***Monday, September 28, 2020, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.
Chairman Dinning commented on having a time sensitive matter to discuss regarding the Coronavirus Aid, Relief and Economic Security (CARES) Act Broadband grant project and having an individual check the towers to see if the vendor is meeting megabyte levels.
Commissioner Cossairt moved to amend the agenda for today at 9:30 a.m., to add discussion with the county civil attorney related to the CARES Act Broadband grant. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize Road and Bridge Co-Superintendent Renee Nelson to register with Sourcewell for bids. Commissioner Kirby second. Motion passed unanimously.
9:02 a.m., Road and Bridge Department Co-Superintendent Renee Nelson joined the meeting to give the department report. A written report was submitted. Ms. Nelson informed Commissioners that a grader had been vandalized. The grader was parked on the Westside Road near the Trout Creek project and Road and Bridge is making sure the equipment for that project is okay. Everything taken from the equipment was done with tools, according to Ms. Nelson. Work on the project is held up until those details are worked out.
The discussion on the piggyback bid for a grader will be postponed until 2:00 p.m. this afternoon.
Ms. Nelson commented on the agreement with HMH Engineering that pertains to taking care of drainage issues and approaches on Sunrise Road. From the Road and Bridge property going south, drainage runs through the Caribou Creek Log Homes property. When the Idaho Transportation Department (ITD) did work to the highway everything was supposed to run into the ditch, but instead the drainage is running onto Sunrise Road as well as areas near Winesap and Swift Lane. Discussion was held about forming a plan of what the county can do and what other property owners need to do to direct drainage. Chairman Dinning said he sees costs of $8,000.00 for HMH’s work.
Commissioner Cossairt moved to sign the Professional Services Agreement with HMH Engineering for Sunrise Road drainage. Commissioner Kirby second. Motion passed unanimously.
Those present discussed EL Internet’s request to install fiber optics in a utility easement that runs along the county gravel pit in Moyie Springs. Ms. Nelson showed Commissioners a map depicting where the City of Bonners Ferry has their electric poles. EL Internet has requested three poles within 150 feet for fiber and the City of Bonners Ferry doesn’t have an issue. Ms. Nelson showed a survey of the county line. Chairman Dinning said he recalls this coming up before and he doesn’t see a problem if we can get this easement description fixed.
Ms. Nelson spoke of Chisholm Hill Road and said that Road Foreman Brad Barton met with the landowner and discussed areas for a turnaround for Road and Bridge trucks. The plans sound good and it’s just a matter of trying to get details lined out and fixed prior to winter.
The matter of damage caused to Lions Den Road is getting worked out, according to Ms. Nelson.
Commissioners and Ms. Nelson discussed computer programs for Planning and Zoning. The backup system is moving forward. Planning and Zoning Administrator Clare Marley asked about using the Microsoft Access Program, but not all county employees who need it have it, so she is looking into a different program. Chairman Dinning said the county could purchase the license if need be as two licenses are needed.
Those present discussed the process and steps property owners take when trying to determine proper approaches on land splits prior to submitting an application to the Planning and Zoning Office.
Ms. Nelson said the Westside Road project is going well and it’s from the Ball Creek area all the way north. Ms. Nelson said the hope is to improve both lanes all of the way.
The meeting with Ms. Nelson ended at 9:18 a.m.
Commissioner Kirby moved to approve the minutes of September 14 & 15, 2020. Commissioner Cossairt second. Motion passed unanimously.
Commissioners will continue the motion to adopt year end resolutions until 2:30 p.m. this afternoon.
9:30 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone.
Chairman Dinning informed Attorney Hull that the county’s gravel pit in Moyie Springs had been surveyed years ago and the City of Bonners Ferry had been given a utility easement years ago along the south line. The actual easement is about 40 to 50 feet or more north of there and this easement was recorded. EL Internet wants to put some poles down that line for broadband installation and the City of Bonner Ferry has no issues with that. Chairman Dinning said Commissioners remember asking the City to prepare a new easement, but evidently we had not gotten that taken care of so he will contact the City about that. It’s a matter of just changing the legal description; not verbiage. It’s just an addendum to the easement and changing the legal description, according to Attorney Hull.
Chairman Dinning said Kevin Lederhos with EL Internet contacted him and EL Internet is at end of one of their projects associated with the State of Idaho CARES Act Broadband Grant. There needs to be verification that EL Internet has met the requirements of this grant and Commissioners asked if that is the county’s responsibility. Attorney Hull suggested contact be made with Panhandle Area Council Grant Administrator Nancy Mabile to make sure the internet service provider has completed everything under that obligation and to see if there is any particular form for that. Chairman Dinning said he thought there had to be a physical inspection at the site and he was thinking of asking Boundary Emergency Manager/Public Information Officer Andrew O’Neel to do the inspection. Attorney Hull said as it pertains to Ms. Mabile, we just need to make sure that everything we do complies with the broadband grant.
Commissioners asked Attorney Hull about the Road Standards Ordinance that was recently adopted. It’s a matter of updating the ordinance and index and Ms. Nelson had sent Attorney Hull a draft of those updates.
Chairman Dinning briefly discussed receiving information from Perkins Coie Attorney Erica Malmen regarding the Bog Creek matter and he stated the costs are consistent with what had been conveyed over the phone. Chairman Dinning questioned there being a potential for exposure if the Forest Service loses the case so that is something Commissioners may want to find out about. Chairman Dinning said he thought there was no exposure if involved as amicus. Attorney Hull said that is correct. Chairman Dinning replied that Attorney Malmen had suggested the county join as a party to the suit.
The call to Attorney Hull ended at 9:35 a.m.
Commissioner Cossairt moved to approve the Certificate of Residency for Brooke Torgerson. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Contract for Law Enforcement Services with the Kootenai Tribe of Idaho for fiscal year 2020-2021. Commissioner Kirby second. Motion passed unanimously.
Chief Deputy Clerk Nancy Ryals took Deputy Clerk Michelle Rohrwasser’s place in the meeting at 9:40 a.m.
Commission Cossairt moved to sign the City-County Dispatch Agreement after it’s been reviewed by the County Civil Attorney. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the contracts for Public Defender with Rollie Watson, Serra Wood, and Bruce Green when prepared. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Contract for Retainer as Conflict Counsel and Contract for First Appearances. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to amend the prior two motions to include the contracts will be signed when reviewed by legal counsel, outside of the County Prosecutor’s Office. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Airport Manager’s Agreement with Northern Air, Inc., when approved by the County Civil Attorney. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Contract with Attorney Tom Bushnell when approved. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby moved to sign the letter of neutrality for the Forest Legacy program when it’s been prepared. Commissioner Cossairt second. Motion passed unanimously.
Commissioners adjourned to the Extension Office for a public hearing at 9:49 a.m.
Deputy Clerk Michelle Rohrwasser took over for Chief Deputy Clerk Nancy Ryals at 9:49 a.m.
10:00 a.m., Commissioners held a public hearing in the Extension Office to consider Planning and Zoning Application #20-098, a zone map amendment request by Kelly Jelinek. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Road and Bridge Department Co-Superintendent Renee Nelson, former Planning and Zoning Administrator John Moss, Dick Staples with JRS Surveying, and Applicant Kelly Jelinek. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures to be followed. Commissioners cited no conflict of interest and no one voiced any questions of the process.
Chairman Dinning reviewed the application details. The applicant is seeking to amend the county zoning map from Agriculture/Forestry with a 10 acre minimum to Commercial/Light Industrial with no minimal parcel size, in order to separate an existing storage unit business from the remainder of the applicant’s property. The applicant proposes to divide the ±22 acre parcel to create a ±1 acre parcel and a ±21 acre remainder. A separate application to permit the division of land is pending.
Mr. Staples, who is representing the applicant, said everything had been stated at the Planning and Zoning hearing.
Ms. Marley provided a detailed staff report to include referencing a section of the Comprehensive Plan, the allowed use of the storage units based on the zone they’re in, flood plain information and seeking comment from the Idaho Department of Lands as well as seeking comment from Boundary County Road and Bridge and the Idaho Transportation Department (ITD) for access and approaches.
Ms. Nelson was asked to comment on ITD and she said ITD didn’t realize that access was off a county road initially so that was clarified for them. Ms. Nelson informed Commissioners that the approach does not meet county road standards as it’s too close to the state highway. There is also another approach on this property that also doesn’t meet road standards that still may be addressed in the future. ITD requests that any future accesses be located further to the west, but these accesses have been in place since the 1990s. Ms. Nelson briefly spoke of the variance process. Ms. Marley asked Mr. Staples is there’s a description of the proposed property split as she will need that information for the ordinance. Mr. Staples provided Commissioners with the record of survey listing the legal description for both parcels.
Applicant Kelly Jelinek joined the meeting at 10:15 a.m.
Chairman Dinning opened the hearing to public testimony and asked for comment from those in favor of the application. John Moss explained his involvement in the process in that three or four years ago Ms. Jelinek requested the ability to split off the storage units, but being that it’s in a 10 acre zone, it appeared that she couldn’t split the property. Ms. Jelinek later applied for a zone change to commercial/light industrial, which doesn’t compromise the agriculture/forestry zone of 10 acres.
No one spoke uncommitted or opposed to the application.
Commissioners closed the hearing to public testimony. If this application is approved, the property will be rezoned. There is a survey. Mr. Staples said he would provide a legal description and will do a survey when the property is split. Then they will deal with an approach variance.
Ms. Marley stated that the first step is the legal description. Mr. Staples asked about a time line when applying for the property split.
Commissioner Cossairt moved to approve Planning and Zoning Application #20-098 for a zone change to commercial/light industrial. The motion died for lack of a second.
Commissioner Cossairt moved to approve the request to amend the official zoning map to rezone ±1 acre from Agriculture/Forestry to Commercial/Light Industrial, File #20-098, and direct staff to prepare written findings and decision and a draft ordinance to amend the zoning map, finding that the proposal is in accordance with the Comprehensive Plan and the criteria of Section 18 of the Boundary County Zoning and Subdivision Ordinance. Commissioner Kirby second. Motion passed unanimously.
The hearing to consider Planning and Zoning Application #20-098 ended at 10:25 a.m.
Commissioners recessed until their next public hearing scheduled for 11:00 a.m.
11:00 a.m., Commissioners held a public hearing in the Extension Office to consider Planning and Zoning Application #20-164, for a short plat rural subdivision requested by Dayton Skrivseth. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Road and Bridge Department Co-Superintendent Renee Nelson, North Bench Fire Department Chief Gus Jackson, Dick Staples with JRS Surveying, and Applicant Dayton Skrivseth. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures to be followed. Commissioners cited no conflict of interest and no one voiced any questions of the process.
Chairman Dinning reviewed the application details. The applicants, Dayton and Judy Skrivseth, are seeking preliminary plat approval for the division of two parcels of 8.869 acres and 6.02 acres into eight lots ranging in size from 1 acre to 3.46 acres. The site is zoned Suburban, which permits 1-acre lot size minimums where either community water or sewer is provided and 2.5 acres where neither community water nor sewer is available. The application indicates the water source is 3 Mile and the sewage disposal will be by septic/drain field. Rural subdivision plats are short plats of residential development that meet or exceed the density of the zoning district. Roads are to be built to county standards if public. Section 11.3.6.1., of the Boundary County Zoning and Subdivision Ordinance sets private road standards as to width and slope and allows a waiver to width and slope if four or fewer lots are proposed.
Ms. Marley provided a detailed staff report to include referencing access issues, water to be provided by 3 Mile Water District and fire protection by North Bench Fire Department. Ms. Marley commented that each lot has to be one acre or larger. Draft conditions of approval were listed.
Chairman Dinning commented on County Road Standards not applying to private roads. Ms. Nelson mentioned needing to address approaches, but beyond that the homeowner would be on their own. Chairman Dinning asked if there had been any discussion about a will-serve letter for water and Ms. Marley said no, but Mr. Staples can clarify that during discussion. Ms. Nelson inquired about access to lot 1 and she asked if it’s through Lot 2 or 3 or is it an easement through lot 1? Lot 2 has an existing address and Mr. Skrivseth would like to keep that for the smaller lot and the cabin. The address of 1410 is an existing driveway address and it’s another access that would need a variance.
Mr. Staples, representing Mr. & Ms. Skrivseth, gave an opening statement. Mr. Staples said he’s talked to the property owner’s representative about water and needing a will-serve letter. 3-Mile is not willing to provide a will-serve letter until the final plat is recorded. Mr. Staples added that he will attend the 3-Mile Water District’s board meeting. Mr. Skrivseth said he spoke with Scott Brown with Sewell Engineering about a will-serve letter and Mr. Brown said it was in process. The intent is for lot 1 to be served by that access. Chairman Dinning said Commissioners hope to address the Road Standards tomorrow. Mr. Staples commented that the property owner is trying to preserve lot 2 and hopes to restore the old home that was built in 1910. Chairman Dinning said regarding water, can Commissioners approve the application, but require that no lot can be sold until it has water? Can a plat be approved with that condition? Mr. Skrivseth explained why he would prefer not to do that. Mr. Staples said Mr. Skrivseth will need approved water plans and will-serve letters. Ms. Marley said in terms of a plat, it does say utilities to be installed or there will be will-serve letters. It was said the county has to have a guarantee that community water is certain. Ms. Nelson said 3 Mile Water did contact her and they stated they’re only addressing and reviewing two applications per month. Mr. Skrivseth said that doesn’t mean water line extensions, it’s pertaining to new memberships. Commissioner Cossairt asked about water line extensions. Mr. Skrivseth said the water line is approved and 3-Mile Water Association is only addressing two memberships per month. Ms. Nelson asked about access to the lots and questioned if another access can be used instead of access from Roosevelt Road. Mr. Staples replied that he will have to look. That easement was to benefit the lot to the south, but he’s not sure if it was to be exclusive.
Those present discussed a condition of approval of the new private road and easement being built prior to the sale of lots for addressing. Chairman Dinning commented that the corners will be marked. Ms. Nelson asked if it’s at the cost to the developer to build the road or who is responsible to build the road afterward. Mr. Skrivseth said he would include building the road, in relation to addressing issues. Ms. Marley commented that the Board has the ability to set conditions for road completion. Chairman Dinning said other than addressing, Commissioners haven’t dealt with roads. A road off Roosevelt does have to be in place and going forward is there sufficient distance between approaches. Mr. Skrivseth mentioned the road would be built once this application is approved. Ms. Nelson said since this is a private road, we need the name proposed to be approved by Commissioners before the final plat is approved
Commissioners opened the hearing to public testimony. No one spoke in favor of the application. Speaking as uncommitted was North Bench Fire Department Chief Gus Jackson. Chief Jackson said he has a vested interest and he requests new subdivisions meet the same conditions as Harold Wedel’s subdivision as far as hydrants, widths of roads, etc. Chief Jackson referenced IDAPA Rules and the State Fire Code. Chairman Dinning explained that Boundary County has not adopted minimum lot size as they’ve chosen not to do that, but they probably need to start looking into doing that. Chairman Dinning said his recollection was that Mr. Wedel had done that voluntarily. Chief Jackson said Planning and Zoning had taken his written request and this request would be similar.
No one spoke in opposition to the application.
Commissioners asked for a closing statement. Mr. Staples said he would defer to the property owner regarding the road width. It was said the road would probably meet turnaround requirements. Chief Jackson mentioned the distance between fire hydrants as being 500 feet. It was asked if Sewell Engineering installed sufficient water lines. Mr. Staples said yes. Mr. Staples commented on fire hydrants and Chief Jackson said two hydrants should cover it. Chairman Dinning said for the applicant one hydrant would be sufficient. Chief Jackson said two hydrants will be sufficient. Chairman Dinning clarified what the county can impose, etc. Chairman Dinning said in looking at water, there appears to be that the extension will be there as well as an easement to the west. If this application is approved, the county will also need an application for a road variance to be submitted and to consider fire hydrants and the road name application. Commissioners closed the hearing to public testimony and held discussion amongst themselves. Commissioner Cossairt said the area looks to be a good place for a subdivision and he added that he has no issues.
Commissioner Kirby moved to approve the application. The motion died for lack of a second.
Commissioner Kirby moved to amend his prior motion and to approve the preliminary plat to include a waterline extension, one fire hydrant minimum, the road width and turnaround to be pioneered in, road name, appropriate easements, variance obtained for the road approach as shown on the preliminary plat, and for lot 1 to have access to the easement to the west. Commissioner Cossairt second. Motion passed unanimously.
The hearing to consider Planning and Zoning Application #20-164 ended at 11:50 a.m.
Commissioners recessed for lunch at 12:15 p.m.
1:30 p.m., Commissioners met in the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to give an update on Restorium matters. Ms. Magee updated Commissioners on matters such as the status of equipment from Bee Safe, making contact with the Board of Guardians regarding a resident and submitting the application for CARES Act funding. Clerk Poston asked Ms. Magee to let her know if the Restorium gets confirmation of an approved funding amount so the Treasurer and Clerk’s Office know what to look for in electronic funds coming in.
Ms. Magee gave Commissioners minutes from the last Restorium Board meetings.
Ms. Magee spoke of having to discharge two residents as they are beyond the level the Restorium is able to care for.
It was said the funds for the security system for the Restorium were carried forward, but the budget is another issue. The system was to come out of the capital construction line item. Clerk Poston said Commissioners could use some reserve funds for that. Ms. Magee said she was told that the vendor was having a hard time getting the product. Clerk Poston said as far as revenue, we need to finish this year and see where we are at.
The meeting with Ms. Magee and Ms. Lane ended at 1:45 p.m.
Commissioner Cossairt moved to adopt Resolution 2020-29. A resolution adopting the Solid Waste Fee Schedule for fiscal year 2020-2021. Commissioner Kirby second. The motion passed unanimously. Commissioners voted as follows:
RESOLUTION 2020-29
A RESOLUTION TO ADOPT A SOLID WASTE FEE SCHEDULE FOR FISCAL YEAR 2020-2021
WHEREAS, it is the duty of the Board of County Commissioners to maintain and operate solid waste disposal systems, and
WHEREAS, Section 31-4404, Idaho Code, authorizes the Board of Boundary County Commissioners to collect fees for the purpose of providing funds to operate and maintain solid waste disposal systems, and
WHEREAS, all households, businesses, farms and professional practices should be equitably charged solid waste fees proportional to the amount of solid waste generated,
WHEREAS, the last solid waste fee increase was initiated for fiscal year 2019-2020 and the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase solid waste fees by an amount of 4.9% for the 2020-2021 fiscal year to help fund the cost of operating the Solid Waste Department, and
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, are not required to hold a public hearing to receive public comment on a proposal to increase solid waste fees as the increase is less than (5%), and
WHEREAS, the following is an estimate of what this change may mean to a Boundary County user, and
NOW, THEREFORE, on motion duly made, seconded, and unanimously carried,
IT IS RESOLVED that the Boundary County Board of Commissioners do hereby set and establish the following solid waste collection fees in accordance with the fee schedule attached hereto and by this reference incorporated herein.
DATED AND DONE this 28th day of September, 2020.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_______________________
Dan R. Dinning, Chairman
s/_______________________
Wally Cossairt, Commissioner
s/_______________________
Walt Kirby, Commissioner
ATTEST:
s/__
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #283680
FY 2020-2021 Fee Schedule
CODE *CYY FROM __ TO
A 12 Residential, Bonners Ferry $ 132.72 $ 139.20
B 12 Residential, outside Bonners Ferry $ 158.40 $ 166.08
D 12 Service Business, Professional $ 158.40 $ 166.08
Practices & Farm Shops
E 24 Logging Contractors, Building $ 316.80 $ 332.16
F 38 Trades, Manufacturing Machine Shops $ 501.60 $ 525.92
G 38 Retail Stores, Restaurants, Bars $ 501.60 $ 525.92
H 72 Nurseries, Newspapers, Greenhouse $ 950.40 $ 996.48
I 125 Chemical Applicators, Commercial $ 1650.00 $ 1730.00 Grain & Seed Elevators, Garages and Gas Stations
J 24 Lumber Mills $ 316.80 $ 332.16
K 135 $ 1782.00 $ 1868.40
L 75 Grocery Stores & Convenience $ 990.00 $ 1038.00
M 150 Stores, and Special Categories $ 1980.00 $ 2076.00
N 450 $ 5940.00 $ 6228.00
O 4 Residential B Motels: Each Unit $ 52.80 $ 55.36
P 1.2 Residential B RV Parks: Each Unit $ 15.84 $ 16.60
Per CYY
Animal Carcasses over 100 pounds (per carcass) $ 32.48 $ 34.07
**CYY means cubic yards per year. The budgeted cost per CYY for landfill would go from $11.06 to $11.60 and per CYY for total landfill and collection costs would go from $13.20 to $13.84.
Brush/Lawn Debris - 6 yds/day at monitored sites (over 6 yds goes to landfill) Fee is .04 cents per lb.
Brush/Lawn Debris - Landfill 6 yds per day. (Over) Fee of .04 cents per lb.
Demolition/Construction Debris – For public/private party – Up to 1 yard per day is free. Excess of 1 yard per day is charged the commercial fee rate.
Garbage - Over 6 yds, Fee of .04 cents per lb.
Commercial/Public
Stumps @ .04 cents/lb. Concrete @ .06 cents/lb. Small Tires up to 22” @ $2.24 each. Lg Truck (semi) Tires @ $8.96 each. Oversized (Skidder/Tractor) @ $44.80 each.
Flip to scale - Charge by the lb. (Commercial) Wood Debris @ .04 cents/lb. Yard Debris @ .04 cents/lb. Light Demo @ .06 cents/lb. Heavy Demo @ .18 cents/lb.
2:00 p.m., Road and Bridge Department Superintendent Renee Nelson joined the meeting. Those present reviewed and compared grader details between John Deere and Western States Caterpillar (CAT) for a piggyback bid that’s being considered.
Each company has an $185,000.00 trade-in amount. The grader is owned by Road and Bridge so that is a guaranteed buyback from CAT. Cat would take the grader back for $185,000.00. John Deere doesn’t want the equipment back, but they will put a trade-in toward the machine. CAT shows the amount financed, not less $185,000.00 to start with, but they will automatically apply the amount to the first payment. John Deere shows the purchase amount less $185,000.00 for an amount financed of $127,500.00. Chairman Dinning said CAT shows a purchase amount of $309,000 less a trade-in amount, which would be $124,000.00. The financed amount with John Deere is $127,500.00. That is a difference of approximately $3,800.00. Ms. Nelson said with CAT there are $400.00 in document fees and John Deere doesn’t have document fees for government loans so there is a $400.00 difference there. The first annual payment for CAT is $26,303.41 and John Deere’s payment is $26,373.47 so that’s a $70.00 difference. At the end of five years the county owes $1.00 or owns the grader outright. Then the county has to consider interest rates. CAT’s rate is 2.99% and John Deere’s rate is 1.7%, which is $4,368.35. That is a savings in interest totaling $3,049.55 going with John Deere. The buyback is the biggest difference. The guaranteed buyback for the owned grader is $195,000.00 through CAT and $219,000.00 through John Deere. At the end of five years that is not only the county’s equity, but the cash value of the machine if there is a trade-in on another machine. That’s a difference of $24,000.00. Those present reviewed the differences between CAT and John Deere as follows: $3,800.00 in purchase price, $3,049.00 in interest rate, $70.00 difference in the annual payment amount, $400.00 in document fee for CAT, but not for John Deere, and a difference of $24,000.00 for the buyback. It was asked if the decision can be based off the buyback. Chairman Dinning said according to what he understands, yes but he would like to hear that from the county’s civil attorney. Chairman Dinning said the only thing of concern was mileage for maintenance. Ms. Nelson mentioned the company can write a letter saying cost for mileage is covered and state in the finance document that mileage for maintenance and the hourly rate are covered. Ms. Nelson said the only thing she can see is that this scenario would be a little different if Road and Bridge didn’t own the grader and have equity. If we’re going case by case, and if the county had no equity at the end of five years, you would want $195,000.00 as that is the balloon payment. The grader that is getting returned has been on a seven year lease, according to Ms. Nelson.
Ms. Nelson and Clerk Poston reviewed budget. Ms. Nelson said CAT’s offer without going through Sourcewell is $315,000.00 to $317,000, which is the figure using the General Services Administration (GSA).
Commissioner Kirby moved to approve the piggyback bid for a 772GP John Deere Motor Grader through John Deere for a purchase price of $312,500.00 and a guaranteed buyback of $219,000.00, subject to the County Civil Attorney’s review. Commissioner Cossairt second. Motion passed unanimously.
Ms. Nelson said it will take 45 days for John Deere to provide the grader, but they will provide a loaner.
There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, September 29, 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.
Commissioner Kirby moved to sign the Findings and Decision for the amendments to the Boundary County Road Standards Ordinance. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Ordinance 2020-2. An ordinance amending the Boundary County Road Standards Ordinance. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. Ordinance 2020-2 reads as follows:
ORDINANCE NO. 2020-2
BOUNDARY COUNTY ROAD STANDARDS
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY BY PROVIDING FOR THE ADOPTION OF THE ROAD STANDARDS MANUAL, ALLOWING FURTHER AMENDMENTS TO THE ROAD STANDARDS MANUAL TO BE AMENDED BY RESOLUTION; ESTABLISHING DEFINITIONS; PROVIDING FOR UTILITY CONSTRUCTION PERMITS AND STANDARDS; PROVIDING FOR APPROACH PERMITS AND STANDARDS; PROVIDING STANDARDS FOR NEW ROAD CONSTRUCTION; PROVIDING STANDARDS FOR MAILBOXES AND NEWSPAPER DELIVERY BOXES; AND PROVIDING FOR VARIANCES.
WHEREAS, Boundary County Commissioners desire to establish certain standards for roads prior to their adoption into the Boundary County transportation system; and
WHEREAS, Title 40, Chapter 6, Idaho Code, establishes authority granting the Board of Boundary County Commissioners to develop policies regarding highway matters within Boundary County; and
WHEREAS, The Board of Boundary County Commissioners desire to allow further amendments of the Road Standards Manual to be amended by resolution; and
WHEREAS, Boundary County Commissioners did hold public hearing on September 22, 2020, to address an amendment to Boundary County Ordinance 2007-05 allowing for a process to consider variances of the Ordinance as stated below as Section 6; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Boundary County Commissioners of Boundary County, Idaho, that the attached Boundary County Road Standards Manual be adopted as an Ordinance of Boundary County; and further
That the provisions of this Ordinance are hereby declared individually severable; Should any provision of this Ordinance be declared invalid by a Court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions; and further
That the provisions of this Ordinance may in the future be amended by resolution; and
Further
That this Ordinance shall be in full force and effect upon its passage and publication in
one (1) issue of the Bonners Ferry Herald Newspaper.
Regularly passed and adopted, this 29 day of September, 2020.
Chairman Dinning, “aye”
Commissioner Cossairt, “aye”
Commissioner Kirby, “aye”
BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/__________________________
DAN R. DINNING, Chairman
s/____________________________
WALLY COSSAIRT, Commissioner
s/_____________________________
WALT KIRBY, Commissioner
Attest:
s/_____________________________
GLENDA POSTON, Clerk
Recorded as instrument #283624
Clerk’s Note: See original Ordinance #2020-2 in the Clerk’s Office for the attachment.
9:31 a.m., Boundary County Emergency Manager Andrew O’Neel joined the meeting.
Mr. O’Neel explained that the purpose of his meeting is to look at the Emergency Management Performance Grant (EMPG) COVID-19 supplemental for year 2020. The State of Idaho has not yet sent guidance for this grant and it’s not yet in the grant management system so he can’t put together an application. Mr. O’Neel said he worked with Clerk Poston on how to divide funding streams and he added that he initially thought the supplemental grant was looking forward, but it’s actually looking back at expenses from January 27, 2020 and forward is what this grant will pay for. It’s a two year period so starting from January 27, 2020, all of the emergency manager’s salary and benefits can be funded by the supplemental grant. Mr. O’Neel said for this current fiscal year the normal EMPG grant will pay for October, November, December, and January and the EMPG COVID Supplemental grant will fund the months of February through September of this year. Chairman Dinning questioned if this is just through this current budget year. Mr. O’Neel said that is correct and he added that he will contact Idaho Office of Emergency Management (IOEM) Local Area Field Officer Jay Baker to see how far we can use the supplemental. This funding will obviously end when the emergency declaration has been declared to be over. Mr. O’Neel said the supplemental will still start January 27, 2020, for the sake of ease in calculation and it does span the year 2019 and 2020 grant. Mr. O’Neel said he’s looking at those months from January 27, 2020 through the end of December 31, 2020 as the grant period to cover for salary and benefits only and the amount totals just short of $20,000.00 for that period. Mr. O’Neel said he planned to submit the grant for that amount for that period of time. Once the state guidance comes out and is available, Mr. O’Neel said he can work with Mr. Baker on applying for that grant.
Mr. O’Neel said last Thursday, IOEM Grants Branch Chief sent him the agreement for the 2020 EMPG Grant and that is on Commissioners’ agenda for next week. One reason for looking into the supplemental funds covering salary and benefits is that it frees up other funds for other items and he mentioned needing a new vehicle. Mr. O’Neel said in doing the calculation the grant should provide $20,000.00 for a vehicle. Chairman Dinning said there might be additional costs for outfitting the vehicle.
Commissioners discussed the State of Idaho CARES Act Broadband Grant, which is a grant to improve internet service. Chairman Dinning said he’s not sure yet, but the county might need to have someone verify the correct amount of megabytes are put out and Commissioners may ask Mr. O’Neel to be the person to check these sites and it may be as early as this week for one site. Mr. O’Neel mentioned a program that might take CARES Act funding to subsidize households for internet costs and it may be up to $1,500.00 per student or $3,000.00 to $3,500.00 per family.
The meeting with Mr. O’Neel ended at 9:42 a.m.
9:44 a.m., Courthouse Maintenance John Buckley joined the meeting. Commissioners informed him that the Prosecutor’s Office has requested new carpeting. Commissioners said they would check with the newly elected prosecutor at that time. Mr. Buckley commented that the installation of the hot water tank at the armory is done.
Mr. Buckley left the meeting.
10:00 a.m., Chief Probation Officer Stacy Brown and Ron Stultz with Bonner County Detention Center joined the meeting. Mr. Stultz said everything is working well between the two counties and it’s a great partnership and there is still the detention facility in Kootenai County as well. Ms. Brown said it’s easier for local parents to visit Bonner County instead of Kootenai County. Mr. Stultz clarified that nothing in the contract for juvenile detention has changed except for the date so the rate is still $110.00 per day.
Commissioner Kirby moved to sign the contract with Bonner County Juvenile Detention Center. Commissioner Cossairt second. Motion passed unanimously.
Mr. Stultz and Ms. Brown left the meeting at 10:05 a.m.
Commissioner Cossairt moved to approve and sign the Idaho Liquor Catering Permit for MickDuff’s for the Panhandle Overland Rally Event for the days of October 2 & 3, 2020, pending receipt of the catering permit and fee, which had been mailed to the county as of last Friday. Commissioner Kirby second. Motion passed unanimously.
Commissioners tended to administrative duties until determining if they will have a meeting with City of Bonners Ferry Administrator Lisa Ailport at 10:45 a.m.
10:14 a.m., Judge Barbara Buchanan, Judge Justin Julian, and Chief Deputy Prosecutor Tevis Hull joined the meeting.
10:15 a.m., Commissioner Cossairt moved to go into emergency 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 Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.
10:40 a.m., Chief Deputy Prosecutor Hull, Judge Buchanan and Judge Julian left the meeting and Commissioners remained in executive session.
10:59 a.m., Commissioners recessed the executive session temporarily for a meeting with City of Bonners Ferry Administrator Lisa Ailport and City Prosecutor Andrakay Pluid.
11:00 a.m., City of Bonners Ferry Administrator Lisa Ailport and City Prosecutor Andrakay Pluid joined the meeting at Commissioners’ request. Chairman Dinning presented a map to Ms. Ailport showing the county’s gravel pit in Moyie Springs and near it is an easement for the City’s electric utility poles. The easement commences 58 feet off the county’s south line, except the poles are on the south line, according to Chairman Dinning. With EL Internet asking permission to use this same easement, it brought this matter to light. Commissioners had spoken to City of Bonners Ferry Mayor Dick Staples yesterday about this and it’s probably just the need to amend the legal description of this easement.
Ms. Ailport left the meeting at 11:09 a.m.
11:09 a.m., Commissioners reconvened the executive session. The executive session ended at 11:15 a.m.
Chairman Dinning stated that Commissioners had made motion to renew the Public Defender Contract with Roland Watson for public defense purposes, but since receiving information and input from the courts, Commissioners are going to make a motion to rescind that prior motion and they will not be renewing this contract.
Commissioner Kirby moved to rescind the prior motion made yesterday to renew the Public Defender Contract with Roland Watson as Commissioners will not be renewing this contract. Commissioner Cossairt second. Motion passed unanimously.
Attorney Pluid left the meeting at 11:22 a.m.
Commissioners recessed for lunch at 11:30 a.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Marc Kilmer, Regional Director for Congressman Russ Fulcher, joined the meeting for introductions and general discussion to include good relationships with other government agencies and the Kootenai Tribe of Idaho, the Kootenai Valley Resource Initiative (KVRI), meeting schedules during the COVID-19 pandemic, election challenges, selenium issues in the Kootenai River as a result of a Canadian mining operation, and grizzly bear delisting. Chairman Dinning asked that Congressman Fulcher be thanked for the times that he has already come to the Bonners Ferry to meet with Commissioners.
The meeting with Mr. Kilmer ended at 1:55 p.m.
There being no further business, the meeting adjourned at 2:00 p.m.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk