Commissioners' Meeting Minutes - Week of October 26, 2020

***Monday, October 26, 2020, 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.

9:00 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 9:08 a.m. No action was taken.

Commissioners stated on their conference call line for the public that the Road and Bridge Department report was rescheduled to tomorrow at 9:30 a.m.

Commissioners tended to administrative duties.

9:30 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone.

Attorney Hull stated that the county has a ground-hangar lease agreement with All Sports Aviation LLC., and one of the issues that was brought up was a provision about not being able to sublease unless it’s requested in writing. The county has always had a statement in the leases regarding subleasing and the new lessee commented that they don’t want to have to get written permission from the county as it’s their intent to lease to whomever they want to. Attorney Hull said that is always a big concern from his standpoint, but that is his personal bias and Airport Manager Dave Parker has stated that he thinks it’s important to notify the county about subleasing, but not necessarily to get permission. Attorney Hull mentioned that he can modify the agreement to state that the lessee has to notify the airport manager within 24 hours in written format as to who is staying at the hangar as the airport manager has to notify Commissioners every six months about that same information. The lessee cannot sublet the lease to just anyone and they have to notify the airport manager if they allow an airplane to be housed in a hangar for a period of time through the rental process. Chairman Dinning said he thought there had been concern about leasing a hangar for non-aviation use. Attorney Hull said the use has to be aviation related and he recalls that statement being in the lease.

Attorney Hull spoke of needing to finish up the Addressing Ordinance and Planning and Zoning Administrator Clare Marley working on the ordinance for the zone map amendment as it pertains to the Jelinek application.

The call to Attorney Hull ended at 9:40 a.m.

Commissioner Cossairt moved to sign the Airport Hangar/Ground Lease with Northern Air, Inc. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes of September 28 & 29, 2020 and October 12 & 13, 2020 and October 19 & 20, 2020. Commissioner Cossairt second. Motion passed unanimously.

10:00 a.m., Commissioners discussed matters pertaining to COVID-19. The county’s declaration is to end tomorrow on October 27th, but Commissioners will amend the declaration that will extend it to December 31, 2020 at 11:59 p.m.
Commissioner Kirby moved to extend the Disaster Emergency Declaration pertaining to the Coronavirus (COVID-19) until December 31, 2020 at 11:59 p.m. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the amended Disaster Emergency Declaration pertaining to the Coronavirus (COVID-19). Commissioner Kirby second. Motion passed unanimously.

Commissioners discussed the status of COVID-19 in Boundary County. Commissioner Cossairt said he doesn’t want to make wearing a mask mandatory, but he wants to strongly encourage people to wear them. Commissioner Kirby said a mandate is too controversial so he doesn’t want a mask mandate. Chairman Dinning discussed the lack of being able to provide enforcement and added that he doesn’t want to have to enforce something like that.

Governor Brad Little’s North Idaho Field Director Jake Garringer was on Commissioners’ conference call line and said Governor Little will be holding a press conference at 2:00 p.m. pacific time to address the status of COVID-19 in Idaho and the Coeur d’ Alene City Council is also holding a meeting to address mandating masks.

Mr. Garrison ended his phone call.

10:30 a.m., Steve Moyer with North Star Surveying joined the meeting.

Commissioner Cossairt moved to authorize the Chairman to sign the replat of the Mastre Subdivision at Northland Woods. Commissioner Kirby second. Motion passed unanimously.

Mr. Moyer left the meeting at 10:31 a.m.

Commissioners tended to administrative duties until their next meeting.

10:50 a.m., Extension Educator Amy Robertson joined the meeting at Commissioners’ request.

Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:59 a.m. No action was taken.

Ms. Robertson left the meeting.

11:03 a.m., Treasurer Sue Larson joined the meeting to provide a quarterly report of county accounts.

Those present reviewed information pertaining to county accounts and discussed low interest rates, concerns regarding signing CDs with Multi Bank, etc. Treasurer Larson mentioned receiving payment for yield taxes and finalizing information pertaining to Idaho Department of Lands so information she presented before is just a little different and she wanted to let Commissioners know. Treasurer Larson and Commissioners reviewed a letter from the Governor Little pertaining to taxes that will be mailed to taxpayers. Treasurer Larson said in the past letters would go out on their own, but she is going to mail the Governor’s letter with the tax notices. Those present discussed costs associated with mass mailings.

Commissioner Kirby moved to approve the Treasurer’s report dated September 30, 2020. Commissioner Cossairt second. Motion passed unanimously.

The meeting with Treasurer Larson ended at 11:25 a.m.

11:30 a.m., Attorney Andrakay Pluid joined the meeting. Commissioners contacted Attorney Linda Payne via conference call.

11:30 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 11:46 a.m.

Attorney Pluid left the meeting at 11:51 a.m.

Commissioner Kirby moved to employ Attorney Linda Payne as a public defender for Boundary County beginning November 15, 2020. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to have an amended contract drafted for Public Defender Serra Woods at a rate of $85.00 per hour in order to finish up her existing cases. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to approve the Findings and Decision for Planning and Zoning Application #20-164, the Dayton and Judy Skrivseth short plat rural subdivision, from the public hearing held on September 28, 2020. Commissioner Kirby second. Motion passed unanimously.

Commissioners stated they would continue the discussion and possible motion to sign the Stimson Lumber Special Use Permit until tomorrow at 9:00 a.m., after Chairman Dinning has had a chance to look into getting more information.

12:00 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, October 27, 2020, 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.

9:00 a.m., Commissioners opened their conference call line temporarily to inform anyone from the public who might be on the line that Commissioners had no business to tend to until 9:30 a.m.

Commissioners ended the call at 9:02 a.m.

9:30 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was presented.

Ms. Nelson discussed getting ready for winter and Mr. Morris spoke of having used the salt brine at the south end of the county on McArthur Lake Road. Ms. Nelson and Commissioners reviewed the John Deere credit application as it pertains to the financial documents for the grader. Attorney Hull felt the county should opt out of the disclosure so Ms. Nelson said she would take care of that.

Commissioner Cossairt moved to sign the credit application financial documents regarding the purchase of the John Deere grader. Commissioner Kirby second. Motion passed unanimously.

Chairman Dinning informed Ms. Nelson that County Civil Attorney Hull will be contacting her about what to do for the road names of Nuthatch Lane and Muley Drive as it pertains to the affidavit from JRS Surveying.

Commissioner Kirby moved to approve the affidavit for Nuthatch Lane/Muley Drive, subject to the county civil attorney’s review. Commissioner Cossairt second. Motion passed unanimously.

Chairman Dinning commented that the matter regarding EL Internet using a utility easement is in the hands of the City of Bonners Ferry.

Ms. Nelson said Matt Hodges with Computer Arts is needed for a computer issue they have at the Road and Bridge Office for addressing. Chairman Dinning asked Commissioner Cossairt about the status of getting more power to the Courthouse. Commissioner Cossairt said there is supposed to be another electrician coming to look into that.

Those present briefly discussed working on the Road Naming Ordinance and making sure they have the document need to go with the easement for Queen View Road.

Chairman Dinning informed Ms. Nelson and Mr. Morris that Idaho is back to stage 3 as it pertains to COVID-19. Mr. Morris said most of the time Road and Bridge staff are separated. Ms. Nelson spoke of measures taken at the Road and Bridge Office to help protect against COVID-19.

Chairman Dinning asked about the ability for employees to take vacation time during the COVID-19 pandemic. Ms. Nelson said COVID-19 has not restricted Road and Bridge Department employees as far as their ability to use vacation. Commissioners and Mr. Morris discussed Road and Bridge employees going to split shifts over the winter. Chairman Dinning commented that Road and Bridge may receive more calls this winter about road condition due to the influx of new residents from out of state. Clerk Poston said for reference in year 2016 Boundary County had 5,800 registered voters and now there are 7,400.

The meeting with Mr. Morris and Ms. Nelson ended at 9:58 a.m.

10:00 a.m., Judge Rich Christensen, Judge Justin Julian, Attorney Andrakay Pluid, and Head Court Clerk Della Armstrong joined the meeting.

Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need; and Idaho Code 74-206(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 10:51 a.m.

Judge Julian, Attorney Pluid and Head Court Clerk Armstrong left the meeting.

Commissioner Kirby moved to set the rate for the public defenders at $85.00 per hour, to also approve the new conflict rate at $85.00, and to terminate the contract with Attorney Serra Woods as of and including November 6, 2020, upon the advice of the administrative judge. Commissioner Cossairt second. Motion passed unanimously.

The meeting with Judge Christensen ended at 10:55 a.m.

11:00 a.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Thursday, October 29, 2020, at 9:00 a.m., Commissioners met in special meeting with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

The purpose of the special meeting is to discuss the commitment of Road and Bridge funds toward the Ruby Creek #2 Bridge bid project, to make a motion regarding the bid results and to sign the letter to proceed with the bid acceptance. This topic is scheduled to be an action item.

9:00 a.m., Road and Bridge Department Co-Superintendent Renee Nelson joined the meeting.

Ms. Nelson stated that she has a document for Commissioners to sign pertaining to the bid for Ruby Creek #2 bridge. This project went to bid on October 27, 2020, and the apparent low bid is $886,000.00, which is over the engineer’s estimate so there will be an additional project match amount. Ms. Nelson said the Idaho Transportation Department (ITD) is reviewing the bid for justification that nothing is out of the ordinary. The Local Highway Technical Assistance Council (LHTAC) was contacted about this information and they are requesting the county’s concurrence to move forward with the apparent low bid. LHTAC feels the engineers’ estimate was accurate for this bridge and they’ve also been noticing that a lot of bids coming in are quite a bit higher in cost in general. LHTAC also feels that waiting would just result in increased prices.

Ms. Nelson informed Commissioners that initially the total price had been $1,459,824.00 and now it’s $1,877,104.00. Boundary County has paid the local match amounts of $5,000.00, $33,757.00 in match funds during the project design and in November 2019, the county paid a match deposit for construction totaling $68,394.08 so that is $107,151.08 in total for a match. With this new bid estimate, there is an additional match needed for a new total match amount of $137,779.43. The new match amount needed is $30,638.35. This information is based on construction engineering with all contingencies and matches and it raised the November totals. LHTAC says the match amount of $30,638.35 should be the maximum amount, but it could also be less. Ms. Nelson informed Commissioners that in order to move forward with the Ruby Creek #2 Bridge project, she has to say she will budget that certain amount if it’s needed.

Chairman Dinning asked about this bridge’s rating. Deep Creek #2 Bridge had to have a temporary bridge deck put on it as even Road and Bridge’s sand trucks couldn’t use it, according to Ms. Nelson. The temporary deck is on this bridge now, but there was even more that was found wrong with it during the inspection. ITD and LHTAC are willing to find the difference in the moneys for the federal aid portion. This bridge has been on the state/local list for design since year 2016. Ms. Nelson commented that she will have funds for this project. Commissioner Kirby said proceeding with the project is fine with him as Road and Bridge has the funds and Commissioner Cossairt added that they have to finish this project. Ms. Nelson said this repair is supposed to be good for 50 years and she clarified that the cost could end up being higher if they went out to rebid it again so it’s a gamble. Chairman Dinning said we have a temporary fix that meets standards, but it’s temporary and at one point the state may say that fire trucks or propane trucks can’t use it any longer. Ms. Nelson said there is no other way around this bridge.

Chairman Dinning asked if there is any accountability for the engineer’s estimate as the cost was missed by a lot. Ms. Nelson said she checked and it seems that a lot of this has to do with the amount of work that is going on and it’s driving up the price as this was not expected. Chairman Dinning said these federal aid projects can take four to five years so when budgeting for them, we should plan to over budget for them the best we can.

Commissioner Kirby moved to sign the letter to the Local Highway Technical Assistance Council stating Boundary County will agree to provide the additional match amount of $30,628.35 as requested and to go forward with bid acceptance. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Kirby asked what happens to the temporary bridge deck, such as if it can be saved for another project. Ms. Nelson said yes, the temporary bridge deck can be used somewhere else. It was said the next lowest bidder would require the county to come up with an additional $5,000.00 for the match.

The special meeting ended at 10:30 a.m.

There being no further business, the meeting adjourned at 10:30 am.

______________________________________
DAN R. DINNING, Chairman

ATTEST:

__________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Tuesday, November 3, 2020 - 16:45
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