***Monday, September 26, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.

Commissioners gave the opening invocation and said the Pledge of Allegiance.

9:00 a.m., Road and Bridge Department Co-Superintendent Renee Nelson joined the meeting to give the department report. A written report was provided. Those present reviewed work listed in the report.

Commissioners asked Ms. Nelson about Ruby Creek bridges #3 and #4. Ms. Nelson said Ruby Creek bridge #3 is fine as a whole new bridge was put in and there are no scour issues. Bridge #4 only had the deck replaced and there was scour so rock is needed at the abutments. Road that Bridge will have to get some work done on Bridge #4, according to Ms. Nelson.

Ms. Nelson said the Idaho Transportation Department conducted a field inspection and they looked over eight or nine county roads to make sure those roads did have work done to them and they found no deficiencies.

Ms. Nelson informed Commissioners that Pacific Steel brought up a scrap metal bin to the Road and Bridge shop at no charge and they will pay Road and Bridge $100.00 per ton for prepared metal and $75.00 per ton for unprepared metal. Pacific Steel won’t charge to pick up the bins, but Road and Bridge will need to use their forklift to load and unload the bin.

Ms. Nelson explained that the guardrail project bids were above the estimate. The apparent low bidder was $122,000.00 over estimate so the Idaho Transportation Department had to review the project and justify and locate additional funds, but there is no additional match needed from the county. There are no real alternatives that Road and Bridge could do to lower the bid and if the project was to be rebid, the concern is that costs would increase.

Commissioners asked if Road and Bridge wants the Solid Waste Department’s gooseneck trailer. Ms. Nelson said Road and Bridge would use this trailer, but she needs to look into the upcoming budget.

The meeting with Ms. Nelson ended at 9:17 a.m.

9:30 a.m., Commissioner Bertling moved to sign the Key #21994 for the guardrail project support letter to the Idaho Transportation Department. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Certificate of Residency for Justin Robinson. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the meeting minutes of September 12 & 13, 2022 and September 19 & 20, 2022. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to amend the minutes of September 5 & 6, 2022 due to a clerical error. Commissioner Bertling second. Motion passed unanimously.

Commissioner Bertling said he spoke to Gary Chaney about Mr. Chaney’s original request to abandon Crescent Road and he told him that the county would lose $4,500.00 in funding from the state for the span of a little more than one mile if Commissioners were to abandon this road. Chairman Dinning said the county had put some work into this road. Mr. Chaney was fine with that decision and said he understood, according to Commissioner Bertling.

Commissioner Cossairt moved to sign the Request for Reimbursement #24 for $16,852.77 for Airport Improvement Project #017 for the environmental assessment. Commissioner Bertling second. Motion passed unanimously.

Commissioners discussed the request to use National Opioid Settlement funds for drug court purposes. In Commissioners’ last meeting with Trail Court Administrator Karlene Behringer and Drug Court Coordinator Marilyn Miller it was mentioned there being $12,000.00 to $13,000.00 in the drug court account which could fund the coordinator position. Ms. Miller informed Commissioners that she is retiring as the current drug court coordinator. Chairman Dinning commented on how the drug court had funded $4,000.00 to send a local counseling firm to training back east. The county has approximately $12,000.00 to $13,000.00 coming from the opioid settlement notice so the amount of $5,000.00 in the drug court budget could fund the coordinator position and the amount of $12,000.00 to $13,000.00 from the opioid settlement could fund other areas.

Commissioners reviewed the proposal from TechPartner for website management services since ownership of the company has changed hands. Commissioners will renew the agreement for one year and then reassess.

10:30 a.m., County Mapper Olivia Drake and Personnel Director/Deputy Clerk Pam Barton joined the meeting to discuss billing matters for support of the ESRI and Innovate!Inc computer programs as it pertains to addressing assistance and the Enterprise system upgrade. Commissioners and Ms. Drake discussed which county funds pay these companies.

Ms. Barton and Ms. Drake left the meeting at 10:39 a.m.

Commissioners tended to administrative duties.

11:00 a.m., Restorium Administrator Karlene Magee joined the meeting to give a department report. Ms. Magee informed Commissioners that she’s just waiting for an electrician to be available to install power to the new fence gate at the Restorium. Ms. Magee said she needs to figure out what to do about the nursing position at the Restorium.

11:08 a.m., Personnel Director Pam Barton joined the meeting.

Commissioners updated Ms. Barton on the two part-time registered nurse (RN) and full-time licensed practical nurse (LPN) positions at the Restorium. Ms. Magee informed Commissioners that she recently interviewed an applicant for the RN position and those present reviewed the hours and compensation in the job description.

The meeting with Ms. Magee ended at 11:29 a.m.

The quarterly jail inspection was cancelled for today.

Ms. Barton left the meeting at 11:31 a.m.
Commissioners recessed for lunch at 11:42 a.m.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Commissioners discussed the drug court coordinator position in relation to funds received from the National Opioid Settlement Notice. Chairman Dinning said the county can use monies in the drug court fund to support the coordinator position as opposed to the opioid settlement funds at this point.

The meeting to discuss the drug court position and funding ended at 1:39 p.m.

Commissioners tended to administrative duties.

2:00 p.m., Commissioners discussed renewing the airport manager’s contract addendum after making some changes.

Commissioner Bertling moved to sign the Airport Manager’s Contract Addendum once it’s been prepared. Commissioner Cossairt second. Motion passed unanimously.

2:30 p.m., Todd Bateman with Bateman Benefits met with Commissioners to inform them of a retiree Medicare Advantage health plan he can offer through the county. Personnel Director Pam Barton and Treasurer Sue Larson also joined the meeting.

Mr. Bateman handed Commissioners a paper copy of his Power Point presentation and provided an overview of the program highlights and a summary of benefits. Mr. Bateman explained that information for year 2023 is not yet available so he will explain the program based on year 2022 information and Commissioners can learn about the group retiree plan. Mr. Bateman said there hasn’t been a lot in offering retiree products and in the group realm independent insurance agents had represented the active employees. This program is at no cost to the county for their retirees. Mr. Bateman explained that insurance carriers usually don’t cater to a small group. He approached Regence/Blue Shield and they recognize that Boundary County does not have a lot of large group employers in the county, but they could market to the city, hospital and the county. Historically, Medicare Advantage is sold nationally, but it hadn’t been sold in Boundary County. This product will make sense for people in this county.

Mr. Bateman said over the last several years he has been helping local insurance agents understand these products and this product is exclusive to Regence/Blue Shield. The good thing is that these retirees can move anywhere in the 50 states and be able to use this product. Regence/Blue Shield will agree to consider in-network benefits if the retiree moves to a place where this contracting doesn’t occur. Mr. Bateman explained terminology for Medicare Part A and Part B. An employee can either stay with the original Medicare plan with a Medigap and drug plan with three different cards and all three programs have to work together or the other side is Part C, which is more affordable than original Medicare and it groups these services together so you just have one card. Medicare Advantage bundles the benefits together and makes it attractive. If the Medicare Advantage program is chosen, Regence/Blue Shield can buy the risk. If the county likes this idea, Regence/Blue Shield puts into place a group sponsored Medicare plan and for every retiree it cuts rates in half and enhances the benefit. This program doesn’t cost the county, the county won’t have to contribute to premiums, and they won’t receive billings. Mr. Bateman said Commissioners can pass on this information to county retirees who can then reach out to him. This program is also available and retroactive to any Medicare eligible spouse and dependent of a retired county employee. The premiums are really locked in, but benefits have increased. There is no premium for the plan if the county decides not to select comprehensive dental services. If the county chooses to include comprehensive dental benefits, the premium is $16.00 per month. Chairman Dinning said for clarification, Medicare will collect a premium from each employee then send it back to Mr. Bateman. It was said this is a preferred provider option (PPO) and the retiree can go out of network for higher coinsurance, but they’re still protected by that maximum out of pocket.

Mr. Bateman explained inpatient hospital acute benefits are the greatest risk for a retiree to hit their maximum out of pocket costs, such as cancer medications like chemotherapy, kidney dialysis, and immune-suppressants. Mr. Bateman explained that in this plan there is no medical underwriting to deny coverage due to cancer, etc. There is ongoing enrollment for retirees even if there is a January 1st initial enrollment date. Commissioners asked Mr. Bateman to send them more information to look over.

The meeting with Mr. Bateman ended at 3:08 p.m.

Treasurer Larson and Ms. Barton left the meeting.

3:08 p.m., Solid Waste Department Superintendent Claine Skeen joined the meeting. Mr. Skeen asked about cell phone reimbursement when a personal phone is used for work purposes. Chairman Dinning said the reimbursement is $40.00 per month and he explained what documentation is needed.

Commissioners informed Mr. Skeen that they’re waiting to hear from Road and Bridge Co-Superintendent Renee Nelson about available budget to purchase the gooseneck trailer from the Solid Waste Department. Commissioner Cossairt said Road and Bridge is interested so the purchase is going to take place. Now it’s a matter of who is going to get the fifth wheel trailer. Mr. Skeen said he was going to take $3,500.00 from this budget. Chairman Dinning said to fill out the claim, get the payment and then issue the check at the end of the transfers.

Mr. Skeen said his department’s 2012 loader has 11,550 hours on it and the tires are starting to separate. The cost is $22,000.00 for four new tires. Commissioners are in favor of purchasing new tires and they said to order the tires now and they will be paid for in the next budget year. Mr. Skeen will keep two of the existing tires from this loader.

Chairman Dinning informed Mr. Skeen that Road and Bridge had a metal bin delivered to the Road and Bridge shop for metal disposal and Commissioners asked Mr. Skeen if it’s time to check metal prices.

3:22 p.m., Commissioner Bertling 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 Bertling “aye”. Motion passed unanimously. The executive session ended at 3:40 p.m. No action was taken.

The meeting with Mr. Skeen ended at 3:44 p.m.

Commissioner Bertling left the meeting at 3:53 p.m.

4:25 p.m., There being no further business, the meeting recessed until tomorrow at 10:00 a.m.

***Tuesday, September 27, 2022, at 10:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.

10:00 a.m., Clint Kimball with Moose Valley Farms and Chad Kimball joined the meeting to discuss a matter regarding a property split in relation to access to the state highway.

Mr. Kimball informed Commissioners that he wanted to do a parcel split to divide the Moose Valley property into two lots. Mr. Kimball mentioned that he has two water memberships and a few years ago he went through Planning and Zoning to zone his property ag/commercial and he learned he was able to split his property based on his water service. The process to split his property started last spring and he chose HMH Engineering to survey the property. Mr. Kimball said he’s been talking to the county’s Planning and Zoning Administrator and was told he needed a survey so he had one done, but the state is saying they cannot sign off on his application. Mr. Kimball said the state wants two things that are virtually not able to be accomplished by him. One issue is that Latigo Lane was permitted in 1993 as an approach to Highway 95, providing access for seven parcels, but now there are 12 to 15 parcels causing the permit to no longer be valid. Dusty Lane is another access and it has the same issues; too many subdivisions for the existing permitting to enter the state highway. To accomplish obtaining a new permit, Mr. Kimball said he would first need to get every parcel owner to sign a road maintenance agreement and he won’t be able to get that signed. Mr. Kimball said he would even try to get the approaches sanded and graded and attached to his deed so that the new owners of these parcels would agree to maintain this approach, but he learned that wouldn’t work. This is not easy to come by, especially when the first one-quarter mile is owned by someone and the remaining residents have an easement. The easement on Latigo Lane has never been properly recorded, according to Mr. Kimball. Every parcel has an easement and included is a description of 30-feet from the centerline, but it doesn’t include the entire scope of access. Mr. Kimball added that he had also been advised that those types of easements can be rescinded, but maybe a prescriptive easement can replace them.

Mr. Kimball said the state is also asking that he install illuminated turn bays, which would involve fiber optics in the right-of-way, two water systems, and phone and internet fiber and that’s not achievable. Mr. Kimball said he was advised to come before Commissioners to request a variance. Commissioners said it is more to approve the property split as opposed to a variance. Mr. Kimball said due to the state’s red flag, if he goes through the Planning and Zoning process, it would pretty much kill the project right now. Chairman Dinning said his thought is for Mr. Kimball to go through the Planning and Zoning process, get his denial, and then he would have something to appeal before Commissioners. Chairman Dinning explained that Mr. Kimball would receive a denial from Planning and Zoning and that decision could be appealed to Commissioners. Commissioner Bertling added that Mr. Kimball and Commissioners would not be bypassing the process in this case. The state wants to know the number of vehicles entering their highway, according to Mr. Kimball. The ultimate goal would be to have Latigo Lane and Dusty Lane enter the highway from one location. Mr. Kimball informed Commissioners that this property actually had its own approach to Highway 95 and he had once met with state right-of-way staff years ago and combined his approach with Dusty Lane to make one 45-foot approach. This new approach was built to the required grade and Mr. Kimball said he even surfaced it with recycled asphalt. Mr. Kimball added that it was always his intent to have a commercial approach, but years later it became a residential approach based on the state. It’s a tough thing as the staff member he worked with is no longer employed with the state. Commissioner Bertling said that doesn’t make sense as this area is zoned commercial. Mr. Kimball said if someone had to go through the Planning and Zoning application process involving Dusty Lane and Latigo Lane, he doesn’t think the state would approve the application as there is no longer an approved approach. Chairman Dinning said the state, by their action, is not allowing Mr. Kimball to divide his property even through the split fits the county’s ordinance. Mr. Kimball said any resident on Latigo Lane who wants to divide their property would be denied by the state even though the split fits the county ordinance. Chairman Dinning if Commissioners approved Mr. Kimball’s appeal, would the state have the ability to block access. Mr. Kimball said no, they don’t, but they can drag their feet and make it difficult.

Chairman Dinning said his feeling is to get a formal denial from Planning and Zoning, then Mr. Kimball can appeal that denial to Commissioners. It was said in the state’s eyes, it’s probably more of a safety and planning issue and it’s not just occurring in Boundary County as it’s also happening in Benewah County. Chad Kimball mentioned in this case, the access permit was written for a certain number of residences, but now there are more parcels. Neighboring parcels were bought by individuals and there are more residences. One resident at the end of the road wanted an address, but there were issues. Chad Kimball added that the approach is unfortunate since the phone lines were not buried deeper providing people better access. Mr. Kimball said when he first bought the lot, people walked in as the roads weren’t good back then.

Chairman Dinning said the state wanted the county to force frontage roads with development, like the construction down south off of Highway 95 where they’ve built all of those frontage roads. Chad Kimball said if the state wants to expand the highway, like in the Granite Hill area, that would encompass a frontage road. Mr. Kimball said nobody at the end of Dusty Lane or Latigo Lane has the inclination to sign a maintenance agreement as he’s been plowing those roads and sanding the approaches for a very long time. Those residents are happy and don’t want to put their name on a document. Chad Kimball said this property is no longer serving hundreds of cars a day so the hope is to split it into only two parcels when technically it could be split into 12 parcels. It would be two parcels with minimal usage.

The meeting with Clint Kimball and Chad Kimball ended at 10:23 a.m.

Commissioner Bertling left the meeting to tend to other county-related matters.

10:30 a.m., Jason Peppin and Jeremiah Johnson with the Panhandle Health District joined the meeting to inform Commissioners of a sewage compliance issue. Mr. Peppin said he wanted to make Commissioners aware of the matter and no action needs to be taken by the county. Mr. Peppin said Panhandle Health has been receiving numerous calls from interested buyers for the Gold Bar Ranch asking about the septic. The current owners have requested this property be evaluated. In 1977 this was a two-bedroom house and over the years the use has expanded to what is now a 26-unit apartment building. The request to evaluate the current system of the home and determine what system would support the use. There were no permits for the expansion, according to Mr. Peppin. This property is located down in a wetlands area and finding a long-term solution for this use will be very challenging. Mr. Peppin added that they conducted a walk around the property and discovered evidence of a failed drain field. This is a long-standing problem in the county. this is a legitimate housing complex so Panhandle Health is not making a hard line, but they wanted to bring this situation to Commissioners. Mr. Peppin said the property is for sale right now and people seem to want to make it a residence so Panhandle Health is not sure which direction this will go. Chairman Dinning said Mr. Peppin mentioned that part of the problem with large scale operations is cost. For clarification and to avoid the rumor mill Panhandle Health just wanted Commissioners to know the situation. There are quite a few violations for Idaho subsurface sewage disposal and it will be tricky to navigate. It was reiterated that Panhandle Health is not asking the county for assistance. This area has wetlands and Deep Creek. Mr. Peppin said the permit is for a two-bedroom house. Chairman Dinning said he appreciates that Panhandle Health is not just shutting the apartments down since there are 26 residents. Mr. Peppin said at some point something will have to be done and the hope is to avoid the path of enforcement.

Commissioner Cossairt asked if Panhandle Health has grants for these types of situations. Mr. Peppin said there are different funding options so it might be a good idea to put the homeowner in touch with Panhandle Health so they can inquire. Mr. Peppin said another option is a septic easement.

The meeting with Mr. Peppin and Mr. Johnson ended at 10:41 a.m.

Commissioner Cossairt moved to sign the Findings and Decision for Variance Application #9-2022 for Stolley Homes, LLC., Travis and Jessica Stolley. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioners contacted Susan Jensen with the Bonner County Public Defender Office via telephone. It was discussed and confirmed that Bonner County will take over for first appearances so Boundary County Commissioners can cancel their agreement with the attorney currently providing those services as well as the contract for conflicts.

The call to Ms. Jensen ended.

11:32 a.m., Commissioner Tim Bertling returned to the meeting.

Commissioners contacted County Civil Attorney Tevis Hull via telephone at 11:32 a.m.

Commissioner Cossairt 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 Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 11:50 a.m. No action was taken.

There being no further business, the meeting adjourned at 12:00 p.m.

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DAN R. DINNING, Chairman
Attest:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk