Commissioners' Meeting Minutes - Week of October 1, 2018

***Monday, October 1, 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 Nancy Ryals.

County resident Marty Martinez and Blue Sky Broadcasting Reporter Mike Brown were in attendance of the meetings off and on throughout the day.

Ripley Comegys joined the meeting.

9:00 a.m., Road and Bridge Department Superintendent Clint Kimball and Assistant Superintendent Renee Nelson joined the meeting.

Ripley Comegys voiced his concerns and suggestions for Lions Den Road. Mr. Comegys submitted a letter to Commissioners. When the slide was repaired along the refuge, it narrowed the road along the concrete barriers and Mr. Comegys is concerned that there is a blind corner where a vehicle coming from the north could force a vehicle coming from the other direction off the road. There needs to be guardrails on Lions Den Road, according to Mr. Comegys. Mr. Comegys spoke about the road being narrow in spots. Chairman Dinning asked Mr. Kimball to take a look at it and maybe at least put signage up.

Mr. Comegys left the meeting at 9:01 a.m.

9:02 a.m., Commissioners held a bid opening for the fiscal year 2018-2019 equipment fuel supply. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Nancy Ryals, Road and Bridge Superintendent Clint Kimball, Assistant Road & Bridge Superintendent Renee Nelson, Mike Brown and Marty Martinez. The bid opening was recorded.

Dyck’s Oil and Auto was the only bidder to provide a sealed bid. The bid included a bidder’s security in the amount of $7,226.00 and a signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions. Bid information is as follows: an estimated 10,000 gallons of unleaded gasoline at a cost of $28,760.00, an estimated 40,000 gallons of ultra-low sulfur diesel #2 (dyed) at a cost of $112,640.00 and an estimated 1,000 gallons of diesel #1 (dyed) at a cost of $3,110.00 for an overall bid total of $144,510.00.

Chairman Dinning asked if the bid amount would fit the Road & Bridge budget. Commissioners asked Mr. Kimball to double check to make sure it would fit within the budget. Commissioners postponed the bid decision to allow time for Mr. Kimball to review the information and provide Commissioners with a recommendation.

Discussion was held regarding the need to designate a National Pollutant Discharge Elimination System, Notice of Intent, Storm Water Protection Act contact person with authority to sign documents for the Kootenai Trail Road Repair project.

Commissioner Pinkerton moved to designate Clint Kimball as the National Pollutant Discharge Elimination System, Notice of Intent, Storm Water Protection Act contact person with authority to sign documents for the Kootenai Trail Road-Atkins Canyon Repair project. Commissioner Kirby second. Motion passed unanimously.

Road & Bridge Superintendent Clint Kimball gave a departmental report. A written report was submitted. Mr. Kimball asked how to handle demands and paperwork for the next couple of weeks as Commissioners will be out of the office. Mr. Kimball asked if he could sign the right of way acquisition with Erv Madson. Chairman Dinning said that Commissioners need to do that. Mr. Kimball asked about change orders for projects. Chairman Dinning said Commissioners need to sign change orders. Commissioner Pinkerton said he will be in town other than the week of the 8th. Commissioners stated that there is a Commissioner meeting October 9. Commissioner Kirby stated he is out of town the week of the 21st through 27th. Commissioner Pinkerton said Commissioners still need to follow the rules, but they will be available if needed so it should not be a problem.

Discussion was held regarding proper procedure for interoffice protocol. Road and Bridge needs to get information regarding rights of way and Mr. Kimball inquired how they obtain that information. Chairman Dinning stated that a title report from a title company would provide that information. Ms. Nelson said that the title report would not show the width of the right of way so the county civil attorney is trying to review that, but the attorney may need someone who has been trained in legal descriptions to assist. Chairman Dinning said the best thing is to get title reports from a title company. Ms. Nelson inquired if Road & Bridge is to tell people that Road & Bridge can’t issue approach permits because Road & Bridge can’t determine where the right of way is. Chairman Dinning stated that the property owner probably has a title report on their property and Road & Bridge can ask the property owner for that document. Ms. Nelson inquired about how long it might take Road & Bridge to get a title report and what is the county’s liability if there is a delay. Chairman Dinning stated that it is not the county’s obligation to tell the property owner how wide the right of way is and he further stated that the county is just giving the property owner an approach permit. Mr. Kimball said that there are utilities. Regular approach permits are fairly simple, the only thing is if there is an easement on someone’s property, the county needs a way to verify that, according to Ms. Nelson. Chairman Dinning stated that verification is the property owner’s problem and most parcels are surveyed. Chairman Dinning asked if the process has been made so cumbersome that it has become almost non-functional. Chairman Dinning said when one person was handling this process, there were not these issues. Chairman Dinning asked what changed. Ms. Nelson said there are more approach permits and more areas with no surveys. Chairman Dinning stated all the county is concerned with is that the person wants to put in an approach and it meets the county standards.

County Civil Attorney Tevis Hull joined the meeting by phone. Chairman Dinning said Boundary County’s and the Road & Bridge Department’s only concern is what is going on with the county right of way as far as an approach permit. Chairman Dinning asked Attorney Hull if the county needs to be concerned if the property owner has an easement. Attorney Hull said that there was an individual who wanted to use the county deeded right of way as access through their property but the right of way was never developed and the question was does that put a burden on the county to maintain it. It was Attorney Hull’s determination after looking at the statute that it would not burden the county to maintain the right of way. Attorney Hull stated that he also looked at whether the county has a right to vacate rights of way and he determined that the county does have that right. Chairman Dinning said that is a little different issue in that it is a county right of way that was not developed by the county. The issue is that the county is doing too much investigation on the private side. The only thing Attorney Hull said is needed is that the property owner has to show the county that they own the property in order to get an approach permit and beyond that the county doesn’t have any responsibility. Ms. Nelson talked about someone who wanted an approach permit on an easement. Attorney Hull stated that the property owner would have to show that they have the easement. Attorney Hull commented that sometimes an easement is not listed on the deed but it should be reflected in the title report. The property owner should have the title report and that should be part of the approach application, according to Attorney Hull. The county needs a document to say that person has access across that property. If the applicant doesn’t have any recorded document and they are claiming that they have a prescriptive easement, then that property owner has to go to court to get an order, according to Attorney Hull.

Ms. Nelson asked if the Road & Bridge Department can go ahead and give the applicant a permit without that order. Attorney Hull said no. The property owner cannot get a permit until they have established they have a legal right. It would not have to go to Attorney Hull for review, the applicant would have to go to court to file a suit against a property owner to get prescriptive use. It is not the county’s responsibility to do this. It is up to the property owner or easement owner to prove to the county that they have legal access before an approach permit is issued. The property owner has to provide a copy of a legal document to prove it.

Mr. Kimball asked what is the county’s level of responsibility where one person has an easement and the property is split and someone in the back doesn’t have an easement or if Road & Bridge cannot determine how to read a document correctly, what is the county’s liability? Attorney Hull said he would review it and if he can’t determine, he would just go to the title company. Attorney Hull said as far as liability it would just be on a case by case situation.

Chairman Dinning asked about the master mechanic position vacancy. Mr. Kimball said for sure the position would be vacant in January, but he is not sure when the employee will use up all of his sick and vacation time. Mr. Kimball said that it was discussed to put a replacement employee on soon as Road & Bridge is shorthanded due to employees using up vacation time. There are three mechanics at Road & Bridge. The employee who is leaving will be absent before his retirement time due to using up vacation time before he retires. There also needs to be training ahead of time, according to Mr. Kimball. Mr. Kimball stated that he has not set a start date for a new employee. Mr. Kimball said Road & Bridge wants to advertise the position vacancy immediately because they don’t know who they will get to fill the position and how much time that person might need. Commissioner Pinkerton said Commissioners talked about not hiring for the position until December.

Chairman Dinning asked Ms. Nelson for an update on Road & Bridge projects. Ms. Nelson stated that she needs the spreadsheet sent to her so she can put in the numbers and get the information to Commissioners.

Mr. Kimball and Ms. Nelson left the meeting at 9:51 a.m.

9:51 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but 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 10:02 a.m. No action was taken.

The call to Attorney Hull ended.

Commissioners reviewed and approved claims for the end of the fiscal year. Fund totals are as follows:
Current Expense $24,065.23
Road & Bridge 59,183.47
Airport 12,127.12
District Court 3,987.24
Justice Fund 75,343.83
911 Funds 36,302.34
Indigent & Charity 9,574.99
Junior College Tuition 500.00
Parks and Recreation 6,379.27
Revaluation 6,080.63
Solid Waste 20,288.56
Tort 10,143.40
Veterans Memorial 10.96
Weeds 13,472.95
Restorium 9,492.47
Snowmobile 3,000.00
Waterways 3,081.86
Grant, Selkirk Coop Weed Mgmt 23,150.02
Grant, Boat Safety 1,297.64

TOTAL $317,481.98
Trusts
Auditor’s Trust 2,137.76
Driver’s License Trust 5,445.00
Sheriff’s Trust 140.00
Odyssey Bond Trust Account 3,000.00
Odyssey Restitution Trust Account 302.86

TOTAL $11,025.62

GRAND TOTAL $328,507.60

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2017-2018).

10:12 a.m., Solid Waste Department Superintendent Claine Skeen and Chief Deputy Clerk Tracie Isaac joined the meeting.

10:12 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. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:30 a.m. No action was taken.

Chief Deputy Clerk Isaac and Mr. Skeen left the meeting.

Commissioner Pinkerton moved to sign the certificate of residency for Rachael Robinson. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to authorize the Chairman to sign Amendment # 1 of the Professional Services Contract between Boundary County and Panhandle Area Council for the IDL Grant #14COMP-LKRWR to increase the original contract in the amount of $583.20. Commissioner Kirby second. Motion passed unanimously.

10:30 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the departmental report. Ms. Brown informed Commissioners of the counts for the various programs. Ms. Brown stated that the numbers are lower, but the workload has increased. Ms. Brown informed Commissioners that the Probation Department obtained access to free preventative education online drug classes again this year. If a student gets in trouble, they may have to go through the on-line classes. Heroin use has gone down, meth use is up, and marijuana use has increased in juveniles, according to Ms. Brown. Another trend is less property crime and more violent crime. Ms. Brown said there was a small run of adults using cocaine but that trend is over now. Ms. Brown informed Commissioners that there is a new Youth Empowerment Services System (YES), which provides children’s mental health services and it raises the income limit to qualify for Medicaid so the services are covered. Chairman Dinning informed Ms. Brown that the county’s purchase of the Armory property should close the end of this month.

Ms. Brown left the meeting at 10:34 a.m.
Discussion was held regarding the 2018 Hazardous Fuels Treatment (HFT) Funding Pre-Application. Inland Forest Management is requesting $90,000 to treat more acres for the Temple Deer and Dawson projects.

Commissioner Kirby moved to approve the 2018 Hazardous Fuels Treatment (HFT) Project Proposal for the Temple Deer Dawson Project and authorize Inland Forest Management to submit the project documents to the Idaho Department of Lands on Commissioners’ behalf and to further authorize the Chairman to sign documents as needed. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton moved to adopt resolution 2018-25 a resolution to establish fire mitigation grant revenue account and expense budget due to receipt of unanticipated revenue from the Idaho Department of Lands. Commissioner Kirby second. Motion passed unanimously. Resolution 2018-25 reads as follows:

RESOLUTION 2018-25

ESTABLISH FIRE MITIGATION GRANT REVENUE ACCOUNT AND EXPENSE BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
FROM THE IDAHO DEPARTMENT OF LANDS

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2017-2018; and

WHEREAS, $220,642.57 in unanticipated grant funds has been received from the Idaho Department of Lands (IDL) for fire mitigation purposes; and

WHEREAS, $4,197.66 of the IDL grant funds received in fiscal year 2016-2017 was not spent in that fiscal year and it is appropriate to carry those funds forward into fiscal year 2017-2018; and

WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and

WHEREAS, it is appropriate to establish the Fire Mitigation Grant Revenue Budget Account Number 102-00-324-011 in the amount of $224,840.23 ($220,642.57 from revenue received in fiscal year 2017-2018 and $4,197.66 from cash carry forward from fiscal year 2016-2017); and

WHEREAS, it is appropriate to establish the Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $224,840.23 in order to pay fire mitigation grant expenses.

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

IT IS RESOLVED that the establishment of the Fire Mitigation Revenue Budget Account Number 102-00-324-011 and Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $224,840.23 is hereby authorized and ordered; and

IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

PASSED this 1st day of October 2018 to be effective September 30, 2018.

COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS

s/_______________________________
Dan R. Dinning, Chairman

s/_______________________________
LeAlan L. Pinkerton, Commissioners

s/_______________________________
Walt Kirby, Commissioner

ATTEST:

s/__________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
(Recorded as instrument #275531)

Commissioner Pinkerton moved to adopt resolution 2018-26 a resolution to establish the Selkirk Cooperative Weed Management Grant revenue account and expense budget due to receipt of unanticipated revenue from the Idaho Department of Agriculture. Commissioner Kirby second. Motion passed unanimously. Resolution 2018-26 reads as follows:
RESOLUTION 2018-26

ESTABLISH THE SELKIRK COOPERATIVE WEED MANAGEMENT GRANT REVENUE ACCOUNT AND EXPENSE BUDGET DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM THE IDAHO DEPARTMENT OF AGRICULTURE

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2017-2018; and

WHEREAS, Boundary County is a participant in the Idaho State Department of Agriculture Cost Share Program and the Selkirk Cooperative Weed Management Area, and

WHEREAS, the Selkirk Cooperative Weed Management Area has developed a plan for implementing noxious weed management projects in 2018, and

WHEREAS, the Boundary County Auditor’s Office has agreed to administer the financial portion of the plan, and

WHEREAS, upon the advice of the Boundary County Outside Auditor, a grant fund is to be established to facilitate financial administration of the plan, and

WHEREAS, $25,553.50 in unanticipated State Cost Share Funds has been received from the Idaho Department of Agriculture for that purpose, and

WHEREAS, $1,882.90 of the State Cost Share Funds received in fiscal year 2016-2017 was not spent in that fiscal year and it is appropriate to carry those funds forward into fiscal year 2017-2018; and

WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and

WHEREAS, it is appropriate to establish the Selkirk Cooperative Weed Management Grant Revenue Budget Account Number 63-00-340-00 in the amount of $27,436.40 ($25,553.50 from revenue received in fiscal year 2017-2018 and $1,882.90 from cash carry forward from fiscal year 2016-2017); and

WHEREAS, it is appropriate to establish the Selkirk Cooperative Weed Management Grant Expense Budget Account Number 63-00-709-00 in the amount of $27,436.40 in order to pay noxious weeds cost share expenses.

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

IT IS RESOLVED that the establishment of the Selkirk Cooperative Weed Management Grant Revenue Budget Account Number 63-00-340-00 and Expense Account Budget Account Number 63-00-709-00 in the amount of $27,436.40, is hereby authorized and ordered; and

IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

PASSED this 1st day of October 2018 to be effective September 30, 2018.

COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS

s/_____________________________
Dan R. Dinning, Chairman

s/_______________________________
LeAlan L. Pinkerton, Commissioner

s/_______________________________
Walt Kirby, Commissioner

ATTEST:
s/___________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
(Recorded as instrument #275532)

Chairman Dinning informed Commissioners that the Road & Bridge budget is 40 some thousand dollars to the good after all claims are paid. There is a proposed resolution to increase the Road & Bridge budget, but it is not needed. It also would not mess up anything if Commissioners do adopt the resolution. Chairman Dinning asked if the county should adopt the resolution to put the money in this year’s budget. Clerk Poston said it acknowledges a project that Road & Bridge did not have in their budget. Chairman Dinning said the anticipated cash was included in the 2018-2019 budget. Clerk Poston stated that the only thing Road & Bridge was over budget on was the salary. Commissioners stated that it doesn’t matter either way. The money was spent and it doesn’t change anything.

Commissioner Pinkerton moved to adopt resolution 2018-27 a resolution to increase Road & Bridge Budget due to receipt of unanticipated funds. Commissioner Kirby second. Motion passed unanimously. Resolution 2018-27 reads as follows:

Resolution 2018-27
INCREASE ROAD & BRIDGE BUDGET DUE TO RECEIPT OF UNANTICIPATED FUNDS

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Road & Bridge Fund for fiscal year 2017-2018, and
WHEREAS, $143,704.80 has been received from the State of Idaho, Idaho Department of Transportation as reimbursement for repairs to the Westside Federal Highways Emergency Sites, and
WHEREAS, the Road & Bridge Fund for fiscal year 2017-2018 is in need of this additional revenue, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Boundary County Road & Bridge Fund Revenue Account Number 02-00-391-018 in the amount of $143,704.80 and the Road & Bridge Expense Account Numbers as follows:
02-0470-0001, Vehicles - Fuel, Unleaded Gas, in the amount of $8,155.35
02-0485-0000, Administrative Prof. Service, in the amount of $67,143.19
02-0513-0000, Rent/Lease-Heavy Equipment, in the amount of $14,659.40
02-0638-0000, Geotextiles, in the amount of $2,684.74
02-0641-0000, Road Oil (Chip Sealing), in the amount of $1,756.80
02-0643-0000, Signs, in the amount of $1,576.31
02-0647-0000, Road Patch Material in the amount of $19,195.68
02-0659-0000, Other Road/Bridge Construction Materials, in the amount of $6,235.00
02-0670-0000, Contracts – Labor, in the amount of $22,298.33

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

IT IS RESOLVED that the increase in the Boundary County Road & Bridge Fund Revenue Account Number 02-00-391-018 in the amount of $143,704.80 and the Road & Bridge Expense Account Numbers as outlined above in the total amount of $143,704.80 is hereby authorized and ordered, and

IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

DATED this 1st day of October 2018 to be effective September 30, 2018.

COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS

s/_____________________________
Dan R. Dinning, Chairman

s/___________________________
LeAlan L. Pinkerton, Commissioner

s/_________________________________
Walt Kirby, Commissioner

ATTEST:
s/_____________________________________________________
GLENDA POSTON, Clerk of the Board of County Commissioners
(Recorded as instrument #275533)

Commissioner Pinkerton moved to adopt resolution 2019-1, a resolution to amend the schedule of starting wages. Commissioner Kirby second. Motion passed unanimously. Resolution 2019-1 reads as follows:

RESOLUTION 2019-1
AMENDED SCHEDULE OF STARTING WAGES

WHEREAS, Boundary County has reviewed its employee policy pursuant to the authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho and Title 31, Chapter 8, Idaho Code, and

WHEREAS, Boundary County is a political subdivision of the State of Idaho, operating under the provision and the laws of the State of Idaho, and as such is authorized and empowered to make decisions regarding its employees’ benefits; and

WHEREAS, the Boundary County Commissioners find it necessary to revise the Schedule of Starting Wages, and

WHEREAS, Rule 4B of the Boundary County Personnel Policy that was adopted as Resolution Number 2008-35 on September 30, 2008 allows the Board of County Commissioners to review and make adjustments to the Schedule of Starting Wages by resolution as required,

NOW, THEREFORE, be it resolved by the Board of Boundary County Commissioners that it is in the best interest of the County to amend the Schedule of Starting Wages as follows:

Law Enforcement
& Firefighters Only
Grade 10/1/2018 10/1/2018
1 8.78 8.94
2 9.25 9.42
3 9.75 9.93
4 10.26 10.45
5 10.83 11.03
6 11.40 11.62
7 12.03 12.26
8 12.70 12.94
9 13.38 13.63
10 14.13 14.40
11 14.93 15.21
12 15.76 16.06
13 16.65 16.96
14 17.58 17.92
15 18.57 18.92
16 19.63 20.00
17 20.74 21.14
18 21.92 22.34

Effective 10-1-13 $.30 per hour shift differential for 6:00 p.m. to 6:00 a.m. shift work, unless assigned that shift in job description. Holiday, sick, vacation, comp time, jury duty, and bereavement leave do not qualify for shift differential pay

*Law enforcement is defined as patrol deputies, detention deputies and courthouse security only.

THIS RESOLUTION shall be effective on October 1, 2018. PASSED AND APPROVED by the Board of County Commissioners of Boundary County, Idaho, on the 1st day of October 2018.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS

s/____________________________
Dan R. Dinning, Chairman

s/____________________________
LeAlan L. Pinkerton, Commissioner

s/____________________________
Walt Kirby, Commissioner

ATTEST:

s/___________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
(Recorded as instrument #275534)

10:45 a.m. Commissioner Kirby moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Pinkerton second. Motion passed unanimously. 10:48 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Pinkerton second. Motion passed unanimously.

Commissioner Pinkerton moved to deny indigent applications 2018-24 and 2018-25 per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

Commissioner Pinkerton moved to write off the balance of $126,290.60 on indigent account # 2008-1 as Boundary County, the Catastrophic Health Care Cost Program, the title company and the current property owner have reached a settlement agreement. Commissioner Kirby second. Motion passed unanimously.

10:49 a.m., Courthouse Maintenance John Buckley joined the meeting to give a department report. Mr. Buckley stated that he did write a list of what has been accomplished this year. A lot of air conditioning units have been installed, a lot of snow removal and lawn mowing has been done, shelving for Memorial Hall is in place, the sidewalk heave was fixed at the North Idaho College building, Armory repairs, and painting at the boat launches were among the accomplishments. Graffiti has not been bad this year, according to Mr. Buckley. At the Sheriff’s Office, work included roof repair, shelving, door repairs, and metal bunk removal. There were also repairs made to the Waterways building. Mr. Buckley reported that there was also election work and he commented that each election takes a week of time. No surplus auction was held this year.

Chairman Dinning stated that the courthouse interior entry needs painted. Mr. Buckley stated that deep cleaning and hole repair has been done and the entryway will be painted this fall along with the entryway on the bottom floor and the hallways as time allows. Chairman Dinning informed Mr. Buckley that courthouse windows on the inside and outside need to be cleaned. Chairman Dinning asked if any major projects are coming up. Mr. Buckley said that roofs are done as are parking lots. Mr. Buckley said the biggest project coming up is the Sheriff’s Office roof and he will patch areas that are leaking and Mike’s Electric will run power to the roof so some heat tape can be put in so the roof drains properly.

Mr. Buckley left the meeting at 11:10 a.m.

11:26 a.m., Economic Development Director Dennis Weed met with Commissioners to give an update on program projects. Mr. Weed informed Commissioners that the City of Moyie Springs was updated on the sewer feasibility study and he commented that the public update is still weeks away. Feedback is positive, according to Mr. Weed. Mr. Weed stated that he is going to get with Burlington Northern Santa Fe Railroad this week and will go back to the mill to try to get funding for the project. Mr. Weed said if we go ahead and build the facilities, all the dollars spent on the feasibility study will be reimbursed by the United States Department of Agriculture (USDA). If the county does not obtain other funding sources and decides to build, then the USDA will reimburse the county for the cost of the feasibility study. Chairman Dinning asked if the county can get something in writing from the USDA stating that the county will be reimbursed for the feasibility study if the project progresses to building. Mr. Weed said he will try to get it in writing.

Mr. Weed reported that the old Conoco and Taco Bell building, next to the Boundary County Middle School, sold to someone who owns many other gas stations. The building will be put back into a gas station, according to Mr. Weed. Mr. Weed further reported that he is still waiting on the final word on who is purchasing the old Harvest Foods building across the street from the courthouse.

Chairman Dinning stated that the county has a foreign trade zone and the county is going through the alternative site framework process, which is a 30-day process. There is no United States duty for products coming into the foreign trade zone from foreign countries where the product may be assembled and sent right back out to where it came from, according to Commissioner Pinkerton. Mr. Weed inquired if the foreign trade zone subzone he worked on last year went through and Commissioners responded that it did not.

Mr. Weed reported that Alta Mill is trying to get a Union Pacific railroad siding into the mill site which would take all of the trucks off the highway. They did have a Burlington Northern Santa Fe siding. Mr. Weed commented that the Moyie mill uses rail cars. Cabinet Mountain Water is no longer going to supply water for watering logs at Alta so Mr. Weed said he is working on getting water pulled out of Deep Creek for that purpose. Mr. Weed commented that Alta Mill is going through some major renovations starting next year.

Cabinet Mountain Water is going to have to increase infrastructure and put in a new well, according to Mr. Weed. Larger lines, another well and possibly another tank in the Naples area is needed which Mr. Weed thinks will cost three to four million dollars.

Mr. Weed reported that the Selkirk Pend Oreille Transit Authority (SPOT) is thinking of doing a Saturday route to Schweitzer with the SPOT bus. Ridership for the county is about 240 per month, according to Mr. Weed. Mr. Weed said the Moyie route was not used effectively so ridership on that route is on an on-call basis. Mr. Weed said a Friday and Saturday route to Schweitzer would be good since there is no school on Friday in Boundary County.

Mr. Weed left the meeting at 11:38 a.m.

Chairman Dinning informed Commissioners that he signed a reimbursement request for the fire mitigation grant last week.

The Office of Performance Evaluation sent an inquiry regarding unfunded mandates that are causing concern and Chairman Dinning and Clerk Poston put Odyssey and public defenders on the list.

Commissioners recessed for lunch at 11:47 a.m.

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 Nancy Ryals.

David Groeschl, Deputy Director and State Forester of the Department of Lands joined the meeting.
1:30 p.m., Commissioner Pinkerton moved to go into executive session pursuant to Idaho Code 74-206(1)e, to consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations. 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 2:35 p.m. No action was taken.

Mr. Groeschl left the meeting.

Commissioners signed the Independent Contractor Agreement with C.E. Kramer Crane & Contracting, Inc. for the Kootenai Trail Road Repairs.

A citizen dropped by to briefly inquire about tax deed properties.

2:46 p.m., Road & Bridge Superintendent Clint Kimball dropped by to give Commissioners a copy of the independent contractor agreement with Gary Pinch dba Tamarack Ranch for the logs on Lion’s Den Road and to pick up a copy of the independent contractor agreement with C. E. Kramer Crane & Contracting for Kootenai Trial Road repairs along with a copy of the National Pollutant Discharge Elimination System, Notice of Intent, Storm Water Protection Act contact person document for the Kootenai Trail Road-Atkins Canyon project.

Discussion was held regarding road approaches and addressing. Chairman Dinning stated that the addressing process was to be a simple process, but it is not. Chairman Dinning said as far as approaches, it should be as simple as does the applicant have a deed or an easement. Mr. Kimball inquired about the potential situation where someone splits their property and does not give the buyer an easement, but the new property owner wants an approach. Chairman Dinning stated that it is not Road & Bridge’s responsibility. Commissioner Pinkerton stated that the county is not in a position to give access to someone over someone else’s land. The county only has control over access off county right of way. Chairman Dinning said that it is not the county mapper’s responsibility to make sure it is okay. Planning and Zoning is the one to give that information. The Planning and Zoning Office was taking care of it all, but when Gary Falcon left, it got pieced out and that isn’t working. The Planning & Zoning Office needs to do it. Road & Bridge is not responsible for something that happens beyond the county right of way. Road & Bridge needs to GPS where an approach can go, but beyond that it is Planning & Zoning’s responsibility, according to Commissioners. Mr. Kimball stated that he is going to miss getting information from the county mapper. Mr. Kimball stated that there is a solution if the county wishes to comply with the roadway validation system. The state would like to know the county roads with all the rights of ways, widths, etc. Chairman Dinning stated that with the help of the title company, it can be done but it would be years to accomplish such a task. Chairman Dinning said he grew up understanding legal descriptions and he inquired if it would be beneficial for Mr. Kimball or Ms. Nelson to take a class. Mr. Kimball said he did not know.

Discussion was held regarding the 2018-2019 Road & Bridge fuel supply bid. Mr. Kimball stated that $155,000.00 was budgeted for fuel and the bid is $11,000 under that.

Commissioner Pinkerton moved to accept the bid of Dyck’s Oil & Auto in the total amount of $144,510.00 for the Road & Bridge 2018-2019 fuel supply. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning informed Mr. Kimball that after all Road & Bridge claims, Road & Bridge was $44,000 under budget so Commissioners did not need to pass the resolution to increase the budget, but they did so those funds will just go into next year’s cash.

There being no further business, the meeting adjourned at 3:17 p.m.

___________________________________
DAN R. DINNING, Chairman

ATTEST:

_________________________________________
GLENDA POSTON, Clerk
By: Nancy Ryals, Deputy Clerk

Date: 
Tuesday, October 9, 2018 - 13:15
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