***Monday, March 13, 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.
9:04 a.m., Marty Martinez joined the meeting.
Commissioners said the Pledge of Allegiance.
9:30 a.m., Bonners Ferry Herald Staff Writer Emily Bonsant and County Civil Attorney Tevis Hull joined the meeting.
Attorney Hull and Commissioners reviewed various topics Attorney Hull is working on.
Lance Mastre stopped by Commissioners’ Office briefly at 9:40 a.m. to check status of the easement agreement involving Labrosse Hill Road. Mr. Mastre left the meeting.
Attorney Hull updated Commissioners on the matter of trademarking the county seal and he reviewed Idaho Code Statute 48-502(2). There is a recognition that the state, including municipalities of the State of Idaho, can have unique seals, insignia, etc. If there’s a third party that wants to register something that has a state seal or have it trademarked, they can’t register it since it’s inherently owned by that government entity. Attorney Hull said he just needs a motion from Commissioners’ to go forward with trademarking the seal. Those present talked about Boundary County not having its own flag.
Mr. Martinez and Ms. Bonsant left the meeting at 9:46 a.m.
9:46 a.m., Commissioner Cossairt 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; and Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Robertson second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 10:10 a.m. No action was taken.
Ms. Bonsant and Mr. Martinez returned to the meeting at 10:10 a.m.
Commissioner Cossairt moved to approve the minutes for the weeks of February 27, 2023, and March 6, 2023. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the New Private Road Name for Gerhart Lane. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to reappoint Jim Dahlberg and Ty Iverson to the County Noxious Weeds Board with a term to expire January 31, 2026. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to reappoint Brion Poston and Frank Crabtree to the Waterways Board with a term to expire January 2026. Commissioner Robertson second. Motion passed unanimously.
Clerk Poston updated Commissioners on what ARPA funds have been designated up to this point. The county has pledged just under $800,000.00 and what has actually been spent is just under $680,000.00.
Commissioner Cossairt moved to adopt Resolution 2023-31. A resolution regarding the use of ARPA funds to aid in the renovation of the former NIC campus for use as the Boundary County Extension Office. Chairman Bertling yielded the chair to second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “abstain”. Motion passed. Resolution 2023-31 reads as follows:
RESOLUTION 2023-31 ARPA
Boundary County
ARPA Appropriation to Boundary County
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 with the renovation of the former NIC Campus for use as the Boundary County Extension Office, for the purpose of continued education for children and adults.
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 project completed by Cabinets Northwest, in the amount of $10,978.00 for the removal and construction of the kitchen cabinets at the campus.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $10,978.00 to be disbursed from the ARPA General Account #0107, these funds shall then be remitted to Cabinets Northwest for Invoice 23-21513.
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 13th day of March, 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 #293813
Commissioner Cossairt moved to adopt Resolution 2023-32. A resolution regarding the use of ARPA funds to purchase eight (8) roll off containers from Rule Steel for the Solid Waste Department. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-32 reads as follows:
RESOLUTION 2023-32
Boundary County
ARPA Appropriation to Boundary County
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 purchase the following equipment for the Boundary County Solid Waste Department.
Rule Steel from Caldwell, Idaho – 8 R20WC22S Roll Off Containers not to exceed the amount of $113,000.00 was previously approved by the BOCC, for the purpose of separate landfill materials into different containers and locations for sanitation purposes. The actual billing was for $119,599.00 once received.
WHEREAS, the addition or distribution of this revenue does not affect the tax levy for Boundary County, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $119,599.00 is to be disbursed from the ARPA General Fund Account #0107 and that the same budget amount be applied to fund #0107.
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 13th day of March, 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 #293814
Commissioner Robertson moved to approve and accept E.L. Internet’s 50M/50M service package at a cost of $20.00 per month for the first year with an increase to $40.00 per month for subsequent years for the Probation Office/Annex Building. Commissioner Cossairt second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 71,778.17
Road & Bridge 178,481.52
Airport 21,432.19
District Court 10,136.66
Justice Fund 107,447.13
911 Funds 3,873.92
Junior College Tuition 1,050.00
Parks and Recreation 3,422.83
Animal Damage Control 5,000.00
Revaluation 2,329.77
Solid Waste 48,924.60
Tort 98,652.69
Veterans Memorial 352.07
Weeds 1,742.06
Restorium 61,905.94
Waterways 1,246.94
Juvenile Probation – Lottery 44.28
Grant, Boat Safety 279.13
ARPA Fund 243,856.95
TOTAL $861,956.85
Trusts
Auditor’s Trust – *Misc 3,000.00
Boundary Co. Drug Court Trust 719.45
Driver’s License Trust 9,555.50
Motor Vehicle Trust Acct 156,801.70
Worker’s Comp – Comm Service 73.68
Sheriff’s Trust Fund 274.15
Drug Forfeiture Trust Fund 105.60
Sheriff’s Special Projects 12,750.00
Odyssey Court Trust Account 19,979.00
Odyssey Bond Trust Account 2,942.20
Odyssey Restitution Trust Acct 2,820.00
TOTAL $209,021.28
GRAND TOTAL $1,070,978.13
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2022-2023).
10:30 a.m., Commissioners addressed a correction to be made to a prior motion regarding Road and Bridge Variance Applications #4-2023 and #5, 2023 as a result of a clerical error. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Marty Martinez and Bonners Ferry Herald Staff Writer Emily Bonsant. The motion was recorded.
Commissioner Cossairt moved to amend the prior motion made on February 14, 2023, pertaining to Variance #4-2023 to correct a clerical error regarding a parcel number to read as follows: Commissioner Cossairt moved to approve the request for a variance, Application 4-2023, for Applicant/Landowner James Byler and Jennifer Nylander, Parcel #RP62N01E145551A, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B., with the following Conditions “a” through “j”, and adding “k”, to provide enhanced landscaping on the north. Commissioner Robertson second. Commissioners voted as follows: Chairman Bertling “abstain”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed.
Commissioner Cossairt moved to amend the prior motion made on February 14, 2023, pertaining to Variance #5-2023, to correct a clerical error regarding a parcel number to read as follows: Commissioner Cossairt moved to approve the request for a variance, Application #5-2023, for Applicant/Landowner James Byler and Jennifer Nylander, Parcel #RP62N01E145551A, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B., with the following conditions “a” through “k”, with “a” specifying the location of the approved approach shall be located 300 feet north of the centerline of Hillcrest Road, and “k” to specify adding a 55-foot radius at the south approach. Commissioner Robertson second. Commissioners voted as follows: Chairman Bertling “abstain”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed.
Commissioner Cossairt moved to amend Commissioners’ meeting minutes for the week of February 13, 2023, due to a clerical error. Commissioner Robertson second. Motion passed unanimously.
10:37 a.m., Sheryl Brown and Mary Ann Cruce with Trow Creek Water Association joined the meeting.
Ms. Brown and Ms. Cruce provided Commissioners with the history of Trow Creek Water Association. The system is spring-fed and a well was installed in approximately 1987, but the water is really hard, it ruins appliances and it is borderline undrinkable. Ms. Cruce said the water association put in a slow sand filter through a community block grant. The well water is now a backup source when spring water is not sufficient. Ms. Brown and Ms. Cruce spoke of having initially requested ARPA funds for the purchase of an excavator because the cost to rent one was exorbitant and when the Water Association needs an excavator due to having a leak, they’re not able to get one quickly. Trow Creek Water Association’s request would be to replace their main lines. Ms. Brown said an estimate they’ve received from 7B Boring LLC. lists costs of approximately $50,000.00 to $60,000.00 for the work, materials at $8,000.00, approximately $35,000.00 for parts, and digging is between $8,000.00 and $16,000.00. It’s approximately $103,000.00 to $113,000.00 to just replace the main lines. It was said that Trow Creek Water Association is losing approximately one million gallons of water per month. The Water Association has a small amount of funds in the bank and they can meet their water obligations. Those present discussed applying for a grant. Ms. Brown listed various businesses in addition to the community that Trow Creek Water Association serves. Chairman Bertling said Commissioners prefer to use ARPA funds toward grant match for these projects and he added that if the Water Association has applied for a grant through the Department of Environmental Quality, the county would provide the grant match funds. Commissioner Cossairt added that ARPA funds used as grant match would be up to a certain amount. Ms. Brown and Ms. Cruce will get the feasibility cost paperwork to Commissioners for their consideration.
The meeting with Ms. Cruce and Ms. Brown ended at 10:52 a.m.
Ms. Bonsant and Mr. Martinez left the meeting.
Commissioners tended to administrative duties until their next meeting at 11:30 a.m.
11:30 a.m., Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting at Commissioners’ request to discuss timber salvage.
Mr. Knauth discussed fire salvage information with Commissioners. Mr. Knauth said the goal was to make sure to get roads back open again. When the Forest Service looked at the area of Dyno Road and Russell Flat Road, that area dropped cedar and other trees that had fire in the bases so the Forest Service got there to make sure the road was safe. If the Forest Service does those things, they’re looking at 300,000 total acres. It’s just the uphill side of the road since some of the road systems are steep off of the hillside. The salvage is mainly to get roads safe. There is approximately two million board feet and that’s taking into account loss and trees breaking. In addition, the Forest Service is now looking at Ham Creek Road, located off of Trout Creek, which is approximately four miles up to the right to the base of Farnham Peak. Ham Creek Road is a gated road so it’s not normally open to the public. The bridge past the gate is an old, unused bridge that is no good so you cannot haul any logs across it. The Forest Service does have a temporary bridge that’s sitting in Coeur d’ Alene right now and they could bring that in, but they would need to do earth work on the approaches. The Forest Service could span the area using the temporary bridge and then pull the bridge out later to use wherever it’s needed.
Mr. Knauth said off of Ball Creek, the only road access is up English Creek, which is approximately five miles and it ultimately leads to the Russell Ridge Trailhead. The vicinity of English Creek burned fairly hot and the Forest Service timber personnel feels there is less opportunity there, which could be a result of how it burned. Mr. Knauth said that area also has white bark pine, which is the new listed species so it makes things more challenging. There are a lot of unknowns in that the Fish and Wildlife Service hasn’t really come up with direction guidelines in terms of what activities would and would not have an effect on white bark pine populations. Mr. Knauth discussed getting to 4,500 feet in elevation and if they start getting into white bark pine habitat, the only way to do timber salvage is if it’s an approved National Environmental Policy Act (NEPA) project. This is talking about approximately 25 acres at that elevation. Mr. Knauth spoke of not being able to salvage timber due to drainages.
The Forest Service will look to see if Ham Creek is a better opportunity, such as in spots near Farnum Peak that the Forest Service could put actual units in. More than likely they will be in more white bark pine habitat again. The challenge is not knowing how the Fish and Wildlife Service will give direction to management activities in white park pine areas. It is early in the white bark pine’s listing and the Forest Service is not sure where it’s going to end up so they just have to work with the Fish and Wildlife Service until they find some guidance.
Mr. Knauth spoke of being allowed to do work along the roads if they can get through the NEPA process, but if they get into white bark pine, the decision would be around October or November and work would go into the winter. Chairman Bertling asked about the Good Neighbor Authority program and Mr. Knauth said you still go through the NEPA process and not all agencies can do the NEPA process. Idaho Department of Lands, through the Good Neighbor Authority, can go through the NEPA process, but the Forest Service still does the paperwork and it has been an inefficient process. Chairman Bertling said he would love to see a press statement stating this is what we’re doing and how we will try to salvage. It would be really good.
Chairman Bertling asked about buffer zones and he discussed compaction. Chairman Bertling said he would like to see a temporary road so an area of 10 acres could be salvaged. He’s hoping people are thinking outside of the box on this. Mr. Knauth said he could look for some of that, but it can be tricky because the Forest Service needs to look into restoration since some areas can come back good on their own. Ideally, the Forest Service would hope to get roads open in summer or at least by hunting season.
The meeting with Mr. Knauth ended at 12:12 p.m.
Commissioners recessed for lunch.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided. Mr. Morris reviewed work listed in the report.
Ms. Nelson spoke of having change order documents for the guardrail project. The type of guardrail that is going to be used is similar to what Road and Bridge already has so maintenance will be a little easier.
Commissioner Cossairt moved to sign Project #KN21994, the Guardrail Terminal Change Order #1. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the Findings and Decision for Road and Bridge Variance Applications #4-2023 and #5-2023 for Applicants James Byler and Jennifer Nylander, pending approval of the County Civil Attorney. Commissioner Robertson second. Motion passed unanimously.
Commissioners asked Ms. Nelson and Mr. Morris about possible Road and Bridge equipment or vehicles they might want to include in an upcoming county surplus property auction.
Those present spoke of various areas that have slick roads.
Ms. Nelson said as it pertains to post-accident drug, there are only three labs that does Department of Transportation (DOT) testing according to Boundary Community Hospital. Ms. Nelson updated Commissioners on the issue with time when it comes to waiting to receive test results, which ends up with the driver not being able to drive during that time. For the DOT test, there is an instant test, but it won’t allow the employee to drive a DOT truck and Ms. Nelson asked if the county would find it acceptable for the employee to work in the shop, drive a pickup or loader, etc. The county doesn’t have a policy stating what can be done. The turn-around time of the instant test is a couple of hours. Ms. Nelson said the instant test provides for testing of the four to five main drugs. Chairman Bertling said we should put something in the county policy about the accidents. You do have to take the DOT test in order to drive, but an employee could take the instant test to be able to work in the meantime. Commissioners didn’t have any issues with that.
Ms. Nelson informed Commissioners that Road and Bridge’s application for funding through the Local Highway Safety Improvement Program (LHSIP) was ranked #1 for District 1 and they were awarded the project for curve delineation. The amount of the award is $47,000.00.
Those present discussed the stolen Road and Bridge solar-powered stop signs. Ms. Nelson said she learned that if the item that was stolen had a value of over $1,000.00, it is considered a felony. Ms. Nelson asked about having the county public information officer publish a notice to the public about this information.
The meeting with Ms. Nelson and Mr. Morris ended at 2:12 p.m.
Commissioners discussed options for storage sheds for use by the Extension Office at the new location. Commissioners continued their discussion to the following week.
Commissioner Cossairt moved to sign the State of Idaho Department of Agriculture Award of 2023 State General Fund Cost Share Funds. Commissioner Robertson second. Motion passed unanimously.
There being no further business, the meeting adjourned at 2:41 p.m.
_______________________________________
TIM BERTLING, Chairman
ATTEST:
__________________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk