Commissioners' Meeting Minutes - Week of September 30, 2024

Monday, September 30, 2024 at 9:30 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston and Deputy Clerk Stephanie Sims.

Commissioners said the Pledge of Allegiance.

9:33 Bill Wilson, Civil Attorney joined the meeting. He updated them on his attendance at the IAC meeting in Boise. He returned historical items back to Clerk, Glenda Poston and approved them for destruction. He would like to see the county upgrade some of their systems, such as ordinances, to an online process. Glenda wanted to know the cost involved as we head into a new year.

9:35 a.m. Emily Bonsant joined the meeting.

9:45 The meeting with Bill Wilson ended and he left the meeting.

Commissioner Cossairt moved to sign the minutes from September 23, 2024, Commissioner Robertson 2nd. Motion passed unanimously.

Commissioner Robertson moved to sign the 2022 Final Emergency Management Performance Grant Adjustment Notice #22EMPG021, Commissioner Cossairt 2nd. Motion passed unanimously.

Commissioner Cossairt moved to sign the FY 2025 Memorandum of Understanding with the University of Idaho, Commissioner Robertson 2nd. Motion passed unanimously.

Commissioner Cossairt moved to sign the plat map for Legacy Ridge Subdivision, Commissioner Robertson 2nd. Motion passed unanimously.

10:12 a.m. Brandon Glaza with Parks and Recreation called in and updated the Commissioners on tree damage at the fairgrounds from the storm. Estimated costs for removal and cleanup is approximately $10,000.

11:08 a.m. Emily Bonsant left the meeting.

Commissioner Cossairt moved to sign 2024-45 Resolution for Disposition of Records, Commissioner Robertson 2nd. Motion passed unanimously.

RESOLUTION 2024-45

A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY COMMISSIONER’S OFFICE

WHEREAS, the Boundary County Clerk’s Office is currently storing old Tort Claims for Boundary County residents; and

WHEREAS, due to lack of storage space, the Boundary County Clerk’s Office has requested permission to dispose of old tort claims; and

WHEREAS, the Boundary County Civil Attorney has advised the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:

The following records have been deemed semi-permanent by the Boundary County Commissioners on the advice of the County’s Civil Attorney and semi-permanent records must be kept for a minimum of five years. The following records are to be shredded:
• Tort Claims that have no activity within the past 5 years

THIS RESOLUTION shall be effective on September 30, 2024. PASSED AND APPROVED by the Board of County Commissioners of Boundary County, Idaho, on the 30th day of September, 2024.

COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/_________________________
Tim Bertling, Chairman
s/_________________________
Wally Cossairt, Commissioner
s/__________________________
Ben Robertson, Commissioner

Reviewed by and on advice of the County’s Prosecuting Attorney this 1st day of October, 2024.

s/___________________________
ANDRAKAY PLUID
County Prosecutor
ATTEST:
s/________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded Instrument # 298218

Commissioners recessed for lunch at 12 noon.

Meeting reconvened at 1:30 p.m. at the Boundary County Annex.

Norm Merz, Idaho Fish and Game joined the meeting.

1:39 p.m. Bradley Barton and Adam Ryals, Road and Bridge joined the meeting and gave an update on projects they are working on throughout the county. They then referred to Norm Merz, Idaho Fish and Game regarding fencing and cattle guards along the McArthur Lake corridor.

Mr. Merz handed out a report with data about wildlife crossings along Highway 95 including Copeland, Naples and McArthur Lake. In the McArthur Lake area, IDFG would like to extend the wildlife fencing approximately ¾ mile north of Shiloh Road and south to the Elmira Store to help direct wildlife to the underpass. This would require cattle guards to be installed on private and county roads along the proposed section. IDFG would be responsible for maintenance and repair of both the fence and cattle guards.

Commissioner Robertson asked how difficult this would be for plow trucks. Mr. Ryals stated plowing is an issue with cattle guards. He has concerns about damage to both snowplows and cattle guards. He said they also have to take into consideration that Shiloh Rd would have to be paved from the highway to the cattle guard as well as an apron. Mr. Barton added that the plows would need to lift their blade at the cattle guard and the crew would need to return with another piece of equipment to complete the job.

Chairman Bertling asked about timelines for funding from Fish and Game to do the project.

Mr. Merz replied that no funding is currently in place. He wanted to see how the Commissioners felt about the project before approaching private landowners or seeking funding. They have been successful securing funding for these types of projects in the past.

Commissioner Robertson would like to see agreements with all of the private driveways first, because it wouldn’t be worth the effort if one driveway did not have a cattle guard installed.

Commissioner Cossairt asked about putting in sensors instead. Mr. Merz explained that those systems are very good at detecting animals, but it does not change the behavior of drivers.

Commissioners asked Mr. Merz to visit with the private landowners first to see the interest and then let the County know of the results.

2:05 pm. Mr. Merz left the meeting.

2:37 p.m., Commissioners held a public hearing to consider increasing its room and board fees for new Restorium residents by an amount of 8% for Assisted Living and 10% for Memory Care over the room and board fees collected the previous year. They also considered increasing its Restorium room and board fees for existing residents by an amount of 5% for Assisted Living and 7% for Memory Care over the room and board fees collected the previous year. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Stephanie Sims, and community member Elsie Hollenbeck. The hearing was recorded.

Chairman Bertling reviewed the public hearing procedures. There were no questions of the hearing procedures. Commissioner Cossairt stated that the increase would be going toward food for the residents, insurance costs and wages. Commissioners cited no conflict of interest. Commissioners opened the hearing to public testimony and asked for comments in favor of the application. No one spoke. Commissioners asked for comments from those uncommitted to the proposal. No one spoke. Commissioners asked for comments opposed to the proposal. Elsie Hollenbeck stated that she had some questions. She asked if the Restorium was within budget or overbudget? Chairman Bertling replied it is significantly overbudget. She also asked how the 8% increase was determined. Chairman Bertling replied that the Restorium Manager, Janay Smith put together a balanced budget if all rooms are filled. Clerk, Glenda Poston also added that ICRIMP went up approximately 25%, GEM Plan increased by 5.8% and wages will also be increased for Restorium employees. Ms. Hollenbeck commented that she was happy to hear the wages will be increased. She also asked for clarification between a current resident and a new resident which Chairman Bertling explained. Ms. Hollenbeck also asked if any residents are on Medicaid. Commissioner Robinson replied that about half of the residents are on Medicaid. Ms. Hollenbeck expressed her concerns for the senior members of our community and the expenses that keep increasing.

Ms. Hollenbeck stated that the Friends of Restorium has money to replace the furniture in the Memory Care section and she wanted help with the current administration to help move that forward. Chairman Bertling stated that he would assist with that request.

Commissioners closed the hearing to further public testimony.

Commissioner Cossairt moved to approve the proposed rate increase as presented, Commissioner Robinson 2nd. The motion passed unanimously.

Commissioner Cossairt moved to adopt 2024-46 Resolution Establishing Boundary County Restorium Room and Board Fees for 2024-25. Commissioner Robertson 2nd the motion and it passed unanimously.

RESOLUTION 2024-46

Establishing Boundary County Restorium Room and Board Fees

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did hold a public hearing on September 30, 2024, to receive public comment on a proposal to increase Restorium room and board fees for new residents, and

WHEREAS, no public comment was given, and the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase the room and board fees to help fund the cost of operating the Restorium, and

NOW THEREFORE BE IT RESOLVED that the Restorium room and board fees are set as follows effective November 1, 2024:

From To

Single Occupancy Room with private restroom $4884.00 $5274.72
Single Occupancy Room with shared restroom $4472.00 $4829.76
Double Occupancy (half room) $3358.00 $3626.64
Double Occupancy Room $6526.00 $7048.08
Memory Care (half room) $3744.00 $4118.40
Memory Care/shared room $5219.00 $5740.90

**Current Restorium residents will be subject to a 6% increase over the room and board fees collected the previous year. When a current resident vacates their room, the rate for that room will increase to the rate of a new incoming resident.

DATED this 30th day of September, 2024.
COUNTY OF BOUNDARY
BOARD OF 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 Instrument # 298219

3:00 p.m., Commissioners held a public hearing to consider increasing various fees for solid waste. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Stephanie Sims, Richard Jenkins, Solid Waste Manager and resident Nadine Sulier. The hearing was recorded.

Chairman Bertling reviewed the public hearing procedures. There were no questions on the hearing procedures. Commissioners cited no conflict of interest. Commissioners opened the hearing to public testimony and asked for comments in favor of the application. No one spoke. Commissioners asked for comments from those uncommitted to the proposal. No one spoke. Commissioners asked for comments opposed to the proposal. No one spoke.

Commissioners closed the hearing to further public testimony

Commissioner Robertson moved to approve the proposed rate increase to the fees proposed, Commissioner Cossairt 2nd. Motion passed unanimously.

Commissioner Cossairt moved to adopt 2024-47 Resolution to Adopt the Solid Waste Fee Increase. Commissioner Robertson 2nd the motion and it passed unanimously.

RESOLUTION 2024-47

A RESOLUTION TO ADOPT A SOLID WASTE FEE SCHEDULE FOR FISCAL YEAR 2024-2025

WHEREAS, it is the duty of the Board of County Commissioners to maintain and operate solid waste disposal systems, and
WHEREAS, Section 31-4404, Idaho Code, authorizes the Board of Boundary County Commissioners to collect fees for the purpose of providing funds to operate and maintain solid waste disposal systems, and
WHEREAS, all households, businesses, farms and professional practices should be equitably charged solid waste fees proportional to the amount of solid waste generated,

WHEREAS, the last solid waste fee increase was initiated for fiscal year 2023-2024 and the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase solid waste fees over the allowable 5% for some items and not others.

FY 2024-2025 Fee Schedule

FROM TO

Household Garbage & Furniture Debris - Per pound $ 0.04 $ 0.05
Wood Debris – Per pound $ 0.04 $ 0.05
Small Tires without rims (Up to 22”) – Per each $ 2.25 $ 2.00
Small Tires with rims (Up to 22”) – Per each $ 2.25 $ 5.00
Large Tires with rims (Semi-truck size) – Per each $ 9.00 $ 18.00
Oversized Tires with rims (Tractor/Skidder size) – Per each $ 45.00 $ 90.00
Stumps – Per pound $ 0.04 $ 0.05
Appliances with freon decommissioning – Per unit
(i.e. refrigerator, freezer, air conditioners)
Window Air conditioners Free $ 5.00
Large Air conditioners Free $ 10.00
Refrigerators Free $ 10.00
Commercial style refrigerators Free $ 20.00

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, are not required to hold a public hearing to receive public comment on a proposal to increase solid waste fees as the increase is less than (5%), and

WHEREAS, the following is an estimate of what this change may mean to a Boundary County user, and
NOW, THEREFORE, on motion duly made, seconded, and unanimously carried,

IT IS RESOLVED that the Boundary County Board of Commissioners do hereby set and establish the following solid waste collection fees in accordance with the fee schedule attached hereto and by this reference incorporated herein.

DATED AND DONE this 30th day of September, 2024.

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 Instrument # 298220

There being no further business, the meeting ended at 3:20 p.m.

Tuesday, October 1, 2024 Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston and Deputy Clerk Stephanie Sims.

Brad Barton and Shelby Hooper joined the meeting at 1:25 p.m.

Commissioner Cossairt made a motion to sign LHTAC/Local Agreement Leading Idaho Bridge Program (LILB Bridge KN20730) Parker Creek Bridge, Commissioner Robertson 2nd. Motion passed unanimously.

Commissioner Robertson 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 Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 2:44 p.m.

Commissioner Robertson motioned to sign Riverside offer packets, Commissioner Cossairt 2nd. Motion passed unanimously.

2:00 p.m. Guy Patchen, resident; joined the meeting.

2:20 p.m. Kathryn Kolberry, Panhandle Health; Jason Peppin Panhandle Health; Dan McCracken, DEQ; Richard Jenkins, Solid Waste Superintendent; Dean Kinney, DEQ; Carson Watkins, IDFG, and Nadine Sulier, resident; joined the meeting.

Carson Watkins, IDFG informed the Commissioners that the animals that have tested positive for Chronic Wasting Disease have been found within 1 mile of the landfill. The data from the public hunt and sampling effort shows that it is fairly local and not at a high rate at this time. The Idaho Fish and Game Director signed an emergency order to limit carcass transport outside of the area which includes 80% of Boundary County. The emergency order will limit the spread as Individuals will not be able to move deer, elk and moose carcass outside of the zone. It is important to be able to have a place to dispose of infected carcasses.

Chairman Bertling asked about fencing around the landfill.

Mr. Watkins stated that fencing is important and IDFG may be able to assist with sharing the cost of fencing around the landfill.

Dan McCracken stated that DEQ may also be able to allocate funds to help with fencing.

Richard Jenkins asked whether the concern is about entrails or the remaining carcass.

Mr. Watkins stated that they are most concerned about the spine and head. It is important to remember that of the small number of deer that will end up at the landfill, most are not sick.

Mr. McCracken suggested that we try to manage it with the active stream by putting up a fence and cover the garbage. With those changes, it would be a significant improvement.

Chairman Bertling asked Richard Jenkins if he has a place at the landfill to deal with this.

Mr. Jenkins stated that he believes he does. He would need to work with DEQ and Panhandle Health to make that happen.

Jason Peppin stated that he would assist with the development of an agreement to help everyone.

Mr. Watkins stated he will know in the next few weeks if he can secure funding for fencing.

Chairman Bertling suggested that the County get estimates on fencing so we know what the cost will be.

Mr. Peppin said he will work with Richard Jenkins to get a plan in place going forward.

Chairman Bertling asked if there was an incentive for hunters to turn in the head.

Mr. Watkins stated that the only incentive was that it is free. They try to make it as easy as possible for hunters to participate. They will be running check stations around the county to collect as many additional samples as possible.

Commissioner Robinson asked what happens if a deer tested positive and they don’t want to eat it.

Mr. Watkins stated that they advise them to follow CDC guidelines and not consume the meat and dispose of the carcass properly. IDFG will then issue a new tag so that the hunter can try again.

Chairman Bertling thanked everyone for their assistance. Kathryn Kolberry, Jason Peppin, Dan McCracken, Richard Jenkins, Dean Kinney, Carson Watkins, Nadine Sulier and Guy Patchen left the meeting.

There being no further business, the meeting ended at 3:37 p.m.

s/________________________________
TIM BERTLING, Chairman

ATTEST:

s/_______________________________
GLENDA POSTON, Clerk
By: Stephanie Sims, Deputy Clerk

Date: 
Tuesday, October 8, 2024 - 08:00
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