Commissioners' Meeting Minutes - Week of March 25, 2019

***Monday, March 25, 2019, 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.

County resident Marty Martinez and Blue Sky Broadcasting News Reporter Mike Brown were in attendance of the meetings off and on throughout the day.

9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the departmental report. A written report was submitted. Chairman Dinning asked about the mention of Brown Creek Road listed on Mr. Kimball’s report. Mr. Kimball reported that the location of a particular driveway off Brown Creek Road has water and mud running over the road. Attorney Hull recommended fixing the problem, according to Mr. Kimball. This driveway has been an issue and the homeowner is not responding to letters from the County. The driveway at this location is an expensive one for developing an approach that would meet the county’s standards and this situation is getting worse and people are making complaints. Chairman Dinning asked what the fix is and Mr. Kimball said he would like to dig a ditch to get water flowing back into the county’s ditch. If the county puts a culvert in, the property owner may assume that is all that he needs to do and water will still run over the road. The work will be done in the county’s right-of-way, according to Mr. Kimball.

Commissioner Kirby moved to go out to bid for chloride dust palliative materials for year 2019. Commissioner Cossairt second. Motion passed unanimously.

Those present discussed how deep the frost is now.

Mr. Kimball informed Commissioners that his last day of work for the county will be May 10, 2019.

The meeting with Mr. Kimball ended at 9:10 a.m.

Commissioner Cossairt moved to sign the Certificate of Residency for Brandon Westbrook. Commissioner Kirby second. Motion passed unanimously.

Commissioners tended to administrative duties.

Commissioner Kirby moved to sign the Notice of Termination for the Felsted/Broemmeling property transaction. Commissioner Cossairt second. Motion passed unanimously.

Mr. Brown asked about the termination of the property transaction and Chairman Dinning said the stipulation of the agreement was that both transactions, as there was another transaction for the property with the main building on it, were to close at the same time and that did not occur.

Commissioner Cossairt moved to authorize the Chairman to sign T-O Engineering’s Work Order #19-03, Boundary County Airport (65S), the Disadvantage Business Enterprise (DBE) Program Plan and 3-Year Goals FY 18-20 for the Boundary County Airport. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign the Appendix A. Documented CATEX for the Boundary County Airport. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes of March 11 & 12, 2019. Commissioner Cossairt second. Motion passed unanimously.

Chairman Dinning said Commissioners received the Invitation to Bid for the snow removal equipment, a wheel loader, for the airport. Commissioners will post this Invitation to Bid in the local newspaper, but this has been a task the engineer took care of in the past so Commissioners will look into that for future projects.

Commissioner Cossairt moved to go out to bid for the procurement of a wheel loader and attachments for airport snow removal equipment for the Boundary County Airport, FAA/AIP Project No. 3-16-0004-016. Commissioner Kirby second. Motion passed unanimously.

Commissioners reviewed proposed verbiage pertaining to conditions they would like to set as it pertains to fishing outfitters and guides using the county’s docks.

Commissioner Cossairt moved to sign the Land Manager’s Statements for Aaron Gordon with Long Drift Outfitters and for Chad Landrum with GoFish! Charters for the use of county docks, with restrictions, through December 31, 2019. Commissioner Kirby second. Motion passed unanimously.

9:49 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:00 a.m. No action was taken.

Mr. Brown and Mr. Martinez returned to the meeting.

County resident Dennis Lamphere joined the meeting at 10:01 a.m.

10:05 a.m., Commissioners held a tax deeded property hearing for delinquent year 2015 taxes. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Treasurer Sue Larson, Chief Deputy Treasurer Jenny Economu, Blue Sky Broadcasting News Reporter Mike Brown, and county residents Marty Martinez and Dennis Lamphere. The proceedings were recorded.

Treasurer Larson said she’s working on five parcels to tax deed. Two parcels will be included in the upcoming tax deed hearing and Commissioners will continue the hearing for the remaining parcels to a specific date. Treasurer Larson agreed that the process for tax deeding has been followed according to Idaho Code Statute.

Commissioner Cossairt moved to tax deed the following parcels for delinquent year 2015 taxes: #RP002700020010A in the name of Kelly Clayborn; #RP61N01W132408A in the name of Enlightened Living LLC c/o Jeffrey J. Crandall Atty, Crandall Law Firm; #RP65N02E264490A in the name of Christine Gatherers, #RPB0120012021AA in the name of Karen Lynn Harrelson; and #RP62N03E224812A in the name of Nils McKenney and Rose McKenney. Commissioner Kirby second. Motion passed unanimously.

Mr. Lamphere referred to a list he had and questioned which parcels on his list are being tax deeded. Treasurer Larson reviewed the list and Commissioners clarified that these parcels are not being sold today.

Commissioners stated that the tax deed hearing for parcel #RP62N03224812A in the name of Nils McKenney and Rose McKenney will be continued to April 8, 2019 and parcel #RP65N02E264490A in the name of Christine Gatherers and parcel #RPB0120012021AA in the name of Karen Lynn Harrelson will be continued to April 30, 2019.

Treasurer Larson said the property Mr. Lamphere is interested in has had the taxes for year 2015 paid so that parcel will not be tax deeded. Mr. Lamphere informed Commissioners that he had approached the Auditor’s Office and very simply asked about whether or not mortgages or liens have been paid on certain properties and was told they couldn’t give him that information and he wanted to know why. Commissioners stated that the county cannot do research. Treasurer Larson said Mr. Lamphere didn’t ask her office if the parcel in question was paid otherwise her office staff would’ve certainly gave him that answer. Mr. Lamphere apologized for taking up Commissioners’ time.

Mr. Lamphere left the meeting at 10:12 a.m.

Commissioner Cossairt moved to continue the tax deed hearing for parcel #RP65N02E264490A in the name of Christine Gatherers and parcel #RPB0120012021AA in the name of Karen Lynn Harrelson to April 30, 2019. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to continue the tax deed hearing for parcel #RP62N03224812A in the name of Nils McKenney and Rose McKenney to April 8, 2019. Commissioner Kirby second. Motion passed unanimously.

The hearing ended at 10:13 a.m.

Treasurer Larson left at 10:14 a.m.

10:15 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:24 a.m. No action was taken.

Commissioners tended to administrative duties and took a short recess until the next meeting.

10:42 a.m., Commissioner Kirby moved to accept the resignation of the Boundary County Road and Bridge Department Superintendent. Commissioner Cossairt second. Motion passed unanimously.

Deputy Clerk Nancy Ryals joined the meeting at 10:50 a.m.

Commissioner Cossairt moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Kirby second. Motion passed unanimously. 10:52 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to deny indigent cases 2019-10 and 2019-12. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting at 10:54 a.m.

11:00 a.m., Boundary Community Hospital CEO/CFO Craig Johnson; Hospital IT employee Paul Reese; and Hospital Board of Trustees members Chairman Elden Koon, Paul Hazdovac, Blanche Studer, and Dennis Dinning met with Commissioners in order to review a PowerPoint presentation of budget and financial information for the hospital.

Dennis Dinning discussed various challenges for rural healthcare, national and local outlooks listing specialty services provided by the hospital, how the hospital is always looking to expand, costs of the hospital’s aging facility, looking at capital plant needs to prepare for, updating technology, etc. Mr. Dinning mentioned the support from Boundary County and he said for every $1,000 from a taxpayer only $10 of that is directed to the hospital. Supplemental levies are unreliable as it pertains to capital expenditures and the hospital needs consistent taxpayer funding. It was said Boundary County Economic Development Director Dennis Weed has mentioned how the assessed value for the county increases. The county’s budget has increased, but the hospital’s appropriations are decreasing. Mr. Dinning said in conclusion the lack of consistent funding stresses the hospital’s ability to meet its goals. In May the county will establish its budget and the Hospital Board is requesting an increase of county appropriations to maintaining grounds, etc., without increasing the burden to the taxpayer and to have a partnership between the Hospital Board and Commissioners to work on the hospital.

Chairman Dinning said the county is different than cities and other taxing districts and he used the example that if the county had a pie, that pie can only increase by 3%. Every budget in that pie, from the Justice Fund, hospital, etc., has a little slice and it’s mandated by Idaho Code as to what the county can levy. If the county increases its budget by 3%, which is approximately $100,000, it’s all that entire pie can increase by. If the county were to provide the hospital with the increase it wants, another department will receive a reduction in their budget. The county has a lot of legislation that might be changing and it’s not known how that change will impact the county. Commissioners don’t know what Medicaid changes there will be and don’t know about sales tax as well. The county uses these monies to fund the justice levy, which includes the courts. If we were ever able to do a Road and Bridge levy, that will all have to come from that same pie. The county’s assessed value has nothing to do with what is collected in dollars as it’s limited to 3%.

Craig Johnson asked Commissioners to consider the presentation and working together for the hospital. Mr. Johnson added that he understands that no one knows what Medicaid expansion is going to look like and the expansion probably won’t happen until year 2021, but he wanted to plant the seed of requirements and discuss what the hospital is facing. The change in Medicaid may relieve the county from the indigent matters. Mr. Johnson said he recognizes the county can’t instantly do something, but maybe over time the county can do more. The county’s budget for the hospital was doing okay, but over the last two years it is going backwards. The hospital’s position is that supplemental levies have their own set of problems so they’re looking for consistent dollars they can plan on. Chairman Dinning said if the hospital supplemental levy passes, and if the hospital can have up to $100,000 as listed in the presentation, between what the county gives them and the levy, they forego that. Mr. Johnson said that is where the opinion differs. It’s a supplement to what the basic taxes are that are levied in the budget so that is the difference in opinion and Mr. Johnson provided information from the State Tax Commission.

The hospital is not a taxing district, but rather a department under the county. There was an attempt to form a hospital district, but it was voted down as the public wanted the hospital kept with the county. Mr. Johnson said Commissioners understand the challenge the hospital faces and the hospital understands the county’s challenges. When working on the budget in May, the hospital wants to work together with the county. Mr. Johnson said it’s felt the hospital provides a vital service so it makes sense to work together.

Chairman Dinning referred to the comment on a 3% increase over prior years and Clerk Poston said the 3% is based off of the highest of the prior three years. Mr. Hazdovac said he doesn’t think people understand that as people see a big increase in assessed values and think the county can tap into that. Chairman Dinning said when the reserve happens and when values are high, the levy rate that calculates what you owe is low. You still pay about the same amount, but if values drop really low, the rate increases in order to generate the same amount for the budget. The levy rate cannot increase, according to Chairman Dinning. Boundary County grew 6.8% in the last few years and yet there is no exclusion for the county to exceed the 3% cap. It was questioned what would happen if big industry moved in and new construction information was provided. Chairman Dinning said he appreciates working together with the hospital. Mr. Johnson said that is why he came earlier in the budget process as opposed to August. Dennis Dinning said the Hospital Board is very active and very passionate when it comes to managing the hospital. The Board has done an outstanding job, especially with Mr. Johnson’s leadership.

Clerk Poston asked Mr. Johnson what he thinks expansion will do for hospital and Mr. Johnson commented that he thinks it will help with uncompensated care, but it’s hard to judge. There are individuals seeking care, mainly in the emergency room, but those individuals are not paying for the service. There are a lot of hard working individuals who don’t have access to health insurance. In 2017 uncompensated care costs were approximately 5% of the total hospital budget. Elden Koon said there are people who come into the emergency room and they are basically eligible for Medicaid, but they’re not even concerned about making an application for Medicaid and they know the hospital will take them in.

It was said the levy helped to upgrade a lot of new equipment at the hospital. Chairman Dinning spoke of the veteran population and how they now have the ability to stay local for medical services as opposed to having to drive to Sandpoint or further. Clerk Poston informed Mr. Johnson that the county now has a designated medical provider for work comp injuries.

Commissioner Dinning thanked the hospital representatives for coming in.

The meeting ended at 11:30 a.m.

Commissioners updated Mr. Brown on the discussion with Hospital Board of Trustees.

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

***Tuesday, March 26, 2019, 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., Treasurer Sue Larson joined the meeting to reschedule the date of the tax deeded property auction. Treasurer Larson said the initial date scheduled is actually too late so Commissioners set the date for July 2nd at 10:00 a.m. instead of July 16th and the auction will still be held in the Extension Office. Those present discussed a tax and value matter in relation to a change in parcel size.

Treasurer Larson left the meeting at 9:11 a.m.

Commissioners tended to administrative duties.

9:30 a.m., Road and Bridge Department Superintendent Clint Kimball and Assistant Superintendent Renee Nelson joined the meeting to discuss the telephone service designated for GIS purposes.

Commissioners said to go ahead and cancel Frontier Communications for this specific GIS telephone line. The new telephone charges for this phone line will be paid and then Ms. Nelson will work with Chief Deputy Clerk Tracie Isaac to get the service to this phone cancelled.

Mr. Kimball asked Chairman Dinning about a solution to finding out information on rights-of-way other than having County Mapper/Cartographer Olivia Drake do the research. Commissioners mentioned using a title company to obtain this information. Mr. Kimball said County Civil Attorney Tevis Hull said a title report won’t provide all of the information Road and Bridge needs and Ms. Nelson commented that Attorney Hull said not all information can be listed at times. Mr. Kimball asked if Commissioners plan on hiring another GIS office person as they had someone in this position in the past. Chairman Dinning said that has not been in the plans. Mr. Kimball stated some time ago Chairman Dinning said he had this situation covered as far as finding needed information. Chairman Dinning said if we run into a case where we don’t have documentation, he thinks we could ask Ms. Drake if she could help and in what area she could help. Mr. Kimball said the inability to have Ms. Drake look up this information occurred later in the last year so Road and Bridge doesn’t have the budget for the work title companies do. Mr. Kimball listed the Riverside Road Improvement project as an example where right-of-way information is needed. Chairman Dinning questioned this information having been researched and put into the project’s plans. Mr. Kimball said that is assumed to be have done. Chairman Dinning said the problem was that Ms. Drake was doing a lot more work on this than was anticipated so maybe she can help Road and Bridge on an occasional basis, but that needs to cleared with Assessor Ryals as Ms. Drake is his employee. Mr. Kimball mentioned there being a lot of unimproved or unused county rights-of-way, using the Old Addie area as an example, and stated that Ms. Drake was a big help getting that information straight.

Ms. Nelson explained that in past meetings and discussions when the GIS work was initially divided, what was discussed is who would do certain parts of the GIS work so can we go back and discuss this again with those involved. Commissioners said they would talk it over with Assessor Ryals. Chairman Dinning said with the peak of housing and Planning and Zoning matters, the majority of Ms. Drake’s hours were being spent on Road and Bridge work, but that was not the intention and development is not going to let up. Chairman Dinning said Commissioners were looking at providing assistance for Mr. Moss so maybe that could alleviate some of these issues.

Commissioner Cossairt asked why there are four different right-of-way widths on Oxford Loop and Mr. Kimball explained that this work was all done back in the 1930’s and 1940’s. Mr. Kimball added that he’s finding a lot of these situations and it’s not all cut and dry. People are demanding that Road and Bridge clean up areas of brush along a road as they claim it’s the county right-of-way or the property owner claims the trees are in their right-of-way as opposed to the county’s right-of-way. Mr. Kimball said a lot of people show up with more experience in legal aspects so he has to be careful. Mr. Kimball added that Boundary County is growing faster than we can handle. In the past we had a County GIS employee, but it was a slower time then and now it’s becoming a problem. Attorney Hull is pretty good about instructions from the legal side and that is part of the matter, too. Mr. Kimball said that’s why he says it’s important to follow the county’s ordinances that have been assigned over the years and he added that is why the matter regarding Travis Wisberg’s approach is frustrating to him. The road standard ordinance is something that needs to be followed or it’s not in the best public interest.

Ms. Nelson explained that the Charter Report for Deep Creek Loop that is on the agenda to sign is a description and scope of the design. This is a new document and it’s so all parties can be made familiar with the project.

Commissioners asked Mr. Kimball about an email they received from him regarding the condition of the chipseal on Sweetwater and Chute Canyon Roads. Commissioners questioned if the chipseal is not holding up because someone is driving with a heavy load while the road is closed to heavy weight. Mr. Kimball said the road is going to pieces. A loaded truck has been parking on it overnight, etc., and he does see the truck’s tracks. It’s a tough thing and the use of this road has changed, according to Mr. Kimball. It was questioned if it’s fair to tear up the road for someone’s personal use and do we live with it or pay to fix it. Mr. Kimball mentioned there being two trailers and a 90 degree corner. Commissioner Kirby questioned if we say no trucks. Chairman Dinning said then the bigger issue is how do we say it applies to just this road? Mr. Kimball said it’s not much different than break up limits. Is it fair to the neighbors to put up with this damage? It’s similar to Lookout View Road. Mr. Kimball said he tries to keep an eye out for septic traffic, but for the residents who bought property on Cougar Road, it’s getting hard to drive a Prius out there. Mr. Kimball said he’s really noticed the damage this year so maybe a little damage has happened over time.

The meeting with Mr. Kimball and Ms. Nelson ended at 9:46 a.m.

County resident Kevin Greenleaf joined the meeting at 9:47 a.m.

Commissioners tended to administrative duties.

Commissioners contacted Attorneys Erika Malmen and Alison Hunter with Perkins Coie via telephone at 10:00 a.m.

Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated regarding Bog Creek. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:59 a.m. No action was taken.

Commissioner Kirby and Commissioner Cossairt participated in the quarterly jail inspection of the Boundary County jail and returned at 11:15 a.m.

Commissioners tended to administrative duties.

Blue Sky Broadcasting News Reporter Mike Brown joined the meeting at 11:20 p.m.

Clerk Poston and Commissioners discussed a question raised about cleaning the restroom at the Waterways Building.

Commissioners provided Mr. Brown with updates on various topics discussed earlier.

Mr. Brown left the meeting at 11:26 a.m.

Courthouse Maintenance John Buckley joined the meeting at Commissioners’ request at 11:35 a.m., and they discussed matters pertaining to cleaning the restroom at the Waterways building and supplies.

Mr. Buckley left at 11:48 a.m.

Commissioners tended to administrative duties.

Commissioner Cossairt moved to sign the Certificate of Residency for Myla McKechnie. Commissioner Kirby second. Motion passed unanimously.

Commissioners recessed for lunch at noon.

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., Boundary County Emergency Services Director Mike Meier joined the meeting and those present reviewed the draft County Emergency Operations Plan and Post Evacuation Plan.

2:00 p.m., Idaho Office of Emergency Management Local Area Field Officer Jay Baker joined the meeting. Mr. Baker provided an explanation for Commissioner Cossairt as to how procedures to be taken during emergencies tend to start and end with the county such as making emergency declarations, etc., and he explained procedures that can be taken in the event of an emergency, including matters pertaining to finances, emergency declarations, repairs, etc.

Mr. Baker left the meeting at 2:40 p.m.

Commissioner Cossairt moved to authorize the Chairman to sign the Outlay Report and Request for Reimbursement Grant Programs #4 for the regional sewer feasibility study/wastewater planning grant. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign the Charter Report for the Deep Creek Loop; JCT US-95 to Lions Den Boundary County, Project No. A020(215), Key No. 20215. Commissioner Kirby second. Motion passed unanimously.

3:00 p.m., Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Treasurer Sue Larson, Assessor Dave Ryals, Idaho Association of Counties (IAC) Executive Director Seth Grigg, IAC Policy Analyst Kelli Brassfield, and various elected officials from the remaining four northern counties participated in the Idaho Associated of Counties legislative conference call for District 1 to review upcoming legislation. The call ended at 3:15 p.m.

Commissioners tended to administrative duties.

3:38 p.m., Commissioners contacted property owner Julie Johnson to update her on a tax matter. The call ended at 3:41 p.m.

Commissioner Kirby left the meeting at 4:07 p.m.

There being no further business, the meeting adjourned at 4:43 a.m.

____________________________________
DAN R. DINNING, Chairman

ATTEST:

________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Wednesday, April 3, 2019 - 09:45
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