***Monday, November 26, 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 other 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 provided.
County resident Jim Cowin joined the meeting at 9:06 a.m.
Those present discussed a matter Mr. Cowin had brought up during Commissioners’ meeting last week regarding a question of ownership of County Road 22C. Mr. Kimball said what he knows about County 22C is that no maintenance has been done to this road since 1997 and there are no deeds to this right-of-way. Mr. Kimball also mentioned having a tracking report from the Road and Bridge Department from year 1992. Mr. Cowin questioned the possible abandonment of County Road 22C. Mr. Cowin explained that a Commissioner at the time, who lived in the Porthill area, stood right in his living room and told him the county would not provide any maintenance to County Road 22C, but also would not abandon it. Mr. Cowin said his neighbor was upset with him for cutting down tansy weed and told him that he has a right to put a gate across the road as the county had abandoned it. Mr. Cowin said twice in his presence, past County Commissioner Plato had said the county paid the contractor to pave County Road 22C and that it was a county road. Mr. Cowin said he was there when the state inventoried that road and Mr. Brown said to the state that this was a county road. This had to be some time in the 1970’s, according to Mr. Cowin. Chairman Dinning said what they’ve found is that Mr. Kimball’s notes said this road was abandoned in 1992 so it will have to be researched. Chairman Dinning explained to Mr. Cowin that a single commissioner cannot bind the county. Mr. Cowin said a financial case was made to abandon this road and it had been written in the newspaper that Mr. Irwin was complaining about the cost of this road.
It was said this issue is between years 1970 and 1992. Mr. Cowin said he has put his own money into this road and he doesn’t want a gate on it. Chairman Dinning said Commissioners will need to go through their records. Mr. Cowin said in the contract for sale, the county commissioner at the time assured his father-in-law that it was a county road. Chairman Dinning said all Commissioners can do is research this to find information that might clarify things for them and Mr. Cowin. Mr. Kimball said the employee he has had in his department the longest has been there since 1997 and this road would’ve been abandoned in year 1992.
Mr. Cowin said the facts as he knows them, is that Commissioners, before his father-in-law made the down payment, assured him County Road 22C was a county road. When a neighbor moved next door to Mr. Cowin, Mr. Cowin said this neighbor used this road to access a piece of property and took the water from Mr. Cowin’s well. Mr. Cowin said he let this neighbor graze, etc. There had been a big ditch along the county road and Mr. Brown had informed him that someone else moved the ditch from next to the road, back 40 to 50 feet, built a big dam and water ran across the road. Mr. Cowin said he asked to have the ditch lowered and got mad at him. Two big posts were put in so he approached the new Commissioners about it. Mr. Cowin said former county employee George Thorpe had approached him as to why he was being ornery with his neighbor for blocking the road. Mr. Cowin said he has had problems. Chairman Dinning said Commissioners will do more research, but if we’re looking at over 20 years with no maintenance provided for this road, it won’t be easy to research information and get back to him quickly. Mr. Cowin informed Commissioners that his neighbor later came to apologize. Chairman Dinning said that issue is between Mr. Cowin and his neighbor. For the county’s part, based on what Mr. Kimball has so far, it sounds like the road may have been abandoned and if it has, the county has no claim to that. Mr. Cowin spoke of Bill Irwin coming to Commissioners’ Office in the past to complain about the fence that was put up and having to do with a relative of someone who worked for the county; that all of a sudden the county was providing maintenance, mentioning collusion. Mr. Cowin further mentioned Mr. Irwin taking gravel off the county road and putting it on his own road. Chairman Dinning reiterated that Commissioners would check out everything they have on record.
Mr. Cowin left the meeting at 9:27 a.m.
Mr. Kimball reviewed his department report with Commissioners. The sand trucks have been out a bit and the worst road was Ruby Creek Road. Road and Bridge is working on the Fleming Creek Road 319 Grant project. Mr. Kimball informed Commissioners that the Kootenai Trail Road Repair Project (at Atkins Canyon) is getting closer to having a road back. The project won’t be finished this year, but a constructed road will be.
Mr. Kimball said he has not yet received the documents he was hoping to have signed for the 2019 Children’s Pedestrian Safety Program application for Naples Elementary School Pedestrian Safety Improvements and the 2019 Local Strategic Initiatives Program application for Tobe Way & Plato Drive Improvements so Commissioners will put those items on the agenda for next Monday. Mr. Kimball informed Commissioners that reimbursement for the Snow Creek Bridge projects may be $7,000 short, but he is working on obtaining full reimbursement. Mr. Kimball said the Deep Creek Loop project has been inspected so that paperwork should’ve been received already. This project was done with federal funds that is administered through the state; it was an emergency relief fund (ERF) project.
Commissioner Kirby moved to authorize the Chairman to sign Deep Creek Loop MP 1.1 Repair (ERF) reimbursement document once it is received. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Kirby moved to authorize the Chairman to sign the Snow Creek Project documents when they are received. Chairman Dinning yielded the chair to second. Motion passed unanimously.
The meeting with Mr. Kimball ended at 9:40 a.m.
Commissioner Kirby moved to authorize the Chairman to sign the annual Agreement for Maintenance Services with Valence Mission Critical Technologies for the Sheriff’s Office. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Treasurer Sue Larson joined the meeting at 9:47 a.m.
Commissioner Kirby moved to deny a request for an extension of time to pay late fees and interest for delinquent year 2017 taxes for parcel RP61N01E091353A. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Kirby moved to authorize the Chairman to sign the 2019 Exhibit A, Cooperative Law Enforcement Annual Operating Plan and Financial Plan between the Boundary County Sheriff’s Office and the USDA, Forest Service Idaho Panhandle National Forest. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Kirby moved to approve the minutes of October 29 & 30, 2018. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Treasurer Larson left the meeting at 9:51 a.m.
Deputy Clerk Nancy Ryals joined the meeting at 9:52 a.m.
Deputy Clerk Ryals presented Commissioners with information she had been asked to look into regarding a matter of property with an indigent lien attached and in which one of the property owners is looking to sell. Chairman Dinning said Commissioners first need to know if there is a right-of-way in place for both parcels involved.
Deputy Clerk Ryals left the meeting at 10:00 a.m.
Commissioner Kirby moved to approve the minutes of November 5 & 6, 2018. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioners addressed two requests for new private road names as received by the Addressing Committee.
Commissioner Kirby moved to approve the recommendation of the County Addressing Committee to approve the new private road names of Woodland Drive and Choo Choo Lane. Chairman Dinning yielded the chair to second. Motion passed unanimously.
10:38 a.m., Commissioners contacted Jim Pamplin via telephone to discuss a request for assistance in dealing with a delinquent tax matter for parcel #RP61N01E184352A, in the name of Marilyn Boyenger. Mr. Pamplin discussed with Commissioners the health issues that have resulted in the late payment of taxes. Chairman Dinning said with what Idaho legislation and the State Tax Commission have in place, Commissioners have to wait until the property taxes are three years past due in which the matter becomes a tax deeding situation and at that point, the property owner could apply for a hardship exemption. The only thing Commissioners can do at this point it to accept payments. Mr. Pamplin said he didn’t want to do that. The amount due for years 2016, 2017 and 2018 is approximately $2,972.10. Commissioners said they would look into their options again as well as speak with their county civil attorney and get back to Mr. Pamplin. Chairman Dinning said it’s not that Commissioners don’t sympathize with the situation, but Idaho Code is set so Commissioners will have to get back to him.
The call to Mr. Pamplin ended.
11:00 a.m., University of Idaho Extension Educators Amy Robertson and Kate Painter joined the meeting to update Commissioners on various programs.
Treasurer Larson left the meeting at 11:00 a.m.
Ms. Painter presented a list of upcoming programs offered through the University of Idaho Extension Office. There is the Women in Ag Program and farm management programs and those interested can look into scholarships that can help offset costs. Ms. Painter spoke of having identified white rot in the Community Garden last year and the damage the spores can cause. Onions and garlic can no longer be planted in this location as the rot can stay in the soil for decades so Ms. Painter said they are trying to spread the word. The Farm to Table event was held at the fairgrounds, a forest and grazing course was taught in the Naples Fire Hall this year and that worked well. County Noxious Weeds Department Superintendent Dave Wenk also taught about weeds at the forest and grazing course. Ms. Painter said she spoke of articles on management during drought and the dangers of fall grazing due to sugars that grow. Ms. Painter also spoke of farm succession planning, experience of working with the Dillins and Houck Farms and a focus group for the local food system.
Ms. Robertson also presented Commissioners with information on courses offered. Ms. Robertson informed Commissioners that the total amount generated from animal sales at the fair was $273,000 and she listed the process of obtaining information on animals to determine they’re not diseased. Chairman Dinning spoke of the economic impact as a result of the animal purchases. Ms. Robertson said she will continue to do quality assurance regarding the animals every year.
Ms. Robertson spoke of having University of Idaho College interns this last summer and the help they provided. The Extension Office offers day camps for kids, cooking camps for kids, yoga, the Village Project, health/diabetes class, food handler’s certification, and they got to go on a short flight around Boundary County. Ms. Robertson said the Extension Office was able to receive funding through the High Five Grant to help supplement the cost of the day camps.
There are new staff members for the Friday Friends program. Participation in this program has been better than in other years. Ms. Robertson said the school district provided lunches for the kids as they also feed kids through their own program in the summer. Ms. Robertson informed Commissioners that she and Ms. Painter will be co-sponsors for the Inspire Idaho program.
11:37 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting.
The meeting with Ms. Robertson and Ms. Painter ended at 11:37 a.m.
11:37 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 12:10 a.m. No action was taken.
There being no further business, the meeting recessed until Tuesday, November 27, 2018, at 6:00 p.m.
***Tuesday, November 27, 2018, at 6:00 p.m., Commissioners and Clerk Poston attended a special meeting in the cafeteria at the Boundary County Middle School along with the City of Moyie Springs Council members, Keller Associates and Boundary Economic Development Director Dennis Weed for the purpose of holding discussion amongst themselves on the topic of the regional sewer feasibility study project.
The meeting ended at 7:30 p.m.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk