***Monday, June 01, 2020, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby (via telephone), Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

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

Commissioners held an elected officials/department heads meeting via conference call. Present were: Road and Bridge Department Co-Superintendents Randy Morris and Renee Nelson, Solid Waste Department Superintendent Claine Skeen, Prosecutor Jack Douglas, Sheriff Dave Kramer, Treasurer Sue Larson, University of Idaho Extension Educator Amy Robertson, Chief Probation Officer Stacy Brown, Noxious Weeds Department Superintendent Dave Wenk, Personnel Director Pam Barton, Veterans Service Officer Ron Self, Boundary County Victims Service Advocate Becky James, and Boundary Emergency Services Manager Andrew O’Neel.

Prosecutor Douglas, Treasurer Larson, Ms. Robertson, Ms. Brown Ms. Nelson, Mr. Wenk, Mr. Self, and Ms. James had nothing new to report.

Sheriff Kramer said the Sheriff’s Office is seeing a little more activity, but everything is still going well. Chairman Dinning said Verizon has made comments to Economic Development Director Dennis Weed that they have a lot of new equipment they will put up to improve service, but they have to wait until they have road access to get to the tower. Sheriff Kramer said Search and Rescue was called out to Upper Pack River for an incident and they did a good job. It was the first time where someone activated a locating beacon. Chairman Dinning commented to Sheriff Kramer that the bailiff had mentioned the possible use of the Courthouse for training the new drug dog.

Mr. Skeen said the landfill is busy and they’re repairing the recycling building.

Ms. Barton gave a reminder that there is an early deadline for claims, which is June 4th.

Mr. O’Neel said Idaho has entered stage 3 of the reopening plan. This stage opens everything except for businesses and places that would have more than 50 people, such as night clubs, sporting venues, etc. Restrictions remain in place for people wanting to visit senior living facilities and jails. Mr. O’Neel commented that if nothing specific is seen in the next two weeks, stage 4 is proposed to start on June 13th. If there is an uptick of the virus, the response will be more of a regional response as opposed to statewide. Mr. O’Neel reported on the number of virus cases reported by the Panhandle Health District for Kootenai County, Benewah County and Bonner County.

Mr. O’Neel said he’s watching the rivers for flooding. The Kootenai River increased by three feet so it’s in action stage and the Moyie River increased by one foot so it’s also in the action stage.

Chairman Dinning said other than two specific employees, there are no more covid hours to list on timesheets. The Courthouse is still operating as it did last week with permitting no more than 10 members of the public in at a time. Tomorrow when Idaho goes to stage 3, the Courthouse will still follow the guidelines of wearing a mask in the Courthouse and practice social distancing.

The elected officials/department heads meeting ended at 9:09 a.m.

Chairman Dinning listed what claims were signed.
Chairman Dinning suggested postponing tomorrow’s regular meeting with Planning and Zoning Administrator John Moss to later in the day due to a scheduling conflict.

Commissioner Cossairt moved to amend the agenda for tomorrow in order to reschedule their meeting with Planning and Zoning Administrator John Moss to 1:30 p.m. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign Certificates of Residency for Nolan Smith, Kaylee Worley, Aleah Jones, and Brenda Solt. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties until their meeting at 9:30 a.m.

Clerk Glenda Poston joined the meeting at 9:27 a.m.

9:30 a.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.

Mr. Morris spoke of starting a project at the fairgrounds using a grinder patch with the grout material they were given. Mr. Morris said they had 400 tons of this grout. Road and Bridge might have the crusher going in the next day or so.

The meeting with Mr. Morris and Ms. Nelson ended at 9:34 a.m.

Commissioners spoke to Attorney Tevis Hull via telephone 9:35 a.m.

Commissioners discussed possibly extending the emergency declaration pertaining to COVID-19. Mr. O’Neel had visited with Idaho Office of Emergency Management Local Area Field Officer Jay Baker who felt that since it isn’t certain what assistance the county may need in the future, he suggested extending the emergency declaration so the county has the authority to do something out of normal operations. Commissioner Cossairt said Commissioners should extend the declaration as they don’t know what will happen in the future and extending the declaration doesn’t tie the county’s hands.

Commissioner Kirby moved to extend the current Declaration of Emergency pertaining to COVID-19 for an additional 30 days to June 30, 2020. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Deeds of County Property for parcel RP61N01W132408A and parcel RP002700020010A that had been sold at the county’s tax deeded property auction, once the deeds have been prepared and verified. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to sign the Federal Aviation Administration 65S-NMG-3-16-0004-017-2020 grant agreement and related documents. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Kirby moved to sign Work Order 20-01 for the Boundary County Airport. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to postpone the public hearing to consider an increase in Planning and Zoning fees until Tuesday, June 16, 2020, at 1:30 p.m. and it will be held in the Extension Office. Commissioner Kirby second. Motion passed unanimously.
9:58 a.m., Solid Waste Department Superintendent Claine Skeen contacted Commissioners via conference call to give the department report.

Mr. Skeen spoke of meeting with JUB Engineering to finalize the landfill’s operation plan prior to working on the closure/post closure plan. Chairman Dinning said Commissioners will need an agreement to do that. Chairman Dinning asked the status of damage to the recycle building at the landfill. Mr. Skeen said the damage report has been filled out and he has pictures so he will bring them to the Courthouse today. As of now the building has been reconstructed, sheet metal will be available this week and then the electrical will be redone. The public should be able to use this building again today or tomorrow, according to Mr. Skeen. Chairman Dinning said Commissioners need to be made aware of these incidents immediately and this may also rise to the level of drug screening. Those present discussed time sheets and COVID-19 hours. Commissioners said all COVID-19 hours went away as of May 18th, but they’re still being listed on time sheets so technically the county has overpaid the rural site monitors. This should’ve been run that by Commissioners as those conditions ended.

Commissioners questioned if the rural sites should now be opened to their regular hours. Mr. Skeen said if they are opened to the regular schedule, he will have to fill a position at the Paradise Valley location. Mr. Skeen said the system is going very well using the roll offs so he would like to keep it that way for now. Mr. Skeen added that the landfill is still open seven days per week. Chairman Dinning asked about leaving the monitored sites open longer, such as having the monitored sites open until 6:00 p.m., on Tuesdays, Thursdays and Saturdays.

Commissioners asked Mr. Skeen to update his staff on the process of reporting accidents and drug testing.

The meeting with Mr. Skeen ended at 10:10 a.m.

10:30 a.m., Chief Probation Officer Stacy Brown joined the meeting to provide a department report.

Ms. Brown informed Commissioners that there are two active and two pending cases in the diversion program. There are 19 juvenile probation cases and four pending cases. There are 27 adults on misdemeanor probation and 132 people on unsupervised probation. Things are running pretty smoothly, according to Ms. Brown. There are five drug court cases, but she may be off by one. Ms. Brown spoke of having weekly Zoom video conferencing meetings so she doesn’t have to go to Boise. One Probation Office employee will be back to work in the office on Thursday. Ms. Brown said other than that the Probation Office will continue having hand sanitizer available in the hallway as it doesn’t hurt to keep vigilant. Remodeling of the back half of the armory is almost done, according to Ms. Brown.

The meeting with Ms. Brown ended at 10:32 a.m.

11:30 a.m., Boundary Economic Development Council Director (EDC) Dennis Weed joined the meeting to provide an update on EDC projects. Stephanie Franke with EL Internet, North Idaho College (NIC) Regional Outreach Center Manager Christine Callison and Boundary Emergency Services Director Andrew O’Neel also joined the meeting via the conference call.

Mr. Weed commented that the City of Moyie Springs sewer project continues to move forward. The City was awarded the Department of Environmental Quality (DEQ) and block grants so there is now 1.2 million dollars in grants and they’re still going to apply for funds of up to one million dollars through the Army Corps of Engineers as well as any available grants through the United States Department of Agriculture. If the City of Moyie ends up getting two block grants in addition to other grants, funding could be close to paying for the entire project. The sewer committee meetings take place monthly and discussion includes chlorination vs ultraviolet lights in relation to costs, maintenance, and time.

Mr. Weed informed Commissioners that he did submit the Economic Development Professional (EDPRO) grant application and it was received. Funding is for $30,000.00 through the State of Idaho Department of Commerce for the EDC position.

Mr. Weed said in the fiscal year 2020-2021 budget for North Idaho College (NIC) is the plan to close the Bonners Ferry and Silver Valley campuses and he has contacted congressional representatives and the school district superintendent about writing letters. Mr. Weed said the Bonners Ferry community generally won’t drive farther in order to take classes so he’s fighting to keep the center here.

Ms. Callison informed Commissioners the college is facing severe financial constraints and the conversation regarding closures has become urgent with the proposal to close centers this fall. The center in Bonners Ferry is open for limited services and enrolling students for classes currently on the schedule. The information on what is going to happen is not yet clear. Chairman Dinning said he’s already given a call to North Idaho College’s Chief Financial Officer (CFO) Chris Martin so Boundary County has voiced their support of keeping this campus open. Ms. Callison explained that funding for the campus comes out of several different line items and she oversees $100,000.00, which is for small staffing expenses and maintenance and operation expenses. Ms. Callison clarified that her budget does not include anything with regard to lease payments, utilities or faculty salaries. To identify the full cost would require consolidation with other pieces of the budget. Chairman Dinning said it would be a shame to close the campus as this community bought the building. Ms. Callison said in the time that NIC has had the campus in Bonners Ferry there have been a number of leadership transitions at NIC so she is not entirely sure how much the current leadership is fully aware of how this campus started and got to this point. Comments were made about community investment and services provided. Ms. Callison said she doesn’t know how in-depth the conversations have been as she has not been involved directly in those conversations.

Chairman Dinning said in the beginning, the City of Bonners Ferry, Kootenai Tribe and the county were involved in this project. Ms. Callison said the Kootenai Tribe has been an ongoing supporter with dollars gifted over the years continuously. Those present discussed having talks with NIC’s Board of Trustees, President and CFO.

Mr. Weed said the Innovia Foundation had a grant available for non-profits totaling $36,000.00 and now this foundation is coming out with second allotment next week, but only three groups have applied for the second round of funding. Mr. Weed said he has a meeting this week so he will try to add some groups back on the application who had applied for the first round.

Mr. Weed informed Commissioners that Boundary County’s unemployment rate increased to 11.4% for the month of April and he wants to know how that number was arrived at as it could include people who live here, but work out of town. Boundary County had the lowest rate out of other north Idaho counties.

Mr. Weed spoke of Wood’s Meats having a hard time keeping up with demand and he mentioned that if he and Mr. O’Neel can get a group of grocery store managers together, he would like to see how everyone can best be served and what we can do in the county before fall season comes. Mr. O’Neel said that makes sense and it’s a good plan. Mr. Weed commented that we need to solve this supply issue for the next time. Mr. Weed asked if there are any other USDA approved meat processors close by other than Wood’s, but nobody could think of any. Mr. Weed said he feels we’re in a lull with the virus so we need to be prepared for fall. Clerk Poston mentioned that Anheuser-Busch is providing hand sanitizer for election poll workers. Chairman Dinning said Commissioners are telling their departments to be prepared for another hit of the virus.

Chairman Dinning said Commissioners’ earliest concerns were for supplies for the Restorium and the Restorium administrator is preparing for this fall so they will be in better shape.

The meeting with Mr. Weed, Mr. O’Neel and Ms. Callison ended at 12:15 p.m.

Commissioners recessed for lunch at 12:15 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 Michelle Rohrwasser.

1:30 p.m., Restorium Administrator Karlene Magee joined the meeting to give the department report. Ms. Magee said the final inspection for a pest issue was conducted. Those present discussed updating the Restorium Admissions Agreement and having the county civil attorney review it. Chairman Dinning questioned if there is anything that addresses viruses in the agreement or if there is verbiage she can find in other facility agreements. Ms. Magee said she had checked locally for a truck for the Restorium, but the cheapest she could find is $13,000.00. Chairman Dinning suggested letting both local dealerships know what she is looking for and that it’s something that a snowplow could be installed on. Ms. Magee said the Restorium’s van is also in bad condition.

Ms. Magee said she’s working on a contract for billing so she will have contracts for Medicaid, Molina and Blue Cross. Ms. Magee said the nursing situation for the Restorium is changing. Ms. Magee spoke of having masks on hand, but that alcohol prep wipes are hard to come by. The wipes are on Amazon, but they’re a bit more expensive. Commissioners suggested checking with Boundary Emergency Services Manager Andrew O’Neel and his sources. Commissioners said Ms. Magee will want the Restorium to be prepared to withstand what we just went through with the virus. It was mentioned that the Restorium has a few thermometers now. Ms. Magee asked if the tractor is available for the Restorium’s use and Commissioners suggested Ms. Magee checked with Parks and Recreation Department.

The meeting with Ms. Magee ended at 1:50 p.m.

1:50 p.m., Gary Leonard joined the meeting to discuss the 4th of July fireworks event. Also present were: County and City Insurance Agent for Idaho Counties Risk Management Program (ICRMP) Darrell Kerby with Pace-Kerby Insurance, Bonners Ferry City Attorney Andrakay Pluid and City of Bonners Ferry Mayor Dick Staples. County Civil Attorney Tevis Hull and City of Bonners Ferry Administrator Lisa Ailport joined the meeting via telephone.

Chairman Dinning stated that Mr. Leonard had an earlier visit with the City of Bonners Ferry to apply for a permit. Chairman Dinning said Commissioners have been investigating insurance matters in relation to the COVID-19 virus. Mr. Kerby stated that Commissioners initially inquired into insurance coverage as it pertains to potential COVID-19 problems in relation to the Restorium and not being able to maintain or have people in the facility due to illness and as a result would lose income from the loss of occupancy. Commissioners had asked if ICRMP would respond to the loss of income to that property due to COVID-19 and that answer is no, and it’s across the board for liability as well as loss. Mr. Kerby explained that ICRMP is an insurance pool and since its inception when writing their policy, they have understood that pollution coverage has always been a high cost and a high risk exposure. ICRMP felt that for entities in Idaho, this wouldn’t be a peril they would insure. The definition of pollution specifically includes virus and it appears very clearly that the intent of this coverage would not provide coverage for this event. Knowing specially the July 4th event is coming up, if a claim was brought forward by someone claiming they got COVID-19 at this event and if they brought a suit against the city or county, there would likely not be coverage. In this case, due to the pandemic and virus, this is not a risk ICRMP would respond to. Mr. Kerby said the claim would go against the county’s taxpayers to foot the bill and it’s not a risk that would be passed on by contract to someone else. It was said there is no exclusion for July 4th and the only exclusion is pollution if someone became sick at an event sponsored by either entity, the city or county, there would be no coverage for either entity. Mr. Leonard said in sponsoring that event entities provided funding, property, maybe police, etc., and it’s been the same. People are going to fall back on the deepest pockets they can find if someone gets sick and wanted to sue. Mr. Leonard said his question is are we going to have July 4th or not and he added that there is always a risk and there has been a risk for all these past years. Chairman Dinning said in talking to Panhandle Health District, they didn’t say yes or no as they provide guidance. Part of that with the Panhandle Health District and the state is looking at surrounding areas. Commissioners have seen that Troy, Montana and Sandpoint have cancelled their events. It was said there is a group of citizens attempting to have an event in Sandpoint, but it’s not sponsored by a Lions Club, the long-time sponsor. Kootenai County has also cancelled their event. Attorney Hull said today he received notification that Sandpoint’s Long Bridge Swim event in August has been cancelled. Chairman Dinning said what Commissioners are looking at is if Boundary County is the only location having an event, we’re going to draw people in from other areas that is beyond our normal draw of people. What risk are we putting our community at and that is what Commissioners are looking at.

Chairman Dinning asked Mr. Leonard what he envisions. Mr. Leonard said he doesn’t promote the celebration outside of the area, it’s just for citizens of Boundary County. Mr. Leonard added that he cannot prevent people from coming from Troy or Libby, Montana, etc. Mr. Leonard said the decision to make is if the risk is so great that it will kill the event. Everyone wants the July 4th celebration; it’s got to happen. The community itself, with all that has been going on, his vision is that this is the greatest opportunity to reconnect. There are a lot of people scared to death and some that are tired of the overreach. His impression is there are a lot of people who want to have the celebration. Chairman Dinning said the county has to look at the worst case so is the worst case scenario worth it? Mr. Leonard said no and he added that there is also an act of God and some people are going to get sick anyway. Mr. Leonard commented that he feels people are responsible and if they’re sick, he doesn’t think they would come to the celebration. Chairman Dinning said as far as sponsoring it, is that something they want to put on the county taxpayer? It’s literally betting the farm and all assets of both entities are on the line as there is no coverage, according to Attorney Pluid. Is that a risk to take on on behalf of city taxpayers? Mr. Kerby said it’s an interesting disease or it wouldn’t be a pandemic and approximately 20% of the people affected don’t present symptoms so they don’t know they have it. That’s why it’s an insidious disease as some don’t show symptoms. That is one of the issues Governor Little has with larger events. Attorney Hull said the other thing is obviously this is for consideration by Commissioners and one matter Mr. Leonard brings to the forefront is that there are a lot of people who want to have this celebration. It’s a unifying event, however one of the problems going forward is if you have all of these surrounding communities cancelling their own events and you have this singular event happening, you’re extending an invitation to all these different communities and people who want to support us on the 4th of July. It will be inviting, not only Boundary County residents, but a host of communities from south of Boundary County as well as from the east and west in other states and that is what Commissioners have to look at.
Mayor Staples said personally, he would love to see the event happen as it’s time, but he certainly understands the liability as well. Attorney Pluid said the city and county have taken on this event as a joint sponsored celebration for the purpose of providing insurance. The city only permits for the parade, not for the fairgrounds. The permit has to do with the closure of city streets and traffic control. Typically for the parade, if it’s not sponsored by government, the sponsor is required to provide insurance to hold harmless. So the door is not closed to hold a parade, but that would require insurance. In the past the city and county had provided coverage.

Attorney Hull asked if there are other policies available and Mr. Kerby said he’s not sure of any carriers that would take this on and he likened it to getting insurance for a barn that is already on fire. Attorney Hull said if there is insurance that would cover both the city and county, that would sway Commissioners to make a decision. If there is no coverage available and that is a risk concern to people and an obvious criteria Commissioners will have to look at. Mr. Kerby said he is not aware of a policy, but he would have to look and it would probably be very expensive. Commissioner Cossairt said he doesn’t think the county can afford the risk. Commissioner Kirby said if insurance companies can’t afford the risk, the county certainly cannot. People will come to town whether or not you tell them to stay home. It’s just too big of a risk, according to Commissioner Kirby. Mr. Leonard said with Troy, Libby and maybe Sandpoint that could mean up to 5,000 people. Normally we have 1,200 to 1,500 people with another 1,000 people watching in outlying areas all around. Mr. Leonard asked when Idaho would be going into phase 4 and when can he come into the Courthouse and not wear a mask. Chairman Dinning said when the Idaho Supreme Court says we don’t have to wear a mask in the Courthouse. Mr. Leonard asked when all restrictions are to be lifted. Chairman Dinning said Panhandle Health District and the Center for Disease Control (CDC) recommends that after phase 4, social distancing should still be encouraged. Attorney Hull said by command from the Supreme Court they cannot even have jury trials until after August for criminal cases and October for civil cases. So we’re talking about bringing pools of people into the Courthouse and the Supreme Court is saying not until after August 3rd. Mr. Kerby said he doesn’t think they’ve figured out how to bring together bigger groups so he doesn’t think there is an answer to Mr. Leonard’s question yet.

Chairman Dinning asked Mr. Leonard how much money he’s already committed. Mr. Leonard replied that he’s committed $5,600.00 and he also raises money and has a raffle. Commissioners asked Mr. Leonard if he had already purchased the fireworks and Mr. Leonard commented that they’re ordered and on their way. Chairman Dinning said when stored properly, do the fireworks have a life span of a year? Mr. Leonard
replied that he doesn’t know and he added that his fireworks distributor has a large amount of fireworks available due to cancellations. Chairman Dinning said Commissioners have the responsibility of looking at county resources and assets so that is what we’re looking at. Commissioners were asked about patriotism over fiduciary responsibility to the taxpayers and they replied that they have the responsibility to look at all other things, such as health, financial and good social reasons and what outweighs what. Mr. Leonard said in looking at worst case scenario, it would be a disaster, but he doesn’t see the worst case scenario, it’s just a stretch. If the county doesn’t support the event, what can happen? Is the insurance the only issue Commissioners have? Chairman Dinning said that was the primary issue, but when you mention there being potentially 5,000 people that brought a whole different level of infection to the community. Chairman Dinning said we have had other events that draw that many people to the community and he’s wanted that to happen for the benefit of the community, but in this case we’re running into a disease where we don’t have a vaccine. Chairman Dinning added that he doesn’t want to be Blaine County where the virus started in Idaho and have to deal with the cost and people’s lives. The insurance is just what brought this up. Attorney Hull said we’re all struggling with personal feelings versus duties and responsibility as leaders in the community. It’s an awful thing to struggle with and ultimately there will have to be a decision made and it will be painful one way or another. Mr. Leonard informed Commissioners that Sheriff Dave Kramer has said he has no issues with this celebration taking place.

The meeting to discuss the 4th of July ended at 2:35 p.m.

Chairman Dinning said the county does not allow sponsorship. Commissioner Cossairt said Mr. Leonard would have to provide insurance himself to have coverage. Attorney Pluid said the city’s clerk was struggling to cover pollutants as well as it pertains to the all class reunion.

Mayor Staples, Mr. Kerby and Attorney Pluid left the meeting at 2:42 p.m.

Commissioner Kirby said it would be foolish to have an event that people from other counties are going to come to and watch. If we do it, we’re putting ourselves out there.

American Legion Post 55 Commander Manny Figueroa joined the meeting at 2:50 p.m.

Mr. Figueroa thanked Commissioners for their support of Veterans of Foreign Wars(VFW)/American Legion. Commissioners explained they are creating an office for the Veterans Service Officer to work with veterans. Mr. Figueroa said every year he put the flags up at Memorial Park and then takes them down and he had asked Courthouse Maintenance John Buckley why the flags could not be up full time. Mr. Buckley had replied that there would be maintenance on the flags. Mr. Figueroa said it would cost approximately $400.00 to replace them once per year aside from the flags for the cemetery. Mr. Figueroa said he and other members of the Legion and VFW have talked and if the issue is with funding, they would cover half or all of the cost if the county couldn’t. Mr. Figueroa said he talked to City of Bonners Ferry employee John Youngworth about putting in more lighting. There are 13 bare poles most of the year and there should be flags on them year round. That area doesn’t experience a lot of wind. Veterans can pay for lights and maybe city staff can donate time to maintain them. Chairman Dinning said there is $4,000.00 in the Other-Misc. budget and $3,000.00 in the budget for repairs and $9,000.00 in the Capital-Other budget. It was said we would want to make sure there are funds for two sets of flags and replacement poles. The county can purchase lights if the city can install them. Commissioner Kirby said we should do this and it’s a good idea. The miscellaneous budget of $4,000.00 was referred to.

Commissioner Kirby moved to purchase an extra set of 13 flags, pay for the hard cost to purchase light fixtures and set aside budget for extra flags for Memorial Day when the times comes. Commissioner Cossairt second. Motion passed unanimously.

The meeting with Mr. Figueroa ended at 3:21 p.m.

Deputy Clerk Pam Barton joined the meeting.

Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 3:40 p.m. No action was taken.
Ms. Barton left the meeting.

Commissioners tended to administrative duties.

4:00 p.m., Parks and Recreation Board Chairman Rob Tompkins joined the meeting at Commissioners’ request. Chairman Dinning informed Mr. Tompkins that the Restorium needs to borrow the tractor and he asked if this topic could be discussed at the Parks Board meeting. Mr. Tompkins said he would have the Parks and Recreation maintenance person contact Squire Fields at the Restorium.

Chairman Dinning said Commissioners receive questions from various board members, but Commissioners would prefer to have one contact person. Chairman Dinning stated that Idaho is in stage 3 of the reopening plan, which allows groups of up to 50 people. Mr. Tompkins asked about youth sports. Chairman Dinning replied that Commissioners had just talked about the 4th of July and with youth activities there is specific criteria, such as the need for social distancing with spectators. Everything that is being limited they’re already doing and Commissioners suggested having the youth activities director contact Panhandle Health District so they can be given current information. Mr. Tompkins said little league is different as that is a Sandpoint organization so there is different protocol. Mr. Tompkins asked if the Parks Board should open up registration for certain sports and Chairman Dinning suggested waiting until going into stage 4, which would be approximately June 13th. It was said Parks and Recreation staff will contact Panhandle Health District about concessions and sports. Chairman Dinning updated Mr. Tompkins on Idaho Counties Risk Management Program insurance coverage as it pertains to the definition of pollutants.

Mr. Tompkins asked Commissioners about the ability to have the Parks and Recreation maintenance person supervised by a county employee. Those present discussed positions and hours budgeted for those positions and questioned the budget as far as the Parks Board having four staff members, but the budget shows only three positions.

The meeting with Mr. Tompkins ended at 4:45 p.m.

Commissioners returned a telephone call to Gary Leonard at 4:46 p.m.

Mr. Leonard informed Commissioners that he was pretty disappointed about the earlier meeting and he cited the low number of COVID-19 cases in Bonner County and Lincoln County and mentioned that there are zero cases in Boundary County. Mr. Leonard said if you take the total population of those place and the mortality rate in Lincoln County, you’re looking at seven cases. That’s the first thing, the virus exists in very limited quantities. Commissioners had said that people can be sick and not show symptoms, but he doesn’t think people in places such as the Restorium will come out. The cases are pretty much non-existing in the counties that have people who would come and watch the fireworks show. Mr. Leonard said in general there are the exclusions so there isn’t coverage for anything. There is as much risk with this event with people and fumes from the smoke and fireworks as there is risk for COVID-19. Mr. Leonard said he knows there is a fiduciary exposure to taxpayers, but what are the chances of the virus getting transmitted here with significant symptoms and people dying? The odds are pretty astronomical. Mr. Leonard said if he got his own insurance policy and had the event without the county’s blessing, he would be the one totally responsible. He could have the event and the liability would fall on him. Chairman Dinning said he understands what Mr. Leonard is saying. If the county did not authorize the event or sanction it and did not provide county insurance and Mr. Leonard went ahead and had the event, then the responsibility would fall on him. Yes, according to Mr. Leonard. Mr. Leonard asked Commissioners to please think about it as he feels it’s been a good thing and he would hate to see it fall apart for what he sees is a wrong reason. Mr. Leonard said if you go back and had an actuary and say these are the three counties that have people who would come and this is the total population of those counties, some people from those counties will come here. What are the odds of someone bringing the virus here and getting sick? The virus has already been here, according to Mr. Leonard. Commissioners cannot say yes or no. Chairman Dinning commented that there was one case of the virus in Benewah County late last week and the cases have now ballooned to 13 to 14 when they had no cases just like Boundary County. There are no cases here as of this morning and there are no cases anywhere else associated with Boundary County.

Mr. Leonard’s call ended at 4:56 p.m.

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

***Tuesday, June 02, 2020, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Sheriff Dave Kramer, Undersheriff Rich Stephens, and Sheriff’s Administrator Crystal Denton joined the meeting. County resident Brandon Leonard also joined the meeting. County Civil Attorney Tevis Hull joined the meeting via conference call.

Chairman Dinning said to clear this up for the public, what Commissioners are discussing at this point is liability coverage for the July 4th event. Commissioners are saying that under today’s conditions if they participate by providing insurance coverage, Boundary County is at risk for an uncovered claim through its insurance policy and the citizens, as taxpayers, would pay for the huge defense as the county’s risk insurance carrier, Idaho Counties Risk Management Program (ICMRP), will not cover this. The issue is use of the fairgrounds. After giving this matter some consideration, Commissioners don’t have a clue what conditions will look like on the 4th of July. We’re trying to make a decision based on what conditions we have today and are projecting into the future. Chairman Dinning said this thought is that Commissioners continue going forward with these discussions until the end of June or first part of July and really take a look at what is happening in the adjoining counties at that time in order to make a decision. Chairman Dinning said he thinks it only takes a couple of days to set up the fireworks. Mr. Leonard said it probably takes three days to set up. Commissioners said they are not saying yes or no at this point as they need to look at all of the consequences to everything. If Commissioners said no today and by state guidelines it’s an allowable event, it needs to be addressed. If Commissioners were to say yes today and there is a virus outbreak in adjoining counties, Commissioners will need to address that. It’s just a matter of continuing to monitor this and ask Gary Leonard to have contingency plans in place, such as where else could the event be held or what if the state says it can’t take place. Commissioners are not saying Gary Leonard can or cannot hold the July 4th event, this is just looking at this matter for liability. Nowhere are Commissioners saying yes Gary Leonard can or no, he cannot.

Commissioner Kirby said this event is still a long way off so why not put off making this decision until around June 20th or a week or so ahead of the Fourth of July so reasonable arrangements can be made. Commissioner Cossairt said from Commissioners’ conversation with Gary Leonard the fireworks have been ordered already. Brandon Leonard said he wasn’t sure, but he knows they are ordered early. Chairman Dinning said Commissioners were told the fireworks are in route.

Commissioner Cossairt said stage 3 allows up to 50 people and we’re hoping to get to stage 4. Stage 4 should be in effect if everything is okay, but if we go back to stage 3, that is why Commissioners would like Gary Leonard to have a contingency plan in place. Commissioners are not canceling anything, but they would ask that Gary Leonard have contingencies for everything.

Brandon Leonard provided a recap and reiterated that Commissioners don’t want to make a decision about the continuance for July 4th at the fairgrounds at this time. Commissioners are also worried about legal ramifications and liability for the event. Brandon Leonard said he understands that Commissioners are worried about crowds coming in from other counties and he added that a lot of people think the virus is not “hooey”, but he also can see that Commissioners have to make some sort of accommodations that the virus is a reality and not want to put that burden on taxpayers. Some people won’t understand that as people here want to do what they want. The fairgrounds is just the best venue for this event. Individuals will be hesitant to sponsor such an event due to liability and travel would be difficult. Brandon Leonard said if Boundary County won’t have the event at the fairgrounds, Gary Leonard is still allowed to have an event, but it’s basically still not allowing it. Chairman Dinning said he’s looking at this matter from the standpoint of what state guidelines may be in effect at that time. There is almost a month to see what conditions look like then and to make a decision and to have formulated a plan. Attorney Hull said it’s prudent and there is a lot of anxiety of wanting and not wanting the event and his thought is to push any decision that Commissioners may make toward the first of July. It does put a crunch on the event as far as public property. Gary Leonard will have to work that out. Commissioners have extended the invitation to Gary Leonard to look at other venues other than public facilities and the only caveat to that is that Gary Leonard should be in contact with Planning and Zoning Administrator John Moss for a special event permit and we can see if we can get Mr. Moss to expedite that so that may be an option depending on what Mr. Leonard’s thought process is.

Sheriff Kramer said he talked to City of Bonners Ferry Chief of Police Brian Zimmerman yesterday about law enforcement for the event and they are both in support of a 4th of July ceremony knowing people may come to the county, but they can handle the event and they also support getting back to some sort of normal. Sheriff Kramer reiterated that they can handle what comes at them.

Brandon Leonard said it does set a dangerous precedent to not let people exercise their freedom. People have the right to attend or not attend. He does understand that people from out of town are the biggest concern. Boundary County has zero cases. Brandon Leonard said he knows the community and they will understand that people from outside of the community will come to Boundary County, but some people won’t care. Those who do care can stay home. We don’t want to start limiting rights based on fear. Brandon Leonard said he does understand the legal side of this and the fear of being sued. Chairman Dinning said even if there is no validity to the lawsuit, Boundary County residents have to pay to defend a suit and it can quickly reach hundreds of thousands of dollars. Chairman Dinning added that this is a lot of what Commissioners are looking at and why he wants to push this matter into the future and for Gary Leonard to develop contingency plans. Stage 4 ends on the 26th of June and there will be some guidelines. It may be a push at the end for this celebration to go forward. Chairman Dinning said Commissioners would also ask Gary Leonard for an avenue to hold the county harmless against that type of claim, to indemnify the county against the spread of disease. Commissioner Cossairt said during stage 4 and beyond social distancing will still be requested and Gary Leonard needs to think about some of what has been discussed. Commissioner Cossairt questioned how people can be spaced out a bit. Brandon Leonard suggested ways to limit people at the entrances and exits and not allowing entrance to the fairgrounds at all points of the venue. There can also be signage stating that social distancing is in place and if there are these measures taken, we can say we tried. As long as people understand there are rules and if they don’t abide by those rules, that’s on them. Chairman Dinning said let’s look at total liability and if we abide by guidelines set by the State of Idaho, whatever those are, if any, how to hold the county harmless for that specific claim and try to work with Gary Leonard to protect the county and go forward. Commissioners have no way of predicting what the situation will look like. Chairman Dinning informed those in this discussion that Benewah County had one case of COVID-19 and the number of cases are now in the teens. Brandon Leonard said he would bring back information on the legal ramifications and state guidelines to Gary Leonard.

Attorney Hull said we’ve spoken broadly about the legal ramifications. If an event is held on public grounds, ICRMP will cover normal cases, with the exception of pollutants as it’s really that narrow of an issue with bacteria, viruses, pollutants, etc. Except for COVID-19, there wouldn’t be any issue at all, but there is the exposure with regard to that pollutant. Sheriff Kramer said if a private non-profit group were to sponsor the event, would that be enough protection for the county. Chairman Dinning said they would need to look at their policy coverage. Attorney Hull said even if the county were named as additionally insurance we would have to see if there is coverage for pollutants. Attorney Hull said there is no disrespect to anyone and we know people will still attend with the risk, but there are people who are litigious and look for opportunities to find the environment where there is COVID-19 and state that the entity should be liable. There are people who think differently in how they approach things. Chairman Dinning said Commissioners will visit with Gary Leonard anytime if it’s listed on the agenda. Brandon Leonard said the concern is valid.

Attorney Hull left the call at 9:25 a.m.

9:25 a.m., Gary Leonard joined the meeting via conference call and Chairman Dinning summed up that Commissioners feel it’s too early to decide yes or no pertaining to county property and liability as they don’t know what things are going to look like at the end of the month. Commissioners would ask that Gary Leonard have a contingency plan to deal with what is in place and if we go beyond stage 4. If we’re still in stage 4, Gary Leonard will want to explore an alternate site and explore some avenue in which to hold the county harmless, specifically against the covid claim. Commissioner Cossairt said Commissioners specifically said they were not against the July 4th event, but these are the issues Commissioners have to consider. Commissioners would like to see how they can prudently look at holding the event, should it be allowed by state guidelines at this time. Commissioners will not make a decision and they want to have continued conversations with Gary Leonard. We will look at the end of June as Commissioners have no idea what the situation will be at that time. Gary Leonard said he appreciates that and he added that he never indicated and never wanted people to think Commissioners were against the July 4th celebration. Gary Leonard added that he hopes Commissioners understand that he would do the right thing and if there is a risk, things would change. Gary Leonard said he will assume things are going to stay squared away. As far as a contingency plan, what are the chances that people will get sick, then die, and someone will sue? He understands protecting assets of the county, but there needs to be balance. Is it ever going to be 100% safe from people getting sick, no. Chairman Dinning said those things that Commissioners are concerned about now are all matters covered by policy. Commissioners said they want to reserve the right to say no up until the last minute. Gary Leonard said he agrees 100% and has no problem with that.

Chairman Dinning informed Gary Leonard that he can continue the discussion with Commissioners and get on agenda for that.

The discussion regarding the July 4th celebration ended at 9:35 a.m.

Commissioners recessed until their next meeting at 1:30 p.m.

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

1:30 p.m., Planning and Zoning Administrator John Moss joined the meeting at Commissioners’ request to discuss Planning and Zoning matters. Commissioners asked Mr. Moss what the usage has been for Clare Marley with Ruen-Yeager as far as helping process applications. Mr. Moss said he hasn’t spoken to Ms. Marley in approximately one month and it’s hard because she doesn’t work in his office. Mr. Moss informed Commissioners that he had 29 telephone messages when he got to the office and while responding to those calls, more calls were coming in and people are coming into his office. For the application processes and working with other agencies, such as Road and Bridge, he has to do that work. Mr. Moss said there is so much and he has over 40 applications that he’s working on and there isn’t something that someone assisting him can take away from him as opposed to working with him. Mr. Moss commented that he came in to work on Friday and worked seven hours to get notifications to people for an upcoming hearing and while doing that phone calls were coming in and that’s a day he would normally not be there to answer those calls. There isn’t any way he can get on top of things. Commissioners said that is the reason for this meeting today, to see how we can get on top of the work as even if Mr. Moss worked 40 hours per week, it doesn’t look like Mr. Moss can get caught up. Chairman Dinning said due to COVID-19, Ms. Marley couldn’t come up to Boundary County. It was suggested that Mr. Moss let Ms. Marley handle the new telephone calls and if there are questions, she can contact Mr. Moss. It was said that Commissioners are just throwing out ideas as Mr. Moss needs to take advantage of Ms. Marley’s help. Commissioners asked how much back log was Ms. Marley able to get caught up and Mr. Moss said two to three applications out of 15. Commissioners mentioned that they want to see how they can first utilize Ms. Marley to catch up and then look at going forward.

Mr. Moss informed Commissioners that a member of the public had come into his office with an application for a residential placement permit and this person had noticed that he needed a secretary and expressed interest in volunteering. Chairman Dinning asked if the Extension Office staff has been coming in and helping him and Mr. Moss said yes and they’re helping. Chairman Dinning suggested Mr. Moss give some thought to the work load and he will talk to Ms. Marley to figure out how to reduce the work load as that was the original intent, but then COVID-19 messed things up. Mr. Moss said the Planning and Zoning Commission doesn’t visit him in his office and they’re all candidates to help him. Mr. Moss said when he leaves, he doesn’t know where Commissioners are going to find a replacement as they need someone who understands what he does in order to take over. Chairman Dinning said if Ms. Marley were to come up and she was given a new application, she would take up the knowledge of our process. Chairman Dinning said part of the problem is computer access. Mr. Moss said another element is application oriented and the other 20% is not and it’s the highest priority, which are hearings. Chairman Dinning said Ms. Marley does all the City of Bonners Ferry Planning and Zoning work so if she were to take an application that needed a hearing, she should be able to go through it. Mr. Moss said he appreciates Commissioners looking over his shoulder.

The meeting with Mr. Moss ended at 1:45 p.m.

Commissioners tended to administrative duties.

2:25 p.m., Sheriff Dave Kramer, Undersheriff Rich Stephens, Clerk Glenda Poston, and Deputy Clerk Pam Barton joined the meeting to discuss job descriptions for the Sheriff’s Office. The Sheriff’s Office is requesting a change in position to a detention corporal and Chairman Dinning asked what other changes would there be besides a title change. Undersheriff Stephens spoke of looking at the detention sergeant’s duties that they can incorporate so they can fill in the absence of corporal, etc.

2:30 p.m., Commissioner Walt Kirby joined the meeting via conference call.

Undersheriff Stephens said the Sheriff’s Office detention sergeant is mainly a daytime position and primarily the detention corporal would provide night management largely during the evening or night hours, but not necessarily at a sergeant level. Sheriff Kramer said it becomes another supervisor level. Chairman Dinning mentioned the grade level for this position and Clerk Poston said all detention deputies are a grade 13. Those present discussed position grades and beginning wages for law enforcement. It was said a grade 13 has beginning wages of $17.64.

Sheriff Kramer spoke of current staff that would be retiring in the future and how he’s looking to promote from within. Commissioners discussed grading the position to see where it falls. The county’s personnel policy used to say if an employee in a position moves into another position, that employee’s rate of pay cannot be harmed, unless they chose a different position that has a lower grade. Undersheriff Stephens suggested writing a job description for a detention corporal and have it graded. Those present discussed longevity and pay increases and the staffing level for the jail.

Chairman Dinning said Commissioners are looking at a 30% sales tax drop in one quarter. Revenue sharing goes to the Justice Fund and Commissioners won’t know what that looks like next year. Clerk Poston said right now $400,000.00 from revenue goes to the Justice Fund and a lot of the sales tax goes into that fund as well. It’s approximately $600,000.00 so that would be $60,000.00 to $80,000.00 coming out of the Justice Fund.

County Civil Attorney Tevis Hull joined the meeting via conference call at 2:52 p.m.

Sheriff Kramer discussed having a part time person for the Driver’s License Office, which would allow that office to have slightly later hours. Clerk Poston reminded those in the meeting that these positions might not be funded.

The meeting ended at 3:00 p.m. Commissioner Kirby left the conference call.

Commissioner Cossairt moved to sign the EL Internet Business Fiber Lease Agreement for dark fiber for the courts. Chairman Dinning yielded the chair to second. Motion passed unanimously.

3:05 p.m., There being no further business, the meeting recessed until Thursday, June 04, 2020, at 9:00 a.m.

***Thursday, June 04, 2020, at 9:00 a.m., Commissioners met in special session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Commissioners held an elected officials/department heads meeting via conference call. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Assessor Dave Ryals, Prosecutor Jack Douglas, Sheriff Dave Kramer, University of Idaho Extension Educator Amy Robertson, Chief Probation Officer Stacy Brown, Solid Waste Department Superintendent Claine Skeen, Veterans Service Officer Ron Self, Airport Manager Dave Parker, Treasurer Sue Larson, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and Boundary Emergency Services Manager Andrew O’Neel.

Assessor Ryals stated that property valuation notices went out in the mail Monday. There was a huge increase in value as well as a lot of misinformation that was going around. In spite of what the public hears and what they are told, the values were not raised to get more money. Assessor Ryals said his office has been busy and they’re doing their best.

Prosecutor Douglas, Ms. Robertson, Treasurer Larson, Ms. Brown, Mr. Skeen, Mr. Self, and Mr. Parker had nothing new to report.

Sheriff Kramer said the Sheriff’s Office is getting its drug canine this week and next week the dog will go for Idaho certification testing. On Friday, June 5th at 6:30 p.m. the Chaplain’s Corp will host a memorial in front of the Sheriff’s Office for fallen police officers.

Mr. Morris said not much is new for Road and Bridge. A pre-construction meeting was held for the Trout Creek Bridge so that project should start sometime the end of this month. Westside Road will be closed for approximately two months and notices about that closure will go out. Road and Bridge crews have been patching and brushing roads and cleaning ditches.

Mr. O’Neel said Idaho had 47 more cases of COVID-19 yesterday so hopefully that is just a one day spike as opposed to a trend. Kootenai County had three new confirmed cases yesterday. Boundary Community Hospital has conducted 110 tests with 106 negative results and four test results pending.

Chairman Dinning said half of Idaho’s counties had new cases of COVID-19 so still be vigilant in the Courthouse and please pass along to be vigilant in your private lives. The Courthouse is still only allowing one member of the public at office counters at a time through stage three. Chairman Dinning commented that anyone going in for an elected surgery is tested so are those results included in the statistics Mr. O’Neel provides? Mr. O’Neel said he didn’t know so he will look into that.

Prosecutor Douglas asked a question to clarify if masks are required for all offices and Commissioners said yes, at the direction of the Idaho Supreme Court.

The elected officials/department heads conference call ended at 9:15 a.m.

Commissioners discussed keeping the Courthouse monitor for another week.

Chairman Dinning discussed taking a county vehicle to a Public Defense Commission meeting in Kootenai County next week. Commissioner Cossairt and Commissioner Kirby said they were okay with that.

There being no further business, the meeting adjourned at 9:15 a.m.

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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk