Boundary County Commission minutes, September 14-15

***Monday, September 14, 2020, at 9:00 a.m., Commissioners met with Chairman Dan Dinning (via conference call), Commissioner Wally Cossairt, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Commissioner Walt Kirby was out of the office tending to personal matters.

Road and Bridge Department Co-Superintendent Renee Nelson joined the meeting to give the department report. A written report was presented.

Commissioner Cossairt moved to amend the agenda for today at 11:30 a.m., to include the discussion and motion regarding the Emergency Management Program Grant (EMPG) supplemental grant application as it is a time sensitive matter. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Cossairt moved to amend a prior motion made on Tuesday, September 8, 2020, authorizing the Chairman to sign any and all documents associated with the State of Idaho CARES Act Broadband Grant to state that Commissioner Wally Cossairt is also authorized to sign any and all documents associated with the State of Idaho CARES Act Broadband grant. Chairman Dinning yielded the chair to second. Motion passed unanimously.

9:03 a.m., Ms. Nelson provided the department report. Ms. Nelson spoke of drainage issues on Sunrise Road and she said HMH Engineering will do a scope of work, but suggested locating prior permits on drainage for this road.

Ms. Nelson said she wanted to get a feel on where the county stands on no parking along county roads. The no parking signs were put up along Tobe Way so cars can no longer park in the bike lane, but they’ve started parking on the other side of the road and Ms. Nelson said she doesn’t know if she can say anything. Chairman Dinning said right now this is public property and if parking along the road creates a hazard, law enforcement can get involved. Commissioner Cossairt said the county got Tobe Way taken care of so we will just sit back. Commissioner Cossairt added that with there being yard sales and family gatherings the roads are narrowed for a short time so as long as it’s not creating a hazard.

Ms. Nelson said in the Road and Bridge budget there is $46,400.00 for the purpose of putting a roof coating on the main big roof of the original Road and Bridge shop building as the tin was leaking in several spots. That quote is almost two years old and there are pieces of tin that you can almost put your hand through now. Ms. Nelson said she did some regrouping and they came up with a way to go through the inside of the building to make repairs so they’re getting a quote for just the tin. The quote for tin was approximately $14,229.00 and Ms. Nelson said she would like to purchase the tin and Road and Bridge can replace the tin themselves when they’re able to. It would be a waste of money to put the coating on the roof as it is if it’s not going to stay. Ms. Nelson said the price is for the tin, gable tin, ridge cap, all screws and lumber. Chairman Dinning asked if the price will drop through the winter and Ms. Nelson said they called Pro X, Badger Building Supply and Larson’s out of Troy, Montana and were told prices will start increasing soon. Materials are approximately one or two weeks out due to the amount of construction. Roof coating and repairs was budgeted at $46,400.00 so this is approximately $30,000.00 less and it was budgeted for this year; not next year. Chairman Dinning and Commissioner Cossairt have no problems with the purchase.

Ms. Nelson informed Commissioners that she received an offer for a grader from one of the other manufacturers so she would like to continue the discussion of a piggyback bid to next Monday because the bids were not comparing apples and apples. Ms. Nelson said it seems that if we take the one grader, we would own and trade it in on another grader and we will still have full equity in one grader. With the second offer, if we take the funds for the one grader and spread it between the two, that equity is used as the first payment, but you are losing equity at the end because it’s splitting the funds between the two graders. Ms. Nelson commented that she will get quotes for different scenarios. The plan to get one grader this year, a second one the next year and then a third grader the following year may be delayed. Chairman Dinning said we need to see where we’re going with the budget before committing to this purchase. Ms. Nelson informed Commissioners that Boundary Community Hospital, Boundary County School District and other highway districts are already members of this other manufacturer and it’s a government only pricing program, but it’s different than the General Services Administration (GSA).

Ms. Nelson questioned what will be needed for Commissioners when she brings a request for a variance to the Road Standards Ordinance. Ms. Nelson mentioned the Road Naming Ordinance amendments that need to be done and she commented that the process to update this ordinance has started. Road and Bridge received three calls for addresses last week and the people requesting the address stated they need to have an address for voting, which has not been brought up to Road and Bridge before. Clerk Poston suggesting checking with her election staff on how that’s handled. Ms. Nelson stated in the Road Naming Ordinance it says that for a private road to be named, three or more properties are to be accessed. Apparently in year 2016, County Mapper Olivia Drake and the Planning and Zoning Administrator at the time were told that if the same property owner owns two of the parcels and the third ownership is different, then the private road doesn’t need a name. There was this same situation in Moyie Springs and it affected the response of emergency services.

Chairman Dinning informed Ms. Nelson that county resident Ripley Comegys stopped by Commissioners’ Office last week and mentioned the need for gravel near the railroad crossing in the vicinity of Snow Creek. Ms. Nelson said she would contact Mr. Comegys about the work that was done there recently.

9:36 a.m., County Civil Attorney Tevis Hull joined the meeting via conference call.

9:38 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. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. The executive session ended at 10:00 a.m. No action was taken.

The call with Attorney Hull ended. Ms. Nelson left the meeting.

10:00 a.m., Shawn Shanklin and Scott Dempsey representing Hilt Venture Capital, LLC., Boundary County Airport Manager Dave Parker, Boundary County Airport Board Chairman Jay Wages, and Airport Board Member Pat Gardiner joined the meeting.

Mr. Parker discussed the snow removal equipment building and informed Commissioners that it had been designed for metal, but now the walls will have metal up to eight feet then it will be vapor barrier. Changes will also be made to the gutters, etc., and if more room is needed, the wing area can be extended.

Mr. Parker mentioned the new owner of Hangar C-2 has inquired about the ability to rent out the hangar. Mr. Parker added that this person will update their lease when they get their limited liability status.

Mr. Shanklin introduced himself and Mr. Dempsey to those present and he informed Commissioners that he is representing his client who is looking to build a drive through hangar. A diagram of the proposed hangar site was provided and the directions for taxiing in and out was explained. Mr. Shanklin briefly reviewed the General Operations, Part 91 of the Code of Federal Regulations and he commented his client would just be bringing in friends and family and he added that there’s been general discussions with Mr. Wages, Mr. Parker and Trey Dail with T-O Engineering and this use does fit. There might not be an issue with the hangar, but there might be a problem with fuel as his operation is 24/7, 365. Mr. Shanklin said what is being proposed is a heated, climate controlled hangar. There will be a water/fuel separator, leach line, etc. The hangar is to be 100 feet by 100 feet with an attached garage. The client needs his own independent fuel supply and they have a 12,000 gallon Environmental Protection Agency (EPA) approved fuel tank that runs off electricity. The existing gas pump at the airport is too far as far as towing a 31,000 pound airplane, according to Mr. Shanklin. Mr. Shanklin said they’re looking for Commissioners’ approval of the proposal and if they can put in their own independent fuel operation for use during the winter. The reasoning for this is due to being a 12 month operation, they need to have fuel at the ready at all times. Mr. Wages said they had also discussed a fuel truck. It was said that Mr. Parker had offered to purchase a truck to see if they could make that work. Winter usage was discussed and Mr. Wages said Boundary County’s airport doesn’t have the manpower to keep the runway open such as the Coeur d’ Alene Airport does. Mr. Shanklin said his remedy is to let Mr. Parker know a head of time. Mr. Gardiner asked Mr. Shanklin if this separate fuel source is for his own use only. Mr. Shanklin said yes. Mr. Gardiner questioned if the county would be getting its fair share of fuel sales. Mr. Shanklin clarified that he would also be using the fuel at the airport. Mr. Shanklin commented that if necessary, a flow fee would not be out of question.

Mr. Shanklin spoke of the tax base his client would be bringing in and he added that this is a federally funded airport in which grants are sought after and approved. There is an obligation for this project to proceed and he has the Code of Federal Regulations in hand. This hangar is for private use and this falls under federal guidelines for people doing what he’s doing. Mr. Shanklin read the rules into the record and referred to sections of the Code of Federal Regulations, commenting that this includes self fueling activities in conformance with the sponsor’s regulations and the sponsor is the county. The federal government says he’s allowed to pursue what he is pursuing. Chairman Dinning asked if Mr. Parker has reached out to the Federal Aviation Administration (FAA) to get guidance. Mr. Parker said no, but he’s reached out to other airports. Chairman Dinning said we don’t know from the FAA’s standpoint for sure that we can allow this or not so he would like that conversation to occur. Chairman Dinning added that the other issue he’s thinking about is if all of the land that is going to be used for the hangar, additional garage and the leach field is going to be included in the lease agreement and will any of that impact additional spaces for other hangars. Mr. Shanklin said yes, these areas are all factored in and they’re paying the lease fee on all of that property, not just the two portions. Chairman Dinning asked if there is plenty of taxiway space so not to impact the ability to build on the other lots and he added that what should occur is to contact the FAA to make sure this project is allowable so as not to get crossways with them. Chairman Dinning commented that Trey Dail with T-O Engineering had represented that this project meets the county’s plan, but Commissioners want to make sure that is also the case with the FAA. Chairman Dinning asked if the runway can support the weight of this plane. Mr. Parker said yes, the runway is capable of handling even heavier aircraft. Mr. Shanklin said in year 2023, it’s anticipated that the runway will be extended and his client will get a slightly larger jet. Chairman Dinning clarified that the runway expansion is a just wish list as it’s a big expense for the county. Mr. Shanklin replied that he was not aware of that, but if and when the expansion happens, they would step up to the next size jet.

Mr. Dempsey questioned if the county is content with the hangar as far as the footprint of the structure itself. Mr. Wages said he doesn’t think there is any issue with the hangar. Mr. Parker said they’ve looked at the footprint pretty well and he thinks the site is good and he doesn’t see a negative with the site as long as the FAA approves as well. Mr. Dempsey said Mr. Dail said it’s an ideal site for the airport. The meeting to discuss a new hangar and fuel tank will continue on Monday, September 21, 2020 at 1:30 p.m.

The meeting to discuss a proposed hangar ended at 10:32 a.m.

10:40 a.m., Courthouse Maintenance John Buckley joined the meeting for the discussion of quotes for a water tank for the armory. Chairman Dinning mentioned an on demand system with an electric or gas water heater and he said if Commissioners just put in a regular water tank with gas, the only thing they would be looking at is a recirculating pump to have hot water at those locations and that is what he thinks would be needed. Mr. Buckley said he would reach out to Cool-It to ask about the cost of the tank and recirculating pump. Clerk Poston asked about putting in a hot water tank for now. Mr. Buckley said the easiest and cheapest way is a 50 gallon gas water heater.

Mr. Buckley left the meeting.

Chief Deputy Clerk Nancy Ryals joined the meeting at 10:50 a.m.

10:52 a.m., Commissioner Cossairt moved to go into closed session pursuant to Idaho Code 31-874. Chairman Dinning yielded the chair to second. Motion passed unanimously. 11:02 a.m., Commissioner Cossairt moved to go out of closed session. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Cossairt moved to accept the assignment to the Catastrophic Health Care Program on indigent account 2019-29 in the amount of 19%. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Chief Deputy Clerk Ryals left the meeting at 11:02 a.m.

11:03 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting.

Ms. Magee informed Commissioners the Restorium currently has 32 residents and they just took in a new resident. Ms. Magee reviewed the Restorium report to include hours worked, fulltime staff average, billed amount for rooms, Medicaid resident percentage, the number of residents on Medicaid, anticipated and actual Medicaid rent received, room and board received, accounts receivable over 30 days, expenses including and excluding payroll, and food per person per day. Clerk Poston gave a reminder about approaching the end of the year in relation to budget. Commissioner Cossairt commented on the food costs decreasing. Ms. Magee said she’s had a few calls from people interested in coming to the Restorium.

Chairman Dinning said if our area starts seeing more COVID-19 cases, would Ms. Magee anticipate not accepting new residents. Ms. Magee commented that if there is a case of COVID-19 in the Restorium, she cannot admit any new residents. There are testing guidelines based on the percentage of COVID-19 cases in the community. Residents are responsible for the cost of testing, according to Ms. Magee.

Ms. Magee said her last conversation with Bee Safe was in August letting her know they were having issues getting all of the product needed for the alarm system.

The meeting with Ms. Magee and Ms. Lane ended at 11:15 a.m.

Commissioners reviewed claims for payment. Fund totals are as follows:

Current Expense                                             $    126,979.31

Road & Bridge                                                       327,167.67

Airport                                                                        10,224.74

District Court                                                              2,105.41

Justice Fund                                                               31,281.23

911 Funds                                                                   10,118.23

Indigent & Charity                                                   13,367.14

Parks and Recreation                                               6,757.94

Revaluation                                                                     113.98

Solid Waste                                                                75,329.97

Tort                                                                                 1,500.00

Veterans Memorial                                                       153.76

Weeds                                                                            1,282.79

Restorium                                                                  16,269.48

Snowmobile                                                                 3,000.00

Waterways                                                                       392.57

Grant, Airport                                                           28,907.13

Grant, Selkirk Coop Weed Mgmt                       20,000.00

Grant, Boat Safety                                                         168.61

Grant, Fire Mitigation                                            58,462.49

TOTAL                                         $733,582.45                                                                     

Trusts

Auditor’s Trust                                                         64,500.15

Boundary Co. Drug Court Trust                                127.35

Driver’s License Trust                                               7,185.50

Motor Vehicle Trust                                             196,271.86

Insurance Reimbursement Trust                             788.90

Sheriff’s Trust Fund                                                      823.00

Odyssey Court Trust Account                             25,482.45

Odyssey Restitution Trust Acct                             2,602.71

                                TOTAL                                     $297,781.92

                                GRAND TOTAL                $1,031,364.37

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2019-2020).

11:23 a.m., Boundary County Emergency Manager Andrew O’Neel joined the meeting to discuss a time sensitive matter regarding a grant opportunity through the Emergency Management Program.

Mr. O’Neel discussed alternate COVID-19 testing locations if needed. Mr. O’Neel informed Commissioners that a high school student tested positive for COVID-19 and now another 16 year old has tested positive. The schools are closed today and tomorrow for cleaning and contact tracing. Panhandle Health District is still categorizing Boundary County as minimal risk for COVID-19 based on the number of new cases, positivity rate and other factors.

Mr. O’Neel said Idaho Office of Emergency Management Local Area Field Officer Jay Baker notified him of a grant opportunity through the Emergency Management Program Supplemental grant. The Emergency Management Program Grant (EMPG) is a grant that funds the emergency management position, but this supplemental portion is funding dedicated to emergency management that only pertains to COVID-19. Mr. Baker had said if the county can use the supplemental grant to fund the emergency manager’s salary and benefits for the upcoming year, the regular grant funds can be used for something else and since a new vehicle is needed for emergency management, the funds might be used for that purpose, but guidelines are coming out so he will see what that says. Allowable costs for use of the EMPG funds is personnel, salary, compensatory time, associated fringe benefits and that is where Mr. Baker saw that funds could be used for emergency management for the upcoming year. In talking with Clerk Poston the budget doesn’t support the expenditure of a vehicle so the county would have to fund 50% of the cost share that is currently not identified in the budget. This grant has a quick turnaround and the application is due sometime around the first week of October, according to Mr. O’Neel. Even though this expenditure wasn’t planned for, it’s a good opportunity if we can make it work somehow. Mr. O’Neel listed a few smaller SUV types of vehicles that are available and what those costs range. Mr. O’Neel provided a breakdown of what the regular EMPG and EMPG COVID-19 Supplemental grant funds could be used for and he said he doesn’t know if the COVID-19 supplemental funds can pay for his benefits 100% or if it’s just the percentage of time spent on COVID-19. Chairman Dinning asked when the grant is due and Mr. O’ Neel said a couple of weeks. Chairman Dinning said in the other CARES Act grant for emergency responders it said to assume all wages and benefits were COVID-19 related so guidance may be similar in this program as well. Clerk Poston said Mr. O’Neel is a part of the GPSGI program so what happens as far as that goes. Chairman Dinning said this is a supplemental grant. As a county, we didn’t receive any benefit through that program; the taxpayers did. Commissioners and Mr. O’Neel will continue their conversation on this grant next week.

The meeting with Mr. O’Neel ended at 11:50 a.m.

Commissioner Cossairt moved to approve the new private road name of Angels Way. Commissioner Cossairt second. Motion passed unanimously.

Commissioners and Clerk Poston discussed hospital insurance coverage. The county’s insurance premium is being reduced for the payroll portion of the hospital. Clerk Poston said Idaho Counties Risk Management Program (ICRMP) has not received anything from Lloyd’s of London as far as a certificate of insurance for the hospital. Clerk Poston said Commissioners might want to send an email to the county’s insurance agent Darrell Kerby and Boundary Community Hospital Chief Executive Officer Preston Becker informing them that as of October 1st the county is not duplicating coverage of services. Chairman Dinning suggested sending information to Mr. Kerby first as he will know if there is a hitch to get more information before contacting Mr. Becker.

Commissioners recessed for lunch at 11:56 a.m.

1:30 p.m., commissioners reconvened for the afternoon session with Chairman Dan Dinning (via conference call), Commissioner Wally Cossairt, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Commissioners held a continuation of the public hearing to consider proposed changes to the county’s Land Use Ordinance 9B18LOV2. Present were: Present were: Chairman Dan Dinning (via conference call), Commissioner Wally Cossairt, Deputy Clerk Michelle Rohrwasser, and Planning and Zoning Office Administrator John Moss; and the following members of the public: Doug McClure, Wayne Bates, John Keller, Elizabeth Nicholas, and John Poland. The hearing was recorded.

It was explained that this is a continuation of the public hearing to consider changes to Boundary County Land Use Ordinance 9B18LOV2. The Commissioners had approved the portion of the ordinance pertaining to urban subdivisions and also reviewed other proposed changes to other sections of the ordinance. Mr. Moss provided Commissioners with changes to Section 11 in its entirety, relating to urban subdivisions, including definitions, community water, private wells, will serve letters, etc. Commissioners had discussed Sections 11.3., 11.3.2.1, 11.3.2., 11.3.2.4., 11.3.2.5., and 11.3.6.2, pertaining to roads being built to standards, will serve letters to each lot, electrical service, and definitions. Each section was reiterated for urban subdivisions. Mr. Moss said the reason for so much change is so that each subdivision can say the same thing and be consistent. The biggest change pertained to urban subdivisions.

Chairman Dinning said regarding utilities in Section 15.3., this section pertains to light use and proposed utility use was not distributed. This adoption will allow addressing a property for utilities without having to build a house. Commissioner Cossairt agreed. Chairman Dinning said another change is changing verbiage from County Clerk to County Recorder. Mr. Moss said several portions in the ordinance refer to County Clerk instead of County Recorder.

Chairman Dinning said there is a great need for something to control junkyards. There appears to be certain abuses and what Boundary County has in place doesn’t address this issue. Chairman Dinning said Commissioners are leaning toward having the Planning and Zoning Commission re-review this chapter with the County Prosecutor so we have something that is bulletproof and that also meets the needs of the community as there are enforcement issues. Mr. Moss said the Planning and Zoning Commission is going to have a workshop this Thursday to discuss this matter.

Chairman Dinning questioned if Commissioners should approve the sections on urban subdivisions and the utility issue. The rest of this has consisted of issues of excess storage. Mr. Moss said Section 11, the matter of utilities, and changing the word County Clerk to County Recorder were approved changes. Commissioner Cossairt agreed. Chairman Dinning apologized for the length of time this process has taken, but circumstances didn’t allow for a faster process. Mr. Moss said Commissioners should approve Application 19-177 for the changes approved and deny everything else and to have the Planning and Zoning Commission re-review and submit a new application for all other proposed changes. Chairman Dinning commented that Section 11 would be approved and 11.3., referring to utilities for subdivisions, and there is approval to change the term County Clerk to County Recorder throughout the document.

Commissioner Cossairt moved to approve the changes in Sections 15, 11, and 11.3., to change the language to refer to County Recorder instead of County Clerk in Application 19-177, and to deny the remaining proposed changes in this application.

Commissioner Cossairt amended his prior motion and move to approve Section 11.3., all of Section 15, change the term Clerk to Recorder, deny the balance of proposed changes for Planning and Zoning Application #19-177, and to send the document back to Planning and Zoning Commission. Chairman Dinning yielded the chair to second. Motion passed unanimously.

The hearing to consider proposed changes to Boundary County Land Use Ordinance 9B18LOV2 ended at 1:55 p.m.

There being no further business, the meeting adjourned at 1:55 p.m.

/s/

DAN R. DINNING, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk

 

 

 

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