***Monday, March 24, 2025 at 9:00 a.m., Commissioners met in regular session with Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, and Deputy Clerk Stephanie Sims.
Commissioners said the Pledge of Allegiance.
Assessor Olivia Drake entered the meeting at 9:05 a.m.
Fay Almond entered the meeting at 9:08 a.m.
Ms. Drake stated that she had some questions on the grooming permit with Manulife Investment. She asked if this was the first time or rolling. Commissioners answered that it was rolling.
Greg Lamberty entered the meeting 9:10 a.m.
Ms. Drake also asked if this agreement was for the grooming program only and questioned the 30-day written notice. Commissioner Robertson asked her to email her suggested changes for them to look at.
Ms. Drake left the meeting at 9:14 a.m.
Commissioner Bertling moved to sign Commissioner meeting minutes from the weeks of 3/3 and 3/17. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Bertling moved to sign Findings & Decision letter for File #25-0040, Pinetop Meadows, LLC Short Plat, Rural Subdivision, Underhill Subdivision. Commissioner Pinkerton second. Motion passed unanimously.
At 9:17 a.m., Commissioners held proceedings to consider approving Boundary County Alcoholic Beverage License and Catering License for year 2025. Present were: Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, Deputy Clerk Stephanie Sims, and residents Greg Lamberty and Fay Almond. The proceedings were recorded.
Commissioner Bertling moved to approve the County Catering Application for Typsy Gypsy pending receipt of all required documentation and applicable fees. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Pinkerton moved to approve the County Beverage Application for year 2025 for Boundary County Fair Board dba Boundary County Fairgrounds pending receipt of all required documentation and waived the applicable fees. Commissioner Bertling second. Motion passed unanimously.
The meeting to consider the beverage license and catering permit ended at 9:20 a.m. and Commissioners signed the documents presented.
Commissioners reviewed the ballot presented from Panhandle Health District. Commissioner Bertling stated that he did not know the individual so he didn’t have anything to add.
Commissioner Bertling moved to approve and sign ballots for Melissa Cowles for the PHD Shoshone Representative Board position. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Bertling moved to approved the agreement with Manulife Investment on T61N R02W. Commissioner Pinkerton second. Motion passed unanimously.
Civil Attorney Bill Wilson entered the meeting at 9:30 a.m.
Commissioner Bertling moved to appoint Jon-Paul Mickle to a 3-year term and Patrick Bennett to a 2-year term on the Waterways Board. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Bertling moved to sign letters of appointment to the Waterways Board. Commissioner Pinkerton second. Motion passed unanimously.
Mr. Wilson updated the Commissioners on the meeting last week regarding the shared Tribal fuel tax revenue. There is approximately $200,000 available with 15% to be used toward projects the Tribe prioritized. They also discussed meeting more frequently so that Road & Bridge can be more prepared on budgeting for the projects.
Jack Yount entered the meeting at 9:40 a.m.
Commissioner Bertling relayed information to Mr. Wilson from his conversation with Stimson. Mr. Wilson asked that additional information be sent to him to move the project forward.
Commissioners reviewed a letter that Mr. Yount had received. Chairman Robertson stated that they would get more information and get back to him. Mr. Yount, left the meeting at 9:50 a.m.
Fay Almond and Greg Lamberty left the meeting at 9:51 a.m.
Commissioner Bertling moved to go into executive session 74-206(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation. The mere presence of legal counsel at an executive session does not satisfy this requirement. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Robertson “aye”, Commissioner Bertling “aye”, Commissioner Pinkerton “aye”. The executive session ended at 10:20 a.m. Commissioners advised Mr. Wilson to proceed as directed.
Board of Guardians Chair, Gini Woodward, Treasurer Tamina Boonisar and Restorium Supervisor Janay Smith entered the meeting at 10:20 a.m. to give an informative presentation on Guardianship/ Conservatorship and the roll of guardians. Ms. Woodward handed out an informative packet and stated that the statutes on guardianship and conservatorship are found in Title 15, chapter 5. If a child or incapacitated person is no longer able to take care of their own business, they become vulnerable and subject to exploitation. If they don’t have a family member to take over, the board of guardians can step in to assist if all other avenues have been exhausted. They are appointed and monitored by the courts with required annual reporting.
Ms. Woodward added that the population is increasing therefore the requests for the volunteer board are also increasing. Prosecuting Attorney Andrakay Pluid represents the request for the Board and a second attorney represents the individual. They are struggling to find attorneys to fill that roll on a volunteer basis.
Chairman Robertson asked how many were active on their board and what support is needed. Ms. Woodward answered that the statute allows 7-10 people on the board and they currently have 8 with some members more active than others. More assistance would be appreciated.
The meeting with Ms. Woodward, Ms. Boonisar and Ms. Smith ended at 10:46 a.m. and they left the meeting.
Solid Waste Superintendent Richard Jenkins entered the meeting at 10:47 a.m. and stated that he had sent over a spreadsheet which included the repair expenses on the loader for the previous and current years. He also included information on what equipment was available for purchase and what the cost would be to rebuild the current loader.
Commissioner Bertling asked what was available on the maintenance history for the equipment listed. Mr. Jenkins stated that the last one on the list does not have a history, but the others do.
Commissioner Bertling was concerned that we need to retain money from the budget to put toward closure each year. Mr. Jenkins stated that he had already included that in his budget. Commissioner Bertling said that he would like to see more.
Chairman Robertson agreed and stated that we need to close the gap.
Mr. Jenkins said that we also needed to take care of the landfill.
Commissioner Pinkerton felt that we need to look at how the dynamics of the tarp system will change procedures. Mr. Jenkins replied that we still need material and cover. Commissioner Pinkerton stated that he keeps thinking smaller and scaling things down. Mr. Jenkins said that with the tarp system and rock truck, we would be loading with the excavator. So a smaller loader might work because the excavator and rock truck would be doing the majority of the work. Mr. Jenkins stated he could get quotes on a 72 to see if anything has come in and asked if they would like a quote on new.
Commissioner Bertling responded no. Commissioner Pinkerton asked for more numbers for them to look at.
The meeting with Mr. Jenkins ended at 11:14 a.m. and he left the meeting.
At 11:14 a.m. Chief Deputy Clerk Pam Barton, Bailiff Ben Reinhardt, IT Director Matt Hodges, and Mike Elam with Selkirk Mountain Technologies entered the meeting. Mr. Reinhardt described recent issues with the current security system and stated that the system is now obsolete and parts are no longer available. Mr. Elam described some options for them to consider.
Chairman Robertson stated that he would like to see what a new system would cost as well as a phased approach to consider for the next budget. Mr. Elam stated that prices are pretty volatile due to tariffs but he will get some numbers for them.
The meeting with Mr. Reinhardt, Mr. Hodges and Mr. Elam ended at 11:30 a.m. and they left the meeting. Ms. Barton also left the meeting.
At 11:30 a.m. Deputy Clerk Rebekah Jensen joined the meeting for an indigent matter. The meeting was closed per Idaho Code 31-874. The closed session ended at 11:33 a.m.
Commissioner Bertling moved to write off indigent account 2022-3. Commissioner Pinkerton second. The motion passed unanimously.
Ms. Jenson left the meeting at 11:34 a.m.
Commissioners attended to administrative duties until they recessed for lunch at noon.
The meeting reconvened at 1:30 p.m. and Road & Bridge Superintendent Brad Barton and Assistant Superintendent Adam Ryals entered the meeting. Mr. Barton stated they have started pit maintenance this last week and are getting ready to crush rock. They have also worked on some routine maintenance and minor repairs, cold patching and sweeping. The gps mapping of the county signs has been completed.
Mr. Ryals discussed the items in the Sunrise Rd addendum which would bring it up to the Road Standards.
Commissioner Bertling moved to sign the Sunrise Rd Improvement Project addendum. Commissioner Pinkerton second. Motion passed unanimously.
Mr. Ryals stated that he did not yet have the Riverside 1B MOA, so that will need to be moved to next week.
Mr. Ryals then presented the Commissioners with the quote for Idaho Asphalt Supply Dura Patch Oil Bid and the piggyback offer from Bonner County for Chipseal Oil.
Commissioner Bertling moved to sign the quote for Idaho Asphalt Supply Dura Patch Oil Bid. Commissioner Pinkerton second. Motion passed unanimously.
Adam Ware, Kathy Ware, Paul Ware and Suzanne Ware entered the meeting at 1:45 p.m.
Commissioner Bertling moved to accept Ergon Asphalt and Emulsions piggyback offer from Bonner County for Chipseal Oil. Commissioner Pinkerton second. Motion passed unanimously.
Mr. Barton stated that they received the wrong quote for the Excavator, so they would need to move that item to a future meeting.
The meeting with Mr. Barton and Mr. Ryals ended at 1:53 p.m. and they left the meeting.
Personnel Director Pam Barton entered the meeting at 1:55 p.m.
Chairman Robertson informed the Wares that the Commissioners had a closed session scheduled next and asked them if they would like to wait outside or return closer to their scheduled time at 2:30 p.m. The Wares decided to return closer to their time and they left the meeting at 1:56 p.m.
Commissioner Bertling moved to go into executive session 74-206(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. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general and executive session 74-206(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 Pinkerton second. Commissioners voted as follows: Chairman Robertson “aye”, Commissioner Bertling “aye”, Commissioner Pinkerton “aye”. The executive session ended at 2:21 p.m. No action was taken.
The Governor’s North Idaho Liaison Jake Garringer, and Dan McCracken with Idaho DEQ entered the meeting at 2:25 p.m.
The Wares reentered the meeting at 2:30 p.m.
Chairman Robertson stated that we received a letter from Adam & Kathy Ware and although we don’t have any authority over the situation, we thought we could invite everyone to facilitate an open discussion.
Adam Ware discussed the previous use of the campus and what their vision for it was when purchased. They were then approached about the lower campus for a charter school and now two years later they are still trying to get approval for the water and sewer systems. The charter is now in danger of loosing their funding and charter because it has taken so long.
Mr. McCracken stated that the type of system that they have is not designed to drop from 100 people to 5 and the letter that was sent to inform them of the change was the correct thing to do. It requires a minimum flow to keep the system working.
Mr. Ware stated that because of the essence of time, they have attempted to break this down into two phases. The first phase includes the two schools like what it had before and the second phase would include the additions of an RV park, additional cabins and vacation rentals.
Mr. McCracken stated that the uses are similar, but they are different enough that a new facility plan would be required. The Ware’s did submit something last fall and IDEQ responded that it had 20-30 items that needed to be addressed. Since then they have not received anything to approve. What IDEQ needs is a facility plan.
Mr. Ware then discussed the CUP and that they were approved to move forward.
Chairman Robertson said that the Conditional Use Permit is good, but it is separate from the issues with the water and sewer systems. That is why we have invited DEQ and Mr. Garringer to help.
Mr. McCracken then said that this is the normal path for a system that has been shut down. Perhaps we could look at it as a system that is out of compliance and come up with a compliance agreement schedule. We will have to look into it to see if that is possible.
The meeting with the Ware family, Mr. McCracken and Mr. Garringer ended at 3:29 p.m. and they left the meeting.
Commissioners went to the jail at 3:33 p.m. to complete the quarterly jail inspection, however the jailers asked them to come back at a later time due to being short staffed.
Commissioners attended to administrative duties until 5:00 p.m. when the meeting adjourned.
Tuesday, March 25, 2025
Chairman Robertson, Commissioner Bertling and Commissioner Pinkerton arrived at 11:00 a.m. and attended to administrative duties.
At 11:50 a.m. Chairman Robertson and Commissioner Pinkerton went to the jail to complete the Quarterly Jail Inspection Report.
There was no further business so the Commissioners adjourned at 1:00 p.m.
Wednesday, March 26, 2025
At 6:00 p.m. Commissioners held a joint meeting with the City of Moyie and the City of Bonners Ferry.
The mayor of Moyie Springs, Geoff Hollenbeck, welcomed everyone to the meeting and discussed the Ferc Inundation Study Plan that the City of Bonners Ferry is currently doing. He expressed concerns that the City of Moyie was not included in the study or notification. They had concerns because their water wells are located within the zone and want to make sure everything is done to protect them.
Moyie Springs Council member Patrick Stevens, expressed disappointment in the oversight and wanted to be included in the distribution list and questionnaire if it was not too late.
Bonners Ferry City Administrator Mike Klaus, gave a presentation on the Hydroelectric Project relicensing and addressed some of their concerns. Mr. Klaus stated that he would make sure that the City was added to the noticing and it was not too late to be included in the questionnaire.
Mayor Hollenbeck then addressed road maintenance. He stated that this topic was brought up two years ago, but then it didn’t move forward.
Chairman Robertson said this was also a topic on their list to discuss and asked if they would like to do so at this time. Mayor Hollenbeck responded yes. Chairman Robertson stated that Road & Bridge Assistant Superintendent Adam Ryals would explain further.
Mr. Ryals stated that he did not know what the original agreement was, but would like to proceed with an MOU or MOA to help define the project. We can get together to talk about that, but in part it would define what part of Eileen Road the County is maintaining and what is not their responsibility as well as water, rock and sand. We have similar agreements with the City of Bonners Ferry.
City of Moyie Mayor and Council agreed.
Councilman Ron Smith addressed the next item on the agenda which was SPOT. He provided a written report showing ride numbers over the last year and cost per ride. He explained that the costs are higher in Boundary County because of the geographical area. The SPOT buses will be utilized for the upcoming Farm Tour, fair and possibly the rodeo. He also thanked the City of Moyie Springs for contributing financially.
The next items on the agenda were for the County. Chairman Robertson stated that they had provided the City of Bonners Ferry with their budget requests for an increase for dispatch and included justification in the paperwork. The County is happy to discuss further if needed.
Chairman Robertson also addressed the update on the mill property. He stated that both the County and City own property at the mill yard and the County has had conversations with Idaho Forrest Group regarding land swaps for more parking at the fairgrounds.
Commissioner Bertling addressed the north hill property. He stated that he has been working with ITD and last week they finally signed a quitclaim deed to take possession of the property. 9B Trails will be putting in a trail system for 1-2 miles of walking and biking trails in the bowl area of the property.
Commissioner Pinkerton addressed the new courthouse building. He stated that the initial design is mostly finalized. The building will primarily be the court system with some offices around the exterior. The plans are being drawn up, but funding is uncertain so it may need to happen phases.
Bonners Ferry City Council member Ron Smith asked what is moving from the courthouse. Mr. Pinkerton answered the two courtrooms, Prosecutor and at least a portion of the clerk’s office – maybe all. It will also include judge’s offices, holding cells and a sally port. We will be able to have it all on one floor to make it ADA accessible.
Chairman Robertson added it will go to bid in late summer and hopefully work will happen during the winter.
There being no further business the meeting adjourned at 7:22 p.m.
s/________________________________
BEN ROBERTSON, Chairman
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
By: Stephanie Sims, Deputy Clerk