***Monday, March 3 at 9:00 a.m., Commissioners met in regular session with Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, Clerk Glenda Poston and Deputy Clerk Stephanie Sims.
Commissioners said the Pledge of Allegiance.
Squire Fields and Mike Kralik with the Maintenance Department entered the meeting at 8:56 a.m. to give their report. Mr. Fields stated that the back door for the courthouse was on order, February’s mold report shows no growth and no change. The Court Clerk’s office is complete except for the swinging door at the counter. Three of the four parts are in to repair the boiler and carpet cleaners will clean the carpet in the Clerk’s office and vault later this week.
Commissioner Robertson asked abut the dehumidifiers. Mr. Fields stated that they have not yet been installed.
Mr. Fields informed the Commissioners that the water line froze in the bathroom at the Waterways building and he suggested that the building be closed in the winter. Commissioners asked him to instead watch the temperatures, drain the water lines and close it only when needed.
Greg Lamberty entered the meeting at 9:10 a.m.
Mr. Fields stated that people are burning pallets at the Deep Creek boat launch causing issues with nails. Commissioners asked Mr. Fields to contact the sheriff’s department.
Fay Almond entered the meeting at 9:15 a.m.
Mr. Fields stated that a mini split unit in the Assessor’s office has quit working, Commissioners asked Mr. Fields to contact the person who installed it.
The meeting with Mr. Fields and Mr. Kralik ended at 9:23 a.m. and they left the meeting.
Commissioner Bertling moved to sign Certificates of Residency for Daniel Holman, John Holman, Jackson Holman and Gavin Rider. Commissioner Pinkerton second. Motion passed unanimously.
Chairman Robertson stepped down as chair and moved to sign Commissioner meeting minutes from 2/24. Commissioner Pinkerton second. Chairman Robertson and Commissioner Pinkerton voted in favor. Commissioner Bertling abstained because he was absent from that meeting.
Commissioner Bertling moved to sign Agreement for Medical Examiner Services. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Bertling moved to sign Resolution 2025-16 Increasing the Justice Fund Sheriff Budget Due to Receipt of Unanticipated Funds. Commissioner Pinkerton second. Motion passed unanimously.
RESOLUTION 2025-16
INCREASING THE JUSTICE FUND SHERIFF BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Justice Fund Sheriff Budget for fiscal year 2024-2025, and
WHEREAS, Boundary County has received reimbursement in the amount of $5,950.40 from the State of Idaho, Office of Drug Policy for reimbursement for the Watch Guard System for a Patrol Vehicle, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2024-2025, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to increase the Boundary County Justice Fund as follows:
Revenue Account Number Expense Account Number
0008-00-0391-0018 0008-02-0899-0000 $5,950.40
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Numbers and the Boundary County Justice Fund Sheriff Budget Expense Account Numbers as outlined above is hereby authorized and ordered, 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 3rd day of March, 2025
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_____________________________
Ben Robertson, Chairman
s/______________________________
Lester L. Pinkerton, Commissioner
s/______________________________
Tim Bertling, Commissioner
ATTEST:
s/ ______
Glenda Poston, Clerk of the Board of County Commissioners
Recorded Instrument #299325
Commissioner Bertling moved to sign Idaho Office of Emergency Management 2021 Final Grant Adjustment Notice 21SHSP021. Commissioner Pinkerton second. Motion passed unanimously.
Solid Waste Superintendent Richard Jenkins entered the meeting at 9:56 a.m.
Mr. Lamberty and Ms. Almond left the meeting at 10:00 a.m.
Mr. Jenkins reported that they took in 686 tons with a total daily average of 24 tons and a total vehicle count of 7,744 for the month of February. The newest operator is working out well and another equipment operator has been hired so they are fully staffed. Mr. Jenkins reported that the multi-gas meter is now in place for monitoring. The woodchips were found to be getting too hot and they have been spread out to cool them down. Mr. Jenkins received a call from Idaho Fish and Game concerning an individual shooting crows/ravens from the road into the landfill and he reported it to the sheriff. The next CAS Task Orders he will be working on are the closure and fill plans.
Commissioner Bertling asked about the AirBurner permit. Mr. Jenkins stated that DEQ is currently waiting for it to be assigned to a modeler and they are short staffed. Commissioner Bertling stated that he will contact DEQ.
Mr. Jenkins said Great West Engineering will be giving drone data for soil coverage. Commissioner Bertling stated that the amount needed will be decreased if we acquire a tarp system. Mr. Jenkins confirmed that was correct.
Mr. Jenkins reported that gas well monitoring showed levels above the allowed limit which will increase monitoring going forward. Monitoring will also need to be coordinated with neighboring property owners. Chairman Robertson asked Mr. Jenkins to have a preliminary conversation with property owners. Commissioner Bertling volunteered to participate with those conversations.
The meeting with Mr. Jenkins ended at 10:30 a.m. and he left the meeting. Ms. Poston also left the meeting.
Probation Officer Alisa Walker entered the meeting at 10:31 a.m. for the probation report. She provided an agreement with Kootenai County regarding housing for juveniles that Commissioners can review and potentially sign. Ms. Walker is sending one employee to instructor school which will open the window for training. The annual inspection for juvenile files will take place in May.
Commissioner Bertling moved to go into executive session 74-206(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 Pinkerton second. Commissioner’s voted as follows: Chairman Robertson “aye”, Commissioner Bertling “aye”, Commissioner Pinkerton “aye”. The executive session ended at 11:05 a.m. and Ms. Walker left the meeting. No action was taken.
Boundary Economic Development Director David Sims entered the meeting at 11:05 a.m. to give the EDC report. Mr. Sims stated that there is still considerable uncertainty with federal funding and advised the Commissioners to proceed as if there were none. The Moyie sewer project is going well and they are working on control integration and a plan for their discharge permit. Mr. Sims stated there continues to be access issues for businesses on Hwy 2. The USDA’s Value Added Producer Grant is still accepting applications and Idaho Commerce has formed a rural team which will have a 2-day Rural Success Summit, April 30-May 1 at the Worley Casino.
Ms. Poston rejoined the meeting at 11:23 a.m.
The meeting with Mr. Sims ended at 11:25 a.m. and he left the meeting.
Restorium Supervisor Janay Smith entered the meeting at 11:25 a.m. to give updates on the Restorium. Ms. Smith stated that the census is at 28, with a resident expecting to discharge later this month and two former residents that want to move back in. She has three employees going through the administrator course. Ms. Smith is auditing the employee training and working to update the RN job description. There are currently two positions open. Ms. Smith stated that one of the past due accounts was paid in full this morning and she is working with individuals assisting on the remaining two.
Commissioner Bertling asked what it would look like if the Restorium didn’t have memory care. Ms. Smith stated that would help to better balance when staffing is reduced because memory care consumes a lot of time. However, that is the type of care that is most sought after.
The meeting with Ms. Smith ended at 12:02 p.m. and she left the meeting.
Commissioners recessed for lunch at 12:05 p.m.
The meeting reconvened at 1:20 p.m. with Chairman Robertson, Commissioner Bertling, Commissioner Pinkerton, Clerk Glenda Poston and Deputy Clerk Stephanie Sims.
Road and Bridge Assistant Adam Ryals entered the meeting at 1:25 p.m. to give the Road & Bridge report. He provided Commissioners with the engineered redesign for a portion of the Riverside project. He stated they are working on the GIS map for the sign layer and limiting traffic on roads where they can due to spring breakup.
Commissioners discussed the Road Standards for ditches and culverts and paused the conversation while they gather more information.
Commissioner Bertling moved to sign updated Independent Contractor Agreement with Contract Land Staff, LLC. Commissioner Pinkerton second. Motion passed unanimously.
Personnel Director Pam Barton entered the meeting at 1:50 p.m.
Commissioner Bertling moved to go into executive Session 74-206(a) to consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general and 74-206(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 Pinkerton second. Commissioners voted as follows: Chairman Robertson “aye”, Commissioner Bertling “aye” Commissioner Pinkerton “aye”. Mr. Ryals exited the meeting at 2:27 p.m. Chairman Robertson exited the meeting at 2:30 p.m. The executive session ended at 2:48 p.m. and Ms. Barton left the meeting. No action was taken.
Chairman Robertson re-entered the meeting at 2:48 p.m. along with Chief Deputy Zimmerman, Staff Sergeant Valenzuela and Detective Watts.
Staff Sergeant Valenzuela reviewed the documents from the vehicle purchased with USDA grant funds.
Commissioner Bertling moved to sign USDA Rural Development grant vehicle purchase. Commissioner Pinkerton second. Motion passed unanimously.
Detective Watts presented the documents for the Recreation Boating Safety program showing the County was awarded $6,685 and explained the funding history.
Commissioner Bertling moved to sign Recreational Boating Safety funds for FFY2025. Commissioner Pinkerton second. Motion passed unanimously.
Chief Deputy Zimmerman, Staff Sergeant Valenzuela and Detective Watts left the meeting at 2:57 p.m.
Boundary Community Hospital’s CEO April Bennett entered the meeting at 3:00 p.m.
Chairman Robertson described the recent issues the County has had regarding drug testing, alcohol testing and the necessity that the tests are completed as requested. Ms. Bennett stated that in preparation for the meeting she reviewed the processes the hospital has in place and cross training. She confirmed that there were some issues recently and she will follow up to make sure those are corrected going forward.
Commissioners also discussed the continued need to address hospital property vs county property for insurance purposes.
The meeting with Ms. Bennett ended and she and Ms. Barton left the meeting at 3:25 p.m. Commissioner Bertling also left the meeting to virtually attend an emergency Panhandle Health meeting.
Treasurer Jenny Economu entered the meeting at 3:28 p.m.
Veronica Sekesan called the office at 3:30 p.m. to discuss financial difficulties she is having and property taxes due. Ms. Sekesan asked for the interest to be waived, moved to next year or give her four months to pay it. Commissioners and Ms. Economu discussed the interest, fees and her options for payment as well as the deadline. Ms. Economu stated that extending it would negate the tax deed hearing but the fees would remain.
Chairman Robertson asked if she was certain she could pay all taxes, interest and late fees by July 3rd and reminded Ms. Sekesan that the interest is added daily. Ms. Sekesan responded yes.
Chairman Robertson stated that this would be placed on an agenda for a future meeting. Ms. Sekesan stated that she understood and thanked them for their consideration.
The call with Ms. Sekesan ended at 3:45 p.m.
Assessor Olivia Drake and staff person Valerie Struger entered the meeting at 3:55 p.m.
At 4:00 p.m. Chairman Robertson stepped down as chair to recess the meeting as Boundary County Board of Commissioners and convene as the Boundary County Board of Equalization. Commissioner Pinkerton second. Motion passed unanimously.
Ms. Drake and the Commissioners discussed the property tax exemption applications that have been received so far, how best to proceed and the upcoming deadline of April 15th. It was agreed that since this is the first time through this process, some extensions may need to be given and the civil attorney may need to be involved in some of the more difficult decisions.
Commissioner Bertling rejoined the meeting at 4:30 p.m.
Ms. Drake mentioned some changes need to be made to the applications for next year to clarify information they are needing. She also mentioned that there has been a considerable increase in property owners seeking exemptions for a variety of reasons.
At 4:50 p.m. Chairman Robertson moved to adjourn as the Boundary County Board of Equalization and reconvene as the Boundary County Board of Commissioners. Commissioner Pinkerton second. Motion passed unanimously.
The meeting with Ms. Drake and Ms. Struger ended and they left the meeting.
There being no further business, the meeting adjourned.
Tuesday, March 4, 2025 Commissioners met in regular session with Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, Clerk Glenda Poston and Deputy Clerk Stephanie Sims.
John Ailport and Elynn Reierson with Inland Forest Management entered the meeting at 9:50 a.m.
Deputy Clerk Rebekah Jensen entered the meeting at 9:57 a.m.
Ms. Jensen stated that she wanted to bring to the Commissioners attention some issues that have recently come to light with the federal funding which affects RFF#4 and #5 of the Fire Safe program. On February 14th the federal government issued a letter stating that they were placing a federal funding freeze on the program and back dating it to January 20, 2025. RFF#4 had already been submitted with some project dates both before and after the January 20th cutoff. The contractors have been paid and we will need to separate that request and resubmit for reimbursement.
Mr. Ailport gave Commissioners a copy of the letter and stated that anything that happened after January 20th is unknown at this time. When they received the letter on February 14th, all contractors involved were contacted and any work that was in progress was stopped. Mr. Ailport felt that any work that happened prior to January 20th will be reimbursed. But the items after that date are unknown. So that puts all of the partners involved in an awkward position.
Commissioners all agreed that the contractors that did the work need to be paid. Ms. Poston stated that RFF#5 will be on next week’s agenda and will need to be noted that Commissioners are aware of the issue and are authorizing payment. This should be captured in the minutes because the fund will be in the negative.
Mr. Ailport and Ms. Reierson went on to explain the WUI program and how it has changed over the years to create fuel breaks around communities within the county. To date, the County has been awarded over 25 grants totaling over $3.7 million. Additional funding is available which removes the requirement of being located in close proximity to a USFS project. This funding would allow the County to create needed fuel breaks around homes that did not qualify before. Mr. Ailport stated that the application is due by the end of the week.
Chairman Robertson stated that due to the time sensitivity of the IDLA grant, he thought it was in the best interest to proceed. Commissioner Bertling and Pinkerton agreed.
Commissioner Bertling moved to sign the IDLA FY25 Boundary County Hazard Fuel Reduction grant application. Commissioner Pinkerton second. Motion passed unanimously.
The meeting with Ms. Jenkins, Mr. Ailport and Ms. Reierson ended at 11:02 a.m. and they left the meeting.
Solid Waste Superintendent Richard Jenkins and Jim Jordan with Western States entered the meeting at 11:04 a.m. and Mr. Jenkins provided Commissioners with a proposal that included multiple 980 loaders and a used articulated truck.
Commissioners reviewed the sheet and Chairman Robertson stated that he felt the numbers were not far off from what he was finding online. Commissioner Pinkerton asked if the cover system was purchased, can we downsize any of the equipment. Mr. Jenkins responded, no he felt the larger equipment was needed.
Chairman Robertson thanked Mr. Jenkins for providing the numbers he asked for at the previous meeting. He stated that we will need a truck eventually, but we have one a Road & Bridge that can be used. Mr. Jenkins stated that he would prefer an articulated truck.
Commissioner Bertling stated that we have got to start saving money for the closure. We have money going out, but we are not saving any. He leaned toward keeping the loader they currently have, and getting an articulated truck and the tarp system.
Mr. Jenkins stated that we are already making the payment on the loader in repair costs. The 980 is budgeted for this year and he felt they could use the reserve and/or also do a loan through the closure fund for the truck and tarp system.
Commissioner Robertson stated he is still bouncing around ideas of used equipment and reminded Mr. Jenkins that the Commissioners are responsible for the budget and would decide what the priority would be for the landfill.
Commissioner Bertling would like to table this so he can have time to go over the numbers and Commissioner Pinkerton stated he would like to explore the cover system.
Mr. Jordan stated he will look for used options for them to consider and he left the meeting at 11:30 a.m.
Mr. Jenkins handed out information about the tarpARMOR system TDS30HS. He stated that he upgraded the quote to include a diesel motor instead of gas because they have diesel on site. The package also includes a three-tarp system which will expand to 90’x100’ and the high wind package. Each tarp should last 3-10 years and a tarp repair tool was also included in the quote. A second quote was included to show the cost of replacement tarps. Mr. Jenkins described the cost savings and estimates the payback would be 6-12 months. There is a process that we would have to go through with DEQ to get approval for the system which will take about a year.
Commissioner Bertling moved to purchase the tarpARMOUR System as presented. Commissioner Pinkerton second. Motion passed unanimously.
The meeting with Mr. Jenkins ended and he left the meeting at 11:45 a.m.
Commissioners recessed for lunch at 11:55 a.m.
At 2:00 p.m. Commissioners held a public hearing for FILE 25-0040, RURAL SUBDIVISION VIA SHORT PLAT, PINETOP MEADOWS, LLC, for a request of a preliminary plat approval of Underhill Subdivision to divide a 46.04-acre parcel into nine (9) lots ranging between 5 acres and 5.66 acres in size. Those in attendance were Chairman Robertson, Commissioner Bertling, Commissioner Pinkerton, Deputy Clerk Stephanie Sims, Road & Bridge Co-Superintendent Adam Ryals, Tess Vogel with Planning & Zoning, P&Z Administrator Ben Jones, Karen Patty, Todd Smith, Shellie Smith. Jim Currey, Libby Mullin, Dan Trabucco, Joan Trabucco, John Marguette with JRS Surveying and Jeremy Davy with Cabinet Mountain Water. The hearing was recorded.
Chairman Robertson briefly reviewed the public hearing procedures. Commissioner Bertling and Commissioner Pinkerton cited no conflict of interest. Chairman Robertson stated that Todd Smith called him last week and asked if he knew about the project. Chairman Robertson told him that he didn’t have any of the information for it at that time. Chairman Robertson also stated that he has farmed the property that will be discussed.
Tess Vogel gave the staff report. Ms. Vogel stated that the applicant is requesting preliminary plat approval of Underhill Subdivision to divide a 46.04-acre parcel into nine (9) lots ranging between 5 acres and 5.66 acres in size. The parcel is located 1775 Paradise Valley Road in the Rural Residential zone, which requires a 5-acre density minimum. The property will use private wells or Cabinet Mountain Water District and septic systems as is identified as Assessor’s Parcel RP61N01E026001A in Section 2 Township 61 North, Range 1 East, B.M. Chairman Robertson called for any questions from the Commission to staff. There were none.
Commissioner Robertson asked Mr. Ryals with Road & Bridge about driveway permits. Mr. Ryals stated that they would need to amend their current permit from agriculture to residential or they could start over with a new permit.
Commissioner Bertling asked if they would need to amend the permit or start over. Mr. Ryals answered that they could choose to do either.
Commissioner Pinkerton asked if the culvert is already in place. Mr. Ryals answered yes.
The applicant was not present, but John Marquette with JRS Surveying stated that he had laid out the subdivision based on what the applicant requested.
Chairman Robertson asked if there were any questions for the applicant. Commissioner Bertling asked why the right of way width was 40 ft instead of 50. Mr. Marquette answered that the applicant wanted to minimize the unusable ground. Mr. Marquette stated that he felt a 50 foot would be better for the number of lots.
Chairman Robertson called for those who wished to testify as uncommitted or neutral to the application.
Jeremy Davy with Cabinet Mountain Water stated that Cabinet Mountain Water has not been contacted nor have they had any discussions to serve water for this subdivision. Cabinet Mountain Water is not an option for this subdivision because they are maxed out at this time.
Shellie Smith stated that there is another subdivision down the road that is also without water.
Karen Patty stated that she had concerns about traffic. This is located in a blind area if you are headed north and was curious if additional signage could be added. This will also add to the demand and require additional resources for the fire department.
Todd Smith had concerns about the infrastructure. If water is not there, how do you make a recommendation for the subdivision. What are the requirements for fire hydrants and how will Cabinet decide in the future who gets water.
Chairman Robertson asked if the Commissioners had any questions for the public. There were none. Chairman Robertson then asked for those who wished to testify in opposition of the application.
Dan Trabucco stated that this borders their property on the north and east sides. They don’t want any part of a subdivision. If they wanted to live by one, they would have moved to the city. Traffic will also be an issue. The access road is rock and it runs directly along their property line and hay barn. They don’t want their mules to get colic from the dust. Mr. Trabucco stated that they didn’t purchase their property to look off their deck at homes.
Chairman Robertson called for a rebuttal from the applicant. Mr. Marquette stated that he could appreciate their concerns. If you buy a piece of property you become attached to the view the neighboring property provides to you. However, the proposal lies within the acceptable ordinances within the county.
Chairman Robertson asked if there were any questions from the Commission. There were none. Chairman Robertson closed the public hearing to comments and called for deliberation.
Commissioner Pinkerton asked if there were any ordinance violations in the package. Everything right now is looking like it is within the parameters of 5 acre minimum, road design meets specified ordinance. Commissioner Bertling stated that would could require that it be wider.
Chairman Robertson stated there are no County Ordinances regulating water infrastructure. While I agree with comments made, the Commission cannot address that.
Commissioner Bertling stated that he doesn’t care for the wells being put into the ground. But the State of Idaho does not want to address that at this time. Commissioner Pinkerton added that we have no regulatory authority to address that.
Chairman Robertson stated that he personally farmed that ground for a couple years and he hates seeing hay fields turn into subdivisions. However, that is not a legal reason.
Chairman Robertson asked staff if they can place a condition for dust suppressants. Ms. Vogel answered yes.
Commissioner Pinkerton asked again if they can require dust abatement. Ms. Vogel clarified again that they could and suggested wording that could be included in a motion.
Commissioner Pinkerton asked if any other signage can be placed. Mr. Ryals stated he would need to look at the signage currently in place. We can require a stop sign and the bushes would need to be removed to help with sight.
Commissioners continued to work through their decision-making worksheet. Chairman Robertson then called for a motion.
Commissioner Bertling moved to approve the preliminary plat for Underhill Subdivision, a proposed rural subdivision, File #25-0040, and directed staff to prepare written findings, a reasoned decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Land Use Ordinance, based upon the findings and conditions as amended to amend findings #7 and condition #8 and add conditions #10-12 as read into the record by staff, and based upon the reasons as discussed. This action does not result in a taking of private property. Commissioner Pinkertons second. Motion passed unanimously.
The public hearing ended at 2:42 p.m.
s/________________________________
BEN ROBERTSON, Chairman
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
By: Stephanie Sims, Deputy Clerk