***Monday, January 23, 2023, 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., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided.
Mark Quinn, Pudge Brewer, Marty Martinez, and Laura Richardson also joined the meeting.
Mr. Morris provided information on work being done by Road and Bridge. Those present discussed the colder weather, brushing roads, clearing trees from roadways, and salt brine.
Commissioner Cossairt moved to sign all associated documents for the purchase of the 2022 Caterpillar 966-14 Wheel Loader, Serial/VIN M7R00248. Commissioner Bertling second. Motion passed unanimously.
Ms. Nelson explained the Local Highway Safety Improvement Program (LHSIP) to Commissioners. This program takes into consideration placement of delineators based on where accidents have occurred. Ms. Nelson listed Deep Creek Loop, Ruby Creek Road, and Round Mountain Road as roads that would benefit from delineators. The cost is $39,000.00 for a certain number of delineators and the match amount from Road and Bridge is $2,800.00. The project is proposed for fiscal year 2025.
Commissioner Cossairt moved to sign the FY 2025-2026 Local Highway Safety Improvement Program (LHSIP) Boundary County Road Safety Improvements Application for roadway delineator project. Commissioner Robertson second. Motion passed unanimously.
Ms. Nelson spoke of updating the 2022 Idaho Transportation GEO Local Road Mileage Report. Ms. Nelson explained that this report is given to the Idaho Transportation Department (ITD) at the end of the year and is used by ITD to determine highway distribution of taxes. Ms. Nelson said she is still working on the report and she will be able to update the details online.
Ms. Nelson said with the Highway 95 widening project, the approach to Pine Island Road is also getting widened. The Forest Service would like to transfer the easement directly to the county with the approved easement document. But County Civil Attorney Tevis Hull feels this should be done by resolution. Ms. Nelson provided an explanation of how Pine Island Road will change.
Commissioner Cossairt moved to have a resolution drafted for the public road easement regarding Pine Island Road. Commissioner Bertling second. Motion passed unanimously.
Ms. Nelson discussed the School House Road project and explained that this project is in the design phase. If the Local Highway Technical Assistance Council (LHTAC) can provide additional funding, Ms. Nelson said she could request the Transportation Alternative Project be moved up to year 2023 so it could be done at the same time as the School House Road project. Ms. Nelson said she will have a letter regarding this prepared for tomorrow.
Ms. Nelson explained that the hearings for Road and Bridge Variance Applications #4-2023 and #5-2023 need to be continued. Applicant Jennifer Nylander had contacted Road and Bridge to inform them she couldn’t attend today’s scheduled hearings and she needed to adjust the plans and provide 3D elevations.
Commissioner Bertling moved to adopt Resolution 2023-23 for the purchase of the 966 Caterpillar Wheel Loader. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-23 reads as follows:
(See next page)
Recorded as instrument #293498
Mr. Quinn commented on issues pertaining to current road conditions and those present discussed road sanding and moving slush off the roads.
Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting at 9:30 a.m.
The meeting with Ms. Nelson and Mr. Morris ended at 9:31 a.m.
9:32 a.m., Commissioners contacted County Civil Attorney Tevis Hull to get an update on various matters Attorney Hull is working on.
Chairman Bertling asked the status of the memorandum of understanding between the county and City of Moyie Springs pertaining to plowing snow on Eileen Road. Attorney Hull said the City of Moyie Springs’ attorney is responsible for drafting that resolution so he will check in with him.
Ms. Richardson, Mr. Quinn, Mr. Brewer, Ms. Bonsant, and Mr. Martinez left the meeting temporarily.
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. Commissioner Robertson second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 10:09 a.m. No action was taken.
10:09 a.m., Ms. Richardson, Mr. Quinn, Mr. Brewer, Ms. Bonsant, Mr. Martinez, and Fay Almond joined the meeting.
Commissioners and Attorney Hull discussed the Waterways Board’s grant application to improve the Deep Creek boat launch and needing to get bids to fulfill project requirements. Attorney Hull said a scope of work needs to be drafted and those present questioned if the project will be done in phases. Chairman Bertling questioned if HMH Engineering or Cory Trapp with Longwell+Trapp Architect could draft project documents.
Attorney Hull informed Commissioners that Tim Tucker is working on obtaining information for his request to have the county abandon a portion of Avonlea Farms Road. Mr. Tucker is trying to get a description of the road and what portion is going to be left if the county were to vacate it. Mr. Tucker also needs to sort out previous easements.
The call to Attorney Hull ended at 10:15 a.m.
Chairman Bertling briefly explained the proposed three-phase project to improve the Deep Creek boat launch and the grant application for this project to the members of the public who were present.
Commissioner Cossairt moved to approve and sign the Property Tax Cancellation Form for tax year 2022 for parcel #RP00500001022QA totaling $2.04, #RP00500001067CA totaling $1.60, #RP60N01W150001A totaling $0.61, and #RP60N01W150013A totaling $20.33 as payment was postmarked December 9, 2022, and was received January 20, 2023. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the meeting minutes of December 5 & 6, 2022 and January 9 & 10, 2023. Commissioner Bertling second. Motion passed unanimously.
Those present discussed the National Opioid Settlement Notice funds. Clerk Poston said Commissioners need to decide what they want to fund with this money. Chairman Bertling said he would like to fund a school resource officer position.
Commissioners discussed the quote from IRON (Idaho Regional Optics Network). It was said IRON is just a contact name for the county. Fiber will go through EL Internet so the county will owe that amount of money each and every month to EL Internet to have fiber optics available in the Extension Office’s new location. This will take the place of the $60,000.00 to put fiber to that building and will be a 15-year payback. The agreement will be with EL Internet.
Chairman Bertling said as it pertains to ARPA funds, since there are different water associations requesting assistance he would like to consider what is needed for infrastructure. Commissioners had spoken of using ARPA funds as matching project funds for one of the water associations. Various older water systems are now aging out. Chairman Bertling explained the county assisting Mission Creek Water Association with costs to locate their water lines so they can start making improvements.
Commissioner Robertson moved to go out to bid for improvements to the Restorium’s flooring once the bid paperwork is completed and reviewed. Commissioner Cossairt second. Motion passed unanimously.
Ms. Bonsant left the meeting at 10:30 a.m.
10:30 a.m., Kootenai Tribe of Idaho Administrative Director/Kootenai Valley Resource Initiative (KVRI) Facilitator Theresa Wheat joined the meeting. Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting via telephone. The purpose of the meeting is to update Commissioners on KVRI and Forest Service projects.
Ms. Wheat reviewed this evening’s KVRI meeting topics. Mr. Knauth said he will have a map and spread sheet for the five-year plan for the Idaho Panhandle National Forest. This is primarily for the north side of the forest, so that includes Bonners Ferry, Sandpoint and Priest Lake. Mr. Knauth spoke of a burn plan template and getting ready for the spring burn season in April/May. There are active timber sales so there is activity in the woods and hauling is taking place for the Timbuck Stew sale. Mr. Knauth listed current activity and spoke of working on the Pacific Northwest Scenic Trail. The University of Montana has been doing some monitoring for the Forest Service. The first of this monitoring for Idaho occurred last summer and there will be three years of monitoring trail sections in Montana. Mr. Knauth said he’s looking to display monitoring data to get a sense of the amount of usage and if they can extrapolate if that use by hikers, etc. There will be videos to help educate hikers, especially in bear country. There are no ongoing National Environmental Protection Act (NEPA) efforts in Bonners Ferry, except for over snow projects. There is another NEPA project in the Sandpoint’s Ranger District and the comment period for that ended last week.
The meeting with Mr. Knauth and Ms. Wheat ended at 10:40 a.m.
Those present discussed people stealing road signs. Mr. Quinn said you can’t see the sign for Solomon Lake Road because it sits too far back and he suggested moving the sign to the other side of the road so it’s more visible.
Ms. Almond, Ms. Richardson, Mr. Brewer and Mr. Quinn left the meeting at 10:47 a.m.
11:00 a.m., Panhandle Health District Director Don Duffy joined the meeting to update Commissioners on Panhandle Health District matters.
Mr. Duffy informed Commissioners that he meets with counties quarterly to provide an update to Commissioners and to answer any questions. Mr. Duffy explained that this Panhandle Health District represents the five northern counties and there is a total of seven districts around the state. In most of the state each county has a health district. Boundary, Bonner, Kootenai, Shoshone, and Benewah Counties make up the five northern counties. Panhandle Health District has an office in each county and most services are provided in each county. For fiscal year 2023, the budget for Panhandle Health District is $13,000,000.00. For funding, 81% comes from grants and fees and the remaining 19% is what is funded by counties. The fiscal year for Panhandle Health District is from July to June. The county’s portion of 19% of the budget is a big number and in District 4, 30% of the budget for Panhandle Health District comes from the counties. Mr. Duffy said the Health District works on the business principles in managing their budgets and he briefly provided his business background and how he has applied those practices in his work at the Health District. There are 125 employees at the Health District in District 1.
Mr. Duffy commented that his employer is really the county commissioners of the five northern counties and Chairman Bertling is the representative on the Panhandle Health District Board of Health for Boundary County. Within the Health District there are three divisions. One division is environmental and Mr. Duffy referred to issues pertaining to aquifers. Mr. Duffy said the quantity and quality of the Rathdrum prairie aquifer has been measured over the last 100 years and they have not seen a loss or degradation in that aquifer. This aquifer is rock and sand so it’s a natural filter. There is a five-acre rule for this aquifer so one septic tank is allowed for every five acres. Mr. Duffy said hopefully that 5-acre rule is always in place. Mr. Duffy informed Commissioners that there were 168 septic permits issued in 2021 and that number might be similar or slightly less for 2022. Another division at the Health District is clinical services and the third is the health services program. With recent settlements the Health District will receive $700,000.00 per year for the next 16 years to produce services and programs to deal with the prevention and treatment of substance use. In Kootenai County in 2021, 39 kids under the age of five went to the emergency room because they accidentally consumed their parent’s drugs. The rate of adults using opioids continues to skyrocket. Mr. Duffy informed Commissioners that there is the opportunity, particularly for non-profit and governments, to make application to gather the opioid settlement funds and a lot of people are making application for the Narcan boxes. Mr. Duffy spoke of pouches being offered to people who wish to safely dispose of their opioid medications.
Mr. Duffy said the Health District has the fiscal year 2024 budget coming up on July 1, 2023 so he will meet with Commissioners and present that budget to them so there is a good idea of what it means for the county. The Health District loses $250,000.00 per year associated with issuing food permits so they will look at getting a fee increase for food permits into the statute.
The meeting with Mr. Duffy ended at 11:24 a.m.
Commissioners recessed for lunch at 11:30 a.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Idaho Counties Risk Management Program (ICRMP) representative Debbie Ferguson joined the meeting to give introductions and provide a general update on ICRMP matters. Sheriff Dave Kramer and Personnel Director Pam Barton also joined the meeting.
Ms. Ferguson reviewed insurance and deductible information with Commissioners and explained the ICRMP Joint Powers Agreement, value of county buildings, and briefly commented on liability for cyber security and employment.
The meeting with Ms. Ferguson ended at 1:50 p.m.
Courthouse Maintenance Squire Fields stopped by Commissioners’ Office briefly to update them on office carpet cleaning as a result of the recent flood of the Courthouse basement men’s room.
Mr. Fields left the meeting.
2:00 p.m., Trey Dail, Aviation Project Manager for Ardurra/TO Engineers and Airport Board members Bob Blanford, Rick Durden and Jay Wages joined the meeting at 2:00 p.m.
Mr. Dail discussed ground sloughing that has been occurring at the airport and needing fee simple or construction easements to address the issue. Mr. Dail said it would be nice if the county could acquire a portion of property and get a construction easement over another piece of property that has a house on it, which is also affected. Mr. Dail spoke of having installed monitoring wells at the site 2.5 years ago to monitor the ground water and sloughage. This area used to be a natural drainage before it became an airport so this slope failure has grown 100 feet vertically and the plan is to install a toe buttress. Ground water will go into a drainage layer approximately 15 feet below the surface into pipes and come out of the pipes down below.
Mr. Dail said this is a two-grant application. The airport receives funding on an annual basis in the amount of $150,000.00 and this application is for supplemental discretionary funds; in addition to the standard allocation. If this grant application is successful, it frees up other grant funding the airport receives. This grant application is due by the end of January. The project estimate is $1,200,000.00 and the local match amount is $73,000.00. Mr. Dail said he’s anticipating matching funding from the Idaho Transportation Department, but that amount varies and that’s assuming the state contributes 4%. Mr. Dail said he’s hoping the cost of the work is less than the $1,200,000.00. The county’s estimated match is 6% until there is confirmation from the state of what they’re willing to contribute.
Commissioner Cossairt moved to sign the grant Application for Federal Assistance SF-424 to repair slope erosion at Boundary County Airport. Commissioner Robertson second. Motion passed unanimously.
2:17 p.m., Adrienne Norris and Cameron Smith joined the meeting.
The meeting regarding the airport ended at 2:18 p.m.
Commissioner Bertling moved to adopt Resolution 2023-24. A resolution regarding the United States Department of Agriculture Forest Service Public Road Easement for Pine Island Road. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-24 reads as follows:
Boundary County
Resolution 2023-24
Public Road Easement
U.S. Department of Agriculture Forest Service
Whereas, Boundary County is a political subdivision of the State of Idaho;
Whereas, the Board of County Commissioners, County of Boundary, State of Idaho, has the authority to act on behalf of the Boundary County to accept easements;
Whereas, Boundary County has applied for a grant of an easement under the Act of October 13, 1964 (78 Stat. 1089, 16 U.S.C. 532-538), for a road over certain lands or assignable easements owned by the United States in the County of Boundary, State of Idaho, and administered by the Forest Service, Department of Agriculture.
Whereas, Boundary County reviewed the proposed easement from the United States of America acting through the Forest Service, Department of Agriculture.
Now Therefore Be It Resolved that Boundary County Commissioners do hereby accept an easement for a public road and highway along and across a strip of land when signed by United States of America acting through the Forest Service, Department of Agriculture or their authorized representative , hereinafter defined as the right-of-way (over and across the following described lands in the County of Boundary State of Idaho, Lot 2, Section 4, Township 61 North, Range 1 East, Boise Meridian, as described on Exhibit A, an unsigned copy of the easement, (attached hereto). The easement is titled U.S. Department of Agriculture Forest Service Public Road Easement Act of October 13, 1964, (P.L. 88-657) 36 CFR 251.50, et seq.
Adopted by the Board of Commissioner for Boundary County, Idaho on January 23, 2023.
County of Boundary Board of County Commissioners
s/_____________________________________ s/_________________________________________
Tim Bertling, Chairman Wally Cossairt, Commissioner
s/______________________________________
Ben Robertson, Commissioner
ATTEST:
s/____________________________________________
Glenda Poston, Boundary County Clerk
Recorded as instrument #293678
2:30 p.m., Commissioners continued their public hearing to consider Road and Bridge Road Standards Variance Application #4-2023 for applicants James Byler and Jennifer Nylander as it pertains to a proposed approach location. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Cameron Smith, and Adrienne Norris. The hearing was recorded.
Chairman Bertling reviewed the public hearing procedures and explained that this hearing needs to be continued to another date in order to allow the applicant to present more information, including a 3D model. Commissioners continued the public hearing to consider Variance Application #4-2023 to Tuesday, February 14, 2023, at 1:30 p.m.
The hearing regarding Variance #4-2023 ended at 2:33 p.m.
Commissioners had general conversation until their next hearing scheduled for 3:15 p.m.
2:57 p.m., Mr. Smith left the meeting.
3:03 p.m., Courthouse Maintenance Squire Fields contacted Commissioners via telephone to ask about having air quality testing done as a result of recent flooding of the Courthouse men’s restroom. Mr. Fields said the cost is $495.00 to test for mold in four rooms and the price increases for a more in-depth test. Commissioners asked Mr. Fields to see what the cost would be to include more in-depth testing.
Mr. Fields’s call ended at 3:03 p.m.
3:15 p.m., Commissioners continued their public hearing to consider Road and Bridge Road Standards Variance Application #5-2023 for applicants James Byler and Jennifer Nylander as it pertains to a proposed approach location. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, and Adrienne Norris. The hearing was recorded.
Chairman Bertling reviewed the public hearing procedures and explained that this hearing needs to be continued to another date in order to allow the applicant to present more information, including a 3D model. Commissioners continued the public hearing to consider Variance Application #5-2023 to Tuesday, February 14, 2023, at 2:30 p.m.
Commissioner Cossairt moved to continue the hearing for Variance Application 5-2023 to Tuesday, February 14, 2023 at 2:30 p.m. Commissioner Robertson second. Motion passed unanimously.
The hearing regarding Variance Application #5-2023 ended at 3:17 p.m.
Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel #MH60N01W01194AA and to accept the first half of the tax amount due by January 20, 2023 and accept the second half of the tax amount due by February 3, 2023. Commissioner Robertson second. Motion passed unanimously.
There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, January 24, 2023, at 9:00 a.m., Commissioners met in regular session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser, Veterans Service Officer Ron Self, Assessor Olivia Drake, Coroner Chad Workman, Sheriff Dave Kramer, University of Idaho Extension Office Educator Amy Robertson, Treasurer Jenny Economu, Solid Waste Department Superintendent Claine Skeen, Weeds Department Superintendent Dave Wenk, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Chief Probation Officer Stacy Brown, Emergency Manager Andrew O’Neel, Assistant Restorium Administrator Diana Lane, and Personnel Director Pam Barton.
Chairman Bertling explained the process of obtaining quotes for procuring services of items versus the formal bid process and the cost range for each. Commissioners reminded those present about the Idaho Association of Counties scholarship application and deadline for submittal as it pertains to college tuition scholarships for children of county employees and children and grandchildren of county elected officials.
Ms. Barton explained that the county needs certificates of liability insurance when a company or contractor performs service work on county property. Ms. Barton said she also needs workers compensation insurance from these vendors. The State Insurance Fund performs audits and the county needs to have the certificates of insurance for workers compensation on file so it is helpful to be proactive. Ms. Barton said she is also working on 1099 forms for vendors that work for the county. The W2s for county employees have been printed.
Commissioners went around the room to get department updates and learn of position vacancies.
Chairman Bertling discussed the idea of creating a Facebook page to show what the various county departments are doing and working on.
Sheriff Kramer commented about having the Nixle notification system and associated costs. Due to increasing costs for this system, Sheriff Kramer was going to explore other information options, but it seems that Nixle won’t be increasing their costs and won’t limit their users after all. Sheriff Kramer inquired about having a surplus auction this spring.
The elected officials/department heads meeting ended at 9:45 a.m.
10:00 a.m., Sheriff Dave Kramer met with Commissioners to discuss an estimate from Lombard Conrad to identify the needs and associated costs for a possible jail expansion or to build a new jail. Sheriff Kramer said he would like to get approval to contract with this firm to determine current and future needs. Boundary County’s jail is currently rated for 24 bed spaces and six of those beds are for the female jail population. Sheriff Kramer said there is not a proper medical screening room for inmates and possibly needing a grinder for the sewer system. A 40-bed jail would help Boundary County last into the future. Lombard Conrad would also determine a location for dispatch services. Sheriff Kramer said if the county doesn’t start looking now, it will just be kicking the can down the road. This firm is familiar with jails and how they flow and connect. There is a high liability area for jails. The cost, including expenses, is not to exceed $50,000.00.
Sheriff Kramer said he will see what grant funding opportunities are also available.
The meeting with Sheriff Kramer ended at 10:24 a.m.
10:30 a.m., Assistant Restorium Administrator Diana Lane joined the meeting to provide an update on Restorium matters. Ms. Lane presented Commissioners with a report covering October through December 2022. Ms. Lane said there is a new resident coming to the Restorium tomorrow. Those present discussed the process of attempting to collect funds from delinquent resident accounts.
The meeting with Ms. Lane ended at 10:50 a.m.
11:00 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting.
Nelson said she had spoken with the Local Highway Technical Assistance Council (LHTAC) about Road and Bridge being awarded the Naples Elementary School Pedestrian Safety Improvement/Transportation Alternatives Program (TAPS). This project is scheduled for design in 2024 with construction in 2025. Ms. Nelson said she informed LHTAC of the School House Road project being in the design stage now and there is the Stage Coach Road railroad crossing project so she would like to request moving up the Naples Elementary School Pedestrian Safety Improvement project/TAPS in order to coordinate these projects at the same time.
Commissioner Cossairt moved to sign the letter to the Local Highway Technical Assistance Council requesting the design funding for Project #KN 23910 Naples Elementary School Pedestrian Safety Improvements be moved up to year 2023. Commissioner Robertson second. Motion passed unanimously.
The meeting with Ms. Nelson and Mr. Morris ended at 11:15 a.m.
There being no further business, the meeting adjourned at 11:20 a.m.
___________________________________________
TIM BERTLING, Chairman
ATTEST:
___________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk