***Monday, February 5, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners said the Pledge of Allegiance.
9:00 a.m., Courthouse Maintenance Squire Fields joined the meeting to give the department report and he reported on the tasks he’s working on for various offices. Mr. Fields mentioned that the plow has been installed on the truck. There is moisture in the Courthouse attic above the courtroom, so after it dries out, Mr. Fields will look into it. Commissioner Cossairt mentioned that Restorium Maintenance Kevin Schnuerle may be able to use the maintenance truck that Mr. Fields no longer uses.
Boundary County Snowmobile Board Chairman Dave Wenk joined the meeting a 9:01 a.m.
Mr. Fields discussed finishing up the remodel of the office space to be used by Planning and Zoning and the Addressing Coordinator, and he spoke of the request to repaint the Prosecutor’s Office and do minor maintenance at the Extension Office.
The meeting with Mr. Fields ended at 9:04 a.m.
Mr. Wenk provided Commissioners with Boundary County Trail Grooming Volunteer Agreements for Commissioners’ signature.
Mr. Wenk left the meeting at 9:05 a.m.
9:18 a.m., Prosecutor Andrakay Pluid and County Civil Attorney Bill Wilson joined the meeting. Attorney Wilson introduced himself to Commissioners and provided some background.
The meeting with Prosecutor Pluid and Attorney Wilson ended at 9:51 a.m.
10:00 a.m., Solid Waste Department Superintendent Richard Jenkins joined the meeting to give the department report. Mr. Jenkins covered topics of discussion as listed in his written report.
10:06 a.m., Personnel Director Pam Barton joined the meeting.
Mr. Jenkins discussed the Kootenai Tribe’s proposed compost recycling program to be done at the landfill. Commissioners said the program has been put off until June. Mr. Jenkins said he’s been asked to attend planning meetings for this project and Commissioners agreed that they need more details.
Mr. Jenkins requested the ability to hire a temporary employee who could cover shifts at the rural sites when the regular rural site monitors take time off. A temporary employee would not fall under Public Employees Retirement System of Idaho (PERSI). Using a temporary employee won’t increase his budget, but instead will actually decrease it.
10:13 a.m., Commissioner Robertson 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, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need; and 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 Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 10:27 a.m. No action was taken.
The meeting with Mr. Jenkins ended at 10:27 a.m.
10:30 a.m., Chief Probation Officer Alisa Walker joined the meeting to give the department report. Ms. Walker spoke of participating in ICRMP training courses, having new window blinds installed, painting the office, case load work, drafting standard operating procedures, and community service options.
The meeting with Ms. Walker ended at 11:00 a.m.
11:30 a.m., Economic Development Council (EDC) Director David Sims joined the meeting to give an update on various EDC matters, such as the Broadband Equity Access and Deployment Program (BEAD), various grant opportunities, the Moyie Springs sewer project, the Naples Bridge grant and requesting support letters. Commissioners and Mr. Sims discussed unemployment levels in the county versus the number of people in the workforce. The number of people moving to the area exceeds available jobs. Mr. Sims said there has been an increase in food bank demands.
The meeting with Mr. Sims ended at 11:25 a.m.
Commissioner Cossairt moved to approve the minutes from the January 18, 2024, town hall meeting. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2023-61a (arpa). A resolution of Boundary County regarding ARPA Appropriation to Boundary County, to correct a wrong claim number. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-61a (arpa) reads as follows:
RESOLUTION 2023-61a ARPA “Correct for a wrong claim number
Boundary County
ARPA Appropriation to Boundary County
WHEREAS, Boundary County has received ARPA funds to be used in payment, among other things, for Covid related expenses, and
WHEREAS, Boundary County has received $2,378,448.00 from the American Rescue Plan Act (ARPA)
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to aid with the needs and improvements to the Boundary County Community Restorium, an elder care facility for a total amount of $144,057.34
WHEREAS, the addition or distribution of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to release the funds for the project completed by the following in the amount of $144,057.34 for the improvements to the Restorium
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $144,057.34 is to be disbursed from the ARPA General Account #0107, these funds shall then be remitted to Carpet One in the amount of $51,925.23 claim #2023-3005, 3693, 4094, Bonners Ferry Builders in the amount of $53,506.08 claim #4093 and JV 2023-440 , Point Click Care in the amount of $7000.00 Claim No. 2023-2816, $668.03 claim #2023-3737, Formula Fabrication $30,958.00 claim #2023-3739.
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.
DATED this 5th day of February, 2024
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Tim Bertling, Chairman
s/___________________________
Wally Cossairt, Commissioner
s/___________________________
Ben Robertson, Commissioner
ATTEST:
s/______________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #296412
Commissioner Cossairt moved to adopt Resolution 2024-17. A resolution for Boundary County, ARPA appropriation to Boundary County for the final architectural work for Park and Rec. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-17 reads as follows:
RESOLUTION 2024-17
Boundary County
ARPA Appropriation to Boundary County
Final Architectural Work for Park & Rec
WHEREAS, Boundary County has received ARPA funds to be used in payment, among other things, for Covid related expenses, and
WHEREAS, Boundary County has received $2,378,448.00 from the American Rescue Plan Act (ARPA)
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to improve the final phase of design for the tennis courts at the Parks within Boundary County.
WHEREAS, the addition or distribution of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to release the funds for the final design work to Longwell Trapp for the tennis court design in the amount of $3,053.60
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $3,053.60 is to be disbursed from the ARPA General Account #0107, these funds shall then be remitted to Longwell Trapp in the amount of $3,053.60 claim #2024-511
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.
DATED this 5th day of February, 2024.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Tim Bertling, Chairman
s/___________________________
Wally Cossairt, Commissioner
s/____________________________
Ben Robertson, Commissioner
ATTEST:
s/_____________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #296413
Commissioner Cossairt moved to adopt Resolution 2024-18. A resolution regarding the Justice Fund Sheriff Budget, Authorizing Cash from the Opioid Fund to the Justice Fund. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-18 reads as follows:
RESOLUTION 2024-18
JUSTICE FUND SHERIFF BUDGET
Authorizing Cash from Opioid Fund to Justice Fund
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Justice Fund Sheriff Budget for fiscal year 2023-2024, and
WHEREAS, Boundary County has received Opioid settlement funds and will continue to receive funds from the National Opioid Settlement for the next 15 years, and
WHEREAS, Boundary County has deemed it in the best interest of the county to use a portion of the funds yearly to help offset costs for a School Resource Officer. Boundary County Justice Fund is anticipated to receive this revenue for fiscal year 2023-2024, and
WHEREAS, the addition of this revenue was anticipated for the budget year of 2023-2024 and does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to write a claim from Fund #105 to the Boundary County Justice Fund in the amount of $25,000.00, which represents the Budget Year 2023-2024 scheduled revenue from the Opioid Funds, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried, and
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account and is anticipated as so noted in the 2023-2024 budget, 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.
DATED this 5th day of Feb. 2024
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_______________________
Tim Bertling, Chairman
s/________________________
Wally Cossairt, Commissioner
s/________________________
Ben Robertson, Commissioner
ATTEST:
s/
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #296414
Commissioner Cossairt moved to adopt Resolution 2024-19 (arpa). A resolution for Boundary County, ARPA Appropriation to Boundary County for Phase #1 and #2 of Property Purchase. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-19 (arpa) reads as follows:
RESOLUTION 2024-19
Boundary County
ARPA Appropriation to Boundary County
Phase #1 and 2 of Property Purchase
WHEREAS, Boundary County has received ARPA funds to be used in payment, among other things, for Covid related expenses, and
WHEREAS, Boundary County has received $2,378,448.00 from the American Rescue Plan Act (ARPA)
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to improve the office and court facilities for Boundary County
WHEREAS, the addition or distribution of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to release the funds for the 1st and 2nd phase of property purchase for Boundary County
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $52,500.00 is to be disbursed from the ARPA General Account #0107, these funds shall then be remitted to Carter Appraisal in the amount of $2500.00 and to Alliance Title in the amount of $50,000.00 claim #2023-4606 and 2024-942
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.
DATED this 5th day of February, 2024
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Tim Bertling, Chairman
s/___________________________
Wally Cossairt, Commissioner
s/___________________________
Ben Robertson, Commissioner
ATTEST:
s/_____________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #296415
Commissioner Cossairt moved to adopt resolution 2024-20 (arpa). A resolution for Boundary County, ARPA Appropriation to Boundary County for Outdoor Water Fountains for Parks/Rec and Fairgrounds. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-20 (arpa) reads as follows:
RESOLUTION 2024-20
Boundary County
ARPA Appropriation to Boundary County
Outdoor Water Fountains for Parks/Rec and Fairgrounds
WHEREAS, Boundary County has received ARPA funds to be used in payment, among other things, for Covid related expenses, and
WHEREAS, Boundary County has received $2,378,448.00 from the American Rescue Plan Act (ARPA)
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to improve the availability of water drinking stations at the Parks/Fairgrounds within Boundary County.
WHEREAS, the addition or distribution of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to release the funds for the purchase of 3 drinking fountains from Global Industries in the amount of $6,448.32
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $6,448.32 is to be disbursed from the ARPA General Account #0107, these funds shall then be remitted to Global Industries in the amount of $6,448.32 claim #2024-1369
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.
DATED this 5th day of February, 2024
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Tim Bertling, Chairman
s/___________________________
Wally Cossairt, Commissioner
s/___________________________
Ben Robertson, Commissioner
ATTEST:
s/_____________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #296416
Commissioner Cossairt moved to adopt resolution 2024-21 (arpa). A resolution for Boundary County, ARPA Appropriation to Boundary County (Restorium Improvements). Commissioner Robertson second. Motion passed unanimously. Resolution 2024-21 (arpa) reads as follows:
RESOLUTION 2024-21
Boundary County
ARPA Appropriation to Boundary County
WHEREAS, Boundary County has received ARPA funds to be used in payment, among other things, for Covid related expenses, and
WHEREAS, Boundary County has received $2,378,448.00 from the American Rescue Plan Act (ARPA)
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to aid with the needs and improvements to the Boundary County Community Restorium, an elder care facility for a total amount of $6173.00
WHEREAS, the addition or distribution of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to release the funds for the project completed by the following in the amount of $6,173.00 for the improvements to the Restorium
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $6,173.00 is to be disbursed from the ARPA General Account #0107, these funds shall then be remitted to Carpet One in the amount of $6,173.00 claim #2024-894 and 1291
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.
DATED this 5th day of February, 2024
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Tim Bertling, Chairman
s/___________________________
Wally Cossairt, Commissioner
s/___________________________
Ben Robertson, Commissioner
ATTEST:
s/_____________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #296417
Commissioner Cossairt moved to sign the Boundary County Trail Grooming Volunteer Agreements with Michael Cossairt, Kip Millang, Adam Reeves, and Jim Tucker. Commissioner Robertson second. Motion passed unanimously.
Commissioner Robertson moved to ratify signing the commitment letter for the grant application for a snowmobile and two-place trailer for the Snowmobile Grooming Advisory Board as it’s time sensitive. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to grant an extension of time to pay year 2023 taxes for parcel #MH61N02E182550A and to accept the tax amount due by February 15, 2024. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to grant an extension of time to pay year 2023 taxes for parcel #MH60N01W01194AA and to accept payments of $75.00 every two weeks starting February 1, 2024, until the tax amount due is paid in full. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Agreement between Owner and Design-Builder on the Basis of a Stipulated Price for the Deep Creek Dock project. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes of January 22 & 23, 2024. Commissioner Robertson second. Motion passed unanimously.
11:30 a.m., Prosecutor Andrakay Pluid and Civil Attorney Bill Wilson joined the meeting.
Commissioner Robertson 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, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt ”aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 11:50 a.m. No action was taken.
Commissioner Cossairt moved to grant an extension of time to pay year 2023 taxes on parcels #MH63N03E32380AA and #MH63N03E323800A and to accept the tax amount due by March 5, 2024, for parcel #MH63N03E32380AA and to accept the tax amount due by March 29, 2024, for parcel #MH63N03E323800A. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the 2024 Noxious Weed Cost Share Request with the Idaho Department of Agriculture. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the New Private Road Name Request Form for Pomelo Place, located off Cherry Lane. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the plat map for the South Bound Subdivision for Peaster and Dirks. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Idaho Counties Risk Management Program (ICMRP) Consent to Electronic Communications and Joint Powers Subscriber Agreement. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Federal Aviation Administration Contact Information Form for the boundary County Airport. Commissioner Robertson second. Motion passed unanimously.
Commissioners recessed for lunch at 12:15 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.
1:30 p.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give a department report. A written report was provided and Mr. Morris reviewed work being done. Commissioner Cossairt mentioned the condition of chip seal on Long View Road.
Commissioner Cossairt moved to sign the Memorandum of Understanding with the Idaho Transportation Department for the Local Strategic Initiative Grant Program for the Sunrise Road-Great Northern Road-US 95 Intersection Improvement Project, upon approval of legal counsel. Commissioner Robertson second. Motion passed unanimously.
Ms. Bonsant left the meeting.
Prosecutor Pluid joined the meeting.
Commissioner Robertson 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, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need; and Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss he legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session was continued to tomorrow at 2:30 p.m.
Prosecutor Pluid left the meeting.
Ms. Nelson and Mr. Morris left the meeting at 2:40 p.m.
Treasurer Jenny Economu joined the meeting at 2:43 p.m.
2:50 p.m., Commissioners held a hardship exemption for Mary Collett for parcel RPB00000228425A and MHB00000228425A. Present were Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, and Treasurer Jenny Economu. The meeting was recorded.
Tax year 2020 for the real property and tax year 2023 for the mobile home are what is being considered for a hardship exemption. The tax amount being addressed for the real property is $136.88 and the tax amount for the mobile home is $235.84. Commissioner Robertson commented that he is agreeable to excusing these amounts. Chairman Bertling said he wants to emphasize to the property owner that they have the ability to make payments towards the property taxes.
Commissioner Cossairt moved to approve the Hardship Exemption Application for property owner Mary Collett to cancel year 2020 taxes in the amount of $136.88 for parcel #RPB00000228425A and to cancel year 2023 taxes in the amount of $235.84 for parcel # MHB00000228425A. Commissioner Robertson second. Motion passed unanimously.
The meeting to consider the hardship exemption application ended at 2:53 p.m.
3:00 p.m., North Bench Fire Department representatives Jack Douglas, Ken Nystrom and Dave Lorenz met with Commissioners to discuss proposed amendments to the draft lease for property near the airport. Mr. Nystrom said the current draft lease describes the building as being a portable fire station, but it’s absolutely not a portable building, so verbiage needs changed to a stick and mortar or permanent building. If North Bench Fire Department does relocate, they would offer the existing building to the county airport or enter into a contract to have it torn down or moved out. Mr. Nystrom informed Commissioners that North Bench Fire Department purchased another piece of property last fall, but it will take a while to relocate. With the proposed lease agreement, it is five years and it’s based off of the hangar-ground leases, and he would suspect the fire department will need that five years. The new piece of property North Bench Fire Department has purchased consists of six acres and in the spring, they will have it surveyed, split the property and sell one portion of it so they can pay off the debt.
Section 2.01, of the lease should state that the site is to be used to conduct business as North Bench Fire Department, according to Jack Douglas. Section 3.05 talks about there being no signage, but North Bench wants to encourage people to join their department, so they do want signage. Mr. Nystrom said there has always been a sign there, so they would like to keep it. Mr. Douglas said the sign helps the fire department, but it doesn’t hurt the county. Commissioner Robertson said he agrees and he commented on the Federal Aviation Administration rules. Mr. Nystrom said the fire department would take down their sign when they move to their new property.
Mr. Douglas said the term of five years is fine and the lease amount is okay. Section 5.02 pertains to re-establishing the rent. Mr. Nystrom said that Airport Manager Dave Parker mentioned that they look at a rent increase every two years.
Section 5.4 is just a typo and should be 5.04. Mr. Douglas said this section mentions all rules and regulations, but he’s not sure what that means. Chairman Bertling suggested taking this section out since it doesn’t pertain to the fire department.
The meeting with members of North Bench Fire Department ended at 3:21 p.m.
3:21 p.m., there being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, February 6, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
Prosecutor Andrakay Pluid joined the meeting.
Commissioner Robertson 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 Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 9:20 a.m. No action was taken.
Prosecutor Pluid left the meeting.
Commissioners tended to administrative duties until their next meeting.
10:14 a.m. Deputy Clerk April Isaac joined the meeting.
Commissioner Robertson moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Cossairt second. Motion passed unanimously. The closed session ended at 10:27 a.m.
Commissioner Robertson move to deny indigent case #2024-2. Commissioner Cossairt second. Motion passed unanimously.
Deputy Clerk Isaac left the meeting at 10:32 a.m.
Commissioners recessed for lunch until their afternoon session.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Ben Robertson and Deputy Clerk Michelle Rohrwasser. Commissioner Wally Cossairt was out of the office tending to another matter.
1:30 p.m., Panhandle Health District Director Don Duffy and Environmental and Health Protection Administrator Erik Ketner joined the meeting to discuss general health district matters.
Mr. Duffy informed Commissioners that Panhandle Health is in the middle of a software change for accounting and human resources, so they’re working through those challenges. The health district is starting work on their fiscal year 2025 budget and the goal is to have budgets ready for review in March, followed by presenting a draft budget to the district’s Board of Health in a meeting before presenting it to county commissioners. The budget hearing for Panhandle Health District is on May 23, 2024. Mr. Duffy said with opioid settlement funds that continue to flow in, the months of January and February present an opportunity for community partners to make application for those funds, and if the application is for something that’s close to an opioid related issue, it might qualify. A recovery center would be eligible and the amount is almost $70,000.00.
Mr. Duffy handed Commissioners the Community Health Assessment and he said this assessment is conducted every five years. This year the health district reached out to a company called Crescendo to conduct the assessment and help determine needs. A program can then be created around those needs, such as housing, transportation, behavioral health issues, access to healthcare and youth services. The health district put together a community health improvement plan (CHIP), and it involves a group of partners who put together this assessment and provide guidance on what the health district should be doing for the next five years.
Mr. Ketner commented on having spoken with Solid Waste Department Superintendent Richard Jenkins about various landfill matters. A meeting with Commissioners, the health district and Matthew Beeter with the Department of Environmental Quality is scheduled for next week to discuss landfill options. Mr. Ketner spoke of wanting to move forward and completing the landfill operations plan. Commissioners said the county is working with a consulting firm on this plan. Chairman Bertling said Commissioners are also going through the permit process for an air curtain for wood waste and then they want to look into recycling glass. The county is taking small steps with Kootenai Tribe as far as a food waste composting program provided for through a three-year grant and Chairman Bertling explained the program.
Those present discussed enforcement of septic violations.
The meeting with Mr. Duffy and Mr. Ketner ended at 1:55 p.m.
Commissioners recessed until their next meeting at 2:30 p.m.
2:30 p.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris met with Commissioners to continue their meeting from yesterday.
Commissioner Robertson 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, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Chairman Bertling yielded the chair to second. Commissioners voted as follows: Chairman Bertling “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 3:22 p.m. No action was taken.
Ms. Nelson said there are a lot of habitat projects going on in the county, but Road and Bridge hasn’t been made aware of them, with the exception of a project on Riverside Road and a proposed memorandum of agreement with the Federal Highways Administration to address how the project is to be paid for. Ms. Nelson said over the last year, Road and Bridge has worked with the Soil Conservation District and Natural Resource Conservation Service (NRCS) and they’ve talked about the 319 Project for a fish passage at the Cow Creek Road Y. Ms. Nelson said she received a call last week about the US Fish and Wildlife Service contracting with a firm to get a concept report going for the culvert and that this will be a Fish and Wildlife Service and Kootenai Tribe restoration project. Ms. Nelson said she’s trying to get information as it relates to impacts to the county road. The Tribe is also looking at habitat restoration next to Weber’s slough and Ms. Nelson said she’s not sure what that entails. The consultant said there would be impacts to Crossport Road and Cow Creek Road. Restoration needs to be done, but agencies should come to the county and let them know. Ms. Nelson said she’s not sure where funding is coming in for these projects. Ms. Nelson said she’s not sure how much the match will be, but she needs to budget for it. Road and Bridge is just not getting the whole picture. Those present discussed having a meeting to discuss a broader picture of future projects.
The local mileage report is forthcoming, according to Ms. Nelson.
Ms. Nelson gave an update on the Wilderness Road bridge improvement project.
3:32 p.m., Clerk Glenda Poston joined the meeting.
Ms. Nelson discussed placing delineators where accidents have occurred on Deep Creek Loop. Road and Bridge received a quote for durapatch oil from a company that is the only distributor. Ms. Nelson said the county usually gets 10 tons of this oil. Road and Bridge looked into applying for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant at the same time as the other grant program for the Naples Bridge, but they were advised against the RAISE grant due to restrictions.
4:00 p.m., Commissioners held a meeting to discuss the draft Idaho Transportation Department Cooperative Agreement for the proposed traffic signal associated with Tobe Way and the Sturgeon Station. Present were: Chairman Tim Bertling, Commissioner Ben Robertson, Road Bridge Department Co-Superintendents Renee Nelson and Randy Morris, County Prosecutor Andrakay Pluid, Kootenai Tribe of Idaho Chairwoman Jennifer Porter, Tribal Attorney Billy Barquin, Tribal Vice-Chairman Gary Aitken Jr., Tribal Project Consultant Dennis Weed, and Tribal Treasurer Clara Dunnington. Nathan Herbst with the Idaho Transportation Department (ITD), Tribal Legal Department representatives Pamela Rentz and Diosa Bahe, and Commissioner Wally Cossairt participated in the meeting via Zoom.
Chairman Bertling asked for what the request is and to build on that. The matter pertains to the ownership and maintenance of the traffic light. Tribal Chairwoman Porter provided history and said in year 2006, the State of Idaho and Tribe discussed an agreement for motor fuel sales tax, and other tribes have wanted to do something more tailored to themselves, but the Kootenai Tribe of Idaho is more invested in this community. Chairwoman Porter said the Kootenai Tribe has had a really good relationship with former Commissioners Ron Smith, Dan Dinning and Walt Kirby, as well as former City of Bonners Ferry Mayor Darrell Kerby. In wanting to bring the county, Tribe and city together, Gary Aitken Sr. started the Kootenai Valley Resource Initiative (KVRI). This was in the best interest of the county; not just the Tribe. The Tribe didn’t know it was going to have a gas station, but if they ever did, they wanted to give back to the community. The gas station came 17 or 20 years later and the Tribe thought it was a win win. Chairwoman Porter said she doesn’t know what the discussion is, because the Tribe is giving the gas tax funds to the county instead of the state. The matter of the $1,900.00 electric bill came up and Chairman Bertling said Commissioners said they had no problem with covering the cost of electricity. Commissioner Robertson said it is the ownership and maintenance of the light pole, because the county cannot absorb $750,000.00 for the cost of a light pole. Attorney Barquin said ITD owns the light signal and the county would not be responsible for costs if someone damages the light pole and who did it cannot be determined. The repair cost is split 50/50 with the state. The electrical cost is $1,900.00 per year. Chairman Bertling commented on the electrical cost and maintenance aspect. If there is light that goes out and an accident occurs, where does that liability fall? Does the county have to perform maintenance or does the county contract with the state? Attorney Barquin said ITD owns the light, the structure, components, and assumes all maintenance and costs thereof. The only thing the county has responsibility for is energy costs. ITD will probably train staff for if the light goes out and ITD fixes it.
Prosecutor Pluid said the other issue was street lighting since the county was responsible for that. Ms. Nelson asked Mr. Herbst to clarify Section 2 of the agreement in that the county assumes all responsibility. Mr. Herbst said Exhibit B includes the full signal plans, but he forgot to attach that to the agreement. The county wants to see Exhibit B and the engineer drawings. ITD said that they’ve collectively seen this information. It’s a set of drawings that HMH Engineering engineered for the overall signal plan and it was signed off by HMH Engineering and ITD, according to Mr. Weed. Ms. Nelson asked about Section 2, #4 of the agreement and she questioned what the county needs to do. Mr. Herbst said Section 2, #4, states that if there is any sort of issues with the lights themselves, that the county would take care of those issues. If a lightbulb goes out, wiring gets chewed, somehow conduit is broken, and minor maintenance needs, the county would take care of that, but for complete damage, the state would ultimately take care of the replacement of it or if they’re in a project, the state will replace all light fixtures accordingly. The county is just responsible for making sure the lights turn on and are the appropriate brightness. Chairman Bertling asked if it’s the same agreement as with the City of Bonners Ferry and those lights. Mr. Herbst said this is pretty standard language for these agreements over the last many decades. This language has not changed; it’s just minor tweaks for clarity and to better define language that is up in air and with assumptions, so it’s clearer. Otherwise it is pretty standard.
Commissioner Robertson asked if it’s common for a county to be responsible for lights on a state highway? Mr. Herbst said it depends, but in most cases, yes. It varies on how the agreement is structured, etc., and in this case, it would normally be presented as a part of a project. Commissioner Robertson asked if this was a sate project, would the state retain ownership? Mr. Herbst said if it involved the junction of a state highway with another highway, the state would handle a bulk, if not all of the costs, but they do have guidance for cost sharing anytime there is a public highway and a public road, such as a state highway and local road. Mr. Herbst said not only lighting, but the cost to build out any side road to a highway, that is usually negotiated out, etc. Chairman Bertling said it comes down to electricity and light bulbs and if it malfunctions, call ITD to fix it or the signal? ITD will take care of it. If there is a situation where a signal head goes out, it would be nice to have cooperation to get it fixed. The county can let ITD know. Prosecutor Pluid asked for clarification on minor maintenance versus replacement. If a truck hits the street lights, ITD would typically replace it, but can the county get clarification for minor versus major? Mr. Herbst said he doesn’t see why not. Subsection 3, Part 2 talks about damage, but maybe ITD needs to add to that. Chairman Bertling questioned if the county would need to add these lights to its ICRMP policy. Mr. Herbst said ITD is the owner of the lights, so he doesn’t know why the county would need to involve insurance. The state is self-insured and he explained the process of repairs or replacement as needed. Mr. Herbst said he doesn’t see anything needed for the county.
Commissioner Robertson said with the memorandum of understanding (MOU) with the Tribe for fuel tax, 15% is tied to this sort of thing and he has no problem using 15% toward lighting. Commissioner Robertson commented that one thing to think about is that the memorandum of understanding is revocable, but maybe we can tie the lighting into the MOU in some sort of way. Attorney Barquin said the Tribe can’t be party of the agreement since it’s between the county and ITD. The motors fuels tax agreement is tied to the state’s fuel agreement and there is always the potential that the state agreement would change, which affects the county agreement. Chairman Bertling questioned if the agreement was to be cancelled and Attorney Barquin said if the State/Tribal agreement terminated, the state and Tribe would need to enter into a new agreement. Attorney Barquin said there is no expiree in the state and tribal agreement. Chairman Bertling said this meeting answered his questions. Commissioner Robertson said he would like to know what is involved with minor and major maintenance. Commissioner Robertson added that this meeting was helpful and beneficial for all, and it’s not a slight. Chairwoman Porter said she thought there had already been a meeting and Chairman Bertling said there wasn’t one. Chairwoman Porter said this is beneficial and for the citizens, the sooner we can get this light up, we don’t want to have accidents. Mr. Weed said in a couple of weeks, the equipment can be put up. Chairwoman Porter said the Tribe, acting in good faith, has already sent the payment for the fuels tax. Chairman Bertling said as an advocate for this, how often can you buy gas and have the tax stay locally? Commissioner Robertson said he agrees with that. Mr. Herbst said he should have an updated agreement by the end of the week.
The meeting ended at 4:31 p.m.
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TIM BERTLING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk