Commissioners' Meeting Minutes - Week of May 13, 2024

***Monday, May 13, 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., Sheriff Dave Kramer joined the meeting to discuss his request to order a new vehicle for his office.

County Civil Attorney Bill Wilson and Gregory Lamberty also joined the meeting.

Sheriff Kramer commented that this vehicle would be paid for out of this next year’s budget, but he was told about the short window to be able to place the order for this vehicle and the pricing is only available until June. Sheriff Kramer mentioned that several agencies were not able to order a vehicle last year due to the narrow window, so he would like to submit his order now to secure his place in line. This option is through GM and Sheriff Kramer briefly discussed details of the design build.

Attorney Wilson discussed procurement procedures. The Sheriff’s Office is supposed to obtain a vehicle through a grant and Sheriff Kramer said he keeps checking status of this process since the funding should be there for a base model. Sheriff Kramer added that he doesn’t think the wait is as long for a police pickup truck. With the grant for another vehicle, there is the potential for $44,000.00 in funding and he checked with the Department of Agriculture and they still have not yet received that funding yet, so it’s in limbo. Sheriff Kramer mentioned to Commissioners that there have been transmission issues on some of his office’s newer Tahoes. Commissioner Robertson asked about the order deadline of June in relation to payment. Sheriff Kramer said payment is at pickup so it will come out of next year’s budget, but it would put Boundary County on the list for a build and lock in the price. Clerk Poston asked if Sheriff Kramer only plans on purchasing one vehicle for next year in relation to his budget. Sheriff Kramer said yes, and he mentioned the status of the lease for a vehicle for the Undersheriff.

Commissioners asked about the outcome of the weekend’s mud bog events. Sheriff Kramer said he has 23 people in the jail.

Commissioner Cossairt moved to approve the request to order a Sheriff’s Office vehicle for the fiscal year 2024-2025 budget year. Commissioner Robertson second. Motion passed unanimously.

Sheriff Kramer left the meeting at 9:15 a.m.

Commissioners recessed until their next meeting at 9:30 a.m.

Chairman Bertling asked Attorney Wilson the status of the payments and invoices associated with the new Restorium flooring. There has been confusion and Attorney Wilson said it has been confirmed that the last invoice has been received and he recommended the county pay it.

Attorney Wilson explained that he’s working on the easement for a trail that is located across the river and he’s also looking at redoing the ordinance allowing for gas motors on Robinson Lake.

Attorney Wilson explained his reasoning for feeling the county should compensate Modern Machinery for work they did on the rock crusher for Road and Bridge, even though there were still issues and delays.

Attorney Wilson explained issues involving Planning and Zoning and how it impacts various things people care about and he added that he’s been around these issues long enough to concede that there might not be a good answer. Attorney Wilson wanted Commissioners to know that he is considering this issue quite a bit and he is working on it, so when he has a proposal that is different than what was done in the past, he will present that information. Attorney Wilson commented that every county struggles with this. Chairman Bertling said there are people coming in with different views. They want to come and if want to collect things and they do that, but other people might come in and live next to them and they don’t want to have to look at it. Attorney Wilson said there are good points and good arguments on both sides. It’s the hardest thing the Board and Prosecutor’s Office has to deal with.

Commissioner Cossairt discussed assigning addresses from the Kootenai River. The Waterways Board wants to move forward with putting mile markers along the river.

The meeting with Attorney Wilson ended at 9:50 a.m.

Commissioner Cossairt moved to sign Request for Reimbursement #34 and Summary Sheet for Airport Improvement Project 3-16-0004-017-2020 for the environmental assessment project. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2024-28. A resolution increasing the Road and Bridge budget due to receipt of logging stumpage. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-28 reads as follows:

(See Next Page for Resolution 2024-28)

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

Current Expense $ 104,446.42
Road & Bridge 259,639.19
Airport 13,703.12
District Court 6,501.83
Justice Fund 164,771.58
911 Funds 16,002.33
Health District 27,843.00
Indigent and Charity 2,376.00
Parks and Recreation 5,257.18
Revaluation 1,586.04
Solid Waste 109,198.61
Veterans Memorial 81.12
Weeds 516.56
County EMS 11,357.69
Restorium 26,407.54
Waterways 284.18
Grant, Boat Safety 1,910.83
ARPA Fund 29,800.00

TOTAL $781,683.22

Trusts
Auditor’s Trust – *Misc 175,615.29
Sales Tax Collected 703.22
Driver’s License Trust 10,947.00
Indigent Reimbursements 1,120.00
Motor Vehicle Trust Acct 218,113.76
Sheriff’s Trust Fund 800.35
Odyssey Court Trust Account 28,687.81
Odyssey Bond Trust Account 5,506.43
Odyssey Restitution Trust Acct 2,237.72

TOTAL $443,731.58

GRAND TOTAL $1,225,414.80

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2023-2024).

Clerk Poston left the meeting.

Commissioner Cossairt moved to accept the quote for services from Longwell-Trapp totaling $14,500.00 for the former Safeway building. Commissioner Robertson second. Motion passed unanimously.

Commissioners discussed a matter of a Restorium resident’s delinquent account. Commissioners discussed accepting the amount offered and to follow up with making payments for the remaining total. Chairman Bertling said he would reach out to the Restorium administrator to ask some questions about this.

10:00 a.m., Chief Probation Officer Alisa Walker joined the meeting.

Commissioner Robertson moved to go into executive session pursuant to Idaho Code 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 Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 11:00 a.m. No action was taken.

Ms. Walker left the meeting.

Matt Philbrook and Terry McPherson met with Commissioners to discuss a neighboring property where the property owner is possibly preparing the property for a trailer park or multiple RVs. Mr. Philbrook showed pictures of the property to commissioners. Mr. Philbrook said over last five years, this property has been a pain for neighbors who live on Brown Creek Road and he explained this is the same property that had a house burn down on it last year.

The area is zoned residential. In year 2020, the prior property owner had a non-compliant 35+plus car junkyard with no enforcement from the county and he tried to get Planning and Zoning to do something, but nothing happened. The property is only 150 yards from Brown Creek. This property sold on March 2024, and there were a lot of junk cars on the property when it sold. The cars are leaking gas and oil into Brown Creek, according to Mr. Philbrook. Mr. Philbrook explained that he is a retired government engineer and he used to do environmental work and assessments and, in his opinion, this property needs to have an assessment due to the old cars. The new owner took possession of the property in May 2024 and in five days, he had additional water, sewer, and electric services installed in addition to the current two services feeding the trailer and building pad. The building pad was for the building that burned down last March. There are six services on this property now and it’s zoned residential. This property will lower property values, decrease utilities, and impact the environment due to being a junkyard. There is no permit from Panhandle Health District and Cabinet Mountains Water District can shut this place down. Mr. Philbrook said there are already existing water and sewer lines buried in the ground and they don’t have a vault, but it’s staked for one. This is just running willy-nilly and the property owner hasn’t gone through Planning and Zoning. The services were done very quickly, in about four days. Mr. Philbrook asked what the county’s enforcement is and he said there is none. Chairman Bertling said due to the county’s code, the property owner can have hookups, but he would have to go through Planning and Zoning to apply for a conditional use permit. (CUP) and a notice of hearing would be sent to neighboring land owners. It was said the property owner can have up to five water hookups. Mr. Philbrook said the property already has six hookups. The application would have to go before the Planning and Zoning Commission and property owners up to 300 feet from the property would receive a notice of hearing. Mr. Philbrook said he doesn’t know if paperwork has been started. Mr. Philbrook and Mr. McPherson commented that they did reach out to Contract Planners Ruen Yeager and Associates about this property.

Chairman Bertling said just like last week, a person can pay the fine and still be allowed to leave the violation in place. Mr. Philbrook said that’s not enforcement. Commissioner Cossairt said he would be surprised if Cabinet Mountains Water District would allow this to go through. Mr. Philbrook said Jeremy Davy with Cabinet Mountains Water District had stated that this is a residence and the property is only allowed to have one service, so the property owner already broke the rules by having the trailer and the additional pad. Chairman Bertling said the water district could deny water service. Mr. Philbrook said the property owner lives in Sandpoint and is just going to have six rentals on this property. There needs to be enforcement. We have such an influx of people moving in and they’re continually moving in and think they’re living out in the sticks so they can do whatever they want. They will just build something and ask for forgiveness later. To someone it is their treasure, to someone else it’s a junk yard.

The meeting with Mr. Philbrook and Mr. McPherson ended at 11:20 a.m.

Commissioners tended to administrative duties.

Commissioners recessed for lunch.

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., Road and Bridge Department Assistant Adam Ryals joined the meeting to give the department report. Mr. Ryals reviewed his written report to include doing traffic counts, filling potholes on the westside using the Durapatcher, looking at Wilderness Road, cleaning bridges, etc.

Mr. Ryals informed Commissioners that a property owner on Wilderness Road has requested putting up a gate at the end of the county’s portion of this road. The county cannot say yes or no and that road goes back to state land. Mr. Ryals said he went back and looked at Wilderness Road and he understands not abandoning it. There is more talk about proposed abandonment on Chutes Canyon and a property owner wants the county to abandon a portion of this road. There is access to this property off of Bench Road to the east. The property owner has a shed that is within the county right of way, according to Mr. Ryals. With the county growing, it’s good to look down the road.

Chairman Bertling said after talking with County Civil Attorney Bill Wilson, it was suggested that Road and Bridge move forward and pay the crusher bill to Modern Machinery. Commissioners asked Mr. Ryals if he’s heard anything from the appraiser regarding the Riverside Road Improvement Project and Mr. Ryals said he hasn’t, but that work should be done.

Mr. Ryals informed Commissioners that he spoke to Solid Waste Department Superintendent Richard Jenkins about the Grizzly rock screener. There is some welding that would be needed to make it work for what the landfill needs, but Mr. Jenkins had commented that he would want this equipment on his inventory.

Commissioner Cossairt moved to sign the amended Independent Contractor Agreement with GMCO Corporation for delivering liquid magnesium chloride to Boundary County Road and Bridge. Commissioner Robertson second. Motion passed unanimously.

Those present discussed what is involved with filling potholes, available positions at Road and Bridge, tanker endorsements and other endorsements, etc.

The meeting with Mr. Ryals ended at 2:23 p.m.

2:30 p.m., Solid Waste Department Superintendent Richard Jenkins joined the meeting to discuss options to solve water seepage into the landfill office. When the landfill office extension was built, it was built to grade and not graded for water and snowfall to drain away. Seepage is now starting to undermine the foundation of the landfill office building. When the ground gets saturated, the water seeps into the building and it’s also now starting to seep into the old portion of the build. Mr. Jenkins reviewed options to rectify the issue and he said the second option for asphalt is the best solution. Mr. Jenkins added that he does have budget for the work and some will run into the next year’s budget. Commissioner Robertson and Mr. Jenkins reviewed the information. Commissioners said they were fine with having the work done. There is $20,000.00 in the budget for the office project and this will cost approximately $15,000.00. Finishing the inside of the office is budgeted for the next year as well as addressing other buildings, but the office seepage issue needs to be taken care of first. Mr. Jenkins said he wants to do the asphalt, but not the French drain. The French drain will take the water away, but the water can still puddle if the asphalt is not addressed.

Commissioners said they would add a motion to the agenda for next week to approve having this work done.

Commissioners briefly talked to Mr. Jenkins about the use of the Grizzly rock screener that Road and Bridge has. Commissioner Robertson said we’re all on the same team so it doesn’t matter whose inventory the equipment belongs to. Those present discussed getting a quote for the welding that will be needed. Mr. Jenkins asked about the possibility of purchasing a Grizzly from a private party.

The meeting with Mr. Jenkins ended at 2:54 p.m.

There being no further business, the meeting adjourned at 3:00 p.m.

______________________________________
TIM BERTLING, Chairman

ATTEST:

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

Date: 
Tuesday, May 21, 2024 - 18:00
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