***Monday, March 5, 2018, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Commissioner LeAlan Pinkerton was out of the office tending to personal matters.

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 report was presented. Mr. Kimball said Road and Bridge sanded and salted areas as needed and has been issuing permits for smaller loads on closed roads. Brushing on Lions Den Road continues this week and it is business as normal for the most part, according to Mr. Kimball.

Mr. Kimball presented Commissioners with the Emergency Relief Fund (ERF) Agreement Amendment as it pertains to the Cow Creek Road – Keller Canyon project. Original funding was in the amount of $4,170, but that amount has been increased to $7,745.23.

Commissioner Kirby moved to authorize the Chairman to sign the Amended ERF128 – A1 Agreement Amendment for the Cow Creek Road – Keller Canyon project for an amended amount of $7,745.23. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Mr. Kimball discussed receiving a letter from United Parcel Service (UPS) regarding an issue with sight as their drivers look north coming off Fawn Lane onto Highway 95. Trees and a business sign are causing sight issues for the drivers and if the situation worsens in the spring and summer when the trees begin to bud, UPS stated it may lead to a possible interruption in their service.

Mr. Kimball discussed processing the claim for payment to Bonner County for the Road Maintenance Agreement as it pertains to Pack River Road maintenance. Those present discussed changing the process of approving demand payments so that Commissioners are aware of the requests for demands and can sign off on them.

Mr. Kimball said he has a difference of opinion as far as how much road Bonner County states they maintain.

Mr. Kimball presented Commissioners with the vacation usage report for two of his employees.

Mr. Kimball mentioned that he wanted to implement a fee of a certain amount for the approach permitting process through his department and he added that a portion of the fee would be refundable with the exception of Road and Bridge’s time.

Chairman Dinning asked if the county needs to look at protecting the existing chipseal on roads as opposed to starting new projects. Mr. Kimball said he thinks about that often, but the only thing that will help his budget is cutting back on dust abatement and chipsealing. Mr. Kimball spoke of bridge projects and the Deep Creek Loop project, and he said he doesn’t expect to need much material for the bridge project and he mentioned using in-kind match for the Deep Creek Loop project. Mr. Kimball said he would look into the cost per mile for chipseal.

Chairman Dinning informed Mr. Kimball that a county resident stopped by the office to mention that visibility at the intersection of Old Highway Two Loop and Highway 2 is poor due to a snow berm that is too high for smaller cars to see around. Mr. Kimball mentioned he would go and take a look.
Mr. Kimball spoke of road repairs needed for Highland Flats Road.

Mr. Kimball said he is not sure if Road and Bridge will be able to obtain the road grindings that result from the Highway 95 project.

Commissioner Kirby moved to amend Commissioners’ prior motion made on Tuesday, February 20, 2018, regarding an equipment lease through Columbia bank for a loader for the Road and Bridge Department to include the statement that Chairman Dinning is authorized to sign the lease/purchase documents as it is a time sensitive matter. Chairman Dinning yielded the chair to second. Motion passed unanimously.

The following is the amended motion.

Commissioner Kirby moved to proceed with Columbia Bank to finance $155,000.00 for the Road and Bridge Department’s 2010 Caterpillar 972H wheel loader for a term of seven years at an interest rate of 3.68%, annual payments of $24,733.94 with the first payment due by March 20, 2018, and to authorize Chairman Dan Dinning to sign the lease/purchase documents. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Mr. Kimball and Commissioners discussed the direction the grader wings sit. Mr. Kimball said the grader wings are typically to the right and the gate interferes with the wing so it doesn’t allow for it to sit a certain direction.

The meeting with Mr. Kimball ended at 9:28 a.m.

Deputy Clerk Nancy Ryals joined the meeting at 9:28 a.m.

Commissioner Kirby moved to accept the assignments to the Catastrophic Health Care Cost Program on the following indigent account: Account 2017-3 in the amount of 75%, Account 2016-15 in the amount of 40%, Account 2017-4 in the amount of 73%, and Account 2017-11 in the amount of 4%. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting.

9:31 a.m., Commissioners contacted Attorney Tevis Hull via telephone.

Chairman Dinning asked Attorney Hull about the Idaho Unified Certification Program. Attorney Hull explained that it has to do with disadvantaged businesses and contracts using federal monies.

Attorney Hull said he is working on the agreement to allow for additional parking across street from the Rock Point boat launch/Waterways Building. This is an agreement the City of Bonners Ferry will also sign, according to Attorney Hull.

Attorney Hull mentioned the Agreement with Cooley, LLC., as it pertains to investigating the computer virus the Courthouse computers experienced and he questioned why the county is engaging attorneys at this point. This company is a forensic firm for the computer issue, according to Clerk Poston. The case is closed and Cooley, LLC., is drafting a review letter of their findings, basically stating nothing was compromised. Clerk Poston said the name of this company had recently changed to Cooley, LLC, and this is the firm that Idaho Counties Risk Management (ICRMP) had agreed to compensate for this purpose. Attorney Hull voiced his concerns over different rates listed in the agreement with Cooley, LLC., as well as a section regarding fees.

Commissioner Kirby moved to authorize Chairman Dinning to sign the Engagement Contract with Cooley LLC regarding the potential computer breach of information. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Those present reviewed the contract with Keller Associates as it pertains to the regional sewer feasibility study project. Attorney Hull stated that he is okay with the language of the contract.

Attorney Hull informed Commissioners that he discussed the records request that Commissioners received from someone requesting courtroom video footage of his own proceedings. This is Courthouse security camera footage, not specifically courtroom visual/audio footage so Attorney Hull felt he should talk to Judge Julian to see how he feels about it. Judge Julian had no issue with releasing the footage, according to Attorney Hull.

Attorney Hull stated that the Sheriff’s Office is having some issues with mental holds so he is working on that with the Sheriff’s Office and City of Bonners Ferry. There is a recent Supreme Court ruling that states if the county releases someone on their own recognizance, who was in custody for medical reasons, the county still has to pay those costs even though the person is released. Attorney Hull said he is going to review that ruling.

Chairman Dinning informed Attorney Hull of a matter pertaining to a drainage issue on Black Mountain Road and of the ability for the county to work in its own right-of-way to rectify the drainage issues. Attorney Hull said the county has every right to do work in its own right-of-way.

The phone call to Attorney Hull ended at 9:47 a.m.

Commissioner Kirby moved to reappoint Larry Copeland, Dave Wattenbarger and Ben Nystrom to the Boundary County Noxious Weed Advisory Board with terms to expire January 31, 2021. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Clerk Poston informed Commissioners that there may be a possible expenditure of up to $10,000 to hire interpreters for a court matter, but the Idaho State Supreme Court is being contacted about providing assistance.

Commissioners recessed until their next meeting set for 10:00 a.m.

10:00 a.m., Solid Waste Department Superintendent Claine Skeen, Assistant Superintendent Eric Owen and Chief Deputy Clerk Tracie Isaac joined the meeting.

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. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:01 a.m. No action was taken.

Those present discussed personnel matters as it pertains to staffing monitored landfill sites. Chairman Dinning said he wanted to wait until all Commissioners are back in the office before discussing this. Mr. Skeen said he will have a vacancy at the Naples and Paradise Valley sites and he has an employee who can relocate to the Naples site, but that still leaves a vacancy at the Paradise Valley site and the main landfill location.

Chairman Dinning asked Mr. Skeen if the county resident who wanted to take tires form the landfill’s tire pile can do that yet. Mr. Skeen said this person was going to come by sometime after the snow melted. Chairman Dinning mentioned that someone raised the question the landfill being able to use the tires as landfill cover.

The meeting with Mr. Skeen, Mr. Owen and Chief Deputy Clerk Isaac ended at 10:13 a.m.

Commissioners and Clerk Poston resumed their discussion on changing the process for demand claims.

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

Ms. Brown reported that the meeting room at the armory is used an average of six times per month. Ms. Brown mentioned that if someone turns on the top heater in the gym at the armory and leave the meeting room door open, the heat will distribute.

Ms. Brown provided statistics for probation to include 20 people on juvenile probation with Ms. Brown stating that number continues to increase. There are 178 people on unsupervised probation and four people on the Youth Accountability Board program. Ms. Brown said her office has gone through a lot of training lately to include just completing Odyssey training for her office. The Odyssey program will provide a data module for adult misdemeanor probation, which Ms. Brown said she hasn’t had in the past. The Probation Office is also attending a lot of training to work on risk assessment for juvenile and the adult programs. Ms. Brown said Juvenile Probation Officer Jessica Nordheim will be one of the state’s trainers for the Youth Level of Service-Case Management Inventory program for the risk to reoffend assessment and she stated that there are two trainers per district. Ms. Nordheim has taken the appropriate use of force training and Ms. Brown and Probation Officer Carol Negley will take another type of class.

The meeting with Ms. Brown ended at 10:42 a.m.

Treasurer Sue Larson joined the meeting at 10:42 a.m.

Those present discussed parcels having delinquent taxes that are owned by Ace Elder Care. Chairman Dinning said we will need to talk to County Civil Attorney Tevis Hull going forward. Those present discussed whether or not the county would need to insure a building if it were tax deeded.

Commissioner Kirby moved to amend the agenda for Tuesday, March 6, 2018, at 11:00 a.m., to add a discussion with Attorney Hull regarding Ace Elder Care. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously.

Treasurer Larson left the meeting at 10:51 a.m.

11:00 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Pam Barton joined the meeting to provide an update on Restorium matters.
Those present reviewed various aspects of the budget for the Restorium.

Commissioners, Ms. Magee and Ms. Barton discussed a matter regarding a resident’s balance owing.

Commissioner Kirby moved to deny the request of a Restorium resident and to accept monthly payments of $5.00 from this resident to pay off the outstanding balance. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Chairman Dinning informed Ms. Magee and Ms. Barton that Restorium Board Chairman Larry Hall had planned on meeting with Commissioners to discuss how to get more pay for the Restorium employees, but he had to cancel. Chairman Dinning said the proper process for that would be for Mr. Hall to present something to Ms. Magee and then she forward that information to Commissioners, but he hasn’t been able to convey that to Mr. Hall yet. Chairman Dinning clarified that he is not dismissing Mr. Hall’s request, but he feels the request needs to come through Ms. Magee. Clerk Poston said she will be working on her budget soon so maybe Commissioners want to add this discussion to their agenda for next month.

11:19 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. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 12:20 p.m. No action was taken.

Commissioners recessed for lunch at 12:20 p.m.

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

1:30 p.m., Commissioners held the continuation of the Board of Equalization appeal hearing for appellants Wade and Carol Roberts for parcel #RP60N02W210160A. Present are: Chairman Dan Dinning, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Assessor Dave Ryals. Participating via telephone was Boundary County Civil Attorney Tevis Hull, Appellant Wade Roberts and Mr. Roberts’ representative, Attorney John Finney. The appeal hearing was recorded.

Chairman Dinning stated that the hearing had been closed to further comment and that this hearing is a continuation from the February 26, 2018, hearing. At the prior hearing both the Assessor’s and the Appellant’s sides had been heard and Commissioners have received a copy of the Appellant’s Exhibit #1, which is the Agreement Confirming Easement and Creating Restrictive Covenants. Chairman Dinning explained that if the appellant disagrees with the Board of Equalization’s decision, they have the right to file an appeal to the State Board of Tax Appeals and he explained that the appellant would be receiving the Board of Equalization’s written decision and instructions and forms for appealing to the State Board of Tax Appeals.

Chairman Dinning reviewed the highlighted section of page 3 of the Appellant’s Exhibit #1. The owners of the “benefited parcel” may log or cause to be logged the “benefitted parcel” or any subdivision thereof, but only to remove dead, dying or diseased trees; or to thin trees to sustain a viable and healthy forest environment; or to clear a home site for residential use. There shall be no clear-cut or commercial logging undertaken on the “benefitted parcel,” to which Chairman Dinning added, would be the Roberts’ parcel. Chairman Dinning resumed reading the section to state, in the event of any logging in compliance with this provision, the owner of the parcel shall comply with state requirements to clean up in order to minimize the unsightly conditions and to minimize the potential for fire damage. It is understood that Cowan would not have granted an easement to BSG, who Chairman Dinning said he assumed was the prior owner, without receiving in return restrictive covenants limiting the use of the roadway and ensuring a viable, healthy forest environment. Chairman Dinning said going on to page 4 of the Appellants’ exhibit it states, If BSG, its agents, or any successor shall neglect or fail to perform and comply strictly with the restrictive covenants or the conditions of the easement, or any of them, Cowan and his successors, may at any time thereafter serve on the owners responsible for the violation a notice in writing specifying the particulars of the default and directing that the default be remedied. Chairman Dinning said on page 5 of the Appellants’ exhibit it states, In the event BSG, or their successors or assigns, should violate the restrictions on logging, damages to Cowan or their successors would be difficult, if not impossible, to determine. Therefore, in addition to any other remedies under law or as set forth in this agreement, the party who breached the logging restrictions shall pay to Cowan, or his successors, liquidated damages at the rate of one hundred dollars ($100) per wrongfully removed tree. For purposes of this provision, a tree shall be defined as any living tree which has a twelve-inch or larger diameter breast height.

Chairman Dinning said Commissioners need to determine if a person has a restriction on their property that they cannot commercially remove anything dead or dying, or a tree to promote forest health, and cannot remove a tree 12 inches or larger, does that then not meet the intent of the forest exemption. Does it or does it not? Chairman Dinning said his thinking at this point, after reading and studying this last week, there is then not the opportunity to commercially harvest, which is logging.

Commissioner Kirby said any growth that is over 12 inches breast high cannot be logged. Chairman Dinning said Commissioners are not here to discuss enforcement as that is not their role, but does this meet the intent of the exemption or not. Commissioner Kirby said the intent of the agreement was to not log so this means there should be no logging. Chairman Dinning said this states no logging and if Commissioners agree to that, then they would have to deny the Appellants’ request for an appeal and sustain the Assessor’s valuation, understanding the Appellant has the right to appeal to the State Board of Tax Appeals.

Chairman Dinning said the conclusion is that Commissioners need to determine or decide whether or not this property can be logged and from Commissioner Kirby’s prior statements, he’s leaning that the property cannot be logged with the restrictions and Chairman Dinning said he tends to agree with that. Commissioners will need to make a decision to uphold the Assessor’s valuation or the Appellants’ action in this case. Chairman Dinning said with the way things are written in the covenants, Commissioners need to deny the appeal and uphold the Assessor’s valuation. Commissioner Kirby said he is in agreement with that. Chairman Dinning said this is due to the language in the document, the Agreement Confirming Easement and Creating Restrictive Covenants.

Commissioner Kirby moved to deny the Board of Equalization appeal filed by Wade and Carol Roberts and to sustain the Assessor’s valuation for parcel #RP60N02W210160A. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Chairman Dinning reiterated that the Appellant has the right to appeal this decision to the State Tax Commission.

The Board of Equalization appeal hearing for parcel #RP60N02W210160A owned by Wade and Carol Roberts ended at 1:45 p.m.
2:00 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, March 06, 2018, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

County resident Terry Spence was in attendance of the meetings off and on throughout the day.

9:00 a.m., County Outside Auditor Leonard Schulte joined the meeting to review the county’s audit for fiscal year ending September 30, 2017. Present were Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Chief Deputy Clerk Tracie Isaac, Treasurer Sue Larson, Deputy Clerk Michelle Rohrwasser, and county resident Terry Spence.

Mr. Schulte reviewed various sections of the audit to include: Public Employee Retirement System Insurance (PERSI) disclosures, estimated landfill closure and post closure care costs, acceptance of grants for federal funds and associated requirements, and various financial statements. Mr. Schulte also explained the representation letter and stated he found no issues of deficiencies in the internal control statement as well as no findings. Mr. Schulte also provided information on sections of his audit pertaining to leases, non-capital liabilities, net pension liability, Restorium receivables and assets, statement of activities for the county as a whole, typical financial statements of a historical approach, and Road and Bridge information.

Commissioner Kirby moved to accept the County Outside Auditor’s review of the county’s audit for the budget ending fiscal year September 30, 2017. Chairman Dinning yielded the chair to second. Motion passed unanimously.

The meeting with Mr. Schulte ended at 9:48 a.m.

10:00 a.m., University of Idaho Extension Educators Amy Robertson and Kate Painter joined the meeting to update Commissioners on programs offered through the University of Idaho Extension Office.

Ms. Robertson said they hired Debbie Higgins as the new 4H Coordinator and she is working out fabulously. A college intern will also be hired over the summer for the 4H program so there will be a lot of day camps offered in lieu of Friday Friends. Ms. Robertson explained that preference for an intern will be given to the University of Idaho students, but any student who is attending an Idaho public college or university is welcome to apply. The intern program will last 10 weeks at 40 hours per week at $12.00 per hour and it is a position funded through the University of Idaho. The Friday Friends program will stop over the summer and start up again in September, according to Ms. Robertson. There are approximately 40 kids who use this program, but that number fluctuates, and the program has a sliding fee scale to meet family needs.

Ms. Robertson informed Commissioners that she is in the process of planning the village project, which is a partnership with the school district.

The 4H curriculum showcase was held in December to present what is offered. Ms. Robertson said she has been busy teaching kids about germs and washing hands as well as serving on the High Five Grant Steering Committee. There will be three more quality assurance trainings for Future Farmers of America (FFA) and 4H participants who are selling animals will need to attend this training. Chairman Dinning asked Ms. Robertson how she notifies the public about this important training and she replied that information is sent out via newsletters, 4H letters, FFA leaders, etc.

Ms. Robertson listed more programs that will be offered.

Ms. Robertson discussed the Inspire Idaho Workforce Training program, in which the University of Idaho will be the hub. Ms. Robertson explained that the people involved in this program will come to Bonners Ferry to put on a presentation on March 27, 2018, and people in the community with jobs who want to get more training will probably want to attend. The course consists of 180 hours over a period of one year at a cost of $250. Those who complete the course will get a certificate of competency. This training will allow people to get more training so they can bring more education to the jobs they currently have.

Ms. Painter said she also will have an intern as the University of Idaho is going to pay up to $4,500 to $5,000 for a summer intern. This will be a great summer job to help out in the Extension Office. The person who fills this position will work on the heading dates for the summer trials to show the varieties in plots. They can learn about replicated trials and agricultural economics. The advertisement for this intern position will be done locally as well as through the University of Idaho.

Ms. Painter said she hosted the cereal school for the third year now and this time she had a great turnout. She received two grants one of which is a planning grant for $2,000 for a grazing school and the second grant is for $2,500 to look at the local food system and where we want to go with that. For the grazing school, people will come and spend four days doing ranch duties such as fencing building, grass ecology, etc. For the local food system, there are a number of things going on at the Farmers Market, Farm to Table program, etc., so maybe there could be more coordination on local food production and markets.

Ms. Painter presented Commissioners with a recent newspaper insert article on the local area and information on growing a garden, raffles, green houses, harvesting hay, etc. Commissioners were also provided with the University of Idaho Extension Bulletins. Ms. Painter spoke of economic issues with the cost of bushels of wheat and of holding financial statement courses.

Ms. Robertson discussed wanting to hold a farm tour for kids in the summer.

10:42 a.m., Airport Manager Dave Parker joined the meeting.

The meeting with Ms. Robertson and Ms. Painter ended at 10:42 a.m.

Mr. Parker informed Commissioners that the airport’s plow truck is 46 years old and it had been a truck that was picked up at an auction 15 years ago. This is the vehicle that plows snow off the runway, but it is now having recurring mechanical issues. The snow berms at the edge of the runway get to be five to seven feet tall and that can cause problems with landings, according to Mr. Parker. Mr. Parker said he had looked at what other airports have done about this and the solution would be to obtain newer equipment. Mr. Parker mentioned that if the county were to request using federal excess funds, you would normally have to construct a building, but this year the Federal Aviation Administration (FAA) has decided that maybe snow removal equipment is more important than the buildings. If the cost were to be a minimum of $200,000, the county’s match would be 7%, so that would be enough to purchase a new truck. This would be a brand new truck for $14,000 and a building for $14,000. Mr. Parker said he would like, and needs, a loader with a snow blower on the front to blow snow away from the runway. Using the truck berms up the sides of the runway.
Mr. Parker said currently the truck is costing the airport approximately $2,000 per year. The airport does have a small loader that works well in some areas. One option is state apportionment money that may be available at $250,000. The Federal Government would give the state a certain amount to disperse to airports to spend. What commonly happens is that airport projects fall through or bids come in cheaper than expected so the money just goes back to the state. Mr. Parker said he was told that if money does go back to the state, it could then go to Boundary County for snow removal equipment and the county would still have to match it at seven cents to the dollar. Chairman Dinning asked how many times the airport had to issue warnings or shut down due to snow. Mr. Parker said half of the winter for the last two winters. The lights get covered with snow and the berms get high. The notice to pilots just warns them about the conditions. Mr. Parker said if the snow does not get too deep, he will leave the lights on and it slowly melts the snow. Chairman Dinning said whether we plow or not, there is still the issue of the lights on the runway. Mr. Parker thought he plows approximately 20 to 30 times per year. Commissioner Pinkerton asked what the smaller grader does as you can knock the berms down with that. Mr. Parker said he also thought that, but it doesn’t work that well once the snow gets too high. The ultimate solution is to blow the snow past the lights, according to Mr. Parker. Mr. Parker said the perfect way to deal with the snow is to plow to the edges, then if we get a heavy snowfall, plow the snow to past the lights. The airport does have a small snow blower that works for the taxiways, but on the runway it will move six inches of snow at a rate of one mile per hour so that doesn’t work so well. Chairman Dinning asked if the airport has budget for this and those present reviewed airport budget information and discussed who determines the level of priority of purchases or projects for funding. Mr. Parker said Gary Gates with the FAA makes those decisions. Chairman Dinning said he would like to have time to think about this further.

Mr. Parker said there are four ground/hangar leases that are an issue. There is one new lease with Lindell Baker. Nevin Miller has a hangar that needs work as it is a pole barn, but he would like a year to pour a foundation. The Loosemore lease is coming to term and they would like to activate the nine year option. Mr. Parker said he would work on the leases.

County Civil Attorney Tevis Hull joined the meeting at 11:00 a.m.

Mr. Parker left the meeting at 11:09 a.m.

Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student, and 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. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 11:28 a.m. No action was taken.

Commissioners discussed a matter involving an opioid lawsuit with Attorney Hull.

11:29 a.m., Blue Sky Broadcasting News Reporter Mike Brown joined the meeting.

Chairman Dinning said his feeling is not to participate in the lawsuit issue.

Attorney Hull updated Commissioners on the Idaho Unified Certification Program. When federal transportation funds are given toward projects, recipients of those funds must create a Unified Certification Program as part of each recipient’s Disadvantaged Business Enterprise (DBE) program. Attorney Hull said there is a group that performs audits to make sure disadvantaged businesses, minorities, etc., have the same opportunities.

Commissioner Pinkerton moved to authorize the Chairman to sign the Statement of Agreement for the Idaho Unified Certification Program. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning asked about restitution in relation to a logging truck hitting the Naples Bridge resulting in damage. Attorney Hull said the county received all they are going to get from that incident.

Commissioner Kirby moved to sign the letter to a county employee regarding their resignation. Commissioner Pinkerton second. Motion passed unanimously.

Treasurer Sue Larson joined the meeting at 11:30 a.m.

Chairman Dinning questioned the county’s position of liability if Commissioners were to tax deed a property with a structure on it and that structure burns down. Attorney Hull said he thinks there is some authority out there to say that the county may not have liability. Attorney Hull added that his impression is that the county would have liability, but Idaho Counties Risk Management Program (ICRMP) might have a different opinion. Treasurer Larson commented the Treasurers’ Association said the county doesn’t have a liability as they are just holding the property.

Attorney Hull, Treasurer Larson and Commissioners discussed matters pertaining to the Ace Elder Care parcels.

Treasurer Larson and Attorney Hull left the meeting at 11:37 a.m.

Commissioners updated Commissioner Pinkerton on matters pertaining to the most recent meeting with Boundary Economic Development Director Dennis Weed and Kyle Meschko with Keller Associates regarding the regional sewer feasibility study. Chairman Dinning said Keller Associates shows a cost of $153,995 with another $10,000 in reserve that Commissioners have authority to say it can be spent or not. It was said that currently there is a grant totaling $60,000 and the county is ultimately responsible for approximately $94,000. Chairman Dinning said his recollection was that it was only going to cost $30,000 and he asked if that is what Commissioner Pinkerton also recalls. Chairman Dinning said he doesn’t recall hearing $94,000. Commissioner Pinkerton said he recalls $64,000 and he added that the point being it was all just a guess. The amount of $30,000 was considered to be coming from the Idaho Transportation Department. It was said there were two agencies that were certain funding sources, which is the GEM grant and United States Department of Agriculture (USDA) grant. Clerk Poston said Mr. Weed mentioned he was going to contact Burlington Northern Santa Fe and possibly other stakeholders to make funding requests. Those present said Mr. Weed had mentioned there may be an additional $23,000 from the Department of Environmental Quality. If Commissioners sign this agreement, the county is responsible for $94,000 in match in a worst case scenario and Chairman Dinning said he wanted all Commissioners to be aware of that. Chairman Dinning said Commissioners have another meeting with Mr. Weed so they can talk about this further at that time. Chairman Dinning said the county had hired Panhandle Area Council to administer all grants, but Mr. Weed indicated we are going to self-administer this grant so we need to discuss that as each grant has different reporting criteria and the Clerk is very busy right now. Clerk Poston said she had suggested that Mr. Weed obtain letters of intent for funding. Chairman Dinning said for ease and accountability, if any grant reporting needs to be done, it needs to be done by someone familiar to the process.

There being no further business, the meeting adjourned at 11:56 a.m.

***Wednesday, March 7, 2018, at 6:00 p.m., Commissioners held an educational meeting on the Idaho Open Meeting Law in the meeting room of the Bonners Ferry Armory. Jim McNall from Idaho Counties Risk Management Program (ICRMP) was invited by Commissioners to present up to date open meeting law information at this meeting, which was attended by various county advisory board members as well as water and fire district members. The meeting ended at 8:30 p.m.

There being no further business, the meeting adjourned at 8:30 p.m.

___________________________________
DAN R. DINNING, Chairman
ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk