiage to use the word “specifications” instead of “standards”; private and shared wells; change of the word “can” to “will” when it comes to septic, electric and water services.

Chairman Dinning asked if there was any member of the public that would like to speak in favor of the changes regarding urban subdivision and no one spoke in favor. Chairman Dinning asked if there was anyone who wanted to speak uncommitted to the proposed changes and no one spoke uncommitted. Chairman Dinning inquired if there was anyone present who wanted to speak in opposition to the proposed changes. No one spoke in opposition.

Discussion was held regarding junkyards. Mr. Moss said we were in the process of looking at the definition of junkyard, section 2.40. Mr. Moss spoke about the definition of automobile graveyard, section 2.6, and the storing of refuse. Chairman Dinning asked if we added the words “intent to sell”. Mr. Moss said he thinks the intent to sell was done away with. Attorney Hull said he is okay with doing away with commercial. Chairman Dinning said a junkyard is a junkyard.

Attorney Hull spoke about the ordinance and how you have to be very clear about definitions. When you create ordinances you want to close loopholes as much as possible to make it as clear as possible, according to Attorney Hull. You want to make the language consistent.

The definition of derelict vehicle, section 2.18, was given by Mr. Moss. Attorney Hull stated that one of the problems with any definition is burden of proof which is on the state not the defendant. That is as good as any definition, per Attorney Hull, for derelict vehicle.

Regarding standards for junkyards, there needs to be a time period put in the ordinance, according to Attorney Hull, when there is a termination of use or failure to remove junk from property (section 10.5.2.7).

10:29 a.m., Leonard Clausen joined the meeting.

Mr. Moss read a section regarding notice of violation and time limit to respond. Chairman Dinning commented on ambiguity. Attorney Hull said the part Mr. Moss just read had to do with excessive storage, but it does not mention anything about criminal penalty. The beginning of the ordinance speaks of penalty and we can address that with the misdemeanor. There needs to be a definitive time period instead of a “reasonable time period”. Chairman Dinning said there is no grandfathering and Mr. Moss stated that is correct. There is a definition for grandfather in sections 2.32 and 2.33. Mr. Moss read those into the record. Chairman Dinning asked if it will apply and set a new standard for an existing approved junkyard. Mr. Moss said he has a problem in that there is not any requirement that anyone apply for a permit. It seems prudent as of this date going forward if there is a junkyard in existence they would work to get it permitted. Chairman Dinning stated that there are several junkyards that have gone through the old process and he questioned now that there is no grandfathering, does this intend to make all old junkyards have to meet the new standards. Mr. Moss said that is the intent. Attorney Hull spoke of expo facto law. The previous ordinance spoke about that being an issue and that does have to be looked at.

Section 10.5.2, general standards of junkyards has not changed per Mr. Moss with the exception of commercial and non-commercial.

Section 15 talks about where a junkyard is allowed. 15.9 is the first zone reference. We established junkyards were a prohibited use in Prime Agriculture zone, whereas before it was just a commercial junkyard that was prohibited. In Agriculture/Forestry zone, junkyards were prohibited as a commercial use and now it is simply prohibited. In Rural Residential, Residential, and Suburban zones, junkyards were already prohibited. Changes in Commercial/Light Industrial where a conditional use permit was required, but now it is a junkyard and not a commercial junkyard. 15.17 is a new section that deals with storage of material, but not junkyards. Section 15.2.11 unregulated use is changed to outdoor storage of materials and property, including containers, but not including refuse, out of public view in an area less than half an acre in size.

Chairman Dinning inquired what if it is more than half an acre and he stated that is not addressed. Chairman Dinning questioned if you have a piece of property with a home and it is three quarters of an acre and you want to put two boats and two operating vehicles outside and your neighbor determines it is excess, who will determine what is actually considered excess. Chairman Dinning asked what if it is a barbeque and three picnic benches. This deals with material in excess of half an acre. What if you had an acre and material that is yours that you want to store in plain view asked Chairman Dinning. 15.2.11 deals with in or out of public view. Mr. Moss read the definition. Chairman Dinning said it is his concern that somebody gets to determine what is excess whether it is within public view or not. If I own an acre with a house and I want to store all kinds of things in a lean-to shed that is open, it becomes a neighbor saying it is excessive and bringing it to the prosecutor, according to Chairman Dinning. Mr. Moss said it is his job, when someone calls and says it is more than half an acre in size and it is in violation, to contact the person and to determine the size of the property and the size of the material and he would be the one to notify that person they are in violation. Chairman Dinning stated that regardless of size, it is the determination of what is excess storage, but this is going to apply across the whole county and when we start looking at excess storage there is not a real good definition. Chairman Dinning continued by saying that to one person it is excess storage and to me it is my property and I want to put something on my property because it is my property and it is not in excess and not an eyesore in my mind. Attorney Hull said that is the debate. Mr. Moss said in an attempt to identify the definition of junk vs refuse, if those definitions do not apply, then you do not have refuse or junk. There will be disagreements on any issue, according to Mr. Moss. The problem is trying to get that foundation set by getting to the definitions, according to Attorney Hull. Mr. Moss spoke about excess storage and junk and property value concerns. Mr. Moss said if it is out of public view, there is no issue.

Attorney Hull stated that the Planning & Zoning Commission and the public have put a lot of effort in this. You are looking at whether the county wants to tell people what they can put on their property. Attorney Hull said he is not as much concerned about size. Does a quarter of an acre of material and then a non-contiguous quarter acre of property meet the definition, asked Attorney Hull, and he stated that will have to be addressed.

Mr. Moss reviewed light and moderate use, section 15.4.26, which were removed from the proposed update to the ordinance. If it is out of view, there is not an issue. When it is in public view that is when there is an issue, according to Mr. Moss. Chairman Dinning stated that if he has a roof over a storage container the only thing in view is the storage container. How are we going to say that storage container is unsightly? The Planning & Zoning Commission is working on establishing standards for storage containers, according to Mr. Moss. Containers are both out of sight provider but they are a visible entity. The container becomes its own issue. The covering of a container just draws attention to it. Commissioner Kirby inquired if there are several containers on a piece of property and someone raises a fuss so the property owner builds a building, does he need a permit to build that. Mr. Moss said no. The building might aggravate a view more than the containers, according to Commissioner Kirby. The only permits required are for a residential or commercial placement, but other than setbacks there is no permit for a barn or structure, according to Mr. Moss. Commissioner Kirby said if property is zoned commercial or industrial you should be able to do what you want on it.

Attorney Hull said that the Planning & Zoning Commission has taken junkyards out of all but two zones. So the bigger issue and question is does the county want to regulate how much material a person puts on their property? The intent of the ordinance is to provide guidelines.

11:15 a.m., John Poland and Lisa Aguilera joined the meeting.

Attorney Hull said that at this point it would be important to get public comment.

David Nicholas spoke about reasonableness. Mr. Nicholas stated that there is already something in the ordinance allowing for equipment for loggers, farmers, etc. Mr. Nicholas commented that he thinks shipping containers are personal property and a shipping container would be okay if it looked like a building. Mr. Nicholas commented that they are not asking to make giant changes. Chairman Dinning said what we put in place will apply to every piece of property in this county, not the one. Chairman Dinning commented that this is a county that prides itself on not having a lot of rules and regulations and he questioned whether it is the county’s place to tell you what personal property you can have your property.

Mr. Nicholas said that you have a couple of regulations on the books that are formal and he understands that they are hard to enforce. 15.2.11 is one of them and the other is when you do not have the ability to move a large object. There are setback requirements. There are safety concerns. Section 4.2 speaks of injunctions. Mr. Nicholas said the problem is when people move here and buy a piece of property then someone puts something up that it is beyond sensibility or a nuisance.

James Embree said the person with the extra boat and the lean-to is not the issue. We need to lock down definitions, according to Mr. Embree, and it is not a violation even if a neighbor complains, it is a value use of the property as zoned. We are looking at what is a value use for all of the zones in the county. Mr. Embree thinks there are regulations now of what can be in Agriculture/Forestry zone. When talking about a definition for junk or salvage yard, if it is not already acceptable in that zone then it is not allowed. Mr. Embree thinks it is very clear if it is not an allowed use in that zone. If it is beyond what is allowed there needs to be an enforcement mechanism to take care of that, according to Mr. Embree.

Chairman Dinning stated that we have morphed to telling people what they can do with their property. Mr. Embree said not necessarily. Mr. Embree said when someone is buying property and that person knows what zone the property is in when they purchase it, they know what they can do on that property. Chairman Dinning said his concern is use within the zone.

Elizabeth Nicholas said it is not about the view but the value of your real estate. If I buy next to someone who has 10 cars and 10 drivers live within the house then I know that. If you have a new person coming in to a particular zone then you know what you are getting into if you see it when you purchase your property. But when you buy in an agricultural farm area and you see it is nice and clean and nothing going on and then over time something deteriorates badly, the county is going to have to do something.

Attorney Hull said that during the winter people will not go out and shoot their gun as much as other times of the year. The county hears several complaints each year from people new to the area about gunshots and the later into the year you get, the more you hear gunshots. People will start to complain to the county about that and complain because they are not used to hearing gunshots, but gunshots are normal here. Attorney Hull said Commissioners are very concerned going forward. It may be a nuisance to one and not another. Ms. Nicholas said she is not sure that decreases property values though. Attorney Hull said it can to the person who thinks it is a nuisance.

David Nicholas stated that Chairman Dinning made an interesting point regarding boats and barbeques, etc. and the Commissioner’s concern is telling people what they can and cannot have. Mr. Nicholas said that 15.17 is a proposed regulation. Whatever you want to do on less than one half acre is okay. Mr. Nicholas said that he does not think we are trying to limit what people have or can have. As long as it is not in direct public view or less than one half acre, it is not a problem, according to Mr. Nicholas. Mr. Nicholas said he can also understand the sensitivity of generations of stuff.

Mike Brown left the meeting.

The majority of the properties in the county are greater than one half acre in size, according to Chairman Dinning and he said he is sensitive to the issue and there will be something that improves the ordinance but his concern in fixing this one case is what we are going to do to the other property owners. The influx of people who move here every year may be due to lack of regulations. Chairman Dinning commented that whatever we do, it will affect every other property owner outside the City of Bonners Ferry and City of Moyie Springs.

James Embree said if, as Chairman Dinning said, it would affect everybody going forward then his only suggestion at this point is to come up with some way to enforce what is currently on the books on this one case. Mr. Embree informed those present that they have evidence that this is an ongoing situation and he believes some enforcement could be done without doing anything new.

Attorney Hull said that is not the purpose of this meeting. It would involve injunctive relief and would have to be addressed in executive session, but for purposes of this meeting that is not where we are going. Mr. Embree said that is where those present are going with this meeting.

John Poland said he heard a lot of comments about being afraid to change the rules and impacting others. Mr. Poland said they have gone out of the way to try to make it better and they are only using their situation as one example to try to help make it better. Mr. Poland said that expectation was that there is something in place, but they are trying to help solve the whole problem in the county. He would like to get help solving their problem and all the others. Write the rules to help solve a county need.

Chairman Dinning said this is the second time it has come before Commissioners. This is going to take more than a few meetings because we have tweaks and re-tweaks because this has to be done properly. It is how this has to happen. It is not going to be put in place as fast as those here want. Commissioners do not want anything to have unintended consequences.

Attorney Hull stated that the group present has met with the Planning & Zoning Commission. Commissioners have not at any time said, “We can’t”, according to Attorney Hull.

Mr. Moss said there needs to be more work by the Planning and Zoning Commission so it better meets the needs.

Commissioner Kirby agreed and stated that we are working on it and it will improve everyone’s life when we get done with it.

Chairman Dinning asked if we can halt this process and send it back to the Planning & Zoning Commission. Attorney Hull said he will let Commissioners know. Mr. Nicholas asked for clarification regarding sending it back to Planning & Zoning and Chairman Dinning explained.

The hearing will be continued until February 18, 2020 at 10:00 a.m.

Commissioners recessed for lunch at 12:00 p.m.

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

Commissioners met with Sheriff Dave Kramer and Undersheriff Rich Stephens regarding an alternate quote for a Sheriff’s vehicle. Undersheriff Stephens said the Sheriff’s Office went out for quotes for a vehicle and Taylor and Sons Chevrolet submitted a quote for a 2020 Tahoe Police Patrol Vehicle. The Sheriff’s Office has since been notified by Taylor & Sons Chevrolet that the 2020 model year vehicles are finished and they will not start filling orders for the 2021 models until April or May of this year. In addition, it takes eight to 10 weeks after that to get the vehicle. The Sheriff’s Office found a 2020 Ford Police Interceptor for $33,291.00 and it meets all advertised conditions. The 2020 Chevrolet Tahoe cost was $36,763.21. The Sheriff’s office spoke to the county attorney who said he is okay with it because the quote request indicated “or equivalent”. Commissioners stated that they would like to get the okay from the county civil attorney and they will get back to the Sheriff’s Office.

Commissioner Kirby moved to approve the minutes of December 23 and 24, 2019 and December 30 and 31, 2019. Commissioner Cossairt second. Motion passed unanimously.

Clerk Poston asked if Commissioners were going to address the information request regarding county liability insurance. Chairman Dinning said yes.

Chairman Dinning stated that Commissioners have to reply to the Forest Service on the Scoping Notice for the Westside Restoration Project and he would like to employ Kevin Greenleaf and Bob Blanford to look at that issue. Commissioners had no problem with that.

Commissioners specifically reviewed each claim for payment from the Solid Waste Department for this month. Monthly, Commissioners will randomly pick a department and review each individual claim for that department.

2:00 p.m., Commissioners met with Kootenai Tribe of Idaho Administrative Director Rhonda Vogl and Bonners Ferry District Forest Ranger Kevin Knauth for an update on Kootenai Valley Resource Initiative (KVRI) and Forest Service projects.

Ms. Vogl stated that tonight KVRI will be welcoming new City of Bonners Ferry Mayor Dick Staples at the KVRI meeting. There will be a presentation from John Ailport regarding the hazardous fuel treatment program for private lands. Kevin Knauth and Anita Hanson will give a presentation on the Collaborative Forest Landscape Restoration Program (CFLRP) status, annual report and accomplishment reporting. There will be forestry and grizzly bear committee updates in addition to reappointments to the KVRI Board, request to ratify a prior act signing a letter of commitment from the joint collaboratives, and also a joint Memorandum of Understanding (MOU) for the collaboratives, and a letter of support for the Skin Creek Bridge Project from KVRI.

Commissioner Cossairt moved to authorize Chairman Dinning to sign the letter of support by KVRI for the Skin Creek Bridge Project. Commissioner Kirby second Motion passed unanimously.

District Ranger Kevin Knauth stated that the Forest Service also submitted a letter of support for the Skin Creek Bridge Project. Mr. Knauth stated that he will be providing a CFLRP Project update at the KVRI Board meeting tonight.

The Forest Service did accept bids for the Boulder Dash timber sale, but as of now there are no bids and the reason is probably it is a winter log only and it cannot start until next winter. The sale is only 3.2 million board feet, so it is not a big sale. The Forest Service is not in a huge hurry to re-advertise it. There is still a month for someone to submit a bid. If there are none, the Forest Service will wait until next fall to re-advertise.

Regarding Pilgrim 2, the county did not know the case was going on and the county could have intervened had they known, according to Chairman Dinning.

Robin Hood timber sale is in late spring and Hart Wall is next summer, according to Mr. Knauth.

Discussion was held regarding Westside Restoration and the winter travel plan and implementation. Kootenai Point Trail was also of concern, as it has to do with a Grizzly Bear Management Unit (BMU). Chairman Dinning inquired if there is adequate room to accept that as a high use trail. It will be close, according to Mr. Knauth. Still planned for decision in the first quarter of fiscal year (FY) 21 is Westside Restoration.

Katkee Fuels is slated for decision in the third quarter of FY 23. The environmental assessment (EA) has been signed for Grouse BMU. A road storage contract will be awarded this year. The challenge is that open road density does not allow both to be done at the same time, according to Mr. Knauth.

The Bog Creek Road Environmental Impact Statement (EIS) might be signed by the end of the month for the final decision. It can be litigated after that. Commissioners asked Mr. Knauth if it is litigated, to let them know. If there is no litigation they can begin work in the Bluegrass BMU.

The Forest Service is delaying the Trout Ball project until Long-Smith and Bluegrass BMU meet standards.

Chuck Schoonover joined the meeting at 2:25 pm.

According to Mr. Knauth, a decision regarding winter travel planning will be made in FY 23. Mr. Knauth stated that the Forest Service is having to pay a lot of attention to their projects. Do they make sense and are they sound. The challenge with that is that it takes about three times as long to do the analyses.

Chairman Dinning inquired if the new proposed Council on Environmental Quality (CEQ) updates help us. We might see something that maybe helps speed things up a little bit, per Mr. Knauth. The National Environmental Policy Act (NEPA) process is the direct link and it would occur with or without some of the guidelines. The Idaho Forest Restoration Partnership shows all the projects across the state that were involved with the CFLRP and we consistently got projects out faster, according to Mr. Knauth.

Mr. Knauth and Ms. Vogl left the meeting at 2:30 p.m.

There were no Board of Equalization (B.O.E.) matters.

2:35 p.m., Commissioner Kirby 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 Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 3:29 p.m. No action was taken.

Commissioner Cossairt moved to approve up to an additional $5,000.00 expenditure with Action Agency for a personnel issue. Commissioner Kirby second. Motion passed unanimously.

Mr. Schoonover left the meeting.

3:30 p.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to provide a Restorium report. A written report was submitted. Ms. Magee and Commissioners reviewed information contained in her Restorium report to include expenses and revenues received, hours worked, and billed amount for rooms. There are 36 residents currently, of which 10 are on Medicaid. Chairman Dinning asked if accounts receivable over 30 days is a Medicaid patient not paying their part. Ms. Magee said one is. Chairman Dinning stated that there is one on the books that is non-collectable and Commissioners need a letter from Ms. Magee informing them of that fact so the Commissioners can write it off.

Panhandle Health District wants to know if the Restorium maintenance person can plow and shovel snow at the Health District Office. Commissioners said no. Ms. Magee will let the local office know and Commissioner Kirby will call the Coeur d’Alene office to see what can be done.

3:49 p.m., Commissioner Kirby 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 and Idaho Code 74-206(1)(d) to consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 4:00 p.m. No action was taken.

Road & Bridge Co-Superintendent Renee Nelson called regarding documentation wanted by the Prosecutor as it has to do with a road that is not a county road. Snow accumulation was briefly discussed. Ms. Nelson said there is less snow gong east and Road & Bridge has not heard of anything over a foot of accumulation.

Commissioners attended to administrative duties. Chairman Dinning informed Commissioners of a personnel issue at the Parks Department.

4:31 a.m., there being no further business, the meeting adjourned until tomorrow at 9:00 a.m.

***Tuesday, January 14, 2020, Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Nancy Ryals.

9:00 a.m., Commissioners met with John Ailport, Inland Forest Management, for an update on the Fire Safe Program and to discuss applying for program grant funding opportunities.

Undersheriff Rich Stephens joined the meeting. Commissioners informed Undersheriff Stephens that they have not spoken to the county attorney yet regarding the sheriff’s vehicle. Undersheriff Stephens left the meeting.

Mr. Ailport spoke of the open grants that are currently being worked on. Mr. Ailport stated that they went with one contractor, who was the lowest bidder, on all of the projects and the contractor did a good job and the process worked out well.

Project 16HFT Templeman Deer was completed in December 2019 and 64.5 acres were treated. Most of that project was up Smith Lake area.

16 Western Fire Manager Grant, 16WFM South Boundary, was due to be finished in 2019 but an extension was filed. The deadline is now May 2020. Targeted were 135 acres but almost 173 acres have been treated to date with five more acres anticipated for treatment.

17 Westside Grant is a $150,000.00 grant and the target is 86 acres. The deadline is November 2020.

18HFT Templeman Deer II is a new grant with 45 acres anticipated to be treated. The deadline is November 2021. This grant should go fast and may be done this working season.

2020 WFM South Boundary is the same footprint as the 16WFM grant. We have not seen the official award and there is no MOU yet. It should expire in November 2022.

The deadline to apply for additional funding is January 24, 2020. It typically takes a year for projects to be chosen or denied and if awarded, for MOUs to be finalized. Mr. Ailport inquired if the county wants to file for additional grant funding. Mr. Ailport said there are a lot of different options. Highway 2 to Montana would be a good area to treat. This would be a Hazardous Fuels Treatment (HFT) grant similar to 18HFT in order to continue the flow of funding into 2023. Chairman Dinning stated that we don’t want to get so many grants that we cannot take care of all of them and he and Mr. Ailport have spoken about that, but we need to keep the work going. We have spent about three million grant dollars since the beginning of the projects and about 3,000 acres of property have been treated, according to Mr. Ailport.

Commissioners agreed to keep the program going and to ahead with applying for the grants. Mr. Ailport reported that he gave a history of the fire safe program at the KVRI meeting last night.

Commissioner Cossairt inquired if there are people who absolutely do not want their trees thinned. Mr. Ailport said a couple of people each year back out. Some people want privacy barriers and others do not. Mr. Ailport stated that he will apply for additional funding. Commissioners asked that Mr. Ailport send Commissioners a copy of anything he submits to the State.

Chairman Dinning asked if there are any hiccups with the process. Discussion was held regarding the process between the county, Idaho Department of Lands, and Panhandle Area Council.

Undersheriff Rich Stephens dropped by again. There was one question the county attorney had regarding the alternate quote for a Sheriff’s vehicle and Undersheriff Stephens gave Commissioners the paperwork showing the answer to that question. Commissioners will speak with Attorney Hull when he is finished in court this morning.

Discussion was held regarding the timing of payments for the Fire Safe Program to the contractors, the grant manager, and grant administrator. Clerk Poston suggested that contractors submit their invoices by a certain date since the state only pays once per month.

Commissioner Cossairt inquired if the state dictates when the contractors can get into the woods. Mr. Ailport stated it is more the weather that dictates that. You cannot go in when it is too wet.

Mr. Ailport left the meeting at 9:45 a.m.

County Civil Attorney Tevis Hull joined the meeting at 9:48 a.m.

At the request of a citizen, Commissioners placed a call to Road & Bridge and asked them to plow Echo Drive.

Discussion was held regarding the alternate quote for the Sheriff’s vehicle since the vehicle the Sheriff’s Office was intending to purchase is not available until later in the year. Attorney Hull stated that the county can go with the alternate quote since the request for quotes specifically states “or equivalent”.

Commissioner Kirby moved to cancel the vehicle order with Taylor & Sons Chevrolet and accept the quote from Mike White Ford for a Sheriff’s vehicle. Commissioner Cossairt second. Motion passed unanimously.

Attorney Hull said that the Memorandum of Understanding with the City of Bonners Ferry regarding maintenance of a portion of Highway 95, which extends into the county to Labrosse Hill Street and Pine Island Road, is good to sign. Commissioners made a motion on October 7, 2019 to sign the document on approval of the county civil attorney. Commissioners signed the document.

Chairman Dinning informed Attorney Hull that the City of Bonners Ferry hired a contractor to put a sewer line across the Kootenai River. The contractor put a hole in the county waterline and the county paid the bills to find where the leak was coming from and to repair it. The City is asking the county to submit a tort claim to recover the costs. Clerk Poston stated that she has submitted the tort claim.

Chairman Dinning reported that Road & Bridge Co-Superintendent Renee Nelson brought in some information regarding the road that takes off from the end of Mountain Meadows Road. Commissioners gave the information to Attorney Hull.

Regarding the Ruen-Yeager & Associates contract for assistance in the Planning & Zoning office, the county has to clarify their role.

Assessor Dave Ryals joined the meeting at 10:05 a.m.

10:05 a.m., Commissioner Kirby 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 and (f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.

Assessor Ryals left the meeting at 10:13 a.m.

10:17 a.m., Commissioner Kirby left the meeting to take care of personal business.

The executive session ended at 10:51 a.m. No action was taken.

Commissioners attended to administrative duties.

Commissioner Kirby returned to the meeting at 11:12 a.m. Commissioner Kirby reported that the snow plowing and shoveling issue at the Panhandle Health District building has been taken care of. The county is not responsible. The Health District is contracting with someone to take care of the snow.

There being no further business, the meeting adjourned at 11:30 a.m.

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DAN R. DINNING, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Nancy Ryals, Deputy Clerk