***Monday, July 31, 2023, at 8:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Clerk Glenda Poston.
Commissioners said the Pledge of Allegiance.
9:00 a.m., Commissioners met with American Legion representatives Dave Schuman and Michelle Walker regarding a proposed mural and a request for funding for said project. The project would be a mural of military design and it would be located at the Veterans of Foreign Wars (VFW) Hall. The mural would wrap around the corner of the building and it would note all of the military divisions. Dawn Wagner is a local teacher and she would design the mural and local students would do the work. The cost of the project would be approximately $2,688.82 and it’s projected to be completed by next summer.
Commissioner Robertson moved to authorize up to $2,700.00 from the Memorial Fund for the mural project. Commissioner Cossairt second. Motion passed unanimously.
The meeting with Mr. Schuman and Ms. Walker ended at 9:12 a.m.
Commissioners tended to administrative duties.
9:30 a.m., County Civil Attorney Tevis Hull joined the meeting to update Commissioners on various matters. Attorney Hull said he spoke to Boundary Community Hospital’s Chief Executive Officer about the hospital’s prescription certification. Attorney Hull explained that Boundary County is a part of Boundary Community Hospital regarding prescriptions. Chairman Bertling discussed the request from a person regarding a Section 8 housing question they had and Attorney Hull said he will follow up on that. Those present discussed a strip of land along the Kootenai River that is approximately two acres. This land doesn’t belong to the county so Commissioners will notify Idaho Forest Group about ownership and the court action that took place in 1978. Commissioners and Attorney Hull discussed the Kootenai Tribe’s Travel Plaza project. Attorney Hull mentioned there being a meeting at 10:30 a.m. today about this project and Chairman Bertling said he will attend this meeting. Attorney Hull discussed the Tribal Travel Plan in that the Tribe will need to have a long-range travel plan. This plan needs to be submitted to the Bureau of Indian Affairs (BIA) for planning projects for the Tribal Improvement Plan, along with holding a public hearing for approval, followed by being placed into the Tribal Inventory. The United States would then own the public roadway. Attorney Hull indicated the county would not have any maintenance on a portion of Great Northern Road. Discussion took place about truck traffic into the Plaza and the possibility of using Tobe Way. Attorney Hull is also working on commercial lease agreements for the Airport property involving Iron Mike’s Gym and North Bench Fire Department.
Those present briefly discussed ARPA projects.
Commissioner Cossairt moved to sign Certificates of Residency for Paige Bennett, Ana Chase and Stephanie Chase. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes for the week of July 3, 2023. Commissioner Robertson second. Motion passed unanimously.
Those present discussed the Local Assistance and Tribal Consistency Funding.
Commissioner Cossairt moved to receive the Local Assistance and Tribal Consistency Funding second tranche payments and to authorize the Clerk to make the request. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign Request for Reimbursement #28 and #29 and Invoice Summary Sheets for Airport Improvement project #017 for the Environmental Study (phase II – environmental assessment). Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Harris Master Agreement (formerly CAI) and Software & Support License/Addendums A, B, and C. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Purchase Order-Lease Agreement with Quadient Leasing USA for a postage meter machine. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt motion to adopt Resolution 2023-52 ARPA. A resolution regarding Boundary County Appropriation to Skin Water Association for $25,000.00. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-52 ARPA reads as follows:
RESOLUTION 2023- 52 ARPA
Boundary County
ARPA Appropriation to Skin Creek Water Association
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 (ARPA)
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to aid the Skin Creek Water Association in the planning grant for their water system, and
WHEREAS Boundary County will contribute $25,000.00 for the planning grant match, for the Skin Creek Water Association, and
WHEREAS, the addition or distribution of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate that the funds be released and used for the payment of said planning grant application process for Skin Creek Water Association, in the amount of $25,000.00, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried, and
IT IS RESOLVED, that the amount of $25,000.00 to be disbursed from the ARPA General Governmental Funds #107, and
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 31st day of July, 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 #295014
Discussion took place regarding an additional ambulance, but no decision was made.
Commissioners recessed for lunch.
1:30 p.m., Commissioners convened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Clerk Glenda Poston.
1:32 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 and those present reviewed work being done. Work on the Upper Pack River Road was discussed.
County Civil Attorney Tevis Hull joined the meeting and Commissioners were informed of the results of a Zoom meeting with the Kootenai Tribe of Idaho and their attorney regarding the drawing of the Tribe’s project phases, discussion of what the phases would be and when they would take place, and funding sources. It was said that Great Northern Road would not get connected until the next year. Great Northern Road has a gravel section and there are concerns regarding a new road, a section not being improved and how 129,000-pound trucks would affect that part of the road. Signage was talked about in relation to 129,000-pound trucks and how to enforce that type of road impact. Ms. Nelson said she left messages with the Idaho Transportation Department (ITD) as to the county’s involvement and ITD is still discussing this and they will report back once they have the information available. It’s still not clear as to whom is paying for work on Great Northern Road. The Kootenai Tribe did talk about grants and grants the county could apply for. Discussion was held on the maintenance of the road and there are federal guidelines, but the Tribe is not aware of what is needed. ITD did mention Sunrise Road needs to be right in and right out. Those present discussed the public road and maintenance to be provided by a different agency. Ms. Nelson referred to the meeting held on April 4, 2023, and what information was submitted and discussed at that time. There was also discussion on the fuel tax and what it could be used for. Attorney Hull commented on safety, slower traffic and stopped traffic heading south. Ms. Nelson shared a concern about the grants that are available and she said it’s still not certain who will be funding this project. Attorney Hull suggested presenting to the Tribe that the county would use the fuel tax to offset the funds needed for this road project. Commissioner Robertson indicated that he thought the Tribe was going to fund this project and any improvements would be the Tribe’s to take care of. Attorney Hull stated that the county does need to let the Tribe know the position the county is taking. Ms. Nelson voiced concern with the changes that have happened and Chairman Bertling commented that the Tribe was going to build the road to 129,000-pound truck standards. Chairman Bertling discussed the use of the long-range plans for future roads and the Great Northern Road ways were not a part of that. The Tribe is waiting to hear from ITD and then there will be further discussion. Construction of the road needs to start within the next couple of weeks to meet completion deadlines. Attorney Hull’s concern is using county funds for a private enterprise business. Chairman Bertling agreed with Attorney Hull and added that he is also concerned with the county’s own current commitments to the general public for the area roads.
Attorney Hull left the meeting.
Ms. Nelson and Mr. Morris spoke of safety-toed boots for the Road and Bridge crew in order to be in compliance. There are 13 employees who need the boots. The roads associated with the Idaho Transportation Department’s Labrosse Hill Road to Alderson Lane project are getting worked on so they can be used for harvest this August or September. Mirror Lake Road should be ready by this weekend.
The Riverside Road Improvement project is currently estimated to cost $15,000,000.00. Project Option #2 was chosen since it was felt that option worked with the City of Bonners Ferry project to start from the city and work east. The county asked about the second phase and it was suggested that a letter should be submitted to the Federal Highways asking about consideration of the project phases. Ms. Nelson said she still feels the estimate is high.
Mr. Morris provided an update on the crusher and said the ring gear should be here by the end of the week. Road and Bridge may need to haul chips out of the Fitzpatrick pit to Old Highway 2. Mr. Morris had no updates on Smith Lake Road. There were 60 loads of grindings hauled back to Legacy Road. Chip sealing on Cow Creek Road should start August 14th.
Personnel Director Pam Barton joined the meeting.
2:30 p.m., 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. No action was taken.
3:00 p.m. Commissioners continued their budget workshop. The workshop ended at 3:30 p.m.
4:10 p.m., Boundary County Emergency Manager Andrew O’Neel stopped by Commissioners’ Office to update them on a matter involving the United States Forest Service and being assigned to Team 3 for a fire in Arlie, Montana. Mr. O’Neel is proposing to participate in the incident command center and his briefing would be held in Montana tomorrow. Mr. O’Neel said he has spoken with Sheriff Kramer and Bob Howard, who is the Emergency Operations Manager for Bonner County about his absence, but he will be approximately 3.5 hours away and will be available if something were to happen in Boundary County. Mr. O’Neel believed that he has accrued additional time and has 79 hours available. Commissioners were fine with Mr. O’Neel leaving for the fire and his wages will continue as is.
The meeting with Mr. O’Neel ended.
The meetings recessed until the special meeting to be held on Thursday, August 3, 2023 at 11:00 a.m.
***Thursday, August 3, 2023, at 11:00 a.m., Commissioners met in special session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
11:00 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and County Civil Attorney Tevis Hull met with Commissioners to discuss the Riverside Road Improvement Project schedules and funding and to also discuss the Idaho Transportation Department right-of-way permit for the Sunrise Road, Great Northern Road and Tobe Way project. Also present was Boundary Economic Development Council Director (EDC) David Sims, Casey West, Larry Davidson, Reese Maynard, Jenn Maynard, Idaho Forest Group Plant Manager Chris Pease, Suzanne Arbo, David Walter, Bonners Ferry Herald Staff Writer Emily Bonsant, Dave Duarte, and Tom Duarte.
Commissioners and Ms. Nelson discussed the Riverside Road Improvement project. Ms. Nelson said the project is 4.5 miles from the Kootenai Wildlife Refuge to the city limits and it’s called a corridor project. The Federal Highways Administration’s (Federal Highways) current engineering estimated project cost is $15,000,000.00 and only $8,500,000.00 is approved for construction and contingencies. Three members of the Federal Highways have chosen to provide two schedules. The first schedule is an $8,000,000.00 project from the Refuge to the Deep Creek Bridge. Schedule B is a $8,500,000.00 project from the Deep Creek Bridge to city limits. Federal Highways has a Program Decision Committee (PDC) consisting of four members from various agencies, such as the Local Highway Technical Assistance Council, Idaho Transportation Department, Federal Highways and another agency, and this committee makes the decision for additional funding. The project needs additional funding again, but none was approved. Federal Highways chose Schedule B and the information was presented to the county on August 1st. Four options were provided for Schedule B and the county has to inform Federal Highways of their preferred option by August 7th.
Ms. Nelson reviewed the four basic options. Option 1 is reconstruction of Riverside Road from Deep Creek Bridge to city limits. This is the planned $8,500,000.00 project that is within the Federal Highways budget and they have this funding available. Option 2 is to postpone the project, then seek additional funding and complete the entire 4.5-mile project in fiscal year 2025. Option 3 would be reconstruction of Riverside Road from Deep Creek Bridge to city limits using currently obligated funds and then do a second phase that Federal Highways would oversee, but the county would still need to figure out how to obtain more funding. The fourth option is reconstruction from the Refuge to city limits with no change in the design and to find out if Federal Highways or the Kootenai Tribe has funds to do the project.
Ms. Nelson discussed option #1 and she asked about the rest of the project since the county has already paid the project match for design. Federal Highways would hand the design plans and environmental permits over to the county for this option. The county could complete the work under different project funding or go through other agencies. Ms. Nelson mentioned there would be no place to haul or store the levee material, which may add to the costs and she feels the engineer’s estimate is still really high.
Option #2 is to postpone the project and look for more funding. The county could construct the entire project in year 2025 and it may help with the budget or the project still could come in higher. Federal Highways representatives said during the design construction and acquisition of easements, they’re not sure they could carry the funds again. This would give the levee materials a place to go, but in view of the Federal Highways and Kootenai Tribe’s restoration project, and the additional two feet the Refuge area needs raised above what had been designed will add to the design cost. Ms. Nelson spoke of having spoken to Federal Highways and the Kootenai Tribe of Idaho and they have processes to put in place through the Bonneville Power Administration (BPA) and because of time constraints, it didn’t allow them to make this commitment, but they are interested in further discussion of a potential project.
Option 3 is to obligate funds and create a second phase. Federal Highways would oversee the project. Then the county would have to reapply for a Federal Lands Access Program (FLAP) project, but there is no date for that. If the county was awarded project funding, they already have the design, but there would be no time frame for phase 2. Also, if there are any additional funds offered for this project, the Project Decision Committee still has to approve funding since it’s not automatic. Federal Highways cannot provide a guarantee before they get an answer from Road and Bridge on Monday.
Ms. Nelson said the City of Bonners Ferry has decided to return their project and they’ve asked if their project funds could be put toward the county’s project and that is being considered, but she won’t have an answer before Monday. Chairman Bertling asked about a timeline for the Myrtle Creek Bridge project and Ms. Nelson said that is scheduled for year 2026 or 2027. Ms. Nelson added that if the county chose the first phase and had the figured out the second phase, it would take the project to the Myrtle Creek Bridge.
There is the habitat restoration project, which is scheduled for fiscal year 2025. Ms. Nelson questioned if the county could get the first part of Riverside Road done from city limits to Deep Creek Bridge, then have plans and future funding in the next bit for the next phase. Chairman Bertling said getting that far would be good. The county will have separate funds to improve the Deep Creek boat launch, which will increase the number of boats that launch from that location. Chairman Bertling said this is a three-phase project and the first phase will start in approximately one month.
Ms. Nelson explained that they were able to get additional right-of-way with a permit through the Fish and Wildlife Service for the Riverside Road project and what was done through the Refuge. The Fish and Wildlife Service would like to see the road done with an additional two feet since they’re working on the habitat restoration. The Fish and Wildlife Service would amend the right-of-way permit for any additional right-of-way needed and take care of additional permits. Ms. Nelson said the biggest thing is that the Fish and Wildlife Service has come up with a high estimate, but they have to. If they had allowed Road and Bridge more time to look into this, both the Federal Highways and Kootenai Tribe would be able to look at the scope of the project and say they have a certain amount of funding, or have the offer of funding from the City of Bonners Ferry. The Program Decision Committee could have discussed this, but now the county has to have a decision made by Monday. Chairman Bertling recommended the first option and Ms. Nelson said yes, from city limits to Deep Creek Bridge. Commissioner Robertson asked what the drawback is. Ms. Nelson listed one drawback and said depending on the contractors bidding the project, it had allowed core drilling along the dike road and to use fill to fill in the low part. Now the contractor has to haul that fill off, unless someone, or the Fish and Wildlife Service, has an acceptable place to stockpile materials until the next phase. Chairman Bertling briefly commented on how this project would also benefit the Refuge and Ms. Nelson said there are some environmental matters involved and that are out of her control. The Refuge has rules to follow so she can’t say there is a place to put the material. Ms. Nelson said to do the first phase from city limits to Deep Creek Bridge and the project still stays the same with some minor redesign, but no additional project match is needed. Because the project is getting cut back, the full match amount has been met and there is no additional funding for first stage. If the county did the full project next year, it’s a crap-shoot as to whether or not there is funding. The second option didn’t discuss obligating funds and she doesn’t want to lose the first part of the project.
Ms. Nelson said she would like to get the first phase done and then see what they can do for the second part. Ms. Nelson spoke of the Myrtle Creek Bridge project timeline and if it could’ve been closer, but since that project is still out a while there are a lot of “ifs”. Ms. Nelson commented that the Kootenai Tribe clarified that it’s the Tribe in conjunction with the Bonneville Power Administration funding that they’re looking into. There is a different scope of work for habitat restoration and the reason they were concerned with this project has to do with when they do the habitat restoration project. As it relates to the Refuge area, if the county doesn’t fix that section more than what has been designed, it will flood our road, according to Ms. Nelson.
Chairman Bertling said he likes the first option. Commissioner Robertson questioned why people were so concerned. Ms. Maynard explained that she and her husband are property owners and they are affected by this project. How much they’ve been offered in comparison to how much they will be impacted is insulting, according to Mr. Maynard. Ms. Maynard commented on the amount of land that is to be taken from them and she said there will be impacts in how they get off of Riverside Road. Ms. Maynard added that the homeowner of the house that is located behind them and sits empty was offered twice as much as they were offered. Mr. Maynard asked about the comment of annexation. The project starts at city limits and the Kootenai River Lumber Company. Who is asking to be annexed? Ms. Nelson explained that the project will have to start at the county line. Ms. Nelson mentioned that she understands there has been a hearing and there is to be a second hearing for the City of Bonners Ferry about annexation, but it’s still a couple of months out. Ms. Nelson said it sounds like they need to sit down with Epic Land Solutions to discuss this, because the county is not trying to get an easement from the Maynards. Ms. Maynard said they’re taking 1/10th of their land. Ms. Nelson explained that the county is acquiring property from the Duartes and only acquiring a temporary construction easement from the Maynards so if equipment or dirt goes onto their property, they will be compensated. It’s not taking their property. Ms. Maynard said they can’t get that stated in writing from Epic. Ms. Maynard said they are affected by this; the top portion of their driveway is affected. Ms. Nelson said this is the first time she’s heard about this and she commented about getting Attorney Hull involved to help work through this. Ms. Maynard said the entire neighborhood is having issues. Some neighbors are receiving $1,400.00 and they’re only receiving $740.00. Mr. Maynard said Soaring Eagle Lane is going to shut down. Attorney Hull said he will set up a meeting in order to hear what the Maynards are talking about. Mr. Maynard asked about annexation and if that includes the very beginning of the corner. Ms. Nelson said yes. Ms. Nelson mentioned that Federal Highways will have someone out to do staking again by mid-August.
Chairman Bertling said he’s looking at option 1 and Mr. Walter agreed with that saying it’s the best option. It was said that this is a Federal Lands Access Project and when they get the first phase done, they will more than likely approve phase 2 and continue the process.
Mr. Davidson commented on the city’s side of the project, the dike road and transferring funding to the county’s portion of the project. Ms. Nelson said the city’s project is not going forward, with the exception that the city may work on some realignment, but the road will stay the way it is. The county road narrows down by the rock cut so that is where the road will be widened, according to Ms. Nelson. Mr. Sims said for the city it is strictly a budgetary concern as the project increased from $2,800,000.00 to $6,000,000.00 an it was approximately $200,000.00 more than what they had available for the project match so they couldn’t commit.
Mr. Davidson said the fill is going to be removed and he asked if the county owns that property. Ms. Nelson replied that this is within the county’s right-of-way so the county does own the dirt. Attorney Hull further explained that if this was an easement, the county would not own it, but where it is a deeded right-of-way, it is county-owned. Chairman Bertling said this is just a meeting on funding options. Mr. Davidson voiced concern about dirt being hauled away, where it’s going to be stored and having the understanding that the county doesn’t own that dirt so he would like to speak with Attorney Hull about it. Ms. Maynard spoke about lack of communication and having been told there would be follow up communication, but that’s not happening. Ms. Maynard commented on trying to avoid eminent domain. Ms. Nelson explained that Road and Bridge is still the contact for communication with the property owners; Epic Land Solutions was hired to help the county acquire right-of-way acquisition. Ms. Maynard said she and her husband purchased their property in year 2019 and they have been trying to have conversations, but it’s not happening. Attorney Hull commented about Mr. Davidson’s concerns and said that he would look at the language in the right-of-way documents.
Commissioner Robertson moved to select Option #1 for the Riverside Road Improvement Project from Deep Creek Bridge to the city limits. Commissioner Cossairt second. Motion passed unanimously.
The portion of the special meeting to discuss the Riverside Road Improvement Project ended at 11:37 a.m.
Commissioners, Ms. Nelson and Mr. Morris discussed the Sunrise Road, Great Northern Road and Kootenai Tribe of Idaho project. Also present was Bonners Ferry Herald Staff Writer Emily Bonsant and County Civil Attorney Tevis Hull.
Attorney Hull mentioned that on Monday, Ms. Nelson talked to Kootenai Tribe and county representatives to determine a request made by the Idaho Transportation Department (ITD) at the recommendation of the Tribe about the state’s right-of-way. The county has to be okay and one point of concern was the intersection of Great Northern Road at Highway 95. The county would have to give up the intersection to get the light in and a right in/right out turn. One issue that came up is that Great Northern Road is a seasonal road and the Tribe only had funding to do Sturgeon Loop on their own property so it was uncertain how Great Northern Road to Highway 95 was going to be constructed. As this matter was considered, we came to the concern that since we have to block the Great Northern Road portion due to seasonal weather and frost, we didn’t want it to hamper the intersection since there are both trucks and county trucks at the Sunrise Road intersection. If a right turn in/right turn out was put in, trucks would have to go through the light because they cannot make a U-turn to come back down and head south and that would be a huge inconvenience. Kootenai Tribal Representative Angela Cooper was going to make a make recommendation. If we don’t put a right turn in/right turn out now, but put up signage about trucks, could the Tribe proceed with their project and their facility, and put a light in. It was felt that would be a great idea and that the parties involved should meet to discuss this so a meeting was held in Coeur d’ Alene. It was questioned that by doing this and blocking off Sturgeon Loop and not constructing the Great Northern Road portion, would it create more traffic and the consensus was that it would not. ITD suggested barricading the end of Sturgeon Loop at the Tribal property and Tribal Council Chairman Gary Aitken Jr. was happy to do that. Nothing has to be done until a funding package is put together. This will prevent trucks from going through that area, the Tribe’s road will be constructed on their property and it won’t impact Sunrise Road. Ms. Nelson was to notify ITD by July 10th and she tried to do that.
This matter needed to come to Commissioners today so that Ms. Nelson can respond to ITD this morning, saying that the county has no objections to working within the right-of-way where the light is and Tobe Way, but not at the Sunrise Road/Great Northern Road location. ITD Engineering Manager Marvin Fenn has talked to Tribal representative Dennis Weed explaining that the Tribe needs to rethink this configuration so he was going to contact HMH Engineering about an additional lane. There is not an approved light design, but ITD is still strongly encouraging the Tribe. Ms. Nelson explained that Symone Legg is the permit coordinator for ITD and when the permit is issued, it’s good for one year and you can get a 6-month extension. Chairman Bertling said it will be easier to do this next year.
Commissioner Robertson moved to authorize Road and Bridge Co-Superintendent Renee Nelson to contact the Idaho Transportation Department to provide the recommendation from Boundary County to not work on the approach at Great Northern Road and Sunrise Road at the Highway 95 intersection, with the proposed name of Sturgeon Loop Road to be barricaded at Great Northern Road and to allow work at the Tobe Way intersection at Highway 95. Commissioner Cossairt second. Motion passed unanimously.
The meeting with Ms. Nelson, Mr. Morris and Attorney Hull ended at 11:55 a.m.
There being no further business, the meeting adjourned at 12:30 P.M.
_____________________________________
TIM BERTLING, Chairman
ATTEST:
__________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk