***Monday, June 12, 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., Idaho State Department of Agriculture Section Manager for Invasive Species, Nicholas Zurfluh met with Commissioners to discuss the aquatic invasive species boat check station for north bound traffic. Also present were: Sheriff Dave Kramer, Sheriff’s Office Marine Deputy Caleb Watts and Waterways Board Chairman Darron Branson.
Mr. Zurfluh said there have been changes as far as the encroachment of invasive mussels. The last update for information on the boat checks was around year 2018. Mr. Zurfluh explained the river system and which areas are free of invasive mussels, and he commented on boat inspections and sharing high risk data, especially for boats that are moved around often. Mr. Zurfluh explained that mussels can affect boats, dams, water intakes, and they can colonize on a bit of everything. If there is an irrigation intake in the river, mussels will colonize and you have to go out and remove them. Mussels can clog systems and affect municipal water systems, encrust boat docks, etc., and that is the economical side to mitigate. On the environmental side, these mussels are non-native; they’re not native to north America and they came in on shipping containers. When mussels are put in a new system, they either don’t do well and don’t make survive or they do well and they don’t have natural predators. They will do well, until they don’t, according to Mr. Zurfluh. You can put a filter feeder in the river that has no predators and it filters plankton. Mussels consume plankton and fish eat the same plankton. On most lakes you see smaller and fewer fish. Initially in 2018, there was a big push to do more boat inspections, but that has changed a bit. Over the last two years, the state of Montana has been able to delist tiger mussels and now they’re in a prevention stage. Montana has a robust inspection system and there is a lot of prevention on the western side of Montana and Wyoming. Mr. Zurfluh said there have been quagga mussel inspections in South Dakota so Wyoming is ramping up to protect their waterbodies from infestation. Mr. Zurfluh listed the location of various check stations. Mr. Zurfluh said he can’t promise zero risk for quagga mussels, but there are multiple inspections sites. The intent of the program at the borders is triaging high and low risk boaters.
Chairman Bertling asked if there is any data for invasive species at the Samuels check point station. Mr. Zurfluh listed the various higher risk check stations and he said he doesn’t think mussel-fouled boats had been found at the Samuels station last year. Information is even counted for dead mussels and they try to determine live versus dead mussels. At the stations there are a vast majority of boats that were carrying dead mussels. It’s extremely hard to remove all of the shells. Hot washes consisting of 140 degrees will kill the mussels, but it doesn’t remove them. The Samuels check station will probably see a mussel-fouled boat once per year and the boat will probably be carrying dead mussels, because it’s been inspected and hot washed. Mussels can live outside of water for approximately 30 days, but it also depends on environmental conditions outside. If the conditions are moist and humid, that life span can be extended. If weather reaches 80 degrees or so, that can cut down the life span outside of water down to five or seven days and in higher heat, that time can be cut to just a few hours and up to three days. It can depend where the mussels are on the boat as well.
Sheriff Kramer asked if the check stations are also looking at milfoil. Mr. Zurfluh said up to this point they’ve been looking at quagga mussels, but there are also aquatic plants moving around and that would be a concern for north bound traffic. Mr. Zurfluh said when talking about the northbound traffic at Samuels, it’s the safety aspect of getting drivers off of the highway at the corner. People will turn off the highway and go through the inspection station, but the worst part is getting drivers back on to the highway. People are driving faster and faster. Mr. Branson said there is the same concern with truck drivers coming out of the gas station. Sheriff Kramer said if you have people enter and exit out of specific areas, it could help accommodate north and south bound traffic in the same location. Mr. Branson said even if we can just have awareness, because he would make sure his boat and trailer are cleaner knowing he’s going to get stopped. Mr. Zurfluh said the number of boats getting checked at the Samuels station is approximately 3,000 to 5,000 per year. This year is tracking a bit higher than last year and is probably going to be similar to 2019, but nowhere near the volume of 2020 for boating traffic.
Chairman Bertling questioned the pullout area of Highway 95 near Naples as a check station site. Mr. Branson said he thought that had been proposed in the past and the Idaho Transportation Department (ITD) was not in favor of that, but if boats are to be inspected, he wants to work through that to get it done. Mr. Zurfluh said the shift in quagga mussels has changed, but not so much for the aquatic plants. Those present spoke of increasing signage. The theory is to create a paradigm shift for boaters to check and clean their boats themselves and not rely on these stations to do it.
Mr. Zurfluh discussed the equipment, funding and training formulas for staff working at the stations. Mr. Branson asked if the check station is working through the Soil Conservation District and Mr. Zurfluh said yes, they’re still working with them.
Commissioner Robertson said it doesn’t make a lot of sense to him to add another north bound station. The safety risk seems pretty low. Mr. Zurfluh said he feels the Idaho Panhandle is probably one of the safest places as far as inspections. The one thing the Samuels station is catching from north bound traffic are weeds, but in general he cannot offer zero risk.
Chairman Bertling said with the increased population, Commissioners may have to talk with ITD to see if they will allow a northbound station. Mr. Branson said we could ask for the mobile station to come here so if we back off on inspections, maybe we can ramp up the mobile station. Commissioner Robertson asked who shut down the northbound checks and Mr. Zurfluh said the Bonner Soil & Water Conservation District and the State of Idaho. If Commissioners were to write a letter regarding the inspection stations, it would probably be addressed to the State Department of Agriculture, but it could also include the Soil & Water Conservation District.
Mr. Branson said he feels comfortable with the mussel situation, but he would like to put an emphasis on public information. Maybe there could be a better job of advertising and have the mobile inspection station and a booth or representative at Kootenai River Days. Mr. Branson explained a dangerous situation he had witnessed when someone had bypassed a check station in Samuels and the deputy chased after the driver at a high rate of speed. Sheriff Kramer said it would be good to have a separate check station if we’re having safety issues so maybe have another location or a safe way of routing traffic. Sheriff Kramer said he would hate to see our rivers and lakes getting milfoil. Chairman Bertling said he would talk with ITD this week to see what they have to say.
The meeting to discuss a northbound boat inspection station ended at 9:45 a.m.
Commissioner Cossairt moved to approve the minutes of June 5 & 6, 2023. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2023-46 ARPA. A resolution regarding Boundary County ARPA appropriation to Grandview Cemetery. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-46 ARPA reads as follows:
RESOLUTION 2023-46 ARPA
Boundary County
ARPA Appropriation to Grandview Cemetery
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 Cistern Pump project to aid during water usage events, within the district.
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 purpose of providing up to $25,000.00 for the purchase of materials and labor for this project which is in excess of $31,000.00. Grandview Cemetery may choose to purchase more, but Boundary County is only contributing the $25,000.00.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $25,000.00 is to be disbursed from the ARPA General Account #0107, these funds shall then be remitted to Grandview Cemetery in the amount of $25,000.00
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 12th day of June, 2023
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 #294612
Commissioners received a request for a fee increase for the Department of Motor Vehicles to the title administration fee. The request is for an increase of $5.00.
Commissioner Cossairt moved to schedule a public hearing in order to consider the request for an increase of $5.00 to the current Department of Motor Vehicle Title Administration fee per vehicle title transaction. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Idaho Department of Lands Request for Reimbursement #7 for the South Boundary Hazardous Fuels Reduction II (Community Fuel Breaks) project, Grant #20WFM-Boundary. Commissioner Robertson second. Motion passed unanimously.
Commissioner Robertson moved to ratify the motion to approve the change order for the sidewalk improvement project with Cubix. Commissioner Cossairt second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 149,984.21
Road & Bridge 264,190.12
Airport 4,690.97
District Court 5,077.00
Justice Fund 87,202.23
911 Funds 5,152.37
Parks and Recreation 7,398.33
Revaluation 1,040.38
Solid Waste 30,658.18
Tort 3,564.19
Veterans Memorial 58.91
Weeds 9,272.76
County EMS 1,081.04
Restorium 76,087.80
Waterways 2,949.17
Grant, Boat Safety 348.80
ARPA Fund 119,378.92
TOTAL $768,135.38
Trusts
Auditor’s Trust – *Misc 17,022.64
Boundary Co. Drug Court Trust 200.42
Driver’s License Trust 9,710.50
Interlock Device Fund 100.00
Motor Vehicle Trust Acct 229,751.35
Sheriff’s Trust Fund 607.85
Odyssey Court Trust Account 18,610.35
Odyssey Restitution Trust Acct 4,126.39
TOTAL $280,129.50
GRAND TOTAL $1,048,264.88
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2022-2023).
10:10 a.m., Commissioners considered the county’s alcohol beverage license application for the Kootenai Tribe of Idaho doing business as the Sturgeon Station Travel Center to sell bottled and canned beer and wine to be consumed off premises. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The proceedings were recorded.
The completed county application has been received. Yet to be received is the applicable fee, the 2023 State of Idaho Retail Alcohol Beverage License and the 2023 Panhandle Health District Food Permit.
Commissioner Cossairt moved to approve the 2023 County Alcohol Beverage License for the Kootenai Tribe of Idaho doing business as the Sturgeon Station Travel Center to sell bottled and canned beer and wine to be consumed off premises, pending receipt of the applicable county application fee, the 2023 State of Idaho Retail Alcohol Beverage License and the 2023 Panhandle Health District Food Permit. Commissioner Robertson second. Motion passed unanimously.
The meeting to consider the county alcohol beverage license ended at 10:11 a.m.
10:25 a.m., Courthouse Maintenance Squire Fields joined the meeting.
Mr. Fields updated Commissioners on the issue involving the RV dump site at the fairgrounds. Mr. Fields said the water is not potable, but sewage is leaking. Chairman Bertling said we still have ARPA money available. The quote for repairs is $27,550.00, but if the main sewer line is also faulty, it will cost more. Mr. Fields said he would put a cover over the dump station sign to deter people from using it. Commissioner Robertson feels Commissioners should move ahead in fixing it. This RV dump site is used a lot and Commissioners can use ARPA funds to move forward with making repairs.
Mr. Fields said the sidewalk project is moving along, with the exception of the setback due to rain.
Mr. Fields discussed replacing the old air conditioning unit on the roof of the Courthouse. The three-phase electric had not been wired as three phase, according to Mr. Fields. The unit’s control board is burning out and they’re not made new boards for this model. Mr. Fields said you can find older control boards online, but they’re not guaranteed. The other option is replacing the entire unit. The cost to get another control board is $1,000.00 and if you want a new air conditioning unit, it will take 12 weeks. Commissioners were in favor of purchasing another control board.
Mr. Fields said he would get a quote to reseal the parking area near the fair office. Mr. Fields asked about a dumpster at the new Extension Office. Mr. Fields will get a quote for garbage bins.
The meeting with Mr. Fields ended at 10:30 a.m.
10:30 a.m., Commissioners reviewed a request for a letter of support for EL Internet as it pertains to applying for a broadband grant.
Commissioner Cossairt moved to sign the letter of support for E.L. Internet in their efforts to obtain a grant for broadband services through the Idaho Department of Commerce. Commissioner Robertson second. Motion passed unanimously.
Commissioners tended to administrative duties until their next meeting at 11:00 a.m.
11:00 a.m., Solid Waste Department Office Manager Richard Jenkins 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 11:27 a.m. No action was taken.
The meeting ended at 11:30 a.m.
11:30 a.m., Court Assistance Officer Jay Sturgill joined the meeting.
Mr. Sturgill introduced himself to Commissioners and explained that he’s been with Boundary County for 11 years and had been a lawyer, but stopped practicing law when he became the court assistance officer. Mr. Sturgill said in reality now, the most important work he does is working through custody cases and he’s a resource for someone who represents themselves, but he cannot become that person’s lawyer. Mr. Sturgill said he can provide legal education, but not representation. He cannot give advice. Mr. Sturgill is the court assistance officer for the five northern counties. He makes approximately 150 contacts per week and he is in contact with people via email, telephone and meets with people in person. Mr. Sturgill explained his work and work schedule. He informed Commissioners that he is the Chairman for the Lawyer Referral Service. Mr. Sturgill spoke of starting the Modest Means Program where attorneys agree to represent a client for only $60.00 per hour.
Chairman Bertling explained Commissioners having a hard time finding attorneys to fill the public defender position.
The meeting with Mr. Sturgill ended at 12:00 p.m.
Commissioners recessed for lunch at 12:00 p.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., Road and Bridge Department Co-Superintendent Randy Morris joined the meeting to give the department report. A written report was provided and Mr. Morris reviewed matters listed in the report. There was a break-in at the Fitzpatrick pit. Mr. Morris said this pit is supposed to be surveyed so Road and Bridge will look into putting a fence around it.
Mr. Morris said they contacted Caterpillar (CAT) and CAT should have the part for the generator tomorrow. CAT will put the generator back together, but they won’t be able to have it tested until the first part of next week. The crusher cone might be done Wednesday. Mr. Morris spoke of the work schedule for chip sealing Brown Creek Road and Old Highway Two Loop. The Durapatcher has been down, but it should be ready soon.
Chairman Bertling mentioned the paving project on Deep Creek Loop. Mr. Morris discussed paving a three-inch strip that is 25-feet wide as well as the approach at one end of Lookout View Road by the railroad tracks.
Commissioners and Mr. Morris spoke of the highway construction project. The contractor for this project had closed Labrosse Hill Road, but failed to notify anyone. There had been a medical emergency on Labrosse Hill Road so law enforcement and emergency services had to drive around to respond. Chairman Bertling asked about ecology blocks in relation to Eileen Road.
The meeting with Mr. Morris ended.
Commissioners briefly discussed setting the schedule for interviews for the Chief Probation Officer position.
2:25 p.m., Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.
2:30 p.m. Sheriff Dave Kramer and Undersheriff Rich Stephens joined the meeting to discuss a school resource officer position.
Sheriff Kramer informed Commissioners of meetings he’s had with the School District about the need for a second school resource officer (SRO) and budgeting for this position. The proposal is to have a county school resource officer whose primary focus is the elementary schools, but still works together with the city’s school resource officer to cross cover on cases when needed and to pick up slack. The School District has funds ranging from $30,000.00 to $35,000.00 to put toward the second SRO and the Sheriff’s Office would contribute a percentage considering school’s donation and opioid funds. Sheriff Kramer said he would like to have access to these opioid funds to get someone hired before school starts and not take from the existing budget. This would allow the opportunity to move this forward. Sheriff Kramer explained that he may not be able to have the second SRO fulltime until January, but having someone in the position would help pick up the slack. Clerk Poston said the county has approximately $84,000.00 in National Opioid Settlement funds and the county is to receive funds annually in an amount ranging from $13,000.00 to $23,000.00, depending on the year. Undersheriff Stephens asked about the variable amongst the years and Clerk Poston said it depends on settlement details as there are different settlement amounts for the various pharmaceutical companies. Clerk Poston added that the county has been receiving what it is scheduled to get and the county has not elected to donate these funds to Panhandle Health District. The SRO position is within the allowed usage of these funds, according to Clerk Poston. Sheriff Kramer discussed drafting an agreement for the SRO position and send it to County Civil Attorney Tevis Hull for review. The best-case scenario is finding someone to fill the position and the county would be looking at two months for the salary until the new budget year. Clerk Poston commented on the reporting requirements in relation to using the National Opioid Settlement Funds. Clerk Poston asked about the timing of the School District’s contribution. Sheriff Kramer said he thinks the School District has some of the funding available now. Commissioner Robertson asked what happens to the county’s SRO position when the school season is over. Sheriff Kramer said this position will fall back to working regular Sheriff’s Office duties, such as patrol. Chairman Bertling said he has no problem starting with putting $25,000.00 in National Opioid Settlement funds toward this position.
The meeting with Sheriff Kramer and Undersheriff Stephens ended at 2:47 p.m.
Ms. Bonsant left the meeting.
There being no further business, the meeting ended at 3:24 p.m.
________________________________________
TIM BERTLING, Chairman
ATTEST:
_____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk