***Monday, May 13, 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.
Blue Sky Broadcasting News Reporter Mike Brown was in attendance of the meetings off and on throughout the day.
9:00 a.m., Road and Bridge Department Assistant Superintendent Renee Nelson and Road Foreman Randy Morris joined the meeting to give the department report. A written report was provided.
County Civil Attorney Tevis Hull participated in the meeting via telephone.
Ms. Nelson reviewed the department report and said last week Road and Bridge continued grading, grooming and using the Duratpatcher. Grindings were hauled to Mirror Lake Road. At the Kootenai Trail Road/Atkins Canyons project, the contractor moved in late last week to work on erosion control and other tasks. Ms. Nelson informed Commissioners that Road and Bridge employees will attend first aid training at the shop this afternoon.
Chairman Dinning informed Ms. Nelson and Mr. Morris that Commissioners aren’t sure just yet when they would advertise to fill the superintendent position.
Mr. Morris said Road and Bridge has work to do filling potholes with the Durapatcher and he spoke of McArthur Lake Road needing major repairs, adding that he hasn’t measured the damage to this road yet. Chairman Dinning asked if breakup is due to water coming up through the road surface or going down through it. Mr. Morris said both, but we do have old roads. New road sections are holding up alright. Mr. Morris added that everything needs maintenance, including chipsealing, etc.
Commissioners asked about bridge work. Ms. Nelson said we have Ruby Creek Bridge and possibly the Trout Creek Bridge that needs work. The county’s portion for match is approximately $80,000 so once the project gets to construction, there is no out of pocket money, except for match. This is for both bridges, according to Ms. Nelson. Chairman Dinning said he will need information on the bridges, such as length, costs, and size in relation to comparing costs. If the Trout Creek Bridge is a bit longer than the Caribou Creek or Snow Creek Bridges, it shouldn’t cost ten times more. Ms. Nelson said with Snow Creek and Caribou Creek Bridges, the contractor is trying to have GIS work done for engineering the project and if it all fits, engineering won’t need to be redone. Chairman Dinning stated that one of the proposals pertaining to revenue sharing did not come in and it’s not certain how that will affect the county, even with existing programs. Ms. Nelson said Ruby Creek Bridge will have a similar match to Trout Creek Bridge, but she does believe due to narrowness and rock, Ruby Creek Bridge will be a more expensive bridge.
Those present discussed Atkins Canyon. Ms. Nelson said the next set of invoices have been reviewed so funds from that project should be coming back. Ms. Nelson spoke of having been in contact with the Idaho Office of Emergency Management as it pertains to invoices for work done to Rock Creek and Turner Hill Roads and reimbursements.
Ms. Nelson spoke of dust abatement and she said in the past Road and Bridge had placed calcium chloride closer to houses, but the wind is affecting that so they may do a lighter continuous application due to weather.
County Civil Attorney Tevis Hull contacted Commissioners via telephone at 9:10 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 9:24 a.m. No action was taken.
Those present discussed the cost of grader bits and Mr. Morris said roads having a rockier base are hard on the bits. Chairman Dinning spoke of getting updated traffic counts when possible. Ms. Nelson said she is working on that system so you can look at all four years in a row for particular sections of road.
Chairman Dinning asked if Mr. Morris and Ms. Nelson had any comments or concerns. Ms. Nelson said she was concerned, but having Administrative Assistant Kenna Watson help with paperwork will help out. Commissioner Cossairt briefly discussed Road and Bridge having access to other agencies for surplus equipment.
The meeting with Mr. Morris and Ms. Nelson ended at 9:35 a.m.
Attorney Hull provided Commissioners with an update on various matters he is working on. Attorney Hull said he has reviewed the memorandum of understanding Commissioners had received from 9B Trails and responded with comments via email. Attorney Hull said he also looked through the Union Pacific Railroad paperwork. These documents list statements regarding an easement with regard to county use, maintenance and repairs once, but they don’t reference anything about ingress or egress for public use so that needs to be clarified. The documents also list road specifications and being built, at minimum, to county specifications so those are the two major things. Attorney Hull also pointed out procedures as far as the adoption of roadways so he will email information to Commissioners.
Chairman Dinning commented that Idaho Code in relation to reserve accounts was brought up last week and how it took a unanimous vote of the Board of Commissioners to expend reserve accounts. It was said that this is not a new code. Commissioners said they would email Attorney Hull the information. Attorney Hull said he’s working on other matters from last week and will contact Road and Bridge Department Assistant Superintendent Renee Nelson about the Tihonovich property easement.
The call with Attorney Hull ended at 9:40 a.m.
Commissioners discussed their plan to start requiring anyone who wants to work on county projects to have workers compensation insurance, even if they’re a sole proprietor.
Commissioner Kirby moved to require those who work on county projects to have workers compensation insurance, even if they’re a sole proprietor. Commissioner Cossairt second. Motion passed unanimously.
Chairman Dinning said IPOWER has listed the contact for Boundary County’s site as a company in another state, but Commissioners will leave that alone at this point.
Chairman Dinning commented that Commissioners had received a Notice of Intent to Apply for Federal Assistance through the United States Department of Agriculture (USDA) Rural Development for the Cabinet Mountains Water District. If Commissioners have no comments or concerns, the document states the USDA will proceed with the application process. Chairman Dinning read aloud a general support letter for Cabinet Mountains Water District that they had signed last December. Commissioners said they didn’t need to make any comment.
Commissioner Kirby moved to approve minutes of April 29 & 30, 2019. Commissioner Cossairt second. Motion passed unanimously.
Commissioners tended to administrative duties.
10:00 a.m., Commissioners held a public hearing to consider Planning and Zoning Application #19-094, for applicant Union Pacific Railroad. The application is to amend a short plat rural subdivision, Eastport Industries Subdivision. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, Jason Fanelli, Director of Real Estate for SurvWest who is representing Union Pacific Railroad, and Blue Sky Broadcasting News Reporter Mike Brown. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. No commissioner cited a conflict of interest.
Chairman Dinning listed the sections of the Land Use Ordinance that Commissioners need to consider when making a decision on this application.
The hearing was opened to public testimony and Chairman Dinning asked if there was any written material and none was provided. Commissioners asked the applicant for an opening statement. Jason Fanelli explained that Union Pacific is not trying to amend the lot line or geometry of the subdivision. There is a water well system in place that is providing water to six of the lots in this subdivision and Union Pacific is trying to vacate that water system and working with the private landowners on getting private wells established on the landowners’ properties so Union Pacific doesn’t have to provide water. That is the only change, according to Mr. Fanelli. Commissioner Cossairt asked if six wells would be drilled and Mr. Fanelli said he understands there will be three wells drilled. There are three landowners who own lots one through six and they’re working with Panhandle Health District to get approval on their wells. Mr. Fanelli said he believes there is a process of approval for wells within these properties and he understands it will be the owners digging the three wells. Chairman Dinning asked if Union Pacific is reimbursing for these costs. Mr. Fanelli said yes. Chairman Dinning asked what system is in place if the properties can’t get water. Mr. Fanelli mentioned strategically waiting as one of the property owners has been drilling for a well and they will sign once all wells are in place. Commissioners had no question.
Chairman Dinning asked for a staff report. Mr. Moss said the information supports what’s been stated by the applicant. The company staff analysis shows no overlays or hazardous areas and nothing conflicts with the ordinance, essentially because ownership of the lots and dimensions of the lots are not changing. The plat usually has to do with changing lots and utilities, but it’s changing because Union Pacific has been the provider of water, and that’s it. Chairman Dinning said one thing about the process if the application is approved, is that the final signing will not occur without written confirmation from the landowners that they’re satisfied with the wells. Mr. Moss said on the Planning and Zoning web page it shows a flow chart for handling subdivisions. It involves going to final plat and that involves what Chairman Dinning just talked about. Mr. Fanelli said he’s on board.
Chairman Dinning said he will omit the steps for accepting public comments as no one from the public is in attendance of the hearing. Mr. Fanelli did not provide a closing statement.
Commissioners closed the hearing and called for discussion amongst themselves. Commissioner Cossairt and Commissioner Kirby said the information sounds fine to them.
Commissioner Kirby moved to approve Application #19-094, with the understanding that necessary signing of the plat will not become final until Commissioners receive written confirmation from the private landowners that they are satisfied and that adequate water has been supplied to them from their own properties. Commissioner Cossairt second. Motion passed unanimously.
The hearing for Planning and Zoning Application #19-094 ended at 10:10 a.m.
10:10 a.m., Eric Lederhos joined the meeting at 10:10 a.m. Mr. Lederhos explained that he is one of the private landowners involved in hearing that was just held, but he arrived late to the hearing. Chairman Dinning updated him on final motion from the hearing.
Those present left at 10:15 a.m.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 45,144.33
Road & Bridge 46,780.20
Airport 19,892.30
District Court 7,316.51
Justice Fund 40,828.19
911 Funds 10,819.85
Health District 14,304.25
Indigent & Charity 15,731.26
Junior College Tuition 1,650.00
Parks and Recreation 3,538.16
Revaluation 1,603.71
Solid Waste 126,470.24
Tort 273.68
Veterans Memorial 123.95
Weeds 4,611.66
Restorium 22,416.34
Waterways 485.96
Grant, Boat Safety 815.19
Hospital Supplemental Levy 19,562.64
Grant, Emergency Communication 9,116.52
TOTAL $391,484.94
Trusts
Boundary Co. Drug Court Trust 148.48
Sale Tax Collected 208.84
State Unclaimed Property 241.89
Driver’s License Trust 9,732.50
Motor Vehicle Trust 187,955.48
Sheriff’s Trust Fund 571.75
Restorium Memorial Trust Fund 0.00
Odyssey Court Trust Account 22,322.75
Odyssey Bond Trust Account 1,542.25
Odyssey Restitution Trust Acct 2,523.88
TOTAL $225,247.82
GRAND TOTAL $616,732.76
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2018-2019).
Deputy Clerk Nancy Ryals joined the meeting at 10:44 a.m.
Commissioner Cossairt moved to deny indigent cases 2019-19, 2019-20 and 2019-21. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 10:50 a.m.
10:55 a.m., Airport Manager Dave Parker joined the meeting for the bid decision for airport snow removal equipment. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Airport Manager Dave Parker. The bid decision was recorded.
11:00 a.m., Commissioners stated that the bids were opened last week and the process was continued to today. T-O Engineer Trey Dail has reviewed the bids and emailed his recommendation to Commissioners. Mr. Dail has also outlined some specific concerns for Commissioners to refer to their civil counsel. The bids were publically opened on May 6th at 11:30 a.m. Two bids were received and the bid from Pape’ Machinery totaled $315,081.00 and the bid from Western States CAT was $315,800.28. These were the base bids, which also included an alternative. The engineer’s estimate for snow removal equipment was $325,000.00.
Chairman Dinning said Pape’ Machinery is the low bidder. Mr. Dail identified an irregularity in this bid in that the document pertaining to non-collusion affidavit was signed without a notary. Mr. Dail had advised county legal review of the bids and recommended Pape’ Machinery as the successful bidder if the county civil attorney felt the bid documents were sufficient, contingent on Federal Aviation Administration funding. It was said Pape’ Machinery has committed to the Disadvantaged Business Enterprises. There were also irregularities in the bid from Western States/CAT and all of the concerns were forwarded to the county civil attorney for review as well. County Civil Attorney Tevis Hull reviewed the engineer’s recommendation. It appears both bids had irregularities, but they were not fatal to the bid process. Commissioners will have the non-collusion affidavit notarized, and Commissioners stated the award is all subject to receiving funds from the FAA. Mr. Parker said it sounds good to him as he had no preference in bidders. Chairman Dinning said the county is now protected as the attorney has given his opinion.
Commissioner Kirby moved to accept the bid from Pape’ Machinery for the amount of $315,081.00, contingent on FAA funding and that the non-collusion affidavit be notarized. Commissioner Cossairt second. Motion passed unanimously.
The bid opening ended at 11:03 a.m.
Mr. Parker left the meeting.
11:10 a.m., Courthouse Maintenance John Buckley stopped by to discuss contracting for repairs to the roof of the Sheriff’s Office. Mr. Buckley said he will set up a meeting for next week. Mr. Buckley said one reason one of the bids for concrete was so low was because the bid was only for providing new concrete and pouring it; not demolition, otherwise the bids would be comparable. Those present discussed the lawn at the armory.
Mr. Buckley left at 11:15 a.m.
11:21 a.m., 9B Trails Organization member Tess Rae joined the meeting.
Chairman Dinning said Commissioners had sent the Volunteer Maintenance Agreement to County Civil Attorney Tevis Hull who replied with four suggested changes. Chairman Dinning commented that Attorney Hull’s suggestion was to forward his comments to 9B Trail member and attorney Eric Anderson for updates. Commissioners will also need to receive a comment letter from the county’s Park and Recreation Board. Chairman Dinning said there may be some confusion with other entities and that the county is fine with trails proposed for county property and the other portion can occur later. Once the agreement is worked out between the two attorneys, Commissioners can take it from there. It’s just a matter of process, according to Chairman Dinning. Ms. Rae asked if she had permission to seek funding in the meantime. Chairman Dinning said as a separate organization 9B Trails can do what they want, but it might be best to wait until the agreement is signed. It was said the City of Bonners Ferry feels the county should provide a formal approval before signing on to the project. Chairman Dinning said Commissioners haven’t given formal approval just yet.
Commissioner Kirby moved to approve and sign the Volunteer Maintenance Agreement/Memorandum of Understanding subject to attorney review and receipt of recommendation from the Parks and Recreation Board. Commissioner Cossairt second. Motion passed unanimously.
The meeting ended at 11:30 a.m.
Commissioners recessed for lunch at 11:40 a.m.
1:30 p.m., Commissioners met 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 Manager Mike Meier joined the meeting to discuss his retirement from the Emergency Manager position. Mr. Meier provided Commissioners with his suggestion of how the position of emergency manager and public information officer should flow and they discussed how public information notices should be provided in writing by the source to avoid any misinterpretations. Mr. Meier said between both positions it is a large workload. Those present discussed interoperable communications between the agencies.
Commissioners thanked Mr. Meier for his time as emergency services director.
Commissioners suggested Mr. Meier complete work on updating the Emergency Operations Plan. Chairman Dinning said he saw repeated statements throughout the plan. Mr. Meier said some of that verbiage has to be in there.
The meeting with Mr. Meier ended at 1:54 p.m.
Commissioner Cossairt moved to sign the Certificate of Residency for Brandon Beckle. Commissioner Kirby second. Motion passed unanimously.
2:30 p.m., Panhandle Health District Director Lora Whalen and Financial Director Christine Crummer joined the meeting to review proposed fiscal year 2020 budget for the Panhandle Health District
Ms. Whalen informed Commissioners that Panhandle Health District is not requesting a funding increase for this next budget and that the budget presentation for the Health District will be on May 23, 2019. Commissioner Kirby’s reappointment for the Panhandle Health District Board is also coming up soon as his five year term has almost expired. Ms. Whalen explained that the Panhandle Health District is a partnership between the state and local government, grants, contracts and fees. The Panhandle Health District became accredited this last year, which is a big deal, according to Ms. Whalen. The District has physical health and environmental health sides to it as well as an epidemic side and the rules primarily come from the Department of Environmental Quality (DEQ) and is delegated by them through a memorandum of understanding. The food aspect is delegated by the state for food safety inspections.
Those present reviewed documents handed out by Ms. Whalen at the beginning of the meeting. Ms. Whalen spoke of having a response rule, working with the County’s Emergency Manager, and being available 24 hours per day, seven days per week. Panhandle Health District’s goals are prevention and protection of the environment as well as working on safety inspections, landfill matters, planning, etc. Recently the Panhandle Health District eliminated the building permit review fee. According to Ms. Whalen. Ms. Whalen spoke of land development, sewage and mitigating health hazards.
Ms. Whalen reviewed health issue preventions, immunizations, etc., and she said there were 49 deaths in Idaho from the flu this year.
Ms. Whalen said a replacement has been hired for Richard Armstrong at the Department of Health and Welfare. Medicaid expansion passed legislature this year and those present discussed the difference in statistics pertaining to Medicaid expansion. One county is showing almost $1,000,000 in additional costs due to the expansion, according to Chairman Dinning. Chairman Dinning said there is starting to be so much information out there about Medicaid expansion and nobody has confidence in it. The fear going forward is that the county is going to have to pay the costs. The indigent program will be done away with and legislature will place the burden of new enrollees on the county, according to Chairman Dinning. We need to come to a consensus. Ms. Whalen said we need to get a year in under our belt and she added that she will forward Chairman Dinning’s comments when she has her meeting with the Department of Health and Welfare. Ms. Whalen informed Commissioners of the millennium fund and behavioral health funds.
Ms. Whalen spoke of having conducted a community health survey for access to care, substance abuse, as well as having attended a symposium on opioids. One statistic is a program for a prescription monitoring system. Statistics will show a steadying out of the trend for opioid prescriptions, but the only county not leveling out is Boundary County as it has experienced a slight trend up.
Ms. Whalen updated Commissioners on suicide and prevention. There were 50 deaths in year 2017 and 61 deaths in year 2018. In Boundary County there were four deaths from suicide in year 2017, three deaths in year 2018 and there has been one death in this first quarter of year 2019. Ms. Whalen spoke of the importance of gun safety.
Chairman Dinning said one question that may come up is if the Panhandle Health District is getting outside of their role as a health district. Ms. Whalen said the Health District focuses on disease, etc., and they don’t take a contract that doesn’t help the public and prevent some sort of public health issue. There are issues that Panhandle Health District is asked to be involved in, drug issues being one of them. Ms. Whalen mentioned that a lot of programs Panhandle Health District is involved in are programs they’ve been doing for years.
Ms. Whalen reiterated that the health district is not asking for an increase from the counties. There will be a shift and Boundary County will experience a decrease. Kootenai County will take the brunt of an increase due to population.
Clerk Poston asked about child immunizations versus adults. Ms. Whalen reviewed services provided and statistics for Boundary County and discussed food service courses. A lot of the courses are held in Kootenai County so if a resident of Boundary County attends a course in Kootenai County, it would show up as a number for Kootenai County.
Clerk Poston asked about measles. Ms. Whalen said there are no cases in Idaho. There has been an investigation for measles in District 5. There are 74 cases of measles in Clark County and one case in King County, Washington. There are over 700 cases of measles in the United States overall. Measles had been eradicated in the United States so these cases have come from outside of this country. Ms. Whalen spoke of immunizations and working with schools and tracking statistics.
Ms. Crummer reviewed the state funding requirements for the health district. The state has appropriated $9,632,000.00 for all of Idaho’s seven districts with $1,289,200.00 marked for District 1. The Health District is not looking for an increase, but if they were looking for an approximate 3% increase, it would generate $21,000 in state funding. Chairman Dinning questioned if financial needs for the county will still be met if no increase is requested. Ms. Whalen said yes and she added that for every dollar the county does not pay, it costs the Health District $.60 as the state will not match funding by $.60.
Ms. Crummer resumed her review of county funding and stated that 70% of funding is based on population and 30% is based on taxable market value for assessment purposes. Ms. Crummer explained the calculation of what the counties are assessed and commented that appropriations will decrease by $2,125.00 because of the shift and Kootenai County will bear the brunt of that shift. Page 8 of the financial information shows the history of increase percentages requested and in years 2012, 2019 and 2020 a zero percent increase was requested. Those present reviewed the proposed fiscal year 2020 budget. The increase is due to contracts received. The Governor has requested a 3% increase based on merit for personnel. Ms. Crummer spoke of premium holidays and insurance matters for Panhandle Health District employees.
In the packet of information provided to Commissioners, it shows 34% of the budget was generated by fees, 45% is contract revenue, 10% is state funding, 9% is county funding, etc. Panhandle Health District has two loans totaling $3,200,000.00. The District Board has restricted funds from the sale of the Sandpoint and Kellogg buildings and the District won’t take out any more loans until the $3,200,000.00 is paid off. Ms. Whalen said the District Board likes to have a reserve of funds and she will approach them with a recommendation to make a payment on the Sandpoint facility.
Ms. Whalen explained that Commissioners Kirby, who is on the Panhandle Health District Board, will chair the meeting and he will be allowed to have a vote.
Commissioner Cossairt moved to appoint Boundary County Commissioner Walt Kirby as Acting Chairman at the Panhandle Health District budget meeting. Commissioner Kirby second. Motion passed unanimously.
The meeting with Ms. Whalen and Ms. Crummer ended at 3:00 p.m.
Commissioner Kirby left the meeting at 3:00 p.m.
Commissioners tended to administrative duties.
There being no further business, the meeting adjourned at 4:20 p.m.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk