***Monday, March 04, 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.

Teresa Cartwright and Doug Ladely Sr. joined the meeting.

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

9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the departmental report. A written department report was submitted.

Chairman Dinning informed Mr. Ladely that Mr. Kimball had brought in documents from the 1980s that showed there hadn’t been any maintenance done to Tamarack Lane by Road and Bridge nor did the county maintain this road after that time so that is what Commissioners have to go by. Mr. Ladely said he knows that area was deeded to the county by Ms. Philbrook and he added that the little strip of road between his property and Ms. Philbrook’s property was called Tamarack Lane, then it became Tamarack Drive. Mr. Ladely said the county is the entity that put the asphalt and sealcoat down when it was Tamarack Drive, but he doesn’t recall when that took place and he wanted to know if the county could patch the holes and seal coat it. This road is not wide enough for a county road, according to Mr. Ladely. Chairman Dinning said maybe that’s why the county didn’t take it over.

Commissioner Kirby move to amend the agenda for 9:30 a .m. in order to go into executive session with the county civil attorney pursuant to Idaho Code 74-206(1)c, to acquire an interest in real property not owned by a public agency and 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 likely to be litigated as it pertains to the timing of a real estate transaction. Commissioner Cossairt second. Motion passed unanimously.

Mr. Ladely left the meeting.

Mr. Kimball informed Commissioners that he hasn’t yet received notice from County Civil Attorney Tevis Hull as it pertains to the documents for the Ruby Creek bridges.

Ruby Creek Bridge #1 went out to bid with a bid opening of March 11th and it is mostly foundation work and hopefully closures will be limited. Mr. Kimball briefly explained work involved for that.

Mr. Kimball said Road and Bridge is now going out for temporary repairs for Ruby Creek Bridge #2 and he has a contractor in mind and has all materials on hand. Bridge #2 is a not to exceed $10,000 project, according to Mr. Kimball. Bridge #2 will have prefab planks to lay there that are strong enough to get load limits back up. The documents for these repairs are with Attorney Hull for review and once approved Road and Bridge is ready to start the work. Mr. Kimball said the closures will be short in hopes of not impacting residents too much. Mr. Kimball discussed talking to the water association in that area about putting in a large culvert near Bridge #2 to keep traffic moving through there.

Mr. Kimball said load limits for Ruby Creek Bridge #3 have not been posted, but he assumes it will be the same as it is for Bridge #2. This bridge will probably be re-decked without having to go out for funding.

Mr. Kimball commented that the plan for Bridge #4 is to have it re-decked, and that he finally received a letter from the landowner who will let his property be used for a temporary bridge so that shouldn’t impact traffic flow. The substructure of this bridge is sound, but the deck is diminishing.

Mr. Kimball informed Commissioners that he would like to start work on Bridge #2 today.

Ms. Cartwright said logging took place last year and a considerable amount of logs came through that area so in being proactive, can something be put into place with the Idaho Department of Lands, loggers, etc., where there is some sort of check system for these bridges before impacting them in this way. Mr. Kimball said these bridges are on a two year inspection cycle and he explained that Ruby Bridge #1 showed no signs of moving so it’s big that it needs work now. The inspections of these bridges have been lax so there is going to be a change. Bridge irregularities have been detected so the State came up. Bridge #2 has rivets that have been sheared off and they are diminishing. These are typically good inspections and there is a code where you can’t run cleat-like tractors across bridges, but this is something that just happened and hopefully it’s corrected at a state level. It became very apparent this year that there have been problems with bridge inspections, according to Mr. Kimball. Ms. Cartwright said some of these are temporary bridge fixes. Mr. Kimball spoke of Ruby Creek Bridge #2 and Ms. Cartwright questioned if this bridge will sustain the weight of a propane truck after the fix and Mr. Kimball said yes, it will. Mr. Kimball explained the process and said the State cannot verify loading until a fix is in place, but the bridge should be able to carry the load of a fire truck, propane truck, etc. Mr. Kimball said Road and Bridge had starting plowing snow with their pickups when they learned of these bridge issues.

Ms. Cartwright left the meeting at 9:18 a.m.

Commissioner Cossairt moved to sign the Local Highway Technical Assistance Council Agreement, 2019 Local Strategic Initiatives Program for Tobe Way and Plato Drive Improvements. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Engineering Services Agreement with HMH Engineering for Tobe Way and Plato Drive upon the approval of County Civil Attorney Tevis Hull. Commissioner Kirby second. Motion passed unanimously.

It was said Commissioners were waiting to hear from County Civil Attorney Tevis Hull’s approval of the contract for repairs for Ruby Creek Bridge #2 as well as the approval for engineering services for Bridges #1 through #4.

Mr. Kimball informed Commissioners that his budget is at $12,000 in overtime for snow removal and he could’ve used compensatory time. Mr. Kimball commented that another impact for use of compensatory time that he wasn’t aware of is that overtime increases an employee’s income and affects their social security.

The meeting with Mr. Kimball ended at 9:25 a.m.

Commissioners received a telephone call from County Civil Attorney Tevis Hull. Attorney Hull said he’s in approval of all three agreements that Road and Bridge had sent over to him pertaining to the Ruby Creek bridges and the Independent Contractor Agreement with Wink Inc.

Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)c, to acquire an interest in real property which is not owned by a public agency and 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 likely to be litigated as it pertains to the timing of a real estate transaction. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:54 a.m. No action was taken.

Commissioner Cossairt moved to reappoint Tamina Boonisar and Donna Jo Dirks to the Boundary Community Guardianship Board with terms to expire January 2023. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign Certificates of Residency for Brandi Van Tassel and Christopher Lennox. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to cancel taxes for tax year 2018 in the amount of $24.28, translator and solid waste fees in the amount of $161.48, penalties in the amount of $1.86 for a total of $187.62, plus interest for parcel #MH65N01W350752A as the mobile home was sold and moved to an unknown location. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2018 taxes for parcel #MHM0740002006DA and to accept the tax amount due by March 15, 2019. Commissioner Kirby second. Motion passed unanimously.

10:00 a.m., Solid Waste Department Assistant Foreman Eric Owen joined the meeting to give the department report.

Mr. Owen said he doesn’t have much of anything new to report to Commissioners other than the loader is getting expensive. This machine is signaling a steering control issue and the cost is $5,120 to repair with $8,000 having been spent on the loader over all. Mr. Owen informed Commissioners that their new employee is working out really well. Commissioners asked Mr. Owen about a hazardous materials incident course that is being held in Spokane that Solid Waste Department Superintendent Claine Skeen would like his new employee to attend. Commissioners discussed a different hazard materials incident course that is free and is being held locally. Commissioners decided to hold off on approving the hazmat class that is at the cost of $900.

Mr. Owen informed Commissioners that the landfill is getting close to burning the wood pile, but they will need to separate out the contaminated and painted wood.

Chairman Dinning passed on a compliment to Mr. Owen that someone had informed him how the landfill is kept very neat.

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 10:13 a.m. No action was taken.

Commissioner Cossairt moved to approve and sign the Agreement between Idaho Department of Parks and Recreation and Boundary County for the Idaho Recreational Boating Safety Program for year 2019. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Engagement Agreements with HMH engineering for Ruby Creek Bridges #1 through #4 and the Independent Contractor Agreement with Wink Inc. for the Ruby Creek Bridge #2. Commissioner Kirby second. Motion passed unanimously.

10:21 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the department report. Zlata Myr, District 1 & 2 Liaison for the Department of Juvenile Corrections also joined the meeting to provide an update on the 2018 Annual Juvenile Justice Report for Boundary County.

Ms. Myr said the data she has presented is what is collected from Ms. Brown every year. Information on juvenile arrests are one year behind so information shown for that is for year 2017 as opposed to year 2018, but all other information will be for year 2018. Those present reviewed the statistics of information presented to include the numbers of those placed into and released from the juvenile justice system, community service hours performed, amounts of restitution collected, etc. Ms. Brown spoke about community service in Boundary County as well as the success and recidivism rates. Ms. Myr said the numbers have been consistent throughout the state. Ms. Myr explained commitments and suspended commitments as well as discussed substance use disorder funds, tobacco funds, outpatient treatment, costs, etc. Statistics for District 1 were also reviewed.

Ms. Brown provided Commissioners with an update on probation as it pertains to her department. There are 30 juveniles on probation, 1 person in the diversion program, 145 people on unsupervised probation, 36 people in the misdemeanor program, and there are three people currently in drug court. Ms. Brown said there are six people who are in pre-trials that were released on their own recognizance from jail to have urine analysis done twice per week. Chairman Dinning asked about the results of drug court and Ms. Brown said two people have graduated from drug court and one of them has maintained their sobriety.

The meeting with Ms. Brown and Ms. Myr ended at 10:50 a.m.

10:54 a.m., Courthouse Maintenance John Buckley joined the meeting to give the maintenance department report. New carpet has been installed in the small courtroom, jury room and witness room and he is going to look for trim, but he might have to use something different as the current quote he has is expensive. New window blinds should be coming in soon and Mr. Buckley said he’s noticed that some window seals need to be fixed. Clerk Poston stated that the seal around the fire escape window needs redone as well. Mr. Buckley said he noticed that some of the offices have window seals that were placed on top of the previous seal so he is working on that. The Courthouse boiler has been working, but once it stops he has a new valve to install. Mr. Buckley said he’s getting ready for elections and he added that come spring time we need to get the sidewalks taken care of so he will need to seek bids for that. Clerk Poston mentioned the need to finish the landscape blocks and Mr. Buckley said he’ll work on that as soon as weather warms up. Mr. Buckley informed Commissioners that there has been graffiti spray painted in the inside of the restroom at Deep Creek boat launch. Chairman Dinning mentioned seeing spray paint tagging along the retaining wall on the Westside Road north of Snow Creek. Mr. Buckley informed Commissioners of a leak in roof of the North Idaho College building, but that the roof of the Sheriff’s Office is holding up well.

Mr. Buckley left the meeting at 11:13 a.m.

Commissioners tended to administrative duties.

11:30 a.m., Boundary Economic Development Council Director Dennis Weed joined the meeting. Mr. Weed said there will be a meeting with the Moyie Springs City Council to discuss the regional sewer feasibility project and someone from the Department of Environmental Quality will also be there. On Thursday Fatbeam representatives will be in town if Commissioners want to meet with them about internet service. Fatbeam will also meet with the Kootenai Tribe of Idaho and Canadian representatives to see if the service can be bridged. Commissioner Cossairt said he would attend this meeting, which will take place at noon in the Visitor’s Center Conference Room. Mr. Weed said he will also meet with the President/CEO of Intermax and later he might contact Eric Lederhos with E.L. Automation. Mr. Weed informed Commissioners that two chain companies are interested in the Shopko Building. Mr. Weed said he will draft a letter for Commissioners to sign and send it to American Tower and he will also talk to Verizon about turning their wattage back up as it was confirmed it was turned down because it was bleeding over into Canada. Those present discussed a request of Lincoln County Commissioners to look into getting Avista’s gas utility services to Libby. Those present discussed the vacant buildings in town.

Chairman Dinning questioned if urban renewal districts are only for cities and if there is something similar for counties that could fund this proposed sewer system.

The meeting with Mr. Weed ended at 11:51 a.m.

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

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

1:30 p.m., Boundary Economic Development Council Director Dennis Weed joined the meeting at Commissioners’ request to discuss the regional sewer feasibility study project to be discussed at the upcoming Moyie Springs City Council meeting on Wednesday. Those present discussed working with the City of Moyie Springs, the use of treatment facilities, cost savings, and the discussion to be raised at the upcoming Moyie Springs City Council meeting.

The meeting with Mr. Weed ended at 2:00 p.m.

Waterways Board Chairman Darron Branson stopped by Commissioners’ Office to clarify matters pertaining to the invasive species boat checking station. Those present also discussed the Idaho Outfitters & Guides Licensing Board Land Manager’s Applications that Commissioners had recently received.

Mr. Branson left the meeting at 2:15 p.m.

Commissioners tended to administrative duties.
2:30 p.m., Sheriff’s Office Undersheriff Rich Stephens joined the meeting to discuss going out for quotes for a vehicle. Commissioners discussed not making the request for quotes too specific.

Commissioner Kirby moved to seek quotes for a vehicle for the Sheriff’s Office. Commissioner Cossairt second. Motion passed unanimously.

Undersheriff Stephens left the meeting at 3:00 p.m.

3:00 p.m., Commissioners contacted Attorney Erika Malmen with Perkins Coie as it pertains to the Bog Creek Road matter. Also present was Kevin Greenleaf. Ms. Malmen said since the Mission Brush matter the Forest Service has changed their objection procedures. This is a big environmental impact statement that has been prepared by the Forest Service and Customs and Border Protection and it is different than other environmental impact statements due to the Border Protection’s involvement; that plus the Endangered Species Act (ESA) prescription is going to make this case a heavy lift. There’s a presumption that the Forest Service has done everything right and it’s good that Commissioners retained Mr. Greenleaf to consult with as an environmental specialist. Ms. Malmen said she would file what is basically an appeal in the administrative process, the Forest Service would review it and generally draft a response to the objection. That is the final agency action unless the county is unhappy with that result in which case it can file a lawsuit against the Forest Service. Ms. Malmen said it’s good to build that record during the administrative process. All these cases are based on summary judgements. The court will look at everything the agency has in writing and render a decision. It’s a very high hurtle to get an agency decision in court unless they are arbitrary, capricious, etc. Those present discussed the potential cost to contract with Perkins Coie.

3:08 p.m., Commissioner Cossairt 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 likely to be litigated as it pertains to the Bog Creek Road matter. 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 3:22 p.m.

Commissioner Kirby moved to employ Perkins Coie of Boise, based on the conditions set out today in email correspondence, to prepare the objection for the Bog Creek Environmental Impact Statement (EIS). Commissioner Cossairt second. Motion passed unanimously.

The call to Ms. Malmen ended at 3:23 p.m.

Those present briefly resume their discussion of the Bog Creek road matter.

Mr. Greenleaf left the meeting at 4:00 p.m.

There being no further business, the meeting recessed until tomorrow at 2:30 p.m.

***Tuesday, March 5, 2019, at 2:30 p.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

2:30 p.m., University of Idaho Extension Educator Amy Robertson joined the meeting to discuss her budget. Chairman Dinning clarified that an employee of the Extension Office earned compensatory time and was paid in overtime as instructed, but Ms. Robertson had only budgeted for overtime for the upcoming fair. In talking with Clerk Glenda Poston and Chief Deputy Clerk Tracie Isaac, Ms. Robertson’s budget will still be fine if she runs over her budget for overtime as the budget is in good shape.

Ms. Robertson and Commissioners discussed the process to follow when employees of the Extension Office request to use a county vehicle for travel to conferences. Chairman Dinning said the county appraisers will be getting busier with spring coming so it will be harder for other employees to have use of a county vehicle. Commissioners clarified that if an Extension Office employee wants to use a county vehicle for travel, to let Commissioners know and they will check with the Assessor about availability and then get back to them.

Ms. Robertson provided Commissioners with a copy of the University of Idaho’s per diem rates for informational purposes. Commissioners spoke of how the rates the county uses are a bit low.

Ms. Robertson informed Commissioners that she had gone to Nampa to put on a cooking under pressure course for 600 people and there should be an article coming out about it. This course was the biggest convention that the Idaho Extension Program has had, according to Ms. Robertson.

The meeting with Ms. Robertson ended at 2:35 p.m.

Commissioners tended to administrative duties.

3:00 p.m., Chairman Dan Dinning, Commissioner Wally Cossairt, Clerk Glenda Poston, Assessor Dave Ryals, Treasurer Sue Larson, Idaho Association of Counties Executive Director Seth Grigg 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 3:20 p.m.

3:20 p.m., There being no further business, the meeting recessed until Wednesday, March 6, 2019, at 6:00 p.m. when Commissioners are to meet with the Moyie Springs City Council.

Wednesday, March 6, 2019, at 6:00 p.m., Commissioners met in special session with Moyie Springs City Council members and a representative of the Department of Environmental Quality to discuss the regional sewer feasibility study. Commissioners left the meeting at 7:00 p.m.

There being no further business, the meeting adjourned at 7:00 p.m.

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DAN R. DINNING, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk