***Monday, November 06, 2017, 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 Mary Martinez and Blue Sky Broadcasting News Reporter Mike Brown were in attendance of the meetings off and on throughout the day.

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. Mr. Kimball presented a written report.

Commissioner Pinkerton moved to amend the agenda in order to make a motion to authorize the Chairman to sign the State Disaster Cost Claim for Project Agreement #ERF121, Deep Creek Loop MP 105.27 and the Emergency Relief Fund (ERF) Agreement, ERF 129, Westside Road MP 12.0. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to authorize the Chairman to sign the Agreement for Services with Employee Relations for employment related backgrounds checks. Commissioner Pinkerton second. Motion passed unanimously.

Mr. Kimball spoke of winter work Road and Bridge is doing. Mr. Kimball explained hearing concerns regarding grading, but at this point the roads are too soft. Mr. Kimball spoke of work to include: changing culverts on Old Addie/Log Cabin Road before the weather changed, grading and clearing the rocking tree quarry in hopes to get riprap blasted for spring use. Hazard markers have been put up on Pywell Road and Mr. Kimball said he will talk to the state about the material stockpiled at Copeland Hill and the ability to use it on Pywell Road. Mr. Kimball also mentioned putting markers up on Kootenai Trail Road where there are narrow spots on the road such as the location of the two ponds located east of the four corners intersection. Tobe Road and Plato Roads have also been graded.

Mr. Kimball informed Commissioners the state conducted a random inventory check involving sampling the county’s gravel roads and everything passed. The reasons for the inspection is that state funding would be cut if it’s determined the county is not providing maintenance.

Mr. Kimball said Grouse Hill was graded.

Chairman Dinning said the Boundary Soil Conservation District’s 319 grant project pertaining to an area near Fleming Creek Road has been ranked #2. Mr. Kimball said this is a good project to partner on.

Mr. Kimball discussed emergency work on Westside Road in the area of mile post 12. This road is in the Federal Highways System and the thought was it would also be a Federal Emergency Management Agency (FEMA) project, but since FEMA is not involved, the Emergency Relief Fund (ERF) group has agreed to reimburse the county for this work. Money has already been spent and this will provide for 90% reimbursement.

Commissioner Pinkerton moved to authorize the Chairman to sign the State Disaster Cost Claim for Project Agreement #ERF121, Deep Creek Loop MP 105.27 as it is a time sensitive matter. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to authorize the Chairman to sign the Emergency Relief Fund (ERF) Agreement, ERF 129, Westside Road MP 12.0 as it is a time sensitive matter. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning said the state’s share for the Westside Road project is $7,920 and $1,694.33 for the work on Deep Creek Loop at mile post 105.27.

Chairman Dinning informed Mr. Kimball that he would like to discuss the matter involving Atkins Canyon with County Civil Attorney Tevis Hull.

9:16 a.m., Assessor Dave Ryals joined the meeting.

Mr. Kimball left the meeting at 9:16 a.m.

Assessor Ryals provided Commissioners with quotes for a new vehicle for the Assessor’s Office. Assessor Ryals said he sought four quotes and only two responses were received. Alpine Motors provided a quote for a GMC Yukon, but the cost is considerably higher than Taylor and Sons Chevrolet. Assessor Ryals added that Taylor and Sons is also providing better options on this vehicle for less money than on the prior vehicle purchased from them. Assessor Ryals recommended the quote from Taylor and Sons Chevrolet.

Commissioner Pinkerton moved to accept the quote from Taylor and Sons Chevrolet totaling $35,160.61, plus any applicable state assessed taxes and fees, for a vehicle for the Assessor’s Office. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes for the weeks of October 16, 2017, October 23, 2017, and October 30, 2017. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Dinning asked that the prior motion be amended to state the minutes of October 23, 2017, be approved subject to the county civil attorney’s review. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Kirby moved to amend his motion regarding the October 23, 2017 minutes and to move to approve the minutes from the week of October 23, 2017, pending review of the county civil attorney. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton moved to authorize the Chairman to sign the Certificates of Residency for Austin Donn, Trenton Steele and Luke Krautkremer. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning informed Commissioners that he received a letter to fully fund payment in lieu of taxes (PILT) and reauthorize Secure Rural Schools (SRS). The process is that you can go online and request to be included on the letter and the letter will then be sent to the appropriate recipient back east.

Commissioner Pinkerton moved to allow Boundary County to be a signer on the letter requesting to fully fund PILT and reauthorize SRS. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to amend the agenda in order to authorize Chairman Dinning to sign the Idaho Department of Lands Reimbursement Request form #7 for the Lower Kootenai River Watershed Restoration Project as it is a time sensitive matter. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to authorize Chairman Dinning to sign the Idaho Department of Lands Reimbursement Request form #7 for the Lower Kootenai River Watershed Restoration Project. Commissioner Kirby second. Motion passed unanimously.

9:26 a.m., County Civil Attorney Tevis Hull joined the meeting.

Attorney Hull said he has forwarded the draft release of liability form pertaining to the tire pile at the landfill so it can be sent to Solid Waste Department Superintendent Claine Skeen for his review. Attorney Hull mentioned that he is also working on an airport lease that he originally thought would be an assignment of a hangar lease, but the Airport Board would rather it be a new lease. The only issue is that it is a non-commercial lease, but it’s in a commercial business name so Attorney Hull said he has reached out to Airport Manager Dave Parker to get some clarity as you would think the lease would be a personal name.

Attorney Hull said he is almost done drafting the farm leases for T&T Farming, but he has a question regarding the airport property.

The call to Attorney Hull ended at 9:31 a.m.

Deputy Clerk Nancy Ryals joined the meeting at 9:32 a.m.

Commissioner Kirby moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Pinkerton second. Motion passed unanimously. 9:33 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton moved to deny indigent cases 2017-28 and 2018-3. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting at 9:33 a.m.

Commissioner Pinkerton 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 pubic officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Motion passed unanimously. The executive session ended at 9:47 a.m. No action was taken.

Commissioners took a 10 minute recess prior to their next meeting.

10:00 a.m., Solid Waste Department Superintendent Claine Skeen and Assistant Superintendent Eric Owen joined the meeting to provide the department report. Commissioners were presented with information pertaining to statistics on recycling. Mr. Skeen said the next thing he would like to include in his budget is an oil burner. The cost to dispose of used oil is approximately $.76 per gallon so it would be an approximate $3,000 savings. Mr. Skeen said he has four to five bales of aluminum to be hauled away and the bales weigh approximately 300 to 400 pounds so that equates to $150 to $200 per bale. Mr. Skeen said people can bring in their aluminum cans in a bag and put them in a designated area and landfill staff will go through and separate aluminum from tin.

Mr. Skeen said currently the county is putting 18 tons of garbage in the landfill per day. The last few days we have had winter weather and that has an impact on weight.

Mr. Skeen said he would like to set a public hearing on wood demolition in order to change the cost to an even number so there won’t be any cents. Rather than $8.32, Mr. Skeen suggested either $8.00 or $9.00. Mr. Skeen said he would provide more budget information at his next meeting on November 20, 2017.

Mr. Skeen said he is waiting for information from JUB engineering on the property buffer at the landfill as it pertains to adjoining landowners. Chairman Dinning informed Mr. Skeen that a neighboring property owner has scheduled a meeting to talk with Commissioners regarding landfill property borders, but thought it might be better to postpone this meeting until they hear from JUB Engineering. Mr. Skeen said he would like to log part of the property and that would be a benefit for the landfill.

The meeting with Mr. Skeen and Mr. Owen ended at 10:11 a.m.

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

Commissioners tended to administrative duties.

10:21 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the department report.

Ms. Brown reviewed statistics on the number of people on probation. The Probation Office has been staying busy, according to Ms. Brown. Recidivism is down to 4.5% and that is fantastic. Ms. Brown said the meeting room at the armory is getting a lot of use including a course on winter driving conditions hosted by Sheriff Kramer. Clerk Poston voiced thanks to Probation Office employee April Isaac for handling the scheduling of the meeting room.

The meeting with Ms. Brown ended at 10:26 a.m.

Chairman Dinning discussed a draft letter from Kootenai County regarding House Resolution 2936. It was said there is a much bigger bill that gives the state rights to manage land under certain conditions. The tribe would receive those same authorities that the state is granted. Commissioners reviewed the information. Chairman Dinning said he isn’t sure what to do at this point, but it’s just a draft. Chairman Dinning said his understanding is the other sections of the bill applies to a tribal matter. Chairman Dinning said he has to do some more research.

Commissioners tended to administrative duties.

11:00 a.m., Restorium Administrator Karlene Magee joined the meeting to give a report on Restorium matters.

Ms. Magee said in speaking to Donald Duffy with Panhandle Health District, they can help out with licensed practical nurse (LPN) coverage at the Restorium, but not until January 2018. Panhandle Health District is in the process of hiring a registered nurse currently and will keep Ms. Magee in the loop and draft a contract to sign. The Restorium’s current nurse has been out, but is looking to come back and Elaine Atkins is still on board as well. Chairman Dinning said in the future when there is a change in nursing staff at the Restorium, the county may want to look at just entering into a contract with a nurse as it may be a significant savings to the county.

Ms. Magee said there are eight Restorium residents currently on Medicaid and there is someone new that is interested in moving to the Restorium, but they are also on Medicaid. Commissioner Kirby said just because someone is on Medicaid, does that preclude Commissioners from charging them the difference. Ms. Magee said she believes the county can, but the current Restorium Admissions Agreement doesn’t state that. At this time there are four vacant rooms. Ms. Magee said she will look into building a wall for one of the office rooms.

11:06 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 11:21 a.m. No action was taken.

Ms. Magee discussed matters with Commissioners pertaining to a resident requesting to have a pet at the Restorium.

The meeting with Ms. Magee ended.

11:22 a.m., Economic Development Council (EDC) Director Dennis Weed joined the meeting to provide Commissioners with an update on EDC projects. Mr. Weed spoke of an event pertaining to education and he said that Bonners Ferry High School Principal Kevin Dinning spoke to the local school district and it went very well. At least one major manufacturing company is going to come to the high school when there is an open house and provide information on internships. That is good news for Boundary County, according to Mr. Weed.

The regional sewer feasibility study is still moving forward. Mr. Weed said he spoke to the Department of Commerce about a grant and they will grant up to $20,000 or $25,000, but he cannot apply for it until March of 2018. Mr. Weed said he got up to $60,000 from the Department of Environmental Quality (DEQ) and he will talk to each landowner about the ability to fund an amount so he will approach the local businesses and see if the county wants to contribute as well. $70,000 to $90,000 would be enough to do the study. Mr. Weed said if he can get the GEM grant and DEQ grant and funds from landowners, etc., he will see where he is at. Commissioner Kirby asked what the boundaries are for this project. Mr. Weed said he would like to keep this study to the Three Mile area so it will be kept to a small area then if people want to sign on, the boundaries can be increased. Mr. Weed said DEQ’s goal is to keep the monthly sewer cost between $45 and $55, which $45 seems to be the standard rate throughout Idaho. Commissioners and Mr. Weed discussed circumstances in which a landowner would be required to hook up to a system.

Mr. Weed said he is getting closer to a resolution or agreement between the Albertsons Corporation and a company that is interested in the old Akins Harvest Foods Building.
Mr. Weed discussed presenting Commissioners with a proposal on a tax incentive so when a manufacturer is growing or moving to the area, the county can offer an incentive. Chairman Dinning said we also wanted to look at this from the standpoint of each company is going to be different so there should be a separate agreement with each company, such as an agreement that the company would need to employ a specific number of employees, a certain pay rate, etc. Commissioners’ concerns pertained to creating competition. Mr. Weed informed Commissioners that there are certain pockets of jobs where the pay rate is higher, such as wood byproducts, Caribou Creek, and Idaho Energy Logs. The lower rates are data call centers, lower retail, etc.

Commissioners and Mr. Weed discussed matters pertaining to the Shot Show and the high cost to attend as Department of Commerce member when it supports another county instead of our own. The cost is approximately $700 to $800 as opposed to being a private party.

Mr. Weed mentioned the status of the bike and pedestrian trail and he said the committee will pay the $250 permit fee. Mr. Weed said he will work with state on the lease agreement, which he is emulating after the same agreement between the state and the landfill. The committee will look into grants for the 501©3 and pay the cost of the agreement through a grant. Mr. Weed said he would give Commissioners copies of the information and he will also talk to Darrel Kerby about options. Commissioners were in favor of that conversation.

Mr. Weed informed Commissioners that the Spokane Journal will come to Boundary County to interview Clark Fairchild and himself so the article will feature Idaho Energy Logs.

The meeting with Mr. Weed ended at 11:49 a.m.

Commissioners recessed for lunch at noon.

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

Commissioners continued their discussion of House Resolution 2936. Commissioner Pinkerton said it sounds to him like the tribe can apply for the land that has been in the reservation or adjacent to it for their management. The text just says “adjacent land” so how much adjacent land? Chairman Dinning mentioned aboriginal territory and he added that management was only for timber management. Federal forest land may be able to be treated as tribal forest land, if it’s located within or mostly within a geographical area that is principally relevant to that Idaho tribe. The Kootenai Tribe just has the 12 acre piece of property and they haven’t signed a treaty.

If it’s something the tribe says has bearing on the land, whether it’s aboriginal territory, they can apply to plan and do the forestry activity and all proceeds are treated just as if the United States did it. There is an expiration of a project, according to Chairman Dinning. It takes two years to get approval from the secretary stating the land would be a part of the tribal land and the secretary has 120 days in which to provide a response. Commissioner Pinkerton further reviewed information as it pertains to a denial. Commissioner Pinkerton said he wonders how much land this means as it’s just saying “adjoining” and it’s a fairly broad brush.

2:15 p.m., Commissioners spoke to Trail Court Administrator Karlene Behringer via telephone to discuss conflict attorney rates.

Chairman Dinning informed Ms. Behringer that Commissioners want to increase the rate that conflict attorneys are paid to $80 per hour, and he added that Commissioners think they’re being instructed by the Public Defense Commission that the county has to have a signed contract with these conflict attorneys as well. Ms. Behringer said she wonders if something has changed. Clerk Poston said she thinks the main issue is that the judicial order was signed by a judge in 1970 so there is no updated order stating what the rate is now so it still shows as $70 per hour. Ms. Behringer said that order pertains to attorneys that are not under a contractual relationship. Commissioners asked what the process was to be able to increase the rate of pay. Ms. Behringer said Commissioners just need to put what they want to do on record and she will put that on the administrative order and have Judge Haynes sign the order. Chairman Dinning said if Commissioners make a motion without an order, Boundary County can pay the rate of $80 and instruct the Clerk to pay that. Chairman Dinning mentioned that he would contact the Public Defense Commission to see if this is a new change. Clerk Poston questioned why this order has been in place since 1970, and she added that since Bonner County raised the pay to $100 it opened up a can of worms.

Commissioner Kirby moved to increase the conflict attorney rate to $80 per hour effective October 1, 2017. Commissioner Pinkerton second. Motion passed unanimously.

The call to Ms. Behringer ended.

Commissioners contacted Public Defense Commission Regional Liaison Aaron Freudenthal to discuss public defense matters.

It was said originally in Idaho judges had the ability to appoint attorneys. Mr. Freudenthal said that part of the law might have been removed when the Public Defense Commission came into existence so now an attorney has to be a part of a constitutional office or enter into a contract. It was mentioned there have been issues about this in other counties. The Public Defense Commission is working on a short contract that Mr. Freudenthal said he is sending out to most of the counties. Chairman Dinning said Boundary County has two attorneys that can be contract attorneys. One attorney did sign a contract with Boundary County and the other had been appointed in September, but they don’t have a signed contract. Chairman Dinning said in talking with this attorney, they had already gotten an email stating they need to keep track of their hours and report that information to the Public Defense Commission. Chairman Dinning said this attorney gets paid more than the contract price and now they would have to do this reporting. This process is broken, according to Chairman Dinning. Mr. Freudenthal said Chairman Dinning is not the first person to tell him that. Chairman Dinning said the potential to use this attorney a lot is there.

The call with Mr. Freudenthal ended at 2:36 p.m.

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

***Tuesday, November 7, 2017, 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.

Chairman Dinning informed Commissioners that the meeting with Patrick Murphy that was set for 9:00 a.m., was cancelled.
Commissioners are tended to administrative duties.

Commissioner Pinkerton moved to amend the day’s agenda to include signing the Agreement for Maintenance Services with Valence Wireless and Communications for the Sheriff’s Office as it is time sensitive. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to sign the Agreement for Maintenance Services with Valence Wireless and Communications for the Sheriff’s Office. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to accept the resignation of a Fair Board member. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to sign Certificates of Residency for Noah Cordle, Grace Villelli and Tina Redding. Commissioner Kirby second. Motion passed unanimously.

Attorney Tevis Hull joined the meeting at 9:27 a.m.

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

There being no further business, the meeting adjourned at 10:22 a.m.

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DAN R. DINNING, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk