***Monday, May 22, 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.

Marty Martinez joined the meeting for a portion of the morning.

9:00 a.m., Commissioners canvassed the ballots for the Boundary County Library and City of Bonners Ferry elections.

Commissioner Cossairt moved to sign the canvass of ballots for the Boundary County Library and City of Bonners Ferry elections held on May 16, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioners tended to administrative duties.

Commissioner Cossairt moved to sign the Certificate of Residency for Christine Callison. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the State of Idaho Contract Amendment No. 4 for the Boundary County Mosquito Abatement District for the mosquito surveillance study. Commissioner Bertling second. Motion passed unanimously.

Clerk Poston discussed the possibility of holding another community shred day and she explained how the process worked the first time. Chairman Bertling said he didn’t have a problem with it. Commissioner Cossairt said he doesn’t have an issue, but wonders when we will be able to get the most volume. Clerk Poston said the county could hold this event again this year, but not until after summer and she will need to find the dates that Devries Business Services can come to Bonners Ferry in the fall. The cost to have this service last time was less than $1,000.00, according to Clerk Poston.

10:00 a.m., Restorium Maintenance Kevin Schnuerle joined the meeting to give the Restorium report.

Mr. Schnuerle discussed waiting on Carpet Warehouse’s public works license to get started on replacing the flooring in the upper level of the Restorium. Those present discussed the water heater costs as being something the Restorium may be able to wait until next year to purchase.

Mr. Schnuerle said he had a quote from Formula Fabrication totaling $30,958.00 for a ductless heating and air conditioning unit for both lobbies and the dining room. Clerk Poston reviewed budgets for this purchase and Commissioners could use funds from the Restorium’s capital line item. Mr. Schnuerle said he also has an estimate for the south door entrance of the Restorium, which has now become the main entrance. There is a lip at this door that people have to lift their walkers and wheelchairs over while the door pushes on them when it closes as they’re still trying to get through. Bonners Ferry Builders looked at this door last week. A cement pad that is wider than the door would be beneficial to have in front of the door as well as a push button ADA-approved door so it stays open. That work will cost $4,850.00.

Mr. Schnuerle asked if he could put up a fence using leftover white vinyl fencing at the Restorium along the area where the shop is. Commissioner didn’t have a problem with that. Mr. Schnuerle asked if he could use the help of Courthouse Maintenance Assistant Mike Kralik one day per week in the morning for a four-hour period on a regular basis. Commissioners asked Mr. Schnuerle to determine a day that works best for him and they would talk to Courthouse Maintenance Squire Fields about it to let him know.

The meeting with Mr. Schnuerle ended at 10:11 a.m.

Seth Fisher, Doug McClure and Attorney Jeff Boiler joined the meeting.

10:30 a.m., Property owners John Poland and Lisa Aguilera joined the meeting to discuss junk on Mr. Fisher’s property.

Mr. Poland presented Commissioners with documentation and pictures of the junkyard operation near his property that’s been going on over the last five years and he said this is not the first time they’ve complained about it. Chairman Bertling asked when the original complaint was made and Mr. Poland said it was October 2018, to Planning and Zoning Administrator John Moss. It was said it’s more of a commercial operation and less of a junk yard. Mr. Fisher is moving things in to be sold and moved out. If items are being sold online, that is a commercial operation, according to Chairman Bertling. Commissioner Robertson asked about selling items off of the property and Mr. Fisher said he’s not and nobody else is and he added that he didn’t say it’s in that location. Chairman Bertling said the pictures would say otherwise. Mr. Poland said the Ebay photos also say the location is in Naples. Mr. Fisher commented that he sells small knickknacks through the mail. Mr. Fisher added that he’s building on his property and he’s put in power, a well and experienced a house fire last year. Mr. Fisher informed Commissioners that he is constantly being harassed by Mr. Poland. He can’t start equipment on his property or get his mail without Mr. Poland being there. Ms. Aguilera asked Mr. Fisher if he pays services for the road. Mr. Fisher commented on having the access on his deed and of constantly being surveilled. Mr. Fisher said Mr. Poland has 30 acres and he could have put his house on the other side of the property, but he chose to put it on his side and now he wants to sell and he doesn’t like it. Chairman Bertling said the problem he has is that the county doesn’t have an ordinance for the containers. Mr. Fisher said he’s been paying property taxes on those trailers for several years now and they’re basically storage sheds. Chairman Bertling said he agrees to a certain extend about where a person places their house. Commissioner Robertson asked Mr. Fisher if he’s denying he has a commercial business. Mr. Fisher said absolutely, it’s not a commercial business; it’s just the shop. Chairman Bertling asked about the junk yard and he commented that it looks like a junk yard to him. Mr. Fisher asked what would qualify as a junk yard and Chairman Bertling said when you have things that would be salvaged and made for scrap, such as a cab of a truck, old wheels, etc. Ms. Aguilera commented on derelict autos and Mr. Fisher said all of his vehicles run. Mr. Poland said all of the pictures he took were from his own property and he only provided photos that show a small portion. Chairman Bertling said Commissioners will need to talk to the county civil attorney and the Planning and Zoning Office about this to see what this matter would be deemed and he mentioned nuisance. Mr. Fisher said he had set his foundation before the material showed up. Mr. Fisher said he originally started in year 2017. Mr. Poland pointed out that degradation is affecting his property values and the value of other properties. They have no chance of selling their property for anywhere near what market value would be due to this. Another neighbor, Tony Jacobs, won’t be able to recover any value due to the junk yard. Mr. Fisher said his containers were in place before that.

Attorney Boiler explained that he represents Mr. Fisher, his family and the limited liability corporation. He’s familiar with the dispute and tried to be a conciliatory influence. Attorney Boiler said he’s only here to ask that we watch the process closely, because it’s been spoken to before by former Commission Chairman Dan Dinning. He doesn’t want the county attorney to get blind-sided. He’s also hearing about property rights. Attorney Boiler said he would like to be involved in the process of facts. Chairman Bertling said there are other properties in the county that are similar and that impact property values. Attorney Boiler said he does follow certain real estate practices so he does look into these situations for his clients. The approach he would like to have is any approach is based on evidentiary and it’s more likely to come to a fair conclusion and process. Mr. Poland said to remember that this has never been adjudicated. There are letters of complaint and they’ve been given to the county civil attorney, but it’s not gone farther than that. It has basically been tabled, but it’s now gotten significant enough and it’s now a violation and should be dealt as such. Mr. Poland said he would be glad to bring in more neighbors, a timeline of development, etc. Mr. Fisher said Mr. Poland is correct in that he’s developing the property. Mr. Poland said, as a junkyard and Mr. Fisher said it’s his shop and his house.

The meeting ended at 11:03 a.m.

11:03 a.m., Boundary County Economic Development Council (EDC) Director David Sims joined the meeting.

Mr. Sims said he’s meeting with Commissioners to present the EDC grant match letter for the program. The amount is the same at $12,000.00 and the City of Bonners Ferry also contributes $12,000.00.

Commissioner Cossairt moved to sign the grant match letter for the Boundary County Economic Development Council Program. Commissioner Robertson second. Motion passed unanimously.

Those present discussed various grant lenders for various projects.

The meeting with Mr. Sims ended at 11:16 a.m.

11:17 a.m., Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.

11:20 a.m., Ben Wolfinger with the Idaho Sheriff’s Association, Sheriff Dave Kramer and Undersheriff Rich Stephens joined the meeting. Those present briefly discussed Lombard Conrad Architect’s quote for jail and Courthouse improvements. Sheriff Kramer said the draft design is for 60 beds, which will take the jail a long way into the future.

Sheriff Kramer said he’s seeing a different climate and seeing more people with mental health issues so having a separate room for medical situations in the jail would be a benefit. Mr. Wolfinger spoke of a central hub design and explained that benefits of that design. Sheriff Kramer said the female inmate population is increasing. The State of Idaho is also looking for places to house their inmates. Sheriff Kramer said he’s talked to the Department of Agriculture about funding for these projects and Idaho has only had $220,000.00 per year for programs and the jail project would fit their program, but it’s a grant for only $40,000.00. There are also low interest programs. Sheriff Kramer said if the jail housed federal inmates, it would offset the cost of the jail and make it more reasonable. The Federal Government reserves a set number of bed space regardless if they’re used or not. Mr. Wolfinger said Sheriff Kramer is running a good operation and doing a great job with what he’s got, mentioning that they’re short staffed. Mr. Wolfinger spoke of interviewing inmates in the Boundary County Jail and they stated that the Sheriff’s staff treats them like people and are kind. Sheriff Kramer said Lombard Conrad mentioned that jails are now probably averaging a little over $600.00 per square foot.
Mr. Wolfinger left the meeting at 11:33 a.m.

Sheriff Kramer said the Sheriff’s Office is starting to see a lot of calls on a regular basis that are more high risk.

Sheriff Kramer discussed needing to upgrade his office’s tasers to the new model since it’s starting to get to where you can’t order replacement parts. The new model has two cartridges for close and far ranges. The term of the agreement for tasers is five years, but there is an exist clause. The cost for the first year is $8,366.07 to get taser and cartridges for the deputies and the cost for the remaining years is $7,107.04. The agreement is for purchase; not a lease. The cost has typically been in the fire arms budget for the Sheriff’s Office. Undersheriff Stephens said the current tasers have lasted approximately 10 to 12 years.

Commissioner Cossairt moved to sign the quote, No. Q-484125-45062.775CE with Axon Enterprises, Inc., for the purchase of new tasers at a cost of $8,366.07 the first year and $7,107.04 for the next four years. Commissioner Robertson second. Motion passed unanimously.

Sheriff Kramer discussed personnel for his office. When hiring new employees at the Sheriff’s Office they are short staffed when the employee is attending Peace Officers Standards and Training (POST). The Sheriff’s Office has been trying to recruit employees and there has not been a difference for lateral employees or new hires. For dispatchers and patrol deputies who have no experience, it takes eight to 10 months of academy training in order for that employee to be sufficient on their own. The Sheriff’s Office is trying to have either a lateral adjustment and incentive for the employee to reach different certification levels. Currently there are no benefits to advance to the next level. Bonner County Commissioners have done a wage study for their employees and have made an adjustment to wages. Sheriff Kramer suggested Commissioners look at this study to consider bringing wages more in line so the Sheriff’s Office can maintain personnel and not have to hire new, especially the patrol level should be considered. The Sheriff’s Office is also looking into a dispatch supervisor and in the meantime, Undersheriff Stephens has been tasked with filling that role since they don’t have one and it creates challenges by not having a dispatch supervisor. This is a position that was lost last budget year. Undersheriff Stephens said the Sheriff’s Office doesn’t necessarily need to hire someone for the dispatch supervisor since they can adjust to fill that role.

Clerk Poston stated that there have been approximately 10 requests for new employees in budget requests from various departments and she asked that everyone be aware of that. For the Sheriff’s Office there has been a request for a detention deputy and the school resource officer position has been talked about as well. Sheriff Kramer spoke of requesting a full-time deputy assigned to the schools and he explained working with the schools in which the school will pay a portion of that cost and the National Opioid Settlement Notice funds will also be used. Clerk Poston questioned what the school is going to contribute. Clerk Poston gave a recap and mentioned a request for a part-time detention deputy and driver’s license clerk. She explained that there won’t be carry forward funds in the Sheriff’s Office and there has to be enough money in the budget to fund the first three months of the next budget year.

The meeting with Sheriff Kramer and Undersheriff Stephens ended at 12:09 p.m.

Commissioners recessed for lunch at 12:10 p.m.

1:30 p.m., Commissioners reconvened in 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-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided. Mr. Morris provided an update. Chairman Bertling discussed Perkins Lake Road with Ms. Nelson and Mr. Morris based on a telephone call he received.

Ms. Nelson spoke of areas where the county’s right-of-way is not wide enough to not cause problems or undermine the road or someone’s property when Road and Bridge is working on it.

Ms. Nelson inquired about the process to take when the drug testing company who conducts the drug tests on a new employee cannot locate the results.

Ms. Nelson and Mr. Morris spoke to Commissioners about the upcoming US 95/McArthur Lake project in relation to heavy trucks. This project has a waste site associated with it on White Mountain Road past where the new RV site is and if heavy loads are being hauled, it will be hard on the county road. There are also trucks associated with the highway project that come off from the county roads that are loaded with rock and they’re probably over weight.

County IT Director Matt Hodges joined the meeting at 1:48 p.m.

Ms. Nelson discussed receiving a phone call from someone requesting to haul 167,000 pounds in Paradise Valley, but they were told they would have to travel the highway. Ms. Nelson questioned if it is okay for a contractor to work on the Deep Creek Loop project on the Juneteenth holiday when Road and Bridge is not in. Commissioners didn’t have any issues with the private contractor working that day.

Commissioner Cossairt moved to adopt Resolution 2023-44 ARPA. A resolution regarding ARPA appropriation to Cabinet Mountain Water District. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-44 ARPA reads as follows:

RESOLUTION 2023-44 ARPA
Boundary County
ARPA Appropriation to Cabinet Mountain Water District

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 purchase of TSI Flowmaster 250 Hydrant Flow Tester with Data Logger 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 purchasing up to $25,000.00 for the TSI Flowmaster 250 Hydrant Flow Tester with Data Logger. Cabinet Mountain 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 Cabinet Mountain Water District 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 22nd day of May, 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 #294469

Commissioners, Ms. Nelson and Mr. Morris discussed relocating Addressing Coordinator Debra Drager from the Road and Bridge Office to the Planning and Zoning Office. Chairman Bertling said Contract Planner Clare Marley had told him that it will be a tight fit if there are members of the public meeting in that room, in addition to the planner and addressing coordinator.

2:00 p.m., Dan Spinosa with Innovate!, Inc., County IT Director Matt Hodges, Assessor Olivia Drake, Contract Planner Clare Marley, Addressing Coordinator Debra Drager, Sheriff Dave Kramer, and Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris met with Commissioners to discuss matters related to information on GIS mapping, Planning and Zoning and 911 addressing.

Mr. Spinosa explained that he had sent an email regarding contracts to finish out this fiscal year and decide what to do for the next fiscal year. Mr. Spinosa listed what tasks have been accomplished to date, such as setting up the Enterprise Program. This system is up and functioning, the backups are configured and running and a lot of information has been uploaded into the system, such as AS400 extracts, parcel data, and polygons that run nightly and link up. The work that Ms. Drager and Assessor Drake would use the system for was discussed. Chairman Bertling asked how hard it would be to upload flood plain maps and flood plain information into the system. Ms. Marley explained matters pertaining to flood plains and she said there is no digital information. Ruen-Yeager and Associates could become a technical partner and the county would have a working GIS system. Ms. Drager said she did create a zoning map, but she is not certain what Planning and Zoning needed.

Mr. Spinosa spoke of buffer maps and he explained that you could click on one or more properties and it will list who the property owners are. Mr. Spinosa discussed being able to make custom maps for each department. Ms. Nelson said the goal is for all of the affected county departments to be able to view the same data. Mr. Spinosa discussed file storage and sharing. Ms. Nelson asked where Innovate is at for the Intrado Program for the Sheriff’s Office and it was said that information was with Mapsag. Ms. Drager said doesn’t think Mapsag is needed. Flood map information was discussed.

Commissioners and Ms. Marley discussed what day of the week Ms. Drager would be working on addressing in the Planning and Zoning Office.

Assessor Drake asked about the upcoming contracts with Innovate! Inc.., in relation to hours needed.

The meeting ended at 2:50 p.m.

3:06 p.m., Commissioners held a meeting to consider Cameron Smith’s request for reconsideration regarding Planning and Zoning File #22-0183 for a conditional use permit requested by applicants James and Elida Byler, for a tractor supply store. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Contract Planner Clare Marley, Jim Hill and Lin Hill, Cameron Smith, Boundary Economic Development Council Director David Sims, County Civil Attorney Tevis Hull, Bonners Ferry Herald Staff Writer Emily Bonsant, Jennifer Nylander with Hix Snedecker Companies (HSC), Darlene Schneider, Jason McCormick with HSC, Paul Marcinko, Sarah Moore and Thomas Luce with Jade Consulting, and applicant Elida Byler.

Attorney Hull said after Commissioners held the de novo hearing a request for an appeal was made by Cameron Smith. At this level it is not an appeal, but a motion to reconsider. Mr. Smith was advised that this meeting is to consider a motion for reconsideration and no new testimony will be taken. This is just an invitation for Commissioners to reconsider their decision. After the request for reconsideration was made, however, Planner Clare Marley had received a letter from Tractor Supply’s council and that letter was intersected and Commissioners were asked not to read the letter so they would have a clean discussion. Commissioners stated that they had not seen the letter.

Chairman Bertling said this is his first reconsideration. We’re talking about 4,000 square feet associated with the conditional use permit. Attorney Hull explained that in a motion for reconsideration an individual will have to specifically identify the issues he’s asking to be reconsidered. One issue that is apparent is the conditional use permit for a building that is greater than 15,000 square feet as it is approximately 19,000 square feet. The second issue pertains to property notice not being given. Ms. Marley said this information is in the staff report that is included in the record. Chairman Bertling explained that the matter of Mr. Smith not being notified was addressed during the last hearing. Attorney Hull commented that is how we got to where we are today. Mr. Smith had purchased his property, which is where the public notice was sent to, but was addressed to the prior owner so Commissioners decided to cure that procedural error and that is why they held the trial hearing de novo. That portion is a part of the record to make sure it is clear.

Commissioner Cossairt said he has no problem with the application. Commissioner Robertson said that he has no intentions of reconsidering. Commissioner Robertson said he has given this a lot of thought and there were unfortunate timing issues going back, but overall it was zoned correctly.

Commissioner Robertson moved to deny the reconsideration of Conditional Use Permit #22-0183 and to uphold the Board’s previous decision. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling abstained, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed .

The meeting ended at 3:09 a.m.

3:30 p.m., Contract Planning and Zoning Administrator Clare Marley met with Commissioners to discuss general Planning and Zoning matters. Commissioners and Ms. Marley discussed matters pertaining to flood plain inspections. Ms. Marley said she had experienced this in Bonner County and there were some unsolvable situations.

Those present discussed updating the Planning and Zoning fee schedule and matters pertaining to a complaint regarding a junkyard.

Commissioner Robertson moved to designate Commissioner Wally Cossairt as the Commissioner from Boundary County to attend the Panhandle Health District budget hearing. Chairman Bertling yielded the chair to second. Motion passed unanimously.

Ms. Marley left the meeting at 4:40 p.m.

There being no further business, the meeting adjourned at 4:40 p.m.

_______________________________________
TIM BERTLING, Chairman

ATTEST:

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