***Monday, August 19, 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., Steve Tanner met with Commissioners to discuss the county’s no salvage policy at the landfill. Solid Waste Department Superintendent Richard Jenkins also joined the meeting.
Mr. Tanner presented Commissioners with the rules he received from Mr. Jenkins regarding the policy for no salvaging. Mr. Tanner said people dump items off at the metal pile and they would also gather things from the pile, but salvaging is no longer allowed. Some of the things a person will throw away can still be used. Using a bicycle as an example, a bicycle generates very little revenue from recycling the metal. There are a lot of things that are usable and one man’s trash is another man’s treasurer. Mr. Tanner said he is here as an individual, but there are many people who would benefit from salvaging. Commissioner Robertson said he thinks the county will run into the Department of Environmental (DEQ) rules, but that he does agree with Mr. Tanner. Chairman Bertling mentioned baling metal and if someone sees a piece of metal that they can use, it wouldn’t amount to much in revenue. Chairman Bertling said the biggest thing is how to salvage the materials and stay in compliance with DEQ. Mr. Jenkins explained that DEQ rules state that only the owner or authorized agent can salvage. Mr. Tanner suggested having a designated area to place reusable material that people can take from. The City of Boise has a program in which they can give away products from their landfill. The county could have a program in such a way the community could benefit from it in a legal standpoint. Commissioner Robertson asked if there is an opportunity in the county’s Operation Plan to have a take it or leave it pile. Mr. Jenkins provided a response to Commissioners and Commissioner Robertson asked Mr. Jenkins if he could reach out to Ada County to see how they’ve implemented their program. Commissioner Robertson said the issues are the lawyers getting involved and people getting injured when they’ve salvaged something. Mr. Jenkins explained the risk of liability and Chairman Bertling asked if the county could have signage that said no climbing on the pile. Chairman Bertling explained an incident when someone’s house had burned down and this person found materials at the landfill that helped them in their situation. Commissioner Cossairt said Commissioners were required to post signage that says no salvaging. Mr. Tanner said there is a sign that does say that, but he cannot remember a time when a person couldn’t salvage and if the item was too big, landfill staff would even help the person load it. The item could be a valuable commodity, even if it’s a yard ornament, according to Mr. Tanner. Mr. Jenkins explained that metal is a revenue for the county and if you allow someone to salvage something, then you have to allow everyone and he added that if the county lost revenue, then the county would have to increase solid waste fees. Mr. Jenkins said we would have no idea what could be lost. The issue is if we allow one piece to be salvaged, then why don’t we allow a whole pile to be salvaged?
Mr. Tanner said this is used steel, so why couldn’t the county sell this project for a certain amount per pound and set a minimum amount? Instead of figuring out how not to do salvage, try figuring out a way that it can be done. Mr. Jenkins said Pacific Steel and Recycling is a private entity and they have the Department of Ecology regulations to deal with. For the county, being a municipal landfill, we have DEQ and those rules state that a person who is salvaging has to be a contracted recycler, not the county selling to the public, otherwise that would’ve been fine. Chairman Bertling said that is a question to pose to DEQ. Commissioner Robertson said if someone saw an item in the metal pile they could use, they could go to the landfill office and fill out a salvage agreement, and that may be a way to work around it. Chairman Bertling said at times he doesn’t want to see the county going by the book to the “T” so far that people think we’re watching them with surveillance cameras. Salvaging would actually do the county a favor. Mr. Jenkins said not allowing salvaging is following the Operations Plan and that is what he’s supposed to do. It puts the landfill employees in a particular spot, because they’re trying to follow what they’re supposed to do, so the landfill won’t have to get into the past situations of compliance issues if there is an inspection. Mr. Jenkins said he can ask DEQ about salvaging when they meet with Commissioners in two weeks. Mr. Tanner said if we want to find a “no” answer, we can find one, but we want to find a “yes” answer. Mr. Tanner said people can sign a waiver of liability if they’re going to salvage. The idea of salvaging things goes hand in hand with the green movement.
Mr. Tanner commented on the signage about stop, no salvaging and no smoking, but he’s observed an employee in an area smoking. He added that he only saw this happening, because he had been standing there waiting to get some information, but he questioned there being consistency. Mr. Jenkins explained the policy for smoking and being a certain distance away.
The meeting with Mr. Tanner ended at 9:30 a.m.
Mr. Jenkins explained that counties have waiver of liability forms and he commented about being in the middle of processes and regulations. Commissioner Robertson said he would like to see a legal way to allow salvaging and explore that opportunity. Mr. Jenkins said that is a good question to ask DEQ when he and Commissioners meet with them in September.
Mr. Jenkins left the meeting at 9:42 a.m.
Commissioner Cossairt moved to sign Certificates of Residency for Garrett Phillips, Emmaline Bateman and Jacob Ramsey. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve and sign Commissioners’ meeting minutes for the week of August 12, 2024. Commissioner Robertson second. Motion passed unanimously.
Commissioner Robertson moved to approve and sign the Findings and Decision for Planning and Zoning File #24-0047, Repeal of Section 16.1, Flood Overlay, Boundary County Ordinance Adoption. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Robertson moved to adopt Ordinance 2024-9. Boundary County Planning and Zoning File #24-0047, Repeal of Flood Overlay, Section 16.1. Commissioner Cossairt second. Motion passed unanimously. Ordinance 2024-9 reads as follows:
BOUNDARY COUNTY, IDAHO ORDINANCE NO. 2024- 9
BOUNDARY COUNTY PLANNING & ZONING FILE # 24-0047
REPEAL OF FLOOD OVERLAY, SECTION 16.1
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, REPEALING IN ITS ENTIRETY SECTION 16.1 “FLOOD OVERLAY” OF THE BOUNDARY COUNTY ZONING AND SUBDIVISION ORDINANCE 2019-1 (ALSO KNOWN AS 9B18LOV2) AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Constitution of the State of Idaho, Article XII, Section 2, and Title 31, Chapter 7 provides authority for the Boundary County Board of Commissioners to adopt ordinances necessary to provide for the safety of the county; and
WHEREAS, the State of Idaho Disaster Preparedness Act, Title 46, Chapter 10, authorizes local governments to adopt floodplain maps and a floodplain management ordinance to minimize flood hazards and to protect life, health, and property from flooding; and
WHEREAS, Idaho Code §46-1020(c) recognizes local governments have the primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish proper floodplain management; and
WHEREAS, Boundary County recently completed a Community Assistance Visit with the Federal Emergency Management Agency and has been advised to update its flood damage prevention ordinance to reflect current minimum state and federal floodplain regulations and to repeal conflicting provisions; and
WHEREAS, Boundary County adopted flood code standards in both the zoning and subdivision ordinance and a stand-alone flood code known as Flood Damage Prevention Ordinance 2015-1; and
WHEREAS, Boundary County adopted a new, stand-alone flood damage prevention code (Flood Damage Prevention Ordinance #2024-07) because the existing flood codes at that time contained differing standards, remedies, and procedures and together did not reflect the minimum requirements for the National Flood Insurance Program; and
WHEREAS, the Boundary County Planning and Zoning Commission held a duly noticed public hearing on April 25, 2024, at which time interested persons had the right to be heard regarding the proposed repeal of the Flood Overlay section of code, and recommended approval of the amendment repealing Section 16.1 to the Boundary County Board of Commissioners; and
WHEREAS, the Board of Commissioners held a duly noticed public hearing on August 13, 2024, at which time interested persons had the right to be heard regarding the proposed ordinance.
NOW THEREFORE, Be it ordained by the Board of County Commissioners of Boundary County, Idaho that the following ordinance is hereby adopted, as follows:
ADOPTION:
Section 16.1 “Flood Overlay” of the Boundary County Zoning and Subdivision Ordinance 2019-1 (ALSO KNOWN AS 9B18LOV2) is hereby repealed in its entirety.
EFFECTIVE DATE:
This ordinance repealing Section 16.1 “Flood Overlay” of the Boundary County Zoning and Subdivision Ordinance shall be in full force and effect upon the passage and publication of the ordinance or ordinance summary in one (1) issue of the official newspaper for Boundary County, in accordance with the Idaho State Code.
This ordinance duly enacted as an ordinance of Boundary County, Idaho on this 19th day of August, 2024, upon the following roll call vote:
ROLL CALL:
Commission Chair Bertling s/_________________________________
Commissioner Cossairt s/_________________________________
Commissioner Robertson ¬¬¬¬¬¬¬s/¬_________________________________
APPROVAL OF ORDINANCE SUMMARY
Publication of the ordinance by summary in the official newspaper is hereby approved by the Boundary County Commissioners on this 19th day of August, 2024, upon the following roll call vote:
ROLL CALL:
Commissioner Bertling s/¬¬¬¬¬¬¬¬_________________________________
Commissioner Cossairt s/_________________________________
Commissioner Robertson s/_________________________________
ATTEST:
s/________________________ 8-19-24
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #297861
Commissioner Robertson moved to approve the Summary of Ordinance 2024-9. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Robertson moved to sign the Contract for Services of Court-Appointed Special Advocate Attorney for FY 24-25. Commissioner Cossairt second. Motion passed unanimously.
9:57 a.m., Boundary Ambulance Service Chief Jeff Lindsey and Boundary Ambulance Service Medical Director Dr. Douglas Dixon joined the meeting.
10:00 a.m., Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the Boundary County Ambulance Service District meeting minutes of July 15, 2024. Commissioner Robertson second. Motion passed unanimously.
Chief Lindsey introduced Dr. Dixon to Commissioners and explained that Dr. Dixon is taking over as medical director for Dr. Stu Willis, who has retired.
Chief Lindsey said there were 106 calls for the month of July and their response time out the door is under their target time. Chief Lindsey explained that being a volunteer responder can take some time, so they try to keep their response time out the door to below two minutes.
10:05 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and reconvene as the Boundary County Board of Commissioners. Commissioner Robertson second. Motion passed unanimously.
Chief Lindsey and Dr. Dixon left the meeting.
Commissioners tended to administrative duties.
Commissioner Robertson moved to accept and sign the Federal Aviation Administration Grant Offer for the Airport Phase III Environmental Assessment Project. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Cossairt moved to write a letter of support for the Bureau of Land Management for their efforts in a land purchase. Chairman Bertling yielded the chair to second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “nay”. Motion passed.
10:30 a.m., Road and Bridge Department Superintendent Brad Barton and Assistant Adam Ryals joined the meeting to give the department report. Mr. Barton and Mr. Ryals reviewed the written report provided. Mr. Barton briefly discussed receiving calls about grading that needs redone.
Commissioners did not receive any bids for the county’s fuel supply by the due date and County Civil Attorney Bill Wilson informed Commissioners they can now seek out at quote at this point. Jim Dyck with Dyck’s Oil and Auto provided a quote for the county’s fiscal year 2024-2025 fuel supply for consideration.
Commissioner Cossairt moved to sign the Findings and Decision for Variance #4-2024 for Jim Dyck. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to accept the quote/bid from Dyck’s Oil and Auto for the county fuel supply bid for fiscal year 2024-2025. Commissioner Robertson second. motion passed unanimously.
Mr. Ryals discussed opening quotes last Thursday at 2:00 p.m. for bridge projects, and he listed the following as being in attendance besides himself: Road and Bridge Secretary Jayme Brod, Matt Hall with HMH engineering, Sam Brown with Northwest Grading, and Norma Jessop with J7 Contracting. All bids came in higher than Road and Bridge expected. Mr. Ryals said Mr. Hall was going to reach out to the Local Highway Technical Assistance Council (LHTAC) about possible funding assistance. The successful quote was $85,777.00 from Northwest Grading for the Yukon (Kellogg) Bridge and the successful quote was $67,197.00, also from Northwest Grading, for the Ruby Creek Bridge #4.
Mr. Barton and Mr. Ryals said Road and Bridge has it in their budget to work on Ruby Creek Bridge #4, but they had only budgeted $30,000.00 for it and the quote came in at $67,197.00. If Road and Bridge had time, they could do the work for less, but it’s a matter of finding the time. Commissioners asked if work could be put off until a later time. Mr. Barton said when Ruby Creek Bridge #4 had an inspection earlier this year, it had moved an inch or two back, so the county would be in a situation similar to the Wilderness Bridge. Road and Bridge has a budget for bridges totaling $100,000.00, but some of that has been used.
Mr. Ryals updated Commissioners on the delays with the Riverside Road Improvement Project. Mr. Ryals provided Commissioners with proposed draft changes for the Road Standards Ordinance for consideration and he explained some of the changes.
Commissioner Robertson moved to award the improvement projects for Ruby Creek Bridge #4 and the Yukon (Kellogg) Bridge to Northwest Grading for $67,197.00 and $85,777.00, respectively. Commissioner Cossairt second. Motion passed unanimously.
Mr. Barton and Mr. Ryals informed Commissioners that the Idaho Transportation Department (ITD) expressed agreement to closing off School House Road as an access, except for emergencies. Chairman Bertling said there needs to be a discussion with the residents who live on that road to get their opinion, as well as the fire department, etc. ITD has said since it’s a county road, it’s up to the county and they have no problem restricting access onto the highway. Commissioner Robertson mentioned the potential issue with ag equipment crossing the bridge on the highway at Naples. Mr. Barton said Road and Bridge could continue their conversations with ITD about this.
The meeting with Mr. Barton and Mr. Ryals ended at 11:05 a.m.
Commissioners tended to administrative duties.
There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, August 20, 2024, at 9:00 a.m., Commissioners met in regular session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Veterans Service Officer Ron Self, Personnel Director Pam Barton, Noxious Weeds Department Superintendent Dave Wenk, IT Director Matt Hodges, Road and Bridge Department Superintendent Brad Barton, Road and Bridge Department Assistant Adam Ryals, Planning and Zoning Administrator Ben Jones, Solid Waste Department Superintendent Richard Jenkins, Prosecutor Andrakay Pluid, Juvenile Probation Officer Jessica Nordheim, Emergency Manager Andrew O’Neel, Sheriff David Kramer, Restorium Administrator Janay Smith, and University of Idaho Extension Educator Amy Robertson.
Commissioners went around the room for department updates.
The meeting ended at 9:20 a.m.
9:25 a.m., University of Idaho Extension Educator Amy Robertson met with Commissioners to provide an update on Extension Office programs. Ms. Robertson handed Commissioners information on various statistics associated with the University of Idaho Ag/Extension Office. The University of Idaho is moving forward with interviewing a potential candidate for the Agriculture Educator position for Boundary County. Ms. Robertson informed Commissioners that at the fair, the live animal sales totaled 132 animals and raised $479,697.00, which is up from $382,000.00 from the prior year. 4H Friday Friends received a grant totaling $12,000.00 and staff has been hired. Ms. Robertson gave an update on various youth programs.
The meeting with Ms. Robertson ended at 9:37 a.m.
9:40 a.m., Solid Waste Department Superintendent Richard Jenkins joined the meeting to discuss purchasing the air burner for the main landfill. Mr. Jenkins discussed inquiries from Maul Foster Alongi and the Department of Environmental Quality regarding what emission units are at the landfill facility.
Mr. Jenkins said he’s spoken to Marty Gonzalez with Air Burner, Inc., regarding the revised invoice for an air burner. As of October 1st, there will be a price increase of a minimum 10%, but if the county submits a payment to be paid by mid-October, the county will not have to pay the increased cost. More than likely the county will receive the unit sometime in October or November 2024.
Commissioner Robertson moved to purchase an air burner from Air Burner, Inc., Reference Number #S22311303 for a total of $207,141.78. Commissioner Cossairt second. Motion passed unanimously.
The meeting with Mr. Jenkins ended at 9:50 a.m.
10:00 a.m., County Snowmobile Advisory Board member Dave Wenk met with Commissioners to discuss a grant offer. The offer is through the State of Idaho Department of Parks and Recreation Grant Agreement, MV25-1-11-1 for the Boundary County Snowmobile Grooming Program.
Commissioner Robertson moved to accept and sign the State of Idaho Department of Parks and Recreation Grant Agreement, MV25-1-11-1 for the Boundary County Snowmobile Grooming Program. Commissioner Cossairt second. Motion passed unanimously.
The meeting with Mr. Wenk ended at 10:05 a.m.
Commissioner Cossairt moved to sign Certificates of Residency for Kimberly Johnson and Neva Rogers. Commissioner Robertson second. Motion passed unanimously.
There being no further business for the morning session, Commissioners reconvened until the afternoon session at 1:30 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session at the Courthouse with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Boundary County Lead Court Clerk Della Armstrong, First District Judicial Court Judge Lamont Berecz, Cory Trapp with Longwell + Trapp Architects, and Boundary County Prosecutor Andrakay Pluid met with Commissioners for the purpose of reviewing revised draft plans for office space at the former Safeway building. First District Trial Court Administrator Karlene Behringer participated in the meeting via telephone. Caleb Davis also joined the meeting.
Mr. Trapp reviewed the layout of the revised floorplans. Ms. Behringer asked if the plans for court room #2 could be redone to incorporate a 12-person jury box and Mr. Trapp said he could try. Commissioner Robertson asked about a configuration that would include the entire Clerk’s Office. Ms. Armstrong explained the growth that the Clerk’s Office has seen and how it’s important to separate court business from the business of elections, recording, passports, etc. Clerk Poston added to the benefits of separating the court system based on the fact that if the Supreme Court dictates the courts needed to shut down, that would affect the Clerk’s Office as well if they were in the same building. Ms. Behringer discussed needing to separate detained juveniles from detained adults. Mr. Trapp discussed placement of exit doors locations, window placement for security and lighting, and heating sources. Ms. Armstrong asked about having a small room to conduct court via Zoom. Ms. Behringer said she just needs to know when this building will be open since she’s working on the fiscal year 2027 budget, which technically begins 2026. Clerk Poston suggested removing or relocating the room for elections in order to lengthening the public counter. The public computer terminal could be placed in what was going to be the election room.
Mr. Trapp informed Commissioners that the flat portion of the roof of the old Safeway building is too flat. In order to get the warranty for a new thermoplastic polyolefin (TPO) roof, the county needs to add some crickets and additional roof drains. Mr. Trapp pointed out an area of the roof near a pipe that needs to be sealed.
The discussion about the Safeway building ended at 2:25 a.m.
Mr. Trapp and Commissioners discussed funding for this project.
Mr. Davis left the meeting at 2:30 p.m.
Mr. Trapp left the meeting at 2:50 p.m.
Commissioner Cossairt moved to sign the Certificate of Residency Mallory McLeish. Commissioner Robertson second. Motion passed unanimously.
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