Monday, September 30, 2019, 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.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
County resident Marty Martinez was in attendance of the meetings off and on throughout the day.
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.
Commissioners held a bid opening for the fiscal year 2019-2020 county fuel supply. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendent Renee Nelson, and county resident Marty Martinez. The bid opening was recorded.
One sealed bid was received from Dyck’s Oil and Auto. Bid details are as follows: Unleaded gasoline at 2.595 per gallon at an estimated 10,000 gallons for a cost of $25,950.00. Ultra-low sulfur diesel #2 (dyed) at 2.212 per gallon at an estimated 40,000 gallons for a cost of $88,480.00. Diesel #1 at 2.439 per gallon at an estimated 1,000 gallons for a cost of $2,439.00. The total bid amount is $116,869.00. The bid also included a check in the amount of $5,844.00 as a bid bond totaling 5% of the total amount bid.
Commissioners and Ms. Nelson reviewed the markup per gallon costs. Commissioners and Ms. Nelson briefly discussed budget in relation to the bid amount. Ms. Nelson recommended Commissioners accept the bid from Dyck’s Oil and Auto.
Commissioner Cossairt moved to accept the bid from Dyck’s Oil and Auto for a total of $116,869.00 for the fiscal year 2019-2020 county fuel supply. Commissioner Kirby second. Motion passed unanimously.
The fuel bid opening ended at 9:08 a.m.
Ms. Nelson discussed the Project Documentation Summary of the Local Rural Highway Investment Program in relation to milling and profiling and the purchase of asphalt oil and aggregate chips to chip seal the remaining five mile section of Meadow Creek Road-Moyie River Road as done by Porter Yett.
Commissioner Cossairt moved to authorize the Chairman to sign the Local Rural Highway Investment Program (LRHIP) Project Documentation Summary for the FY19 Boundary County Meadow Creek – Moyie River chip seal project/construction. Commissioner Kirby second. Motion passed unanimously.
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 9:34 a.m. No action was taken.
Commissioners discussed the status of reconstruction of Riverside Road. Ms. Nelson discussed matters pertaining to rights-of-way as well as considerations to determine low and high volume traffic for local roads.
Ms. Nelson reviewed her department report. Work was done on Pine Island Road last Thursday, which consisted of taking grindings and placing them going down Pine Island Road and across the tracks. Chairman Dinning said he thought the grindings felt loose so Ms. Nelson said she would have someone check on it. Chairman Dinning said it could’ve been due to weather temperature.
This week the graders are out and Ms. Nelson listed which areas will be graded. Ms. Nelson informed Commissioners that she is going to attend an Idaho Parks and Recreation Department grant application workshop tomorrow. The Trout Creek North Bridge and Skin Creek Bridge are possibilities for grants and HMH Engineering will be asked to look into that for Road and Bridge. The Parker Creek Bridge on Westside Road is ready for pavement and all the information for this bridge will go to the Idaho Transportation Department who will reanalyze it for a rating.
Sheriff Dave Kramer joined the meeting at 9:44 a.m.
Ms. Nelson said the Local Emergency Planning Committee (LEPC) meeting is this Wednesday and a winter overview for snow plowing will be discussed.
Ms. Nelson stated that there is a funding opportunity she is learning about called the Transportation Alternative Funding (TAP) and she has from November 5th through November 8th in which to submit the pre-application. The final application is due February 2, 2020 and Ms. Nelson said she has discussed this program with HMH Engineering and the Local Highway Technical Assistance Council (LHTAC). Funding for children pedestrian won’t be available this year so that affects the Naples School project. LHTAC was asked if that project would be eligible for TAP funding and they said yes, with a 7% match. Ms. Nelson spoke of hoping to tie in the Naples School project to run concurrently with the project to widen Schoolhouse Road in year 2023. The Schoolhouse Road project is to widen the road to create a stacking lane. The Idaho Transportation Department (ITD) is willing to work on the approach to Schoolhouse Road, but they still have to answer about turn lanes from Highway 95. Ms. Nelson said she would like to determine costs to make sure there aren’t any hidden expenses as it seems like a project worth looking into. Commissioners are in favor of Ms. Nelson looking into this application.
Ms. Nelson informed Commissioners that Road and Bridge was able to get a fiber optic line, but she would like to have coordination between Matt Hodges with Computer Arts and E.L. Automation as well as get County Mapper Olivia Drake involved so what gets hooked up doesn’t slow down the Courthouse end of the system and to make sure nothing is missed.
Commissioners and Ms. Nelson reviewed their concerns as it pertains to the memorandum of understanding received by the City of Bonners Ferry for maintenance of Pine Island Road.
The meeting with Ms. Nelson ended at 9:55 a.m.
10:00 a.m., 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. 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 11:05 a.m. No action was taken.
Sheriff Kramer left the meeting.
Commissioner Kirby moved to approve the minutes of September 16 & 17, 2019. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Computer Arts Inc., Master Agreement, Software & Support License, Addendum A, Addendum B, and Addendum C. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2019-25. 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 2019-25 reads as follows:
RESOLUTION 2019-25
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 2018-2019; and
WHEREAS, $126,411.65 in unanticipated grant funds has been received from the Idaho Department of Lands (IDL) for fire mitigation purposes; 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 $126,411.65 from revenue received in fiscal year 2018-2019; and
WHEREAS, it is appropriate to establish the Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $126,411.65 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 $126,411.65 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 30th day of September 2019.
COUNTY OF BOUNDARY
BOARD OF 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 #279387
Commissioner Cossairt moved to sign the Public Defender Contract with Bruce Greene for fiscal year 2019-2020. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign Public Defender Contracts with Serra Woods and Roland Watson for fiscal year 2019-2020 once the contracts are received. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign Certificate of Residency for Mason Knapp. Commissioner Kirby second. Motion passed unanimously.
Commissioners reviewed and approved claims for payment for the end of the fiscal year. Fund totals are as follows:
Current Expense $24,304.66
Road & Bridge 343,200.15
Airport 6,917.30
District Court 6,436.13
Justice Fund 25,982.84
911 Funds 4,971.29
Parks and Recreation 18,378.67
Animal Damage Control 5,000.00
Solid Waste 69,249.21
Tort 315.00
Veterans Memorial 8.84
Weeds 11,665.74
Restorium 7,919.83
Snowmobile 3,000.00
Waterways 4,536.34
Grant, Selkirk Coop Weed Mgmt 44,200.00
Grant, Boat Safety 2,245.43
Grant, Emergency Communication 10,861.79
Grants, Fire Mitigation 26,356.54
TOTAL $615,549.76
Trusts
Boundary Co. Drug Court Trust 116.00
Motor Vehicle Trust Acct 78.50
Playground / Ice Rink Trust 110.18
Odyssey Bond Trust Account 424.40
TOTAL $729.08
GRAND TOTAL $616,278.84
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2018-2019).
Blue Sky Broadcasting News Reporter Mike Brown joined the meeting and was present off and on through the day.
County resident Luke Marble joined the meeting at 11:30 a.m.
Mr. Marble met with Commissioners to discuss his plan to open a women’s shelter. Mr. Marble informed Commissioners that he is part of the Ministerial Association and he explained how he had gone through a rough patch himself. Mr. Marble listed various people, businesses and organizations that he’s working with to build a women’s shelter. The cost of a building for the shelter is already taken care of and Boundary Tractor and Riverside Auto are willing to donate equipment and a vehicle and Alpine Linen is willing to donate linens for this cause. Mr. Marble spoke of working with the Library’s fab lab and the Sheriff’s Office. Mr. Marble said he’s a firm believer that if we come together as a community, that we can get this project done and he added that he is not running the program, but he wants to get the program set up for women so they’re not having to go somewhere else.
Mr. Marble spoke of wanting to have the Probation Office involved and he stated that he’s spoken with TrussTek and Vernon Helmuth of Panhandle Doors and Drawers about job opportunities. There are so many people in community willing to help. Mr. Marble explained that he wouldn’t be on the bank account for the shelter and that everything needs to be on the up and up. There are people in the community who have the ability to do this. Mr. Marble commented that he’s hitting the ground running and doing what he can to get this shelter going in the name of Jesus Christ to help these women as it’s not okay to hit a woman. There is federal funding and grants available for this project. Mr. Marble informed Commissioners that he will also speak with the Kootenai Tribe as they don’t want domestic violence on their property. Mr. Marble said he spoke with the Probation Office and that is who told him to meet with Commissioners. Mr. Marble added that he has also talked to Community Action Partnership and he is working on the insurance with Kayser Insurance.
Chairman Dinning asked Mr. Marble if he has spoken with members of the Ministerial Association. Mr. Marble listed someone he’s spoken with who is not with the Ministerial Association, but he also mentioned Ministerial Association President Henry Yoder. Chairman Dinning commented that Mr. Marble mentioned an offer was made on the home near the Naples General Store. Mr. Marble mentioned someone associated with the Bonners Ferry Baptist Church is going to put in a bid on the home next to the Naples Store as well as Chad and Laura Kimball, who Mr. Marble stated is also going to put a bid in and that funds will go to the shelter.
Commissioners asked Mr. Marble if he had spoken with the Victim’s Services Office. Mr. Marble said yes, and that he was told that he has to be transparent with this. Mr. Marble commented that he was told that funding probably isn’t there, but he doesn’t think that’s true, adding that there are very prevalent people in the community who are very supportive. Mr. Marble stated that he’s been a problem in this community, and the Lord has prayed upon his heart to be a better person. Mr. Marble informed Commissioners that he’s a pastor of his own church, which is based out of his home and that his home church is Bonners Ferry Baptist Church. Mr. Marble mentioned that he understands there are a lot of things he doesn’t know, but instead of being a silent member, he’s saying why not get this done.
Chairman Dinning suggested that Mr. Marble check back with Commissioners when he gets further into his process.
The meeting with Mr. Marble ended at 11:40 a.m.
11:45 a.m., Commissioners considered the application to amend the 2019 county alcoholic beverage license for Safeway to add the ability to sell kegs. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The proceedings were recorded.
The completed county application, applicable fees, the updated 2019 State of Idaho Retail Alcohol Beverage License and 2019 Panhandle Health District certificate have been received. Yet to be received is the 2019 City of Bonners Ferry Retail Alcohol Beverage License.
Commissioner Kirby moved to approve amending the 2019 County Alcoholic Beverage License for Safeway Inc., dba Safeway Store #2954 to include the addition of selling kegs and to issue the updated county license to Safeway Store #2954 once the updated 2019 City of Bonners Ferry Retail Alcohol Beverage License has been received. Commissioner Cossairt second. Motion passed unanimously.
The meeting ended at 11:46 a.m.
11:47 a.m., Commissioners considered the application to transfer the 2019 county alcoholic beverage license from Par Hawaii Inc., dba Cenex Zip Trip #33 to Par Hawaii LLC dba Cenex Zip Trip #33. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The proceedings were recorded.
The completed county application, applicable fee and the updated State of Idaho Retail Alcohol Beverage License for year 2019 have been received. Yet to be received is the 2019 City of Bonners Ferry Retail Alcohol Beverage License.
Commissioner Kirby moved to approve the transfer of the 2019 County Alcoholic Beverage License from Par Hawaii Inc. dba Cenex Zip Trip #33 to Par Hawaii LLC dba Cenex Zip Trip #33, upon receipt of the transferred 2019 City of Bonners Ferry Retail Alcohol Beverage License. Commissioner Cossairt second. Motion passed unanimously.
The meeting ended at 11:48 a.m.
Commissioner Cossairt moved to authorize the Chairman to sign the Outlay Report and Request for Reimbursement #7 and the Invoice Summary for Airport Improvement Project #3-16-0004-014-2016. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the Chairman to sign the Outlay Report and Request for Reimbursement #1 and the Invoice Summary for Airport Improvement Project #3-16-0004-016-2019. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby moved to seek reimbursement for Boundary County’s legal fees associated with Airport Improvement Project #3-16-0004-016-2019. Commissioner Cossairt second. Motion passed unanimously.
Commissioners recessed for lunch at 12:10 p.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., Solid Waste Department Superintendent Claine Skeen joined the meeting to give a department report. Mr. Skeen said the roll off truck, a 60 Series Detroit, still doesn’t have parts available so he’s babying it for now. The issue with this truck is nationwide. The garbage truck is a 75 and it has a chipped gear and is starting to slip so it’s getting torn down. The cost is $4,000.00 to fix it and down time is one week. Mr. Skeen said he’s adjusting the garbage recycling schedule. Mr. Skeen informed Commissioners that approximately three-quarters of the wood pile was taken away so they’ve boxed the front off so people don’t add to the pile. The stickers for the new fee structure will get put up, according to Mr. Skeen.
Mr. Skeen informed Commissioners that Steve James with JUB Engineering is going to take over for Paul Klatt and the documents to finalize the Landfill Operations Plan should be done soon.
Mr. Skeen briefly discussed applications for one of the monitored sites.
1:35 p.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 1:44 p.m. No action was taken.
The meeting with Mr. Skeen ended at 1:45 p.m.
1:50 p.m., 9B Trails members Larry Davidson, Tess Rae, Olivia Drake, Scott Bourassa, and Eric Anderson joined the meeting.
Chairman Dinning said in talking to County Civil Attorney Tevis Hull he thinks we can get around the workers compensation insurance issue. The statement needed is something along the lines that there is indemnification for any claim to Boundary County as it relates to volunteers. Chairman Dinning also informed those present that the county cannot put any money from Road and Bridge toward rock for this project. Boundary County is not receiving any funds and there are things the county has to take care of. One thing that would help Commissioners or the county is for there to be one point of contact for the 9B Trails Organization and Commissioners would like to take one project to completion at a time. Mr. Davidson said if there is a decision to work on Section 16, does that mean the county would enter into an agreement with the Idaho Department of Lands (IDL) initially? Chairman Dinning said he thinks the county can do that, but Commissioners want to work with Attorney Hull, who is out for two weeks. Mr. Davidson said the issue is that phase 1 for Section 16 is almost done, but more importantly is that we’re on a handshake agreement with IDL for not doing dirt work, but soon 9B Trails would like to get the dirt work done. It’s a timing issue for 9B Trails’ interpretation of completion. Chairman Dinning said he understands.
Mr. Davidson said they have two things going on. IDL wants a signed contract before doing dirt work and the timing of building the parking lot is another issue as they want to get it done before the ground freezes. The contract essentially is year to year commencing in December and before dirt work is done IDL needs the signed contract, but that cannot be done until two weeks from today. Mr. Davidson asked if Commissioners would be willing to sign the contract in about two weeks’ time. Commissioner Cossairt said if there is no money involved from the county, then yes. It was mentioned that there is the matter of IDL’s $500.00 fee.
Ms. Rae questioned the possibility of purchasing gravel from the county. Chairman Dinning explained that the county cannot sell gravel to 9B Trails as they’re not a government entity so it would be competing with private entities.
Chairman Dinning said we got past the workers compensation issue and we will then take a look at the next phase. Ms. Rae asked if they want to start working on the Riverside Park project, as the workers compensation matter is resolved, can they do that. Chairman Dinning said to him, he would say no as we don’t want to have multiple projects started and then not have anything completed. Mr. Bourassa said some people will continue working on Section 16, but there are also other trail building groups. Chairman Dinning said we just want to get phase 1 done and Commissioners want to know if someone starts working on phase 2 as the county is the one on the hook. Mr. Anderson said if that is a concern, he can talk to Attorney Hull in that if there is work taking place on county property, there will be communication with County Commissioners about that. Chairman Dinning said there is also the timeline to get the work done, including the parking lot, then work can begin on Riverside Park. Mr. Davidson said from a chronological procedure, they had previously entered into a contract for the Riverside Park project and there will also be a contract for the Section 16 project, and he is also hearing Commissioners want a timeline. Chairman Dinning said for clarification that this project will be completed before starting another one. Mr. Davidson asked if Commissioners envisioned having a two contracts, one for phase 1 and one for phase 2. Mr. Bourassa said all he knows is that government is slower than the private sector. Mr. Anderson said he will have draft contracts ready. Mr. Bourassa said the contract could possibly be signed in two weeks. Chairman Dinning said Commissioners will say “possibly” as Attorney Hull will need to take a look at it. Chairman Dinning added that if Attorney Hull and Mr. Anderson can come to a conclusion and Attorney Hull says that Commissioners can sign the contract, they will sign it. Mr. Anderson said he would email his draft to Commissioners. Mr. Davidson asked for a letter of support for the Section 16 project as he has applied for a grant for this project.
Mr. Anderson said since the city is definitely a part of the old bridge abutment, it remains an open question so he will take this question to Mayor Sims as to whom is going to step up to the old mudslide project. It was said since this is the Idaho Transportation Department’s property, there would not be a fee. It’s a simple project down the road, but it’s a benefit to the community. Chairman Dinning said let’s get through these projects first.
Chairman Dinning said there are things people haven’t thought about, such as there is a street that goes to Seven Oaks and that used to be a state street, but he’s not sure if it had been abandoned so that may be a route in which to direct traffic. Mr. Bourassa said he came to Boundary County 13 or 15 years ago and asked about pulling barriers out from that area and he was told that funds from the highway expansion were to go to that, but nothing has happened. Chairman Dinning explained the history of delays with correcting the McArthur Lake curve area on Highway 95.
Mr. Davidson said with everyone leaving in the right direction, there will be a contract with IDL and Boundary County and then a contract between the county and 9B Trails. 9B Trails feels this is going to be an annual relationship and they hope the county will have an ongoing relationship with IDL. Chairman Dinning explained how the county cannot commit one Board of Commissioners to matters so in two years or less if two of the three existing Commissioners leave and the two new incoming Commissioners decide not to continue with the project, then it’s over. Mr. Davidson said he’s asking Commissioners to consider that 9B Trails is a tiny group and part of this project is the restroom for the trail and that cost is approximately $1,100. There is a possibility of getting a more permanent vault style restroom, but it would need pumping every so often. Could Commissioners entertain the possibility of taking care of pumping at this point? Chairman Dinning said at this point, probably not and that is what Commissioners were trying to say.
The meeting to discuss 9B Trails projects ended at 2:30 p.m.
2:30 p.m., City of Bonners Ferry Engineer Mike Klaus and City of Bonners Ferry Administrator Lisa Ailport joined the meeting to discuss a proposed memorandum of understanding (MOU) pertaining to Pine Island Road. Those present discussed interpretation of feasible as it’s used in a section of the MOU. Mr. Klaus mentioned that there are some landowners who will not allow snow from the sidewalk to be placed in their yard. Chairman Dinning said also in this agreement it looks as if the county is mandating that adjoining landowners have to maintain the sidewalks. Those present reviewed the MOUs they each had and Clerk Poston said Mr. Klaus had alluded to City Attorney Andrakay Pluid and Mayor Sims amending the agreement, so does Mr. Klaus have the same agreement as others here. Mr. Klaus said he does think he has the same agreement. Commissioners have a version that says feasible and his agreement says practical. Chairman Dinning said the agreement is saying that the county will agree to these statements, but the adjoining landowners would be forced to make repairs without holding a hearing, etc., and that is something he wants to avoid. The city ordinance reads that it’s common in cities in Idaho. Ms. Ailport commented that if the sidewalk is in front of someone’s property, the city is not really responsible as the area in question is not in city limits. Chairman Dinning said there is not the authority so that statement should be removed from the MOU.
Commissioners reviewed the section of storm water and limitations under Section 5. Through city limits, ITD doesn’t want the storm water peak to be higher that what it currently is. From city limits south, the city doesn’t have control over that development. The city didn’t want to be responsible for any storm water as a result of development in the county. The purpose of this section, is to not bind the city for any county development, according to Ms. Ailport. Those present discussed culverts and when development occurs, storm water storage would have to be considered. Mr. Klaus said the city just wanted to make sure it doesn’t get tangled up in any storm water matter outside of city jurisdiction. Chairman Dinning said the contract is with Attorney Hull for review, but he is unavailable for two weeks. Mr. Klaus asked if Section b1 is reasonable as written. Chairman Dinning said if this is being written for landowners, and because the property owners won’t allow snow to be stored in their yard, more right-of-way ought to be purchased. Mr. Klaus said the city has a plan for clearing sidewalks when it gets to six inches or more deep and he explained the route for maintaining sidewalks and how it will take longer to clear sidewalks now that there are more of them. Chairman Dinning spoke of the sidewalks and areas near the schools and stressed how those areas should be a priority for keeping sidewalks cleared for the kids. Mr. Klaus discussed needing another piece of equipment as well as staff hours involved to keep more sidewalks cleared. Ms. Ailport spoke of switching to LED street lighting and how the efficiency went up 50% or 60% and how that utility cost decreased about 50%.
The meeting with Ms. Ailport and Mr. Klaus ended at 2:52 p.m.
3:00 p.m., There being no further business, the meeting adjourned until tomorrow at 9:00 a.m.
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 held a public hearing to consider Planning and Zoning Application #19-168. An application for a subdivision, amended short plat by applicant Jean Plato. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, Road and Bridge Department Co-Superintendent Randy Morris, Kirsten Madden with Century 21 Real Estate, and Dick Staples with JRS Surveying. The hearing was recorded.
Chairman Dinning briefly reviewed the hearing procedures. No one had any questions. The application is for amending a short plat subdivision and considerations are found in Section 11 of Land Use Ordinance 9B18LOV2. No one cited a conflict of interest.
Chairman Dinning asked for an opening statement. Mr. Staples said originally the plan design was to divide the lot and it became apparent after review of the ordinance that there was no way to do an amended plat without showing the whole plat. This application pertains to Lot 3 of Block 2. Mr. Staples said there has not been a written description for the entire subdivision.
Mr. Moss said it’s indicated that this subdivision for Block 2 has seven lots and there is a request to split Lot 3. The application is straight forward and the staff analysis confirmed Mr. Staples’s statement. The issue that Mr. Staples mentioned is that there is nothing in the ordnance as to how to process and amend the plat.
Mr. Morris questioned if the nearest access is Tobe Way and Plato Drive and he added that the only thing he would be worried about is that everything is pretty tight in that area. Mr. Staples explained how the split would be done. Mr. Staples stated that he could meet the 200 feet driveway distances for the lower/west lot and that there is 230 feet on the frontage side. Mr. Staples also stated that it’s almost 400 feet from the radius. Chairman Dinning said it appears the application will meet the road requirements.
Chairman Dinning said with this discussion it appears this can meet the county’s standards at this point. Mr. Morris said it does sound like it. The speed limit in this area may only be 20 or 25 miles per hour. Chairman Dinning said he doesn’t know if the ordinance talks about speed, but does it make any differentiation with approaches if the speed limit is 25 versus 35? Mr. Morris explained the difference between major and minor collectors, etc. Commissioners had no further questions.
Chairman Dinning asked for public comment from those in favor of the application, followed by comments from those uncommitted then opposed to the application. No one spoke. Commissioners asked Mr. Staples if he would like to make a closing statement and he declined. Commissioners closed the hearing to further public testimony.
Commissioner Cossairt and Commissioner Kirby stated that the application is fine as it meets the county’s road standards.
Commissioner Cossairt moved to accept Planning and Zoning Application 19-168 to amend the 1st Addition as it pertains to Lot 3. Commissioner Kirby second. Motion passed unanimously.
The hearing ended at 9:10 a.m., and Mr. Morris remained after the hearing.
9:14 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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:30 a.m. No action was taken.
Mr. Morris left the meeting.
9:30 a.m., Deputy Clerk Nancy Ryals joined the meeting.
Commissioner Kirby moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Cossairt second. Motion passed unanimously. 9:36 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Cossairt second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 9:36 a.m.
Clerk Poston and Commissioners discussed general budget matters.
9:42 a.m., Treasurer Sue Larson joined the meeting. The county held a tax deed sale in July and notified appropriate parties of the overages. Treasurer Larson said she had received claims on all of the parcels, except for one and she would like to send the overage of the sale for the property with no claims to the state.
Commissioner Cossairt moved to adopt Resolution 2020-1. A resolution authorizing the transfer of excess sale proceeds to the State Treasurer. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-1 reads as follows:
RESOLUTION #2020-1
TREASURER’S OFFICE
A RESOLUTION OF THE BOARD OF BOUNDARY COUNTY COMMISSIONERS, STATE OF IDAHO, BOUNDARY COUNTY, AUTHORIZING TRANSFER OF EXCESS SALE PROCEEDS TO THE STATE TREASURER PURSUANT TO IDAHO CODE §31-808
WHEREAS, Idaho Code §31-801 grants the general powers and duties, subject to the restrictions of law, to the boards of county commissioners in their respective counties; and
WHEREAS, Idaho Code §31-828 grants the Board authority “to do and perform all other acts….which may be necessary to the full discharge of the duties of the chief executive authority of the county government”; and
WHEREAS, Idaho Code §31-807 authorizes the Board to manage county property subject to restrictions including, but not limited to, those described in Idaho Code §31-808: and
WHEREAS, Idaho Code §31-808 authorizes the Board to sell surplus properties acquired by tax deed; and
WHEREAS, Idaho Code §31-808 provides that proceeds from the sale of property acquired by tax deed, after payment of all delinquents taxes, late charges, interest and costs, (excess proceeds) be apportioned by the Board to parties in interest that make claims, and then to the owner(s) of record at the time the tax deed was issued on the property: and
WHEREAS, Idaho Code §31-808 was amended by 2016 Senate Bill 1347a to permit the County, after payment of party in interest claims, to transfer excess proceeds resulting from the sale of tax deeded properties to the State Treasurer to be claimed and distributed as unclaimed property and:
WHEREAS, the State Treasurer has indicted that he will accept transfer of unpaid excess proceeds in the possession of the County provided certain conditions are met as set forth in Exhibit A; and
WHEREAS, the County has certain unpaid excess proceeds on account as set forth in Exhibit B, and finds that transferring said proceeds to the State Treasurer will result in more efficient processing of such claims; and
WHEREAS, the board had determined that the County met the requirements for transferring said excess proceeds to the State Treasurer
NOW THEREFORE, THE BOARD OF COMMISSIONERS OF BOUNDARY COUNTY, IDAHO HEREBY RESOLVES, that the excess proceeds as described in Exhibit B, be transferred to the State Treasurer, pursuant to Idaho Code §31-808, together with a completed unclaimed property report as directed by the State Treasurer and such other information that the State Treasurer might reasonably request.
IT IS FURTHER ERSOLVED BY THE BOARD, that notice of said transfer be sent as required by Idaho Code §31-808.
IT IS FURTHER RESOLVED BY THE BOARD, that this resolution shall be effective this 1st day of October, 2019.
ADOPTED as Resolution of the Board of County Commissioners of Boundary County, Idaho upon a majority vote on the 1st day of October, 2019.
BOARD OF BOUNDARY COUNTY COMMISSIONERS
s/______________________________
Dan Dinning, Chairman
s/______________________________
Wally Cossairt, Commissioner
s/______________________________
Walt Kirby, Commissioner
Attest: Glenda Poston
BYs/____________________________
Clerk
Recorded as instrument #279388
“Exhibit B”
2019 Tax Sale/ July 2, 2019
Parcel Number & Bidder's Name Opening Delinq Taxes Excess Total Bid
Previous Owner Bid and Costs Funds
RP61N01E194060A
W. L. Kinnear Tungsten Holdings, Inc. $ 740.77 $ 740.77 $ 5,759.23 $ 6,500.00
Total $ 5,759.23
Treasurer Larson left the meeting at 9:50 a.m.
10:00 a.m., Planning and Zoning Administrator John Moss and property owners Justin Gibbons and Charlotte Gibbons joined the meeting to get clarification on a property matter.
Chairman Dinning said the process, as far as the flood plain issue, is that local surveyors will ultimately have to be involved as they know the process. There needs to be a base elevation established by a surveyor before the Gibbons can apply for a building location permit for their home. Then there needs to be certification after that stating that the house meets that elevation. Mr. Gibbons said they were told the permit couldn’t be stamped until the elevation work was done. Mr. Gibbons said his only question is if they get the base elevation established, can they get the placement permit after that. Commissioners said yes, after the local surveyor certifies that the elevation matter has been met.
The meeting with Mr. Moss and Mr. & Ms. Gibbons ended at 10:02 a.m.
Commissioners tended to administrative duties.
10:25 a.m., Chairman Dinning left the meeting to tend to another matter.
Commissioner Kirby moved to appoint Commissioner Wally Cossairt Acting Chairman in the absence of Chairman Dan Dinning. Commissioner Cossairt second. Motion passed unanimously.
Former Boundary County Veterans Service Officer John Tucker joined the meeting at 10:30 a.m.
Commissioners presented Mr. Tucker with a certificate of appreciation for his many years of service.
Mr. Tucker left the meeting at 10:40 a.m.
There being no further business, the meeting adjourned at 10:40 a.m.
___________________________________
DAN R. DINNING, Chairman
ATTEST:
_______________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk