***Monday, April 01, 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.
County resident Marty Martinez and Blue Sky Broadcasting News Reporter Mike Brown were in attendance of the meetings off and on throughout the day.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the departmental report. A written report was provided.
Chairman Dinning asked about the Ruby Creek bridges. Mr. Kimball said Ruby Bridge #1 is getting fixed by BF Builders. Ruby Creek Bridge #2 is scheduled for repairs in year 2020 if the State of Idaho doesn’t take funding away. As it pertains to Ruby Creek Bridge #3, Mr. Kimball said he’s waiting for a letter from the state that will indicate the load for this bridge as it’s in poor condition. Mr. Kimball relayed his suggestions for Bridge #4. Chairman Dinning passed on a compliment to Mr. Kimball that was made by a member of the public as to how fast work was done to Bridge #2.
Mr. Kimball said as it pertains to breakup, we have some terrible roads and a lot of pavement is heaving and he listed Hermann Lake Road, Highland Flats Road between Gold Road and McArthur Lake and parts of Calvary Lane as some of the roads having issues. Chairman Dinning asked about the lateral cracks that were sealed on Meadow Creek Road last summer and how they’re holding up and Mr. Kimball said they seem to be doing fine. Mr. Kimball informed Commissioners that in Pleasant Valley residents on Cougar Road approached him asking for advice as they cannot drive this road with a four wheel drive pickup due to conditions. The frost is really deep and the weather has warmed up very quickly. A few trucks have been permitted to drive on Lookout View Road, but it’s really not ready to let anything through there. Moon Shadow Road, on the north end at the corner, is breaking up really bad and there is activity on Sweetwater Road and Chutes Canyon. Chairman Dinning asked what the cost per mile is to have someone shoot calcium or concrete stabilizer on the bad section of Moon Shadow Road. Mr. Kimball said he doesn’t know if he would think about that too much. With grindings there is an oil product that rejuvenates the concrete, but it was getting too late in the season to apply this material and temperatures were hit and miss.
The work done to Mirror Lake Road is doing well and Mr. Kimball said he’s thinking about putting more grindings down. Parts of Mirror Lake Road are holding up well. Mr. Kimball said he received a $100,000 grant through the Local Highway Technical Assistance Council to finish up Mirror Lake Road so more grindings will be placed and then it will be chipsealed.
Commissioners asked the status of the Tobe Way/Plato Drive project and Mr. Kimball said the engineering has started and he will try to get the project out to bid in early spring as you can typically get the lowest bids in spring and Road and Bridge will work on the more minor work, such as installing new culverts at the approaches and doing cleanup at the shoulders. Mr. Kimball added that hopefully this project becomes something in which the pavers arrive and pavement can be laid. Mr. Kimball explained that Plato Drive is from Homestead Loop to Highway 95 and Tobe Way is located behind the Log Inn.
Mr. Kimball informed Commissioners that he will have unanticipated expenses in his budget due to the crumbling pavement and he listed Kootenay Trail and Parker Canyon Roads as having this issue. Chairman Dinning asked about Farm to Market Road and Mr. Kimball said it’s drying out fairly well. The graders are headed to District 5 and 11 roads, Lookout View Road, Brown Creek Road, Trail Creek Road and Plantation Road to help dry out the wet areas. Chairman Dinning said he noticed what looks like scarring on District Two Road and he asked if there is a grader with a cleat that hangs down. Mr. Kimball said at one point ice bits were put on, but he doesn’t believe they were used on District Two Road. Chairman Dinning said he thought he saw some scarring on top of this road for quite a ways and he described it as looking almost like what’s left in pavement after wear from studded tires. Mr. Kimball said he was there recently, but he didn’t notice it.
Mr. Kimball mentioned the need to look at improving radiuses at driveways and the possibility of adding another approach in the area of Meadow Creek Road where Union Pacific Railroad built a siding and frontage road. Mr. Kimball spoke of allowing 53 foot trucks to cross at the crossings and he’s thinking that one might be on the county’s main road and the others are on the new proposed county road. A number of approaches are going to be eliminated.
The meeting with Mr. Kimball ended at 9:18 a.m.
Commissioner Cossairt moved to sign Certificates of Residency for Rikki Cowin, Maecie Liermann and Aleah Jones. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby moved to approve the minutes of March 18 & 19, 2019. Commissioner Cossairt second. Motion passed unanimously.
9:30 a.m., Treasurer Sue Larson and Assessor Dave Ryals joined the meeting.
Chairman Dinning explained that Commissioners received a Property Tax Cancellation form for an individual who ended up having less acreage than what had been assessed after reviewing the legal description. The property owner had approached Dick Staples with JRS Surveying who then spoke with County Mapper Olivia Drake. Assessor Ryals said the legal description alludes to the property continuing under the highway and coming out the other side so the property owner thinks that portion needs to be added back on. Assessor Ryals explained that the acreage will remain what his office has on record, but if there are changes in the future, the county can increase acreage at that time.
Commissioner Cossairt moved to cancel year 2016 taxes, fees and penalties totaling $695.74, year 2017 taxes and penalties totaling $96.24 and year 2018 taxes and penalties totaling $95.37 for parcel #RP60N01W243760A due to an acreage billing error. Commissioner Kirby second. Motion passed unanimously.
Assessor Ryals and Treasurer Larson left the meeting at 9:33 a.m.
Commissioners tended to administrative duties.
Commissioner Kirby moved to approve the minutes of March 25 & 26, 2019. Commissioner Cossairt second. Motion passed unanimously.
Chairman Dinning asked Clerk Poston for an update on her conversation with Panhandle Area Council (PAC) as it pertains to constructing a building to house ambulance service personnel and vehicles. Clerk Poston said she had reached out to PAC about working on proposals for a building, but she hasn’t heard back from them yet. Chairman Dinning said he’ll be gone next week, but when he gets back Commissioners need to visit the armory property to see where to put the building. Clerk Poston said a building will fit on either side of the armory.
9:54 a.m., County Civil Attorney Tevis Hull joined the meeting.
Commissioners asked the status of review for proposed Ordinance 9B18LOV2 and Attorney Hull said he will reach out to Planning and Zoning Administrator John Moss and Deputy Clerk Rohrwasser to clarify questions regarding the document.
9:56 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:01 a.m. No action was taken.
Attorney Hull left the meeting.
County resident Kevin Greenleaf joined the meeting at Commissioners’ request.
10:00 a.m., Commissioners contacted attorneys for Perkins Coie of Boise, Erika Malmen and Alison Hunter, via telephone.
10:01 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated regarding the Bog Creek Road matter. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.
Mr. Martinez returned to the meeting.
Commissioner Cossairt moved to authorize the Chairman to sign the Bog Creek Road project objection letter. Commissioner Kirby second. Motion passed unanimously.
The call to Ms. Malmen and Ms. Hunter ended.
10:23 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the department report.
Ms. Brown informed Commissioners that her office has 19 juveniles on probation with five new cases; three of them being grand theft. There are 33 people on misdemeanor probation, with seven new cases. These cases tend to be domestic violence and alcohol related. There are 116 people on unsupervised probation and three people involved in the Youth Accountability Board so that number is staying low. Ms. Brown commented that she has two Idaho Association of Counties probation related meetings taking place next week in McCall. Ms. Brown added that as it pertains to the Misdemeanor Training Council, she was voted in as vice chair. Tom Dale from Canyon County is the chairman. Ms. Brown said she is staying busy and the number of people on probation is going up, but she is not worried unless that increase continues. The increases seem to be after court cases have been heard and the situations increase around Christmas and just before summer, according to Ms. Brown.
The meeting with Ms. Brown ended at 10:33 a.m.
Deputy Clerk Nancy Ryals joined at 10:33 a.m.
Commissioner Cossairt moved to deny indigent case 2019-15 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 10:36 a.m.
10:40 a.m., Courthouse Maintenance John Buckley joined the meeting to give his departmental report. Mr. Buckley spoke of working on the water heater at the Waterways building. Mr. Buckley said he took the snowplow off the truck a couple weeks ago, got the carpets installed on the third floor and he is staining and cutting the last bit of trim in order to get that installed. Materials for resealing the windows as well as the new window shades have come in and the three windows have been replaced, according to Mr. Buckley. Mr. Buckley said it’s time to start cleaning out air conditioning units, replacing a burnt out light on the eastside of the Courthouse, and work on fixing some sheet rock in the men’s room in the Extension Office. Mr. Buckley said there is another leak in the North Idaho College (NIC) building. Mr. Buckley said four years ago he put a coating on the roof so it should be okay for another winter before it has to be recoated again. There has been ice buildup on the NIC building, according to Mr. Buckley. Mr. Buckley said ever since the ecology blocks have been placed next to the NIC building, there have been no issues with snow being put there.
Mr. Buckley said he needs to get some work done at the armory this week as there is a puddle by the sidewalk so he will dig down and repair the sprinkler pipes. Mr. Buckley mentioned that he’s waiting for someone to call him regarding the Sheriff’s Office roof and he mentioned issues with cleaning vents, etc., and needing to set up a schedule to replace filters. Mr. Buckley also commented that he will get back to working on the landscaping, etc.
Chairman Dinning said at the last elected officials meeting someone had brought up the condition of the downstairs restroom so Commissioners have decided to keep a clipboard handy for employees to write down things that need tended to, etc. This sign-up sheet will be kept in Commissioners’ Office. Mr. Buckley said that will work very well.
Mr. Buckley said replacing the sidewalks or patching them needs to be done this year. Chairman Dinning asked if there is enough capacity in the water tank to heat the sidewalks. Mr. Buckley said the existing heater cannot handle any more. Clerk Poston said Mr. Buckley doesn’t have this project budgeted for this year. Those present spoke of the poor condition of the curbs and gutters.
The meeting with Mr. Buckley ended at 10:55 a.m.
Clerk Poston mentioned the ceiling in the courtroom needs to be painted as it’s discolored due to a prior leaky air conditioning unit.
Commissioners recessed for lunch at noon.
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.
Commissioner Kirby moved to authorize the Chairman to sign the Disadvantaged Business Enterprise Program Plan for the Boundary County Airport. Commissioner Cossairt second. Motion passed unanimously.
1:30 p.m., Michael Listman with Techpartner joined the meeting to discuss matters pertaining to the county’s website. Clerk Poston informed Mr. Listman of issues her office experienced when trying to post election results online. Chairman Dinning asked Mr. Listman if county employees can post items on their webpages and Mr. Listman said yes, adding it just takes education. Mr. Listman said if it’s something that’s done infrequently, the process may get forgotten. Commissioners asked Mr. Listman could be available in the evenings on election nights? Mr. Listman said yes.
The meeting with Mr. Listman ended at 1:38 p.m.
Commissioners tended to administrative duties.
Those present discussed tracking mileage for county related travel.
Chief Deputy Clerk Tracie Isaac briefly joined the meeting at 2:30 p.m.
Commissioner Kirby and Chief Deputy Clerk Isaac left the meeting at 2:40 p.m.
Clerk Poston left the meeting at 2:50 p.m.
3:05 p.m., Clerk Glenda Poston and Chief Deputy Clerk Tracie Isaac returned to the meeting to discuss a personnel matter with Commissioners.
There being no further business, the meeting adjourned at 3:30 p.m.
***Tuesday, April 02, 2019, at 10:00 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 Cossairt moved to approve family medical leave for a county employee. Commissioner Kirby second. Motion passed unanimously.
9:55 a.m., Eric Lederhos, Mat Surprenant and Valerie Surprenant with E.L. Automation joined the meeting.
10:00 a.m., Boundary Economic Development Council (EDC) Director Dennis Weed joined the meeting to provide Commissioners with an update on Economic Development projects.
Mr. Weed stated that the City Council for Moyie Springs voted to go out for a bond for the sewer project and they also voted to have Keller Associates Engineering continue with a time and materials contract and for Susan Kiebert to work on public involvement. There will be two meetings and the Moyie Springs City Council will set up informational references in Moyie Springs City Hall from 4:00 p.m. to 7:00 p.m. A meeting will take place the week of April 15th with another meeting taking place one week prior to the bond election. Mr. Weed mentioned the Department of Environmental Quality is looking into final approval of loan forgiveness in the amount of $600,000. The bond will state the amount of $3,500,000 with a contingency, but the United States Department of Agriculture and Army Corps of Engineers will be approached about funding. Mr. Weed mentioned the Army Corps of Engineers has usually paid for half of what is remaining. Commissioners updated Mr. Lederhos on the sewer study project and various questions were raised. Mr. Surprenant asked if residents will be forced to hook on and Commissioners’ response was that this project is not at that point yet. Clerk Poston mentioned that all items promoting this project will have to be removed from the polling sites, such as City Hall. Chairman Dinning said there is also new legislation out so the Moyie City Council cannot promote this project. Mr. Weed said the informational boards consist of the project facts only.
Mr. Weed said Verizon turned their signals back up. There had been a lot of complaints about a poor signal by the golf course. Chairman Dinning said calls are still getting dropped a bit. Mr. Weed said heading south in the area of the golf course is fine, but he’s had calls dropped as he heads north. Mr. Lederhos said if you’re on the margin, one side of the road or the trees makes a difference. Mr. Weed will he see if Verizon can turn their signal up more. Mr. Weed said T-Mobile is coming in and renting space from E.L. Automation on some of their towers and then putting up a tower of their own. Mr. Lederhos said he worked for Boundary County Translator and they’re putting something on the tower on Black Mountain and the new tower. T-Mobile had planned on going onto Burlington Northern’s guide tower, but now they may go onto the tower on Round Mountain. Mr. Weed said he would contact American Tower Corporation about their tower in Moyie Springs.
Mr. Weed said there are a couple of leads on the Shopko building and there has been another inquiry on the Akins Building.
Mr. Weed informed Commissioners he had Bill Jhueng with North Idaho College’s Small Business Development Center at the last EDC meeting and there were approximately 25 people at that meeting. For the next meeting, the Kootenai Tribe will discuss the hatchery and the river so the Tribe’s Fish and Wildlife Department Director Sue Ireland will be a speaker at the April 15th meeting that starts at noon.
Mr. Weed mentioned that Fatbeam is still coming in and getting hooked up. The local area network (LAN) will be hooked up by June 1 and they’re still working with a Canadian provider. The LAN will run between the school buildings, school district office and then down to Sandpoint by June 1st. Mr. Weed said going forward he will talk with internet service providers Intermax, WOW and E.L. Automation about getting anyone who wants to hook up to that fiber to any residence in the county who wants it. Most costs will be in the $3,000 to $6,000 range to get fiber to the house and that’s a normal fee. Either the homeowner can pay up front or some internet companies will provide financing to be paid off over a 10 to 15 year period. Mr. Weed explained the cost structure. Mr. Lederhos asked if WOW is coming up and Mr. Weed said yes.
Mr. Surprenant questioned running fiber, main trunks and internet service providers doing branches. Mr. Weed mentioned that WOW and Intermax is looking at running branches to the city. It’s up to the homeowners or whomever if they want the internet service provider, according to Mr. Weed. This is just through the county so the city will probably do something similar. Chairman Dinning said he has Frontier so would he have to change his email address? Mr. Surprenant said yes. It was said internet service providers will let you keep your email address by charging a small fee. Mr. Surprenant asked how it’s economically possible to run fiber to the county. Mr. Weed said if there are 10 to 15 homes or higher density neighborhoods, and if all residents want the service, it would be more economically feasible as the costs would be split. Chairman Dinning said the county will have no jurisdiction over this as it will be up to each individual homeowner. Mr. Lederhos said when looking at Mr. Weed’s position he’s read statements of dependability and in talking to Idaho Forest Group about getting Fatbeam there, but what about the provider that is servicing that location today? As county personnel there is a need to be careful of promoting one company over another and spending time that someone is paying to promote Fatbeam over Intermix, etc.
10:26 a.m., Doug Ladely and Blue Sky Broadcasting News Reporter Mike Brown joined the meeting.
Mr. Lederhos said there’s been little in promoting E.L. Automation, but he’s heard a lot about Fatbeam. E.L. Automation is doing a lot for the county, including buying 4H animals, etc., and when they get a customer it provides income for their employees and families, as opposed to promoting from outside of the community. Mr. Lederhos said there are benefits with E.L. Automation, such as dependability. They are as dependable as any of the other companies and will be more dependable. Mr. Lederhos said he has a 144 count fiber and they put it in a vault behind the Kootenai River Brewery and in a month or so, both alleys will have fiber if they want it. E.L. Automation is in the process of engineering to get fiber to homes in the county, etc. Mr. Lederhos added that he is not tooting his own horn, but his company is here and people should be looking at E.L. Automation. Also as far as looking at quotes, Mr. Lederhos said he’s not expecting special privileges, but he doesn’t think E.L. Automation should be promoted against. Mr. Weed said Idaho Forest Group, not him, had already spoken with Fatbeam. Mr. Weed said he has not spoken to them. Chairman Dinning said to Mr. Lederhos that Commissioners understand what he’s saying. Mr. Weed said it will be the people’s choice to use whichever company they want. Chairman Dinning said better communication will occur.
The meeting to discuss fiber and economic development matters ended at 10:33 a.m.
10:45 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to give the department report.
Mr. Skeen provided an updated list of delinquent accounts for customers owing funds to the landfill and Commissioners asked Mr. Skeen to make telephone calls to those customers. Mr. Skeen informed Commissioners that he will have a fire inspection done for the wood pile with the Department of Environmental Quality and Panhandle Health District. Mr. Skeen mentioned that he would still like to log the east side of the landfill property and keep a 200 foot buffer. Chairman Dinning said some time ago the county promised Pat Murphy, Francis Winey and Dave Winey what the plan would be. Mr. Skeen discussed leaving timber with the buffer.
Mr. Skeen questioned if the county charges churches for construction demolition debris. Commissioners asked Mr. Skeen if they’re being charged at this time and Mr. Skeen said no and he added that due the fire at the Catholic Church and having insurance, there was a charge. Chairman Dinning said the county needs to treat everyone equal and charge for construction demolition. Commissioners agreed.
Mr. Skeen relayed information on the original quote and invoices for repairs to the landfill compactor’s engine, transmission repairs, etc. Mr. Skeen said the radiator also needs to be resealed. Chairman Dinning asked if the county has received any billing statements for that claim and Mr. Skeen replied that with these invoices he can submit the claim, but above and beyond those invoices is the transportation/low boy fee. Chairman Dinning said we don’t yet have firm approval to burn the wood pile. Mr. Skeen said we do, but with this meeting he has with the Department of Environmental Quality and Panhandle Health District, it will be clarified what can be burned and other gray areas will be cleared up. Mr. Skeen said he will still have to work with air quality and still get a permit through the Idaho Department of Lands. Mr. Skeen informed Commissioners that Ellery Howard no longer works for JUB Engineering, but they will have a representative at the meeting.
Commissioners and Mr. Skeen briefly discussed holding off on the matter of installing a water line near the landfill.
Those present discussed the condition of the small excavator at the landfill. Mr. Skeen said that machine is working. There is another piece of equipment that needs work done to two cylinders, but it’s still getting used.
The meeting with Mr. Skeen ended at 10:54 a.m.
Commissioner Cossairt moved to sign the Certificate of Residency for Noah Walker. Commissioner Kirby second. Motion passed unanimously.
Commissioners tended to administrative duties.
11:30 a.m., Restorium Administrator Karlene Magee and Restorium Board Chairman Larry Hall joined the meeting at Commissioners’ request to discuss funds raised as a donation for repairs to be made to the Restorium’s kitchen. Also present were: Billie Krause, Merle Dinning, Judy Everhart, Loretta Hunsaker, Marty Martinez, Wilma DeVore, Jeannie Robinson, Mike Weland with Kootenai Valley Times, Denise Crichton, Nancy Johnston, Janis Kerby, Donna Jo Dirks, Deb Wood, Mel Wood, DJ Coleman, Dennis Johnson, Elizabeth Sloot, Barry Simmons, Elsie Hollenbeck, and Dick Hollenbeck.
Chairman Dinning informed those present that this meeting was not a public hearing, but is a meeting for Commissioners to meet with Mr. Hall and Ms. Magee. Commissioners want to make a few statements and will then discuss the disposition of funds. There will be no lambasting, according to Chairman Dinning.
Chairman Dinning explained that last summer the county received a quote to remodel the kitchen at the Restorium and Commissioners had agreed with that cost. The county’s fiscal year ends September 30th, which is the same as the federal government. Sometime in September Commissioners were made aware that BF Builders had wanted to do the kitchen remodel job this year, but it was winter and they were busy. Ms. Magee and Commissioners said that was fine. Chairman Dinning said toward the end of September Ms. Magee asked for a check to be written for the cost to do the remodel and Commissioners thought that could be done, but they checked with the county’s outside auditor and were informed that the county cannot pay for something in one year for something that won’t be done until the next year so they did not spend that money. That same money is in this current budget that we are in today. Chairman Dinning added that the next thing it’s January and Barry Simmons stopped by Commissioners’ Office and lets them know that money was raised for the Restorium, which is wonderful and Commissioners have no ill will toward Mr. Simmons, contrary to what information is out there. Mr. Simmons was under the impression that there was no money in the budget to pay for the kitchen repairs. Chairman Dinning said he recalls asking Mr. Simmons where he had heard that there was no money available and Mr. Simmons didn’t want to say. In December, Mr. Simmons had been at the Restorium and there was a perfect storm with all kinds of things such as washers and dryers that weren’t working, etc. Purchased out of the budget was a washer and dryer and the county had all the funds necessary to pay for the washer and dryer.
Chairman Dinning said Ms. Magee brought in a donation of $7,070 in cash and Commissioners had only one concern. The concern is that this community is a giving and trusting community and Commissioners, in no way, have inference to anything Mr. Simmons has done and we are appreciative of his graciousness, however, the donation was raised based on misinformation. Ms. Magee received the $7,070 and brought it to the Clerk’s Office and we have to account for the donation so it was put into an account. Commissioners had spoken to their civil attorney about the matter and we didn’t want to receive money under these conditions as they were represented. We want to keep the trust. There are misconceptions about how Commissioners feel about Mr. Simmons, according to Chairman Dinning. That is the timeline of what has occurred. Chairman Dinning said it would be similar to him telling someone he had an illness and the community would donate to him for that reason and then come to find out he was never sick. There is money to do what needed to be done at the Restorium. Commissioners want to protect the integrity of fundraising in the community.
Commissioner Cossairt said he really appreciates going back to the people who donated and hearing that no one wants their money back. He appreciates that.
Commissioner Kirby said he echoes Commissioner Cossairt’s statement. This was a nice piece of business and Commissioners really appreciate it, but it had been working under misinformation. The money to fix the kitchen was there one year and it was moved to the next year and it’s still there. The project is done and paid for. Chairman Dinning corrected Commissioner Kirby to clarify the county had not received the invoice to pay for the project yet. Boundary County ended up with $7,070 on the books and is saying this doesn’t look good. A lot of money raised went to the Friends of the Restorium. It behooves Commissioners not to take the money as it’s not needed. The reason for this money was to make up a deficiency that wasn’t there. The bills are paid and money was in the budget so it was decided the money that was raised should go back to the people who donated. Chairman Dinning said Commissioners can give the funds back to Mr. Simmons and he can give it to whomever or where he wants. Commissioner Kirby said we don’t want to know who it came from as the people who donated wish to remain anonymous. If they don’t want the funds back, that is fine, according to Chairman Dinning.
Commissioner Kirby moved to return the donated funds to Mr. Simmons to do what he sees fit. Commissioner Cossairt second. Motion passed unanimously.
The meeting ended at 11:44 a.m.
Commissioners recessed for lunch at 11:45 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. Also present was Supervisory Court Clerk Della Armstrong.
1:30 p.m., Public Defense Commission Executive Director Kathleen Eliott and Regional Coordinator Aaron Freudenthal joined the meeting.
Chairman Dinning voiced his appreciation of Ms. Eliott for reaching out and keeping those in District 1 notified on public defense matters. Mr. Freudenthal spoke of recently going over the annual review with Clerk Poston and he informed Commissioners that Boundary County did not have any issues adding, that on first glance the annual review looked fine. Those present discussed what to do about first appearances, etc. Chairman Dinning said Boundary County does have video capacity as well so we do have the ability to use that if need be. Lifesize is working great in the courtroom, according to Clerk Poston. Ms. Armstrong said the Lifesize system has been working clearly and it’s nice to have that capability. Chairman Dinning said it would save counties a lot of money if the Public Defense Commission could contract for one major subscription to Lifesize and then share with all counties that want to use it. Clerk Poston said we have two different systems; one in the Sheriff’s Office and there is also a camera in court. The cost is approximately $650 annually for each system. Clerk Poston said if everyone used the same system, at least it’s more user friendly.
Ms. Eliott said she’s been talking with the Idaho Supreme Court about the Odyssey program and their case management for attorneys to see if they can roll out this program. The program is to be free due to licensure, but in fact the county would have to pay storage and conversion fees so that’s being discussed now with the institutional offices first as to how to institute this. Ms. Armstrong said there is a concern with speed and reliability as it’s not a court product. It’s just not user friendly, according to Ms. Armstrong. Ms. Eliott said she heard State Court Administrative Director Sara Thomas speak and Idaho is now the 14th state using this program. Tyler Technologies has 60% of all courts in the country using their program. Tyler Technologies’ version of the state repository has been such a nightmare that they’re thinking of going to another system. Justware is another completely different system, according to Ms. Eliott, and she’s looking into costs before counties buy the program. Ms. Eliott said some counties are using products from the 1980s.
Mr. Freudenthal said for review materials the workload standards are coming out and it looks to be set to pass. Boundary County’s attorneys are fine with their workloads and the loads are also fine for the two attorneys who contract with Bonner County, according to Mr. Freudenthal. There is also another new rule for reporting and it just requires the use of a specific form and the information is broken down per attorney; not by firm.
The Public Defense Commission grant forms are due by May 1, 2019. The Commission will go back and calculate the local share, look at what’s spent in last five years and then choose the median. The Commission is limited by statute to 15%, which is $25,000. That cap expires this summer so 20% might be considered, which is $28,000. Mr. Freudenthal said the Public Defense Commission received a lot more funding at a little more than $10,000,000.
Ms. Eliott provided an update for Commissioner Cossairt on why the Public Defense Commission was formed. Ms. Eliott said it’s the state’s responsibility to provide public defense, but in 1967 the Idaho legislature put the responsibility onto the county. Ms. Eliott said the Public Defense Commission is not top heavy and it’s not wanting to be an enforcement mechanism as opposed to being able to help counties get where they need to go. The Public Defense Commission trains lawyers as well. In year 2020, the Public Defense Commission is hoping to start a school just for public defenders so when they’re done with training they will know how to be a trial lawyer, etc. What Idaho has done in last few years is exceptional. We have gone from counties bearing all the brunt and not getting assistance to fiscal year 2020 and the legislature is giving $12,000,000 and 94% will pass through to the counties. Ms. Eliott said being a trial lawyer some time ago and what she did back then is now laughable as a lot of progress has been made. Idaho has a system they can be proud of and it’s a unique system and we’re really leading now. The Public Defense Commission said if the legislature doesn’t fund requirements; we don’t have to comply.
Commissioner Cossairt asked what happens if the public defenders who contract between Bonner and Boundary Counties go over their case load. Mr. Freudenthal said the Commission will meet and if they come across the issue, they’ll call it a deficiency, either willful or unwillful. A willful deficiency would affect grant funding, but an unwillful deficiency won’t. It’s hard to have a willful deficiency, according to Mr. Freudenthal. Boundary County has done a lot to make sure they are doing what they need to do. The biggest issue for Boundary County is getting attorneys to come and work here.
Those present discussed financial issues. Ms. Eliott spoke of the cost of student loan debt. There is no mentoring system and the old firm structure is collapsing. Mr. Freudenthal discussed looking into loan debt forgiveness and he said there isn’t anything for contract attorneys. Ms. Eliott spoke of the merge incentive grant that is available and how there has only been two merges. Whatever the grant amount is there would be an additional $25,000 for offices that merge. Ms. Eliott discussed the need to provide education and the same resources to public defenders as is provided to prosecutors. Chairman Dinning said he did talk to Boundary County’s public defenders to make sure they have the resources they need, etc.
Ms. Eliott said the Commission has been challenged to get rid of rules that are not needed and to make sure the rules and standards are written clearly.
The meeting with Ms. Eliott and Mr. Freudenthal ended at 2:57 p.m.
Treasurer Sue Larson joined the meeting at 3:00 p.m.
Commissioner Cossairt moved to adopt Resolution 2019-11. A resolution authorizing the transfer of excess sale proceeds to the State Treasurer pursuant to Idaho Code §31-808. Commissioner Kirby second. Motion passed unanimously. Resolution 2019-11 reads as follows:
RESOLUTION #2019-11
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 2nd day of April, 2019.
ADOPTED as Resolution of the Board of County Commissioners of Boundary County, Idaho upon a majority vote on the 2nd day of April, 2019.
BOARD OF BOUNDARY COUNTY COMMISSIONERS
s/__________________________________
Dan Dinning, Chairman
s/__________________________________
Wally Cossairt, Commissioner
s/___________________________________
Walt Kirby, Commissioner
Attest: Glenda Poston
BY s/_________________________________
Clerk
Recorded as instrument #277328
Clerk’s Note: See original resolution for Exhibit “A” and Exhibit “B”
Commissioner Kirby left the meeting at 3:20 p.m.
There being no further business, the meeting adjourned.
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DAN R. DINNING, Chairman
ATTEST:
______________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk