Commissioners' Meeting Minutes - Week of March 27, 2023

***Monday, March 27, 2023, 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.

Commissioners said the Pledge of Allegiance.

9:00 a.m., Boundary County Emergency Manager Andrew O’Neel joined the meeting to discuss functions of a county public affairs official. Mr. O’Neel questioned if Commissioners want to find a way to get more information out to the public as far as what the county is doing. Chairman Bertling said when there is misinformation, he would like to see more positive information, such as the Skin Creek Bridge replacement project that is taking place or that a new county truck is getting equipped for use. Just positive information and to show the county is being proactive. Mr. O’Neel said to a certain extent those messages are posted by the Sheriff’s Office, etc. Those present listed the various social media platforms available.

Commissioner Robertson said someone could write a positive article on a Facebook page or share it to 9B news or Bonners Ferry Herald, etc. The function is there, but this is to discuss doing more. Mr. O’Neel reviewed what positions other counties have for getting information out to the public. Boundary County has a public information officer, Facebook page, etc. Chairman Bertling said a public information officer could easily spend 10 hours per week and more. Mr. O’Neel listed three recent emergencies in which other organizations had public information officers that took care of the notices, so he didn’t need to fill that role.

Mr. O’Neel said if Commissioners want to approve public affairs/relations tasks and free him up to work on emergency management, then the county could have a separate part-time position that could handle the positive articles and activate information when there is an emergency. Mr. O’Neel said that could be placed under the Department of Emergency Management, since there are a lot of things he’s not doing now, such as public engagement, education, etc. Bonner County utilizes a team of volunteers for this role. If the county had another staff person to fill a 20-hour per week position to handle the positive articles in addition to emergency notifications, it would greatly improve what Commissioners are looking to do and Mr. O’Neel could better focus on other tasks he needs to focus on.

Mr. O’Neel provided Commissioners with a list of Emergency Management tasks to show how his time is spent and explain why he is working additional hours. Mr. O’Neel explained the grants that help fund his position. Chairman Bertling said Commissioners will peruse the information and review budget for a public affairs position.

Mr. O’Neel gave a brief update on the emergency operation plan and he commented on needing to write a cyber security plan. There are grant funds for this plan, but a lot of criteria is needed.

The meeting with Mr. O’Neel ended at 9:38 a.m.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for parcel RP64N02E143170A and cancel the solid waste fee for year 2022 in the amount of $179.52 and cancel the solid waste fee for year 2021 in the amount of $174.24 due to error. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to approve the Catering Permit for The Typsy Gypsy for the following events and dates: Mountain Moto on April 15, 2023, Mountain Mafia on April 21-23, 2023 and Mountain Mafia on May 5-7, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Idaho Department of Lands Reimbursement Request Form for the 20WFM-Boundary Grant/South Boundary Hazardous Fuels Reduction II program. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to reappoint Allen Gemmrig and Anthony Compton to the Boundary County Translator Board with terms to expire March 2026. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to appoint Shelly Kramer to the Boundary County Translator Board with terms to expire March 2026. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to appoint Corey Kramer to the Boundary County Translator Board with terms to expire March 2026. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to approve minutes for the week of March 20, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioners tended to administrative duties.

10:30 a.m., Commissioners held a bid opening for the Restorium flooring replacement project. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser, Restorium Administrator Karlene Magee, Assistant Administrator Diana Lane, and Restorium Maintenance Kevin Schnuerle. The bid opening was recorded.

Two sealed bids were received. One bid was from Carpet Warehouse/Color Tile. The bid total was $83,544.07. A bidder’s security/bid bond was provided in the amount of $4,327.07.

The second sealed bid received was from Sandpoint Carpet One. The bid total was $86,500.00. A bidder’s security/bid bond was provided in the amount of $4,325.00.

Mr. Schnuerle explained this project will be time consuming.

Commissioner Cossairt moved to accept the bid from Carpet Warehouse/Color Tile, pending receipt of a public works license and pending approval of the County Civil Attorney. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Independent Contract Agreement with Carpet Warehouse/Color Tile. Commissioner Robertson second. Motion passed unanimously.

The bid opening ended at 10:36 a.m.

Mr. Schnuerle informed Commissioners that when it comes time to moving furniture out of the rooms during the flooring project, he will need additional help. Mr. Schnuerle added that during the summer it gets very busy and it would be helpful to hire someone on a part-time basis do to mowing, etc. Commissioner Cossairt said Courthouse Maintenance Squire Fields’s new assistant is supposed to be a full-time position and this person is supposed to float between departments.

Mr. Schnuerle said there is fluorescent bay lighting at the top of the shop at the Restorium and it’s very difficult to change it out and he’s only using two banks of lights at this point. Mr. Schnuerle asked if he can replace the existing lights with LED lighting. The cost is $830.00 to have Mike’s Electric purchase and install the lights. These LED lights are 18,000 lumens and cost $120.00 each for two lights. Commissioners had to problem with this purchase. Mr. Schnuerle said work is being done to tile around tub at the Restorium and it should be done this week.

The plumber came to the Restorium so Mr. Schnuerle can monitor the water temperature in the rooms so they are within specifications. There has been an issue with filling the walk-in bath tub in that it depletes the hot water. Even with having a rapid boil natural gas system, it takes time to fill the tank for another bath. Mr. Schnuerle questioned if Commissioners would want to consider getting a larger water tank.

11:07 a.m., The meeting with Ms. Magee, Ms. Lane and Mr. Schnuerle ended.

11:07 a.m., Cassie Olson and Tom Daniel with the Boundary Soil Conservation District met with Commissioners to discuss funding for the Soil Conservation District. Ms. Olson handed out a performance report and reviewed it with Commissioners. The Soil District received the county’s support letter for a grant they’re applying for to promote a disposal day so Ms. Olson will contact Solid Waste Department Superintendent Claine Skeen in April to discuss the program and work on an informational brochure for a county-wide disposal day. The Soil District will reapply for this program again next year as well. Chuck Roady is a new board member for the Soil District. Ms. Olson updated Commissioners on tree seedling sales and the 319 culvert project on Cow Creek Road. The Soil Conservation District is actively working on this program, but they cannot submit a proposal for it this year. The annual farm tour will take place on May 19th.

Ms. Olson commented that the Soil Conservation District requested $10,000.00 in county funding last year and they’re requesting the same amount for this next year, 2024.

Commissioner Cossairt moved to sign a letter of support for the Boundary Soil Conservation District for the annual budget request in the amount of $10,000.00. Commissioner Robertson second. Motion passed unanimously.

The meeting with Ms. Olson and Mr. Daniel ended at 11:23 a.m.

11:23 a.m., Courthouse Maintenance Squire Fields joined the meeting at Commissioners’ request to discuss temporarily repairing a ceiling leak in the Judge’s chambers until the roof can be repaired.

11:25 a.m., Assessor Olivia Drake joined the meeting.

11:26 a.m., Mr. Fields left the meeting.

Assessor Drake stopped by Commissioners’ Office briefly and discussed a matter regarding road maintenance as it pertains to Stimson Lumber Company and snowmobile grooming. Assessor Drake said nothing has been done in this particular area because they thought it was all closed off.
County Civil Attorney Tevis Hull joined the meeting at 11:33 a.m.

Assessor Drake left the meeting at 11:40 a.m.

Attorney Hull commented that the Federal Aviation Administration (FAA) is making a transition from Gary Gates as an engineer and will be using someone else. Attorney Hull said there are three separate property issues pertaining to the airport. The first pertains to a land lease for North Bench Fire Department, which is known and work is being done to get an appraisal for a lease amount. Then next to North Bench Fire Department is Iron Mike’s Gym. On the eastside of Iron Mike’s building and it’s clear there is encroachment on the airport property. Airport Manager Dave Parker will have a survey done and put up T bars every 20 feet, mark them orange and put up no trespassing signs. Mr. Parker will update gym owner Mike Davis on the matter. The building that North Bench Fire Department put on the property is less than five feet from the property line. The third issue is David Byler’s property. The county had purchased property just south of Mr. Byler’s property for the main purpose of capturing that land to cut down trees, etc. At one time there had been a verbal agreement to top off the trees on Mr. Byler’s property, but there was nothing in writing. Mr. Byler is encroaching onto county property with his business equipment.

Attorney Hull briefly discussed having made suggested modifications to easement agreements for two properties near the airport.

The meeting with Attorney Hull ended at 12:05 p.m.

Commissioners recessed for lunch at 12:05 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., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give a department report. A written report was provided. Those present discussed chip sealing and dust abatement.

1:47 p.m., Cory Trapp with Longwell + Trapp Architects joined the meeting.

Commissioners resumed reviewing the Road and Bridge report. Mr. Robertson discussed a phone call he had received about making Roosevelt Road a four-way stop. Chairman Bertling said Blume Hill Road has gotten better with the flashing stop signs.

The Road and Bridge Report ended at 1:53 p.m.

2:00 p.m., Commissioners held a bid opening for the Parks and Recreation restroom and concession project. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Parks & Recreation Board Vice-Chair Brandon Glaza, Randal Wedel with B.F. Builders, Cory Trapp with Longwell+Trapp Architects, Tristin Johnson with S&L Underground, Lou Munilla with CoyotePak Construction, Joe Doherty with Meridian Construction, and Bonners Ferry Herald Staff Writer Emily Bonsant. The bid opening was recorded.

Four sealed bids were received. Commissioners read the bid information as follows:

B.F. Builders submitted a bid totaling $850,000.00. The total for additional alternate #1 for parking lot lighting was $32,200.00. S&L Underground submitted a bid totaling $1,199,000.00. The total for additional alternate #1 was $35,000.00. Meridian Construction submitted a bid totaling $796,000.00. The total for additional alternate #1 was $21,250.00. CoyotePak Construction submitted a bid totaling $990,000.00. The total for additional alternate #1 was $30,000.00. All four bids included a public works license, bid bond and acknowledgements of receipt of Addenda Numbers 1, 2, and 3.

Mr. Trapp briefly commented on bid totals being over the estimated amount. Commissioners made no motions regarding the bids.

The bid opened ended at 2:10 p.m.

Ms. Bonsant left the meeting.

County Civil Attorney Tevis Hull joined the meeting at 2:19 p.m.

Commissioner Cossairt 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; and 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 2:31 p.m. No action was taken.

Attorney Hull left the meeting.

2:31 p.m., Idaho Public Defense Commission Regional Coordinator Jennifer O’Roark joined the meeting via conference call to provide an annual report from the Public Defense Commission. Ms. O’Roark explained her role to counties, to include providing information on training and financial assistance. Ms. O’Roark and Commissioners discussed the annual review and matters pertaining to public defenders.

The call with Ms. O’Roark ended at 2:40 p.m.

2:41 p.m., Deputy Clerk April Isaac joined the meeting briefly to discuss an indigent matter.

Ms. Isaac left the meeting at 2:47 p.m.

Commissioners met at the County Annex for the remainder of their afternoon meetings.

3:15 p.m., Commissioners met with Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Matt Hall, Brett Cummings and Jessica Smith with HMH Engineering, Velma Bahe, Don Davis, Dennis Weed, and Angela Cooper with the Kootenai Tribe of Idaho, and Marvin Fenn and Rob Beachler with the Idaho Transportation Department (ITD) to review a summary of public comments from the Sunrise Road, Kootenai Tribe of Idaho and Boundary County improvement project open house and to discuss options provided for access.
Also present were: Marty Ryan, David Winey, Gerald Higgs, David Byler, and Boundary Economic Development Council Director David Sims.

Mr. Cummings provided a recap of the open house and public comment period. Mr. Cummings reviewed Options 1 and 2 for access to Sunrise Road and said there were more options, but Options 1 and 2 were realistic and safer. As for comments, there were a number in favor and they preferred Option 2 over Option 1. There were also comments against and Mr. Cummings reviewed those comments. Suggestions also included a roundabout as well as reducing speed. Concerns were raised about decreased property values and delays in accessing businesses.

The Kootenai Tribe and HMH Engineering provided options that benefitted all parties. ITD manages access so this intersection could be impacted now or with future development. It was stated there was a total of 19 people who commented and Robert Yoder commented twice.

Those present reviewed options provided. Option 2 is a restricted ¾ movement. A driver could not turn left coming out of the site, but they could turn left turning into the site. It was said that Option 3 was presented, but not recommended due to truck blocking issues so it was not recommend based on safety. Chairman Bertling asked about trucks not using the frontage road. Commissioner Robertson asked about moving the proposed road to the south to leave a good radius; moving the east/west proposed road to the south. Mr. Hall replied that Tobe Way would need to be realigned because the signal needs to align.

Option 5 is same as Option 3 with the frontage road shifted to the east, but traffic could still be potentially impacted and truck traffic would still have to wait there. Mr. Weed said it’s not really an option. This option would also impact the Sonic drive-through. Mr. Davis said all access to the site would be on the curves, which is not desirable. Ms. Nelson said the parcel to the north will want access to the new proposed road. By law, everyone who turns right can go and they’re trying to figure out a way to avoid having cars waiting. Ms. Nelson said Option 2 is the only version that continues the flow around. Mr. Hall said Option 2 gives Sunrise Road priority.

Option 4 is based on public comments to leave Great Northern Road/Sunrise Road as they are, but it does not address safety with growth. If they went with Option 4, the Kootenai Tribe would be doing this by themselves since it wouldn’t benefit anyone other than Tribe so the county wouldn’t be involved. Ms. Nelson said ITD will still work with the county. Mr. Davis and Ms. Nelson spoke of Sunrise Road and a left turn out of the site being restricted. Mr. Hall said people can take a left from the highway into the site. Ms. Nelson said Road and Bridge trucks would need to do a u-turn, which would be a huge impact. it was said the option preferred is the one leaving Sunrise Road alone. This option will also affect Sunrise Road in order to meet county and ITD standards.

Option 6 is the same as Option 4 with having a stop sign instead of a signal light. Commissioner Robertson questioned why take the stop light out with Option 6. Mr. Hall said based on the impact study and traffic volumes, those were combined from Sunrise Road and the travel center. If they’re separated, there is the potential to approve it as an approach access; a stop approach. It’s kicking the can down the road for everyone and it’s not safe for anyone. It could be explored, but any improvements for development or Sunrise Road could have impacts to either of those. Mr. Fenn said with IDAPA and managing the policy to govern access to the right-of-way, it will only allow a signal at ½ mile spacing. Only one intersection gets a signal. The decision is to have a large traffic generator proposed for Tribal development, versus a generator from Sunrise Road and Great Northern Road. The traffic generator would need to be determined and it looks to be the travel center. If this development comes in, it could trigger a signal immediately. If there is a stop condition-type of approach, it would somehow impose a traffic restriction. It shows it will be a significant traffic generator. The highest traffic generator would be the best place for the signal, according to Mr. Fenn. With Option 2, Sunrise Road gets priority all of the way. The conflict points generate problems so the least amount of conflict points you have is probably the preferred option. It was asked what the best way is to manage a conflict if you have to have one. Mr. Fenn said the Three Mile junction corridor has been called for speed reductions. It wouldn’t surprise him if this starts warranting a 45-mile speed limit. Chairman Bertling suggested a turn-around at the light. Mr. Fenn said the only thing he worries about is a vehicle with a trailer on it or a delivery truck when negotiating the turn around. Mr. Fenn added there has been a lot of success in Ponderay and Coeur d’ Alene with turn arounds. Mr. Fenn commented that the only conflict would be who is trying to turn south from Tobe Way. Mr. Hall said it would be a signal-controlled intersection. A roundabout in a freight corridor is not favorable as these are first come first serve and truckers get frustrated with stops. Mr. Hall said the signal could be at either location, such as Sunrise Road or Tobe Way. The issue with a signal at Sunrise Road is the grade. Sunrise Road would need to be realigned and tie into Great Northern Road, which would require right-of-way. Mr. Hall said if a signal is proposed at Sunrise Road, it would require a considerable amount of work. Commissioner Robertson said with Option 4, ITD is saying no left turns. Ms. Nelson said it is right in and right out only. Mr. Fenn said it’s still proposing a signal at Tobe Way. Option 6 is the same without a signal, according to Mr. Hall. Mr. Fenn said he would leave the access control policy for ITD.

The last traffic study was done last October. Ms. Nelson said the Tribe provided and paid for the impact study and the signal study. Mr. Davis said 2024 is the build-out year, but with the travel center those numbers could come quicker than that. Mr. Davis added that any good traffic study will average out information and consider the seasons. Mr. Davis said there is an automatic traffic recorder at the site. Chairman Bertling said those numbers will not go down. The highway is a bloodline to Canada and Montana. It was said the traffic numbers are higher now than the numbers prior to 2019.

Mr. Hall said there had been questions about who owns the roads, such as will it be a county road? Mr. Fenn said their last project south of town is a permanent easement and like a lot of common language, it’s a 50-year easement that has to be renewed every 50 years. Mr. Fenn said he will give Ms. Nelson copies of the documents they went through to acquire the easement. It’s common now to get these easements and he doesn’t see a problem with renewal. Ms. Nelson said it would be like Riverside Road through the Wildlife Refuge.; it’s a permanent easement for 50 years until it renews. Commissioner Robertson asked if the roads to the west are being considered. Mr. Fenn said ITD has not considered any restrictions on those roads. Ms. Nelson said Plato Road could be a right in, right out. Those present discussed the ITD approach permit for Dollar General as a right in right out. Mr. Hall said the corridor projects in Coeur d’ Alene and Ponderay are based on conflict points. They were seeing 300 accidents in that corridor and they were intersection related or drivers trying to get out. Commissioner Robertson the reason he asked is because he sees some future discussions. Commissioner Cossairt said Option 2 can be a great benefit to people coming out of Great Northern Road.

Ms. Nelson said a couple of comments received were in favor of Option 2 for speed, grade and safety, and being good for businesses and residences. Ms. Nelson added that she would like to see all of Great Northern Road asphalted. Road and Bridge felt that if Option 2 was chosen and a new road was being built, Road and Bridge would take care of that cul-du-sac and it should be an all-season road with the Tribe accessing Great Northern Road.

Chairman Bertling commented on Option 5 and the impacts of a frontage road. A lot of this heartburn could have been avoided if had this done beforehand. The cart was before the horse by not having all of this figured out and he added that he would be remiss if he didn’t say that. Mr. Davis said the whole eastside of the road is growing, but the westside didn’t have this planning either. Mr. Davis spoke of laying out a better plan than the west side was done 40 years ago.

Ms. Nelson spoke of various parcels that will be improved along the highway and how the planning part for Road and Bridge is how to get all parcels connected to the highway now and have the Tribe offering to do an easement to the county at the same time they’re consider what their development will be. If Option 4 was chosen, the county would be asking the Tribe or someone else for access, etc. It’s something to think about when planning ahead and it may not be the best-case scenario. It’s having a property owner who wants to work with you. Ms. Nelson said Option 2 keeps the can from being kicked down the road; it takes care of it now. Chairman Bertling said he appreciates the work that went into this.

The meeting ended at 4:07 p.m.

4:17 p.m., Commissioners reviewed a quote for a telephone system for the Extension Office’s new location.

Commissioner Cossairt moved to accept Quote #15745 from Intermax Networks for a cost of $266.50 per month for the new Extension Office location. Chairman Bertling yielded the chair to second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “abstain”. Motion passed.

4:18 p.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)c, to acquire an interest in real property which is not owned by a public agency. 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 4:35 p.m.

Commissioner Robertson moved to send an offer letter to Parcel #62N01E145250 for the purpose of a construction easement. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Robertson moved to send an offer letter to Parcel #62N01E147800 for the purpose of a construction easement. Commissioner Cossairt second. Motion passed unanimously.

The meeting ended at 4:46 p.m.

There being no further business, the meeting adjourned at 4:46 p.m.

______________________________________
TIM BERTLING, Chairman
ATTEST:

________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Thursday, April 13, 2023 - 09:15
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