***Monday, June 07, 2021, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Road and Bridge Department Co-Superintendent Randy Morris joined the meeting to give the department report. A written report was provided.
Mr. Morris said the grader was ready to be returned last Thursday and the new grader is ready to be delivered, except for just needing to get a truck to haul it. Mr. Morris commented that Road and Bridge will try to get started on the guardrail project along Deep Creek Loop and he explained this is at the bridge near the Whittaker’s property. Mr. Morris said he thought this damage involves insurance, but he doesn’t know the status of that.
Mr. Morris said a couple road signs were being put up today and the crusher is in operation today as well. Chairman Dinning asked Mr. Morris about determining longevity of the county’s exiting gravel pits. Mr. Morris said there is a lot of rock left in District 15 pit. An old dump site used to be in the middle of what is now the Moyie pit so Road and Bridge employees run into metal, but they have been able to work around it. Mr. Morris reiterated that there is no worry about running out of rock; it’s just that 3/8ths is really slow to crush. Mr. Morris explained that he doesn’t know if it’s the oil that is the issue, but Road and Bridge has had a hard time getting the rock chips to adhere to the road over the last few years.
The meeting with Mr. Morris ended at 9:20 a.m.
9:20 a.m., Darrell Kerby and Darron Branson with Pace-Kerby Insurance, and Prosecutor Andrakay Pluid joined the meeting to discuss fireworks in relation to insurance. County Civil Attorney Tevis Hull and John Becker joined the meeting via telephone.
Chairman Dinning said Mr. Becker thought the insurance coverage was to cost approximately $700.00, but it’s turned out to be approximately five times that amount and Mr. Becker is inquiring if the county could cover the liability insurance. Chairman Dinning said last year’s issue with a July Fourth event was due to COVID-19.
Mr. Kerby explained that one of the Bonners Ferry City Council members, during the discussion of COVID-19, noticed a policy exclusion that resides within the policy pertaining to pollution, and in that there was an exclusion pertaining to vapor and smoke as a result of an active event. This vapor and smoke is defined as pollution. If someone were to get hurt or injured from the smoke from the fireworks, there would be no coverage provided by the county’s risk carrier, Idaho Counties Risk Management Program (ICRMP). The Bonners Ferry City Council’s review of that policy is accurate as far as that exclusion, according to Mr. Kerby. There is no exclusion for projectiles. Mr. Kerby added that he spoke to the underwriter and ICRMP, as the insurer, doesn’t have an issue with a fireworks type of event as far as coverage. Attorney Hull recapped what he understood in that there is an exclusion in the policy, which excludes smoke, etc. Attorney Hull said if the county is going to require coverage, there is a need for some type of gap policy.
Mr. Becker said going back to the amount of $700.00 for insurance, that would combine Gary Leonard and himself, he thought that rate was the same until it turned into just himself putting on the fireworks. Mr. Becker explained that he can still have insurance to cover the entire fireworks portion and provide liability for his crew for the arena cross, but in doing what Mr. Kerby mentioned last Friday, it would be a 100% volunteer situation for the county and he’s happy to cover it and whatever gap insurance the county feels he needs. Mr. Kerby said the exclusion in the ICRMP policy is not unique and is in effect 100% of the time for any type of pollution event; whether or not picking up an additional policy is required. Mr. Kerby added that in trying to purchase a pollution coverage policy, the special event policy that Mr. Becker is talking about is not expensive, but a pollution policy is very costly. Mr. Branson commented that this is the same exclusion as in the past and Mr. Kerby added that it’s nothing new.
Prosecutor Pluid questioned if the amount of $3,500.00 covers the entire policy for both the arena cross and fireworks or just fireworks. Mr. Becker said $370.00 has been the cost of the policy for the arena cross over the last few years so you would deduct that amount out of the approximate amount of $3,500.00 as that was the quote to combine the two events.
Mr. Kerby said for Commissioners to understand that if the county is going to assist in this event, it’s not a halfway deal; the county is either going to put the event on or it’s not. It will be a Boundary County event if Commissioners want the ICRMP policy to respond as ICRMP cannot insure a non-governmental entity because it violates the constitution of lending credit. It’s a total county event or it’s not, according to Mr. Kerby.
Attorney Pluid added that you can certainly separate the two events, but if the county wants to take on the fireworks, it becomes a county event.
Chairman Dinning said Mr. Becker mentioned certain certifications or licenses. Mr. Becker said Idaho is pretty lax in this regard and has almost no requirements at all. He added that he couldn’t even find any specifics for Idaho for a low level certification so he has gone through all Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF) requirements to obtain is own ATF explosives license and secured his own ATF explosives magazine, which has been inspected. Mr. Becker mentioned a company that has offered free training regarding fireworks on their website to everyone as most events are put on by volunteers anyhow. Mr. Becker said he has gone through everything the ATF has offered and he’s done all of the online training. All of the first year volunteers that he will have at the event will have gone through the apprentice level portion of that course, which covers how components work, proper loading and unloading of fireworks and a certificate is printed off, but it’s nothing that carries a lot of weight.
Chairman Dinning asked Mr. Becker if he is able to purchase the larger projectiles with the license he has obtained. Mr. Becker said yes, so he doesn’t need the city’s or county’s permission. Mr. Becker added that he’s fully legal to put everything together from the initial purchase to ignition, short of any city or county permits, which he feels he’s taken care of.
Chairman Dinning asked if the county could potentially contract with Mr. Becker’s business, Forerunner Enterprises. Mr. Becker explained that he’s also applied for non-profit status so he’s waiting for the federal government issued 501(3)c status. Chairman Dinning asked where we are legally if the county were to hire this company. Prosecutor Pluid said she thinks the county will end up with the same problem as it’s still covering the event with the insurance. Attorney Hull said the county usually hires independent contractors who have to carry a $1,000,000.00 liability policy with $2,000,000.00 aggregate so we will still run into the same insurance issues. Mr. Becker said he doesn’t care if his name is not attached to this event. Chairman Dinning asked Mr. Kerby if he still had an issue of there being an independent contractor agreement. Mr. Kerby said ICRMP is going to insure Boundary County either way, but they will not insure the party the county contracts with. The county will be protected by the policy for the event. The contractor would still have their own coverage and name Boundary County as additional insured. From an insurance standpoint, that’s the best way to go for an insurance option. Attorney Hull said it sounds like the property is covered either way and ICRMP stands for Idaho Counties Risk Management Program so it’s about trying to prevent losses from incurring in the first place and the best way is to contract away the liabilities. If the county can come up with an independent contractor agreement that passes that liability onto the contractor, then the county has practiced the best risk management procedures and in theory, there is another insurance policy to respond prior to the county’s in an event of an issue. Chairman Dinning said the county can choose to cover the insurance, enter into an independent contractor agreement or not participate in any fashion, so he needs some time to think.
Commissioner Bertling questioned if the contract amount for insurance would be $3,500.00 if Mr. Becker were to be considered an independent contractor. The other option is to have Mr. Becker and his crew as volunteers and list them under the county’s coverage. Commissioner Bertling questioned what had taken place in the past, such as if there been any significant claims in the past. Commissioners said there hadn’t been any claims. Commissioner Bertling questioned if there has been much pollution, and if so, it was probably up in the air 500 feet.
Commissioner Cossairt commented that he needs to think about this.
Commissioner Bertling questioned if ICRMP would not be in favor and Mr. Kerby explained that ICRMP wants to support the county in what it wants to do, but they will explain the risks. Prosecutor Pluid said ICMRP won’t say no.
Commissioner Cossairt asked, if Commissioners support this, will it increase the county’s premium by $3,500.00. Ms. Pluid said no, but should something happen, the county might bear that risk in the future. Mr. Kerby said as an agent, he would try to disclose to ICRMP the exposure that the county represents so they have it on record that it was disclosed there is going to be a fireworks event. Clerk Poston said she’s curious as to how many other counties hold or are involved in events like this.
9:57 a.m., the meeting to discuss fireworks was continued to 2:45 p.m.
Commissioners and County Civil Attorney Tevis Hull discussed the status of various matters to include: various agreements, information on the percentage of time certain employees spend on E911 matters, a possible override levy for the Boundary Ambulance Service District, and an update on the Planning and Zoning issue involving Garvin Williams.
Chairman Dinning informed Attorney Hull that the Solid Waste Department Superintendent has some delinquent accounts owed to that department so at what point should these accounts be turned over to Attorney Hull. Attorney Hull said there is no policy, but we should look at the dollar amounts of the overages and he added that probably within a six month period, if someone is not making payments or making progress on their accounts, the matter can be turned over to him. Attorney Hull recommended sending these issues to small claims and Mr. Skeen would represent the county. That is the most expeditious way. Attorney Hull said to also have a look at the small claims proceeding as the amounts have to be under $5,000.00. Chairman Dinning said he would assume that at least one letter has been sent to the delinquent contractors already. Attorney Hull said he would state in a letter that the county is looking at small claim proceedings.
The call to Attorney Hull ended at 10:12 a.m.
Boundary County Emergency Manager Andrew O’Neel met with Commissioners to participate in the discussion about purchasing a new vehicle for his position as well as to discuss grants. Mr. O’Neel explained that the purpose of the COVID-19 Supplemental grant can be used for his salary and benefits, which will free up the normal grant funds for other emergency related matters. The grant amount of $12,000.00, plus other funds coming in from a grant, will be used toward a new vehicle for him. Mr. O’Neel said Idaho Office of Emergency Management Local Area Field Officer Jay Baker suggested looking into the state purchasing program for a set price for a basic vehicle, which is well below a dealer price. Mr. O’Neel listed various vehicles most agencies purchase, such as the Ford Edge at a price of $29,926.00. This vehicle is in Mountain Home, but that agency will deliver for fee of $113.00. Overall the cost would be $30,383.00, including the delivery fee and a contract fee so the cost is a bit more than $30,000.00. Mr. O’Neel said in talking with the salesman, it’s typically 90 to 100 days for delivery.
Solid Waste Department Superintendent Claine Skeen joined the meeting.
Clerk Poston said she’s budgeted for Homeland Security grants, but she has not received the funds yet. Mr. O’Neel said the grant amount of $13,000.00 from the previous year has been handled as of last week or so. Mr. O’Neel said it’s a matter of going into the grant computer system and he explained what was spent in the program and requesting reimbursement so the reimbursement is in process. The COVID-19 Supplemental grant amount of $12,000.00 is the other funding that will come in. Clerk Poston said that was for last year, but what about this year’s funding. Mr. O’Neel said he’s requested reimbursement from the state up to the date of March 31, 2021, so all of those funds are to be coming. Clerk Poston spoke of $13,000.00 coming in from last year, but there is also $13,000.00 to come in this year. The $13,000.00 from last year should be coming and the $13,000.00 for this year has been requested. Clerk Poston said the county’s budget year ends in September so she needs to have the $13,000.00 before that date. Clerk Poston added that we’ve gotten out of sync with funds and we need to get back on track.
Commissioner Cossairt moved to sign the Idaho Office of Emergency Management 2020 Subrecipient Agreement, Grant Adjustment Notice for the COVID-19 Supplemental grant for a grant amount of $12,042.00. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Certificate of Residency for Isabella Sims. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to approve the following new private road names: Milltown Lane, Barn Spur Lane, Kaia Lane, Khloe Circle, and Pacific Place. Commissioners Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes of May 17, 2021, and May 24, 2021. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Findings and Decision for Variance Application #7-2021, a variance to Road Standards Ordinance 2020-2 for Edd Byler, Byler Building Systems, LLC. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2021-18. A resolution increasing fiscal year 2020-2021 Justice Fund Sheriff Budget due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution 2021-18 reads as follows:
Resolution 2021-18
Increasing Fiscal Year 2020-2021 Justice Fund Sheriff Budget
Due to Receipt of Unanticipated Revenue
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Justice Fund Sheriff Budget for fiscal year 2020-2021, and
WHEREAS, $4,626.10 has been received from the University of Idaho as a Project SAFE Neighborhoods grant for the purchase of a bullet trap for bullet recovery and hearing protectors for use of the trap for the Boundary County Sheriff’s Office, and
WHEREAS, this revenue was unanticipated and the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to increase the Fiscal Year 2020-2021 Justice Fund Sheriff Budget for that purpose, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Justice Fund revenue account number 0008-00-0391-0018 and the Justice Fund Sheriff Budget expense account number 0008-02-0440-0002, Supplies – Deputies, in the amount of $513.10 for the hearing protectors and expense account number 0008-02-0899-0000, Capital Other, in the amount of $4,113.00 for the purchase of a bullet trap.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED that the increase to the Justice Fund revenue account number 0008-00-0391-0018 and the Justice Fund Sheriff Budget expense account number 0008-02-0440-0002, Supplies – Deputies, in the amount of $513.10 and expense account number 0008-02-0899-0000, Capital Other, in the amount of $4,113.00 is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this 7th day of June 2021.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/____________________________
Dan R. Dinning, Chairman
s/____________________________
Wally Cossairt, Commissioner
s/____________________________
Tim Bertling, Commissioner
ATTEST:
s/________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #287158
Commissioner Cossairt moved to adopt Resolution 2021-19. A resolution increasing fiscal year 2020-2021 Justice Fund Sheriff Budget due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution 2021-19 reads as follows:
Resolution 2021-19
Increasing Fiscal Year 2020-2021 Justice Fund Sheriff Budget
Due to Receipt of Unanticipated Revenue
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Justice Fund Sheriff Budget for fiscal year 2020-2021, and
WHEREAS, $11,200.00 has been received from the Burlington Northern Santa Fe (BNSF) Railroad Foundation as a grant for the purchase of night vision kits for the Boundary County Sheriff’s Office, and
WHEREAS, those funds were deposited into the Sheriff’s Trust Fund, and
WHEREAS, this revenue was unanticipated and the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to increase the Fiscal Year 2020-2021 Justice Fund Sheriff Budget for that purpose, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to transfer cash from the Sheriff’s Trust Fund Number 9122-00-0100-0000 in the amount of $11,200.00, and increase the Justice Fund revenue account number 0008-00-0324-0010 and the Justice Fund Sheriff Budget expense account number 0008-02-0899-0000, Capital Other, in the amount of $11,200.00.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED that the transfer of cash from the Sheriff’s Trust Fund Number 9122-00-0100-0000 in the amount of $11,200.00, and the increase to the Justice Fund revenue account number 0008-00-0324-0010 and the Justice Fund Sheriff Budget expense account number 0008-02-0899-0000, Capital Other, in the amount of $11,200.00 is hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this 7th day of June 2021.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/____________________________
Dan R. Dinning, Chairman
s/____________________________
Wally Cossairt, Commissioner
s/____________________________
Tim Bertling, Commissioner
ATTEST:
s/________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #287159
10:35 a.m., Solid Waste Department Superintendent Claine Skeen met with Commissioners to give the department report. Those present briefly discussed the roll off truck that was recently purchased. Mr. Skeen said he will seek quotes to grind the wood pile soon.
Commissioners updated Mr. Skeen on the process of dealing with delinquent accounts owed to the landfill. Chairman Dinning said when sending notices to the contractors regarding their accounts, after the fifth month has gone by Mr. Skeen needs to send the next notice certified. Commissioners asked Mr. Skeen to keep them and the Clerk current on the list of delinquent accounts for documentation. Chairman Dinning commented that if Mr. Skeen doesn’t hear anything back from the contractors after that fifth month, the accounts will be turned over to the county civil attorney who will send a certified notice about needing payment within 10 days. The person will also receive a notice regarding small claims court and that is something Mr. Skeen will need to be involved in as opposed to Attorney Hull.
Mr. Skeen said with the new account system in place and contracts, there are no longer any general public accounts and with commercial accounts, they will abide by the system. Chairman Dinning explained that the accounts don’t even have to be paid in full as long as people are making progress on paying the balance. Mr. Skeen informed Commissioners that the landfill has three closed accounts.
Mr. Skeen said if it is Commissioners’ plan was to open the monitored sites seven days per week, he will have to hire additional part-time monitors. Mr. Skeen requested that the monitored sites be closed on Sunday, though, as that is the slow day.
The meeting with Mr. Skeen ended at 10:47 a.m.
Deputy Clerk Nancy Ryals joined the meeting at 10:47 a.m.
Commissioner Bertling moved to deny indigent case 2021-8 as per the Clerk’s recommendation. Commissioner Cossairt second. Motion passed unanimously.
Chief Deputy Clerk Ryals left the meeting.
11:00 a.m., Courthouse Maintenance John Buckley joined the meeting to give the departmental report.
Mr. Buckley referred to a scope of work for the sidewalk improvement project and he listed what’s included and he added that it is work he can do. Those present briefly discussed glycol tubing for the sidewalks. Chairman Dinning spoke of having Mr. Buckley keep track of time as it pertains to maintaining the sidewalks.
Chairman Dinning asked about seal coating and checking the condition of the roof of the former North Idaho College building. Mr. Buckley said the Courthouse roof is due to be sealed first, then he will look into the North Idaho College building. The Extension Office will be due in three years and the Sheriff’s Office needs a new roof.
Mr. Buckley said he contacted the person about striping the parking lots and he mentioned the parking lots will need to be seal coated in a year or two. Mr. Buckley informed Commissioners where the leak in the boiler system ended up being. Commissioners commented about needing to replace the wooden vents and duct work at Memorial Hall. Mr. Buckley mentioned that he would contact Cool-It to get a quote to do that work, but it should be a good project to do during the summer.
Boundary Economic Development Council (EDC) Director Dennis Weed joined the meeting at 11:14 a.m.
Mr. Buckley and Commissioners discussed the heating/AC units in the Courthouse. Mr. Buckley said the unit in the Clerk’s Office might be the second oldest unit so it might need to be replaced next.
The meeting with Mr. Buckley ended at 11:17 a.m.
Commissioners tended to administrative duties until the 11:30 a.m., meeting with Mr. Weed regarding Economic Development Council projects.
11:30 a.m., Mr. Weed said water continues to be an issue in the county. The City of Moyie has four more county residents coming to ask the City Council to be annexed into the city. We can’t have an entity like Moyie Springs extend the city area or city limits, because of their remaining buildable land in the current city limits might take all of their remaining water hookups. Also, extending the city limits might put a burden on the current staff where they cannot serve the needs of the city. Mr. Weed commented that he read the Cabinet Mountains Water District meeting minutes and there is someone who sold their water memberships. Chairman Dinning commented on the price that people will pay for a membership.
Mr. Weed informed Commissioners that he spoke to Ziply’s manager about the issue involving the Mission Creek Water Association’s waterline being damaged by Ziply, but Ziply is holding to the law. Mr. Weed said there might be a way out as Mike Ripatti, who is with the Mission Creek Water Association was standing there and made it known to Ziply where the water line was so Ziply did know. So if the law states that this information was known to that individual, there might be a case as Mission Creek Water Association has no funds to fix this line, according to Mr. Weed.
Mr. Weed discussed the regional sewer feasibility study with Commissioners. The Moyie Springs City Council meeting is on Wednesday and Mr. Weed said he was going to discuss the invoice related to this project. The Idaho Department of Environmental Quality (DEQ) came out with their grants and the City of Moyie is on their list for a grant to pay the county. Mr. Weed said he would like to have that discussion, but he would like to have a Commissioner attend the meeting as well. Mr. Weed spoke of wanting to see what grants DEQ comes out with and then have the City of Moyie Springs agree to the figures with the county. Mr. Weed said the sewer system is going to be right at 100 hookups and the city was going to save another 100 hookups for the county. Mr. Weed said Moyie Springs will be over limit if they continue. Commissioner Bertling questioned why the county requested 100 hookups and Commissioners updated him on the project. Chairman Dinning said he doesn’t want the City of Moyie Springs to forget this request for hookups, otherwise if they want to use all 200 hookups, they will need to build another tank, etc., for the county. Those present discussed the system and how it works.
Mr. Weed spoke of matters pertaining to the labor force. Stimson Lumber is hiring people starting at $19.00 per hour with a $1,500.00 signing bonus in Priest River so Idaho Forest Group feels they have to match that, and Alta raised the pay rate as well.
Mr. Weed mentioned that so far he hasn’t heard anything about potential future EDC directors. Mr. Weed said he submitted the EDC grant application so he should hear about that in another week or two.
Mr. Weed said he’s still seeing a lot of tourists in town and he doesn’t expect the Canadian border to open until late fall or early winter. Even though there is a lot of pressure to open the border, he doesn’t see it happening.
The meeting with Mr. Weed ended at 11:45 a.m.
Commissioners tended to administrative duties.
Commissioners recessed for lunch.
2:45 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
2:45 p.m., Commissioners continued their discussion regarding insurance in relation to fireworks this year. County Insurance Agent Darrell Kerby joined the meeting.
Chairman Dinning said this morning Commissioners talked about various scenarios pertaining to fireworks and insurance coverage. Commissioners can either do nothing, participate as a full sponsor, or enter into an independent contractor agreement so the burden is on the company putting on the fireworks. Commissioner Cossairt said it’s the contractor’s burden and he would suggest a contract. Commissioner Bertling agreed. Clerk Poston said if the county agreed to pay money to the contracted company and it was based on the amount of insurance quoted to Commissioners, how do we validate that’s an accurate figure. Mr. Kerby said to get a copy of the form the insurance company provided the contractor listing the quote. Clerk Poston said the county will need to have a certificate of insurance on file. The county’s civil attorney would probably have a contract for services tied to a certain dollar amount, a certain amount per occurrence and name the county as additional insured. Mr. Kerby said we’re really buying services. Clerk Poston said if the amount was $3,000.00 for insurance and if the contract or agreement is written that way, we would have a certificate of insurance so then there would be proof of the purchase of insurance. Chairman Dinning spoke of entering into a contract for services or independent contractor agreement with the name that is registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the fireworks. Mr. Kerby said his guess is John Becker got a quote for the fireworks program, possibly under the 501©3 status so if he tried to buy a policy for an ATF license for explosives, the premium might be different.
Commissioner Cossairt moved to enter into negotiations, have the County Civil Attorney prepare the document to purchase services on an independent contractor basis for providing a July fourth celebration through John Becker of Forerunner Enterprises, LLC. for an amount not to exceed $3,200.00. Commissioner Bertling second. Motion passed unanimously.
Chairman Dinning stated that this contract is a one-time thing that Boundary County is doing so it’s not to be anticipated that this agreement will happen again in the future. Commissioners felt it is important for the community to have a celebration and this will afford Mr. Becker time to raise funds for insurance if he continues this next year. Commissioners do not want this to be portrayed that this arrangement will be done in future years.
The meeting to discuss insurance for fireworks ended at 3:25 p.m. Mr. Kerby left the meeting.
Commissioners tended to administrative duties.
There being no further business, the meeting adjourned at 3:45 p.m.
***Tuesday, June 8, 2021, at 9:30 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser. Commissioner Wally Cossairt and Clerk Glenda Poston were attending the Idaho Association of Commissioners and Clerks Conference.
9:30 a.m., Commissioners held a public hearing to consider Application #8-2021, a request for a variance to Road Standards Ordinance 2020-2 for an approach requested by applicants: Carol Lucero, Susan Booth, Kathy Stueve, Edie Guthrie, and Fred Maas. Present were: Chairman Dan Dinning, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser. No members of the public were present. The hearing was recorded.
Commissioners opened the hearing for a variance and Chairman Dinning explained that the reason for the continuation is due to some confusion involving the mailing of the public notice to a neighboring property owner so that has to be in order and that neighbor is in the process of being notified in order to give them appropriate time to comment, etc.
Commissioners continued the public hearing for Variance Application #8-2021 to Tuesday, July 6, 2021, at 1:30 p.m., in the Commissioners’ Office.
The public hearing ended at 9:33 a.m.
Commissioners tended to administrative duties until their next meeting.
10:00 a.m., Property owner Mike Stephens joined the meeting for a follow up discussion regarding a county right-of-way in relation to his property. Also present were: Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris. Those present waited for Dick Staples with JRS Surveying to join the meeting before starting the discussion.
Commissioner Bertling moved to approve the new private road name of Chris Lane. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Dick Staples with JRS Surveying joined the meeting at 10:19 a.m.
Mr. Stephens said he had presented Commissioners with an issue he has involving his survey. Mr. Stephens referred to a deed of record dated year 1922 and he mentioned having Mr. Staples review the document and plot it out so he can actually show Commissioners what he is talking about. It was said that the red marks on the document are the description of the present county road as deeded in year 1922 and a lot of this deed pertains to things on the west side of the tracks.
Mr. Staples said there had to be some interpreting of this information and he said the deeds did not specifically get all of the way south, which is Gandhi Way. It was said that the railroad plans are the same and the number 43 was referred to for this case. The number 43 is listed below as being described in a deed so it referred to the whole piece of Gandhi Way, but the description doesn’t get there all of the way, according to Mr. Staples. This was the deed to the county from the railroad and it was deeded in 1922. The deed does attempt to describe Gandhi Way and by listing #43 it shows their intent of a 50 foot right-of-way to the county. Mr. Stephens said the only thing is that the deed states if the right-of-way is abandoned and not maintained, it refers to a remainder of 100 feet. Mr. Staples said it’s now referred to as an abandoned railroad and it leaves 25 feet on each side that is abandoned. It’s not county right-of-way; it’s no man’s land, really. Mr. Staples said he has not seen a document where the whole right-of-way was abandoned to the county. Mr. Staples added that this is different and the railroad is a railroad. If it was as street, the 25 feet on each side would go to each landowner, but with a railroad, he doesn’t know. When you say abandoned, they’re just not using it. Mr. Staples said he sees the intent as the county got 50 feet and he would interpret and support that 25 feet on each side would go to the landowner.
Chairman Dinning said the concern is that Mr. Stephens’s house might be too close to the railroad, because if you use the map, it shows the house is nowhere near the county road. The house is really close, but it doesn’t intrude on the 50 feet dedicated as a right-of-way.
Ms. Nelson asked if the deed is referring to instrument #8263 and Mr. Stephens said yes. It was stated that the document does say 50 feet on the second page. Ms. Nelson asked about the last paragraph on the last page where it says to have and hold the same with all pertinences to the county. Ms. Nelson said that’s where, for such time, the right-of-way is to be used by the county as a public highway and if that said described property ceases to be used as a thoroughfare, all interest, rights, enjoyment by public shall cease and revert back to the railroad.
Chairman Dinning said we know that we have a 50 foot county road and what’s in question is who owns the abandoned railroad piece. The house is not on the abandoned railroad piece. Without getting into an extensive problem of quiet title actions and everything necessary to get this straightened out, would be to, in essence, say in an application for a variance, here is our problem. Chairman Dinning explained the matter in which every parcel created prior to the 1996 Land Use Ordinance was deemed legal so that would not even need variance. Mr. Staples said to him it applies strictly to the property described, but it still leaves 25 feet on each side as no man’s land. Chairman Dinning said Mr. Stephens didn’t want to violate the setback distance to the county right-of-way and that could be fixed with the statement. Commissioner Bertling asked if that would be a quiet title. Chairman Dinning said due to the language in the deed, the right-of-way would go back to the railroad. Mr. Staples said that was for the part described; the 25 feet on each side was not described. Mr. Staples said he doesn’t know how the railroad interprets “abandoned.”
Chairman Dinning briefly commented about Mr. Stephens wanting to sell the home and Mr. Staples said he doesn’t see where the county has jurisdiction of those 25 foot strips on each side of the right-of-way. Ms. Nelson said the last sentence in the document refers to strips that are designated in the color green, but she didn’t get a copy of that. Mr. Stephens said he also didn’t have a copy. Chairman Dinning said to get clarity from county Planning and Zoning Administrator, but if the lot was created prior to year 1996 and the house was placed on the property prior to 1996, it’s probably grandfathered. Mr. Staples said he doesn’t think it’s a question for the county, but is a question of ownership. Mr. Morris said the only way it might affect the county is in changing the use. Mr. Staples said not if the use is kept as a county road. Mr. Morris said a question of his would be is what would occur if a portion was taken away.
Mr. Stephens said the County Mapper Olivia Drake and Assessor Dave Ryals said there’s no parcel numbers and no indication of any kind of taxation any place for those two little strips of land. They’re abandoned and nobody claims them. The map shows the line clipping the house. Chairman Dinning said that can’t be changed on the map. Mr. Staples said they identified the 100 strip and abandoned the railroad right-of-way. It’s a mapping issue for JRS Surveying to show where the county road is and no man’s land on each side and from that point, Ms. Drake can change it to show the no man’s land areas.
Ms. Nelson mentioned that the descriptions are specifically that the county road is a certain distance from the centerline for a total of 50 feet. It was said that some of the other dimensions are on the other side.
Ms. Nelson and Mr. Morris left the meeting.
Mr. Stephens asked if he can get a pin set for the county road 50 feet. Mr. Staples said the existing road is probably not where it’s described and it was said we don’t have a physical location of the road. Mr. Staples discussed doing an overlay.
The meeting with Mr. Stephens and Mr. Staples ended at 10:47 a.m.
There being no further business, the meeting adjourned at 11:06 a.m.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk