Monday, October 7, 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 Stephanie Sims.
Commissioners said the Pledge of Allegiance.
8:57 a.m.: Bradley Barton and Adam Ryals joined the meeting.
9:00 a.m. Bill Wilson joined the meeting.
Commissioner Robertson moved to go into executive session pursuant to 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. The mere presence of legal counsel at an executive session does not satisfy this requirement. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 9:40 a.m. and Bill Wilson left the meeting. No action taken.
9:51 a.m. The meeting with Mr. Barton and Mr. Ryals ended and they left the meeting.
9:53 a.m. Solid Waste Department Superintendent Richard Jenkins joined the meeting to give the department report. Mr. Jenkins reviewed his department report and he informed Commissioners that 804 tons were taken in for September. Mr. Jenkins will be updating the signs for the rate increase. The Air Burner arrived on Friday and he is working on the PCT application to move the project forward. Mr. Jenkins is working with DEQ and gathering quotes to install fencing around the landfill. Mr. Jenkins has completed MOLO Training and will soon be taking the certification test.
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.
10:32 a.m. Mr. Jenkins and Glenda Poston left the meeting. Pam Barton and Alisa Walker joined the meeting. Executive session ended at 11:00 a.m. and Ms. Barton left the meeting. No action taken.
Ms. Walker updated the Commissioner’s on changes that have been implemented with her department. Home visits are nearly complete and she worked with Bill Wilson on a resolution to destroy juvenile/adult misdemeanor probation records per Idaho code 31-871.
11:21 a.m. The meeting with Ms. Walker ended and she left the meeting.
11:21 a.m. Economic Development Director, David Sims joined the meeting.
Idaho received approval of the BEAD program for broadband from the Department of Commerce’s National Telecommunications and Information Administration. The Moyie sewer project is going well, according to Mr. Sims. Three Mile water is limiting hookups. They are also not allowing fire hookups which is a hinderance for businesses in that area to expand or develop. Mr. Sims updated the Commissioners on several grants that may benefit businesses within the community.
11:35 a.m. Restorium Supervisor, Janay Smith joined the meeting.
11:36 a.m. The meeting with Mr. Sims ended and he left the meeting.
Ms. Smith stated that the Restorium Census is at 29. She has reached out to a couple inquiries now that she has staff to handle it. She updated the Commissioners on numbers of private pay, Medicaid etc. Medicaid average has gone up quite a bit, largely because they are capturing the information. Ms. Smith is working on implementing changes to help with budget cuts. Activities are currently doing 20-24 hours per week. Memory Care is working on routine, so they are more comfortable, compliant and can participate with activities.
Commissioner Robertson asked for Jenay to include another line item of overtime on her future reports.
12:06 The meeting ended with Ms. Smith and she left the meeting. The Commissioners recessed for lunch.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Clerk Glenda Poston and Deputy Clerk Stephanie Sims.
Courthouse Maintenance Squire Fields and Assistant Mike Kralik joined the meeting to give the department report.
Maintenance discussed trees that were damaged in the storm and their current status. Remodel of the extension office is complete and ready for the Appraiser’s office to move into on Saturday. Mr. Fields would like to have the windows cleaned and he had a quote for $2,000 to include inside, outside and screens. Ms. Poston asked if they were insured. Mr. Fields responded yes. Commissioners confirmed that the cost was already part of their budget and agreed to move forward.
The boiler was turned on last week and is working well but heat is not reaching the radiators in several areas in the building. Only one room has heat on the third floor and it is sporadic on the other floors. They have been working to diagnose the problem. A repair man is coming next week to look at it.
1:56 p.m. Mr. Fields and Mr. Kralik left the meeting.
1:58 p.m. Jenny Economu, Treasurer joined the meeting to provide Commissioners with a quarterly update on county accounts and to certify delinquent taxes and special assessments to the 2024 tax bills.
Commissioner Cossairt moved to certify delinquent mobile home property taxes to the Real Property Roll for collection: MH60N01W34899AA certified to RP60N01W348990A for the amount of $244.86 and MH62N03E22481AA to RP62N03E224812A for the amount of $465.36. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Property Tax Cancellation Forms for tax year 2023 for parcel MH60N01W34899AA and to cancel taxes totaling $14.00, fees totaling $205.76, penalties totaling $4.40, plus interest and parcel MH62N03E22481AA and to cancel taxes totaling $95.66, fees totaling $205.76, penalties totaling $6.02 in order to certify to the 2024 Real Property Roll for collection. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the Department of Lands fees to the tax roll for collection as presented by the Treasurer. Commissioner Robertson seconded. Motion passed unanimously.
Commissioner Cossairt moved to certify the Solid Waste fee to the tax roll for collection as presented by the Treasurer. Commissioner Robertson seconded. Motion passed unanimously.
Commissioner Cossairt moved to certify the following delinquent Three Mile Water District charges to the 2024 Real Property Roll for collection: RP62N01E153011A in the amount of $105.86, RP008300000150A in the amount of $763.14, RP008200000090A in the amount of $624.96, RP62N01E111683A in the amount of $468.72, RP62N02E089100A in the amount of $534.38, RP008300000210A in the amount of $514.36, RP62N02E174665A in the amount of $514.06, RP62N01E097834A in the amount of $514.04, RP003250000140A in the amount of $452.56, RP008220000010A in the amount of $403.06, RP62N02E161195A in the amount of $348.88, RP62N01E038850A in the amount of $325.52, RP62N02E172280A in the amount of $302.56, RP62N02E175150A in the amount of $308.20, RP62N01E127790A in the amount of $366.10, RP62N02E177803A in the amount of $258.60, RP62N02E224810A in the amount of $289.38, RP62N02E077202A in the amount of $155.34, RP62N01E047951A in the amount of 302.36, RP62N02E174661A in the amount of $168.10, RP011800000040A in the amount of $211.80, RP62N01E106400A in the amount of $201.50, RP62N02E181050A in the amount of $199.28, and RP62N02E161501A in the amount of $165.60. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following delinquent Cabinet Mountains Water District charges to the 2024 Real Property Roll for collection: RP60N01W261152A-1 in the amount of $840.86, RP60N01W261152A in the amount of $840.86, RP60N01W243010A in the amount of $835.28, RP002650000040A in the amount of $467.32, RP61N01E296310A-1 in the amount of $869.66, RP61N01E119461A in the amount of $50.00. Commissioner Robertson second. Motion passed unanimously.
Commissioner Robinson asked what happens after these amounts are added in. Ms. Economu explained that the water districts have used every means possible in an attempt to collect the amount owing. The county will then add it to the tax bills and return it to the appropriate water district when collected.
Commissioner Cossairt moved to certify the following Avista Utility parcel amount to the 2024 Real Property Roll for collection for the South Boundary Fire District: UR000200601300A in the amount of $879.32. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Avista Utility parcel amount to the 2024 Real Property Roll for collection for the Paradise Valley Fire District: UR000200601400A in the amount of $1955.34. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify fees for the Boundary County Translator District to the 2024 Real Property Roll for collection as presented by the Treasurer. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the delinquent Yield taxes to the 2024 Real Property Roll for collection: RP62N03E061350A in the amount of $154.62, RP62N03E062402A in the amount of $218.72, and RP61N01E158752A in the amount of $164.56. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 1 parcel amounts to the 2024 Real Property Roll for collection: RP61N01E040750 totaling $389.64, RP61N01E040760 totaling $142.20, RP61N01E042560 totaling $734.00, RP61N01E043010 totaling $95.82, RP61N01E044800 totaling $29.24, RP61N01E044960 totaling $366.72, RP61N01E046610 totaling $29.00, RP61N01E046710 totaling $30.40, RP61N01E046762 totaling $1591.10, RP61N01E048560 totaling $41.62, RP61N01E050140 totaling $2396.16, RP61N01E050751 totaling $468.68, RP61N01E051810 totaling $253.90, RP61N01E052410 totaling $964.58, RP61N01E052450 totaling $121.60, RP61N01E053161 totaling $98.70, RP61N01E054040 totaling $54.34, RP61N01E054960 totaling $514.72, RP61N01E055402 totaling $15.16, RP61N01E055410 totaling $11.24, RP61N01E055702 totaling $17.22, RP61N01E056610 totaling $218.82, RP61N01E058410 totaling $621.10, RP61N01E060141 totaling $1.68, RP61N01E060171 totaling $253.24, RP61N01E060180 totaling $18.16, RP61N01E067200 totaling $39.20, RP61N01E082410 totaling $112.74, RP61N01E087190 totaling $15.44, RP61N01E090750 totaling $30.04, RP61N01E092901 totaling $122.20, RP62N01E196450 totaling $76.98, RP62N01E197100 totaling $0.00, RP62N01E198710 totaling $341.56, RP62N01E206440 totaling $68.68, RP62N01E276140 totaling $344.10, RP62N01E281510 totaling $72.00, RP62N01E283310 totaling $178.60, RP62N01E283610 totaling $347.44, RP62N01E284490 totaling $136.02, RP62N01E284810 totaling $180.56, RP62N01E284956 totaling $380.20, RP62N01E285560 totaling $406.02, RP62N01E286440 totaling $42.12, RP62N01E286610 totaling $154.92, RP62N01E287811 totaling $35.96, RP62N01E287858 totaling $1.88, RP62N01E288100 totaling $27.78, RP62N01E288692 totaling $551.96, RP62N01E288870 totaling $190.20, RP62N01E289140 totaling $68.48, RP62N01E290010 totaling $1975.30, RP62N01E291210 totaling $453.60, RP62N01E291810 totaling $426.60, RP62N01E292415 totaling $52.12, RP62N01E292710 totaling $177.66, RP62N01E292860 totaling $129.76, RP62N01E293310 totaling $144.26, RP62N01E294490 totaling $327.32, RP62N01E294810 totaling $296.36, RP62N01E296610 totaling $28.52, RP62N01E297210 totaling $406.20, RP62N01E297810 totaling $442.3, RP62N01E298420 totaling $282.26, RP62N01E298840 totaling $125.36, RP62N01E299140 totaling $171.12, RP62N01E300011 totaling $5387.18, RP62N01E300310 totaling $105.22, RP62N01E302570 totaling $47.80, RP62N01E305560 totaling $0.00, RP62N01E310030 totaling $2059.76, RP62N01E312410 totaling $544.72, RP62N01E314810 totaling $1681.58, RP62N01E315410 totaling $5.80, RP62N01E320010 totaling $1366.18, RP62N01E325250 totaling $123.96, RP62N01E325390 totaling $135.18, RP62N01E326610 totaling $250.60, RP62N01E327060 totaling $209.56, RP62N01E327810 totaling $3426.72, RP62N01E328240 totaling $81.40, RP62N01E328560 totaling $231.80, RP62N01E329310 totaling $123.40, RP62N01E330010 totaling $680.56, RP62N01E332410 totaling $748.40, RP62N01E333160 totaling $1463.10, RP62N01E334810 totaling $364.84, RP62N01E335410 totaling $374.20, RP62N01E336140 totaling $274.96, RP62N01E336150 totaling $98.24, RP62N01E336610 totaling $263.32, RP62N01E337350 totaling $700.02, RP62N01E338690 totaling $108.34, RP62N01E343150 totaling $205.32, and RP62N01E289350 totaling $4.60. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 2 parcel amounts to the 2024 Real Property Roll for collection: RP62N01E229040 totaling $29.04, RP62N01E231800 totaling $1185.90, RP62N01E235093 totaling $16.14, RP62N01E235096 totaling $.92, RP62N01E241201 totaling $129.74, RP62N01E241501 totaling $779.08, RP62N01E243400 totaling $27.68, RP62N01E243612 totaling $349.14, RP62N01E260760 totaling $120.62, RP62N01E262451 totaling $232.26, RP62N01E263150 totaling $7.66, RP62N01E270010 totaling $13.68, RP62N02E192412 totaling $23.90, RP62N02E193900 totaling $37.56, RP62N02E194050 totaling $7.44, RP62N02E195400 totaling $.38, RP62N02E195550 totaling $14.94, RPB00000229030 totaling $13.66, and RPB00000270160 totaling $10.26. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 3 parcel amounts to the 2024 Real Property Roll for collection: RP62N01W010010 totaling $1026.20, RP62N01W012410 totaling $1064.08, RP62N01W013765 totaling $1069.72, RP62N01W016010 totaling $16.50, RP62N01W016321 totaling $6.42, RP63N01W256311 totaling $15.26, RP63N01W256332 totaling $578.52, RP63N01W256450 totaling $29.20, RP63N01W257801 totaling $226.02, RP63N01W257820 totaling $244.84, RP63N01W258410 totaling $60.36, RP63N01W360017 totaling $1407.60, RP63N01W361811 totaling $1366.18, RP63N01W363453 totaling $26.84, RP63N01W363461 totaling $75.14, RP63N01W365561 totaling $1356.38, RP63N01W365715 totaling $17.90, RP63N01W366011 totaling $1219.44, and RP63N01W366151 totaling $193.40. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 4 parcel amounts to the 2024 Real Property Roll for collection: RP63N01E053161 totaling $15.70, RP63N01E060011 totaling $225.96, RP64N01E075460 totaling $127.94, RP64N01E183164 totaling $450.64, RP64N01E185700 totaling $131.44, RP64N01E186010 totaling $208.64, RP64N01E187792 totaling $270.76, RP64N01E190620 totaling $2.04, RP64N01E190630 totaling $3.92, RP64N01E191210 totaling $1404.66, RP64N01E192430 totaling $187.30, RP64N01E193012 totaling $36.60, RP64N01E193021 totaling $194.04, RP64N01E194810 totaling $417.62, RP64N01E196160 totaling $417.42, RP64N01E300030 totaling $139.34, RP64N01E300610 totaling $1664.42, RP64N01E303010 totaling $416.84, RP64N01E307230 totaling $277.42, RP64N01E308560 totaling $314.38, RP64N01E310160 totaling $2983.58, RP64N01E323600 totaling $10.62, RP64N01E324041 totaling $89.54, RP64N01W127660 totaling $76.46, RP64N01W130010 totaling $1727.62, RP64N01W149010 totaling $172.74, RP64N01W230010 totaling $166.22, RP64N01W240013 totaling $570.54, RP64N01W240020 totaling $4.76, RP64N01W240610 totaling $209.20, RP64N01W241250 totaling $2.56, RP64N01W241813 totaling $67.48, RP64N01W242410 totaling $388.02, RP64N01W245560 totaling $131.42, RP64N01W247350 totaling $41.06, RP64N01W247701 totaling $276.68, RP64N01W250013 totaling $261.76, RP64N01W250760 totaling $164.02, RP64N01W251810 totaling $218.88, RP64N01W257211 totaling $503.14, and RP64N01W360010 totaling $26.62. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 5 parcel amounts to the 2024 Real Property Roll for collection: RP63N01E297960 totaling $479.50, RP63N01E300051 totaling $521.82, RP63N01E300610 totaling $605.82, RP63N01E301210 totaling $606.80, RP63N01E303140 totaling $310.92, RP63N01E304040 totaling $433.38, RP63N01E305260 totaling $251.98, RP63N01E307961 totaling $103.34, RP63N01E307962 totaling $662.38, RP63N01E310010 totaling $826.84, RP63N01E310460 totaling $712.64, RP63N01W251040 totaling $232.56, and RP63N01W251940 totaling $252.22. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 6 parcel amounts to the 2024 Real Property Roll for collection: RP64N01E073901 totaling $15.26, RP64N01E075560 totaling $46.38, RP64N01W010013 totaling $194.38, RP64N01W012411 totaling $324.40, RP64N01W013011 totaling $479.42, RP64N01W019010 totaling $421.04, RP64N01W019311 totaling $7.94, RP64N01W021360 totaling $483.08, RP64N01W022414 totaling $575.00, RP64N01W022420 totaling $706.58, RP64N01W030011 totaling $513.58, RP64N01W040010 totaling $61.20, RP64N01W100460 totaling $41.42, RP64N01W110011 totaling $881.68, RP64N01W120601 totaling $3.96, RP64N01W121800 totaling $6.04, RP64N01W121955 totaling $452.80, RP64N01W123013 totaling $330.64, RP64N01W124210 totaling $472.42, RP64N01W125550 totaling $6.10, RP64N01W127660 totaling $32.30, RP64N01W128410 totaling $40.32, RP65N01W210614 totaling $250.30, RP65N01W214211 totaling $13.72, RP65N01W217200 totaling $64.36, RP65N01W219301 totaling $12.50, RP65N01W225416 totaling $8.84, RP65N01W270010 totaling $35.52, RP65N01W272413 totaling $422.98, RP65N01W273011 totaling $314.92, RP65N01W274350 totaling $3.58, RP65N01W278400 totaling $303.62, RP65N01W279150 totaling $86.04, RP65N01W280012 totaling $305.38, RP65N01W282400 totaling $464.74, RP65N01W283010 totaling $149.94, RP65N01W283160 totaling $18.90, RP65N01W284940 totaling $335.62, RP65N01W287211 totaling $242.66, RP65N01W287800 totaling $35.12, RP65N01W288400 totaling $147.46, RP65N01W295101 totaling $323.20, RP65N01W297661 totaling $158.84, RP65N01W320020 totaling $333.44, RP65N01W321812 totaling $306.68, RP65N01W330010 totaling $239.50, RP65N01W331810 totaling $121.90, RP65N01W332410 totaling $121.92, RP65N01W332420 totaling $110.44, RP65N01W333010 totaling $306.22, RP65N01W339010 totaling $129.78, RP65N01W340000 totaling $1875.82, RP65N01W350611 totaling $433.22, RP65N01W351213 totaling $531.94, RP65N01W357362 totaling $212.12, RP65N01W357363 totaling $99.76, RP65N01W357364 totaling $250.24, RP65N01W364803 totaling $19.22, and RP65N01W365411 totaling $113.62. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 10 parcel amounts to the 2024 Real Property Roll for collection: RP64N01W042411 totaling $232.94, RP64N01W050011 totaling $370.46, RP64N01W052401 totaling $342.36, RP64N01W054810 totaling $37.46, RP64N01W057210 totaling $228.80, RP64N01W060020 totaling $16.04, RP65N01W303760 totaling $796.88, RP65N01W310611 totaling $705.92, RP65N01W317212 totaling $163.62, RP65N01W324062 totaling $256.70, RP65N01W326600 totaling $185.10, RP65N01W334810 totaling $188.34, and RP65N02W257660 totaling $75.38. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 11 parcel amounts to the 2024 Real Property Roll for collection: RP62N01E052412 totaling $474.32, RP62N01E053000 totaling $32.26, RP62N01E060011 totaling $1069.54, RP62N01E060140 totaling $46.34, RP62N01E070010 totaling $75.44, RP62N01E070610 totaling $228.94, RP62N01E071350 totaling $74.80, RP62N01E071800 totaling $74.44, RP62N01E073600 totaling $46.08, RP62N01E077200 totaling $74.44, RP62N01E077822 totaling $.00, RP62N01E077830 totaling $.88, RP62N01E080011 totaling $73.30, RP62N01E081810 totaling $68.08, RP62N01E083010 totaling $76.46, RP62N01E083610 totaling $75.02, RP62N01E084962 totaling $216.50, RP62N01E085410 totaling $124.62, RP62N01E086460 totaling $24.36, RP62N01E166011 totaling $99.98, RP62N01E170011 totaling $426.26, RP62N01E173010 totaling $225.24, RP62N01E176010 totaling $98.96, RP62N01E177210 totaling $425.04, RP62N01E180010 totaling $75.50, RP62N01E180742 totaling $.00, RP62N01E180745 totaling $15.34, RP62N01E181810 totaling $268.48, RP62N01E189010 totaling $151.86, RP62N01E190010 totaling $54.76, RP62N01E190502 totaling $8.56, RP62N01E190552 totaling $.00, RP62N01E191800 totaling $.00, RP62N01E200017 totaling $317.56, RP62N01E200616 totaling $261.74, RP62N01E203011 totaling $.00, RP62N01E203021 totaling $34.20, RP62N01E204810 totaling $61.36, RP62N01E205120 totaling $.00, RP62N01E206610 totaling $2.14, RP62N01E207650 totaling $11.48, RP62N01E207950 totaling $11.36, RP62N01E208400 totaling $11.30, RP62N01E208540 totaling $18.70, RP62N01E208550 totaling $4.40, RP62N01E209140 totaling $20.18, RP62N01E210750 totaling $1.04, RP62N01E212411 totaling $192.40, RP62N01E213010 totaling $299.08, RP62N01E217960 totaling $.58, RP62N01E218701 totaling $5.14, RP62N01E280761 totaling $25.72, RP62N01E280781 totaling $11.16, RP62N01E282410 totaling $39.10, RP62N01W017210 totaling $157.22, RP62N01W018410 totaling $164.46, RP62N01W120010 totaling $151.42, RP62N01W121360 totaling $89.60, RP62N01W122420 totaling $.00, RP63N01E317210 totaling $315.90, and RP63N01E324811 totaling $86.96. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 13 parcel amounts to the 2024 Real Property Roll for collection: RP64N01W034810 totaling $336.44, RP64N01W038410 totaling $87.14, RP64N01W045410 totaling $84.48, RP64N01W046610 totaling $263.58, RP64N01W090010 totaling $228.68, RP64N01W092411 totaling $622.18, RP64N01W100610 totaling $786.02, and RP64N01W103010 totaling $91.48. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to certify the following Drainage District No. 15 parcel amount to the 2024 Real Property Roll for collection: RP62N02E283440 totaling $251.00, RP62N02E292095 totaling $17.24, RP62N02E293200 totaling $34.50, RP62N02E296161 totaling $232.82, RP62N02E296310 totaling $566.50, RP62N02E297340 totaling $408.00, RP62N02E302263 totaling $963.60, RP62N02E321511 totaling $538.30, RP62N02E321951 totaling $109.24, RP62N02E322540 totaling $405.52, RP62N02E323610 totaling $343.48, RP62N02E325100 totaling $7.06, RP62N02E326610 totaling $122.74. Commissioner Robertson second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 132,466.52
Road & Bridge 253,815.68
Airport 29,621.26
District Court 10,046.69
Justice Fund 25,187.46
911 Funds 4,371.27
Parks and Recreation 9,134.24
Revaluation 4,427.13
Solid Waste 124,514.64
Veterans Memorial 23.02
Weeds 3,881.00
Restorium 13,014.01
Waterways 737.87
Road & Bridge Tribal Fuel 141.46
Grant, Airport 140,187.13
Grant, Selkirk Coop Weed Mgmt 4,710.58
Juvenile Probation – Lottery 180.00
LATCF 3769.19
TOTAL $760,229.15
Trusts
Boundary Co. Drug Court Trust 260.54
Sales Tax Collected 1089.21
State Unclaimed Property 1002.86
Driver’s License Trust 10,069.00
Motor Vehicle Trust Acct 875.90
Sherriff’s Trust Fund 393.00
Restorium Memorial Trust 5,805.22
Sheriff Special Projects 8500.00
Odyssey Court Trust Account 39,030.48
Odyssey Bond Trust Account 2221.75
Odyssey Restitution Trust Account 6,275.85
TOTAL $75,523.81
GRAND TOTAL $835,752.96
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2023-2024).
Commissioner Cossairt moved to adopt Resolution 2024-48 allowing Destruction of Juvenile/Adult Misdemeanor Probation Records. Commissioner Robertson seconded. Motion passed unanimously.
RESOLUTION NO. 2024 - 48
BOUNDARY COUNTY COMMUNITY JUSTICE
DESTRUCTION OF JUVENILE/ADULT MISDEMEANOR PROBATION RECORDS
WHEREAS, Idaho Code 31-871 provides for the classification of county records as “permanent”, “semi-permanent”, or “temporary”, and;
WHEREAS, Boundary County Community Justice has stored files going back several decades; and
WHEREAS, the Chief of Probation has reviewed stored files/documents and identified whether they are “permanent”, “semi-permanent”, or “temporary” as described in subsections (1)(a), (b), or (c) of Idaho Code 31-871; and,
WHEREAS, the Chief of Probation has reviewed Idaho Code 31-871 (2)(a), (b), (c), and the Idaho Association of Counties County Record Retention Schedule for Juvenile/Adult Misdemeanor Probation, and proposed for destruction certain records that have exceeded their minimum retention; and,
WHEREAS, Boundary County Community Justice has prepared a list of Juvenile/Adult Misdemeanor Probation records for the years 1999 to 2013 which it proposes to have destroyed at this time, a copy of which is attached hereto as Exhibit “A” and Exhibit “B” as provided by Idaho Code 31-871 (2)(g).
WHEREAS, advice and approval for the destruction of the prepared list of records has been obtained from the County Attorney.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Boundary County, hereby authorizes the immediate destruction of the files listed in Exhibit “A” and that such destruction occur under the direction and supervision of the Chief of Probation.
ADOPTED as a Resolution of the Board of Commissioners of Boundary County upon a majority vote on
the 7th day of October, 2024.
BOARD OF BOUNDARY COUNTY COMMISSIONERS
By: s/________________________________________
Tim Bertling, Chairman
By: s/________________________________________
Wally Cossairt, Commissioner
By: s/________________________________________
Ben Robertson, Commissioner
By: s/________________________________________
ATTEST: Glenda Poston, Clerk of the Board of County Commissioners
Recorded Instrument # 298290
Clerk’s Note: Exhibit A and B can be seen at the Clerk’s office
Commissioner Cossairt moved to adopt Resolution 2024-49 Increasing the E911 Budget Due to Receipt of Unanticipated Funds. Commissioner Robertson seconded. Motion passed unanimously.
RESOLUTION 2024-49
INCREASING THE E911 BUDGET
DUE TO RECEIPT OF UNANTICIPATED FUNDS FROM THE STATE OF IDAHO
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County E911 Budget for fiscal year 2023-2024, and
WHEREAS, Boundary County has received $225,112.00 from the State of Idaho for the purpose of maintenance for E911 addressing software, and
WHEREAS, the Boundary County E911 Budget is in need of additional revenue for fiscal year 2023-2024, 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 E911 Fund Revenue Account Number 91-00-0391-0018 and the Boundary County E911 Fund Budget Expense Account Number 91-00-0803-0000, Capital-Equipment, in the amount of $225,112.00, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County E911 Fund Revenue Account Number 91-00-0391-0018 and the Boundary County E911 Fund Budget Expense Account Number 91-00-0803-0000, Capital-Equipment, in the amount of $225,112.00 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.
PASSED this 7th day of October 2024 to be effective September 30, 2024.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/____________________________
Tim Bertling, Chairman
s/____________________________
Wally Cossairt, Commissioner
s/_____________________________
Ben Robertson, Commissioner
ATTEST:
s/______________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded Instrument # 298291
Commissioner Cossairt moved to adopt Resolution 2024-50 to Establish Fire Mitigation Grant Revenue Account and Expense Budget. Commissioner Robertson seconded. Motion passed unanimously.
RESOLUTION 2024-50
ESTABLISH FIRE MITIGATION GRANT REVENUE ACCOUNT AND EXPENSE BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM THE IDAHO DEPARTMENT OF LANDS
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2023-2024; and
WHEREAS, $226,991.46 in unanticipated grant funds has been received from the Idaho Department of Lands (IDL) for fire mitigation purposes; and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County; and
WHEREAS, it is appropriate to establish the Fire Mitigation Grant Revenue Budget Account Number 102-00-324-011 in the amount of $266,991.46 from revenue received in fiscal year 2023-2024; and
WHEREAS, it is appropriate to establish the Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $226,991.46 in order to pay fire mitigation grant expenses.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED that the establishment of the Fire Mitigation Revenue Budget Account Number 102-00-324-011 and Fire Mitigation Grant Expense Budget Account Number 102-02-709-00 in the amount of $266,991.46 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.
PASSED this 7th day of October 2024 to be effective September 30, 2024.
COUNTY OF BOUNDARY
BOARD OF COMMISSIONERS
s/_____________________________
Tim Bertling, Chairman
s/_____________________________
Wally Cossairt, Commissioner
s/_____________________________
Ben Robertson, Commissioner
ATTEST:
s/____________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded Instrument # 298292
Commissioner Cossairt moved to adopt Resolution 2024-51 to Establish the Selkirk Cooperative Weed Management Grant Revenue Account and Expense Budget. Commissioner Robertson seconded. Motion passed unanimously.
RESOLUTION 2024-51
ESTABLISH THE SELKIRK COOPERATIVE WEED MANAGEMENT GRANT REVENUE ACCOUNT
AND EXPENSE BUDGET DUE TO RECEIPT OF UNANTICIPATED REVENUE
FROM THE IDAHO DEPARTMENT OF AGRICULTURE
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for fiscal year 2023-2024, and
WHEREAS, Boundary County is a participant in the Idaho State Department of Agriculture Cost Share Program and the Selkirk Cooperative Weed Management Area, and
WHEREAS, the Selkirk Cooperative Weed Management Area has developed a plan for implementing noxious weed management projects in 2024, and
WHEREAS, the Boundary County Auditor’s Office has agreed to administer the financial portion of the plan, and
WHEREAS, upon the advice of the Boundary County Outside Auditor, a grant fund is to be established to facilitate financial administration of the plan, and
WHEREAS, $20,633.59 in unanticipated State Cost Share Funds has been received from the Idaho Department of Agriculture for that purpose, and
WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate to establish the Selkirk Cooperative Weed Management Grant Revenue Budget Account Number 63-00-340-00 in the amount of $20,633.59 from revenue received in fiscal year 2023-2024, and
WHEREAS, it is appropriate to establish the Selkirk Cooperative Weed Management Grant Expense Budget Account Number 63-00-709-00 in the amount of $20,633.59 in order to pay noxious weeds cost share expenses.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED that the establishment of the Selkirk Cooperative Weed Management Grant Revenue Budget Account Number 63-00-340-00 and Expense Account Budget Account Number 63-00-709-00 in the amount of $20,633.59, 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.
PASSED this 7th day of October 2024 to be effective September 30, 2024.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/____________________________
Tim Bertling, Chairman
s/____________________________
Wally Cossairt, Commissioner
s/____________________________
Ben Robertson, Commissioner
ATTEST:
s/________________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded Instrument # 298293
Commissioner Cossairt moved to adopt Resolution 2024-52 to Increase the Road & Bridge Tribal Fuel Fund Budget Due to Receipt of Unanticipated Revenue. Commissioner Robertson seconded. Motion passed unanimously.
RESOLUTION 2024-52
INCREASING THE Road & Bridge Tribal Fuel Fund 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 Road & Bridge Tribal Budget for fiscal year 2023-2024, and
WHEREAS, Boundary County has received compensation in the amount of $130,724.73 from the Kootenai Tribe of Idaho, as Motor Fuels Tax on fuel solid at their Sonic Station located in Boundary County, Idaho, and
WHEREAS, the Boundary County Road & Bridge Tribal Budget is in need of additional revenue for fiscal year 2023-2024, for the purpose as outlined in the agreement between the Kootenai Tribe of Idaho and Boundary County Road & Bridge Department, 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 Road & Bridge Tribal Fund Revenue Account Number 42-00-0015-0001 in the amount of $19,608.70 and the Boundary County Road & Bridge Tribal Fund Budget Expense Utilities Account Number 42-00-0465-000, in the amount of $19,608.70 and to increase the Boundary County Road & Bridge Tribal Fund Revenue Account Number 42-00-0015-0002 in the amount of $111,116.03 and the Boundary County Road & Bridge Tribal Fund Budget Expense Account Number 42-00-0670-0010, Tribal Transportation 85%, in the amount of $111,116.03, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Road & Bridge Tribal Fund Revenue Account Number 42-00-0015-0001 in the amount of $19,608.70 and the Boundary County Road & Bridge Tribal Fund Budget Expense Utilities Account Number 42-00-0465-000, in the amount of $19,608.70 and to increase the Boundary County Road & Bridge Tribal Fund Revenue Account Number 42-00-0015-0002 in the amount of $111,116.03 and the Boundary County Road & Bridge Tribal Fund Budget Expense Account Number 42-00-0670-0010, Tribal Transportation 85%, in the amount of $111,116.03, 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 7th day of October 7, 2024
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_________________________
Tim Bertling, Chairman
s/______________________________
Wally Cossairt, Commissioner
s/______________________________
Ben Robertson, Commissioner
ATTEST:
s/
Glenda Poston, Clerk of the Board of County Commissioners
Recorded Instrument # 298294
Commissioner Cossairt moved to adopt Resolution 2024-53 Solid Waste Fee Schedule for Fiscal Year 2024-25. Commissioner Robertson seconded. Motion passed unanimously.
RESOLUTION 2024-53
A RESOLUTION TO ADOPT A SOLID WASTE FEE SCHEDULE FOR FISCAL YEAR 2024-2025
WHEREAS, it is the duty of the Board of County Commissioners to maintain and operate solid waste disposal systems, and
WHEREAS, Section 31-4404, Idaho Code, authorizes the Board of Boundary County Commissioners to collect fees for the purpose of providing funds to operate and maintain solid waste disposal systems, and
WHEREAS, all households, businesses, farms and professional practices should be equitably charged solid waste fees proportional to the amount of solid waste generated,
WHEREAS, the last solid waste fee increase was initiated for fiscal year 2023-2024 and the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to increase solid waste fees as per the schedule for the 2024-2025 fiscal year to help fund the cost of operating the Solid Waste Department, and
WHEARAS, THE Board of County Commissioners, County of Boundary, State of Idaho, held a public hearing to receive public comment on a proposal to increase some solid waste fees over (5%),
WHEREAS, the following is an estimate of what this change may mean to a Boundary County user, and
NOW, THEREFORE, on motion duly made, seconded, and unanimously carried,
IT IS RESOLVED that the Boundary County Board of Commissioners do hereby set and establish the following solid waste collection fees in accordance with the fee schedule attached hereto and by this reference incorporated herein.
DATED AND DONE this 7th day of October, 2024.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_________________________
Tim Bertling, Chairman
s/_________________________
Wally Cossairt, Commissioner
s/_________________________
Ben Robertson, Commissioner
ATTEST:
s/__
GLENDA POSTON, Clerk of the Board of County Commissioners
Recorded Instrument # 298295
Clerk’s Note: Schedule of fees can be found at the Clerk’s office
2:23 p.m. Erik Ketner, Panhandle Health Director and Thomas Fletcher Chairman, of the Panhandle Health Board joined the meeting.
Commissioner Cossairt moved to sign Contractor’s Application for Payment #2 for Airport Aid Grant F24865S-Slope Stabilization Project. Commissioner Robertson seconded. Motion passed unanimously.
Commissioner Cossairt moved to sign the Commissioner meeting minutes for the week of September 30, 2024, Commissioner Robinson seconded. Motion passed unanimously.
Mr. Ketner then gave an update on septic projects Panhandle Health is dealing with in Boundary County. He stated that Boundary County has experienced a 12% growth rate, so it is important to work to protect the resources in the county. The Commissioners then discussed ideas to aid in preventing septic issues in the future.
Chairman Fletcher gave an update on Panhandle Health Board of Directors and their direction. He requested to set up a meeting
3:35 The meeting with Mr. Ketner and Dr. Fletcher ended and they left the meeting.
There being no further business, the meeting ended at 3:45 p.m.
Tuesday, October 8, 2024 There were no items on the agenda therefore the Commissioners did not meet.
Wednesday, October 9, 2024 Commissioners held a special meeting for the purpose of holding a Planning and Zoning appeal hearing regarding P&Z File #24-0076, Maverick LLC.
Present Were: Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, Clerk Glenda Poston, Deputy Clerk Stephanie Sims, Planning and Zoning Administrator Ben Jones, Civil Attorney Bill Wilson, Clare Marley and Tess Vogel with Planning, Dan McCracken with Idaho DEQ, Nelson Mast owner of Panhandle Door, Vern Helmuth, Jacob Hampton, Jessica Tingley, Barb Awbrey, Dayton Skrivseth, Jen Krezman, Eric Welch, Gerald Higgs, Devyn Rogers, Niel Potts, applicant Don Jordan, applicant Kathy Konek, Carol Arthur, Luke Estabrooks, Annie Swift, Nadine Sulier, Peggy Basdeleus, Gary Atkins, Leslie Fife, Brian Fife, Daniel Miller, Bela Von Tomacy, Tatiana Dewberry, Leah Van Ray, Jess Hampton, Ken Arthur, Jeremy Davy, Andrew O’Neel, Aaron Miller, Reporter Victor Martinez with the Inlander, Nicholas Dominguez, Emma Dominguez, Laura Winter, Ron Self P&Z, and James Bustamante, applicant Kelli Martin, applicant Jeffrey Steinborn, applicant “David” Jim Dewberry, Oksana Steinborn, Monty Winter, John Poland, Mike Weland, Kathryn Koberg with Panhandle Health District, James Hanlon with Spokesman Review, Barb Rogers, Drew Pendleton, Adrienne Norris, Lisa Aguilera, Jason Peppin with Panhandle Health District, Walter Rogers, Darius Ruen, Rebekah Erickson, Jarren Sheets, Justin Gilbert, Judy Everhart, Adam Arthur, Michelle Brinley, Brian Brinley, Caleb Davis, Rob Tompkins, Cheyenne Solt, Kyle Krezman and Nicholas Hinton.
The hearing was recorded.
Chairman Bertling made a statement asking that we keep things civil so that we could have a productive hearing and listen to everyone. If you become belligerent, it is difficult to conduct the hearing and you will be asked to leave and we will table this proceeding for a later date.
6:30 p.m. Chairman Bertling opened the appeal hearing to hear two appeals regarding the July 25, 2024, Planning and Zoning Commission approval of File #24-0076. The parcel is located at 168 Pot Hole Rd and is identified as Parcel #RP61N01E291201A. Appeals were filed by Don Jordan, Kathy Konek, Kelli Martin, Jeffery Steinborn and Jim Dewberry who advised that the decision of the P&Z was arbitrary and capricious and caused undue adverse impacts to neighboring property owners.
Chairman Bertling called for disclosures and conflicts. Clare Marley explained disclosures and conflicts. Chairman Bertling disclosed that Eric Ketner, Panhandle Health Director was recently at the office and the they had a brief conversation about the fact that Panhandle Health had met with Panhandle Door about their septic system. Commissioners cited no conflict of interest.
Clare Marley explained the Quasi-judicial hearing process in Idaho which requires that they follow a process as defined. She then explained the hearing process.
Tess Vogel presented the staff report which included the order of filings and type of zoning. She showed a copy of the zone map and explained the color coding. Ms. Vogel also explained the county’s comprehensive plan and the reason why a special use permit is needed. She stated that both appeal applications that were submitted provided documents that fit the appeal process. Ms. Vogel also reviewed the original application numbers for square footage, number of employees and trips per day verses the current numbers. Ms. Vogel also reviewed the septic and water district the property has as well as their access to the highway. She noted the updates from the June and July hearings and information that was included in the packets.
Chairman Bertling called for questions from the Commissioners. There were none.
Chairman Bertling called for the first Appellant to present. Don Jordan explained that he and his wife, Kathy Konek own property on Pot Hole Rd that they plan to retire to. They currently live about ¾ mile away. He stated that their appeal deals mostly with access, traffic, dust, noise and visibility. They gave the previous owners access with the expectation that it would be for residential use. When they asked for a special use permit for the business he had no objections because it was a small mom and pop business. When the business sold to Nelson Mast, he grew the business considerably which required him to widen the road on Don Jordan’s property. Mr. Mast also removed trees on Mr. Jordan’s property for the driveway expansion which was a noise barrier to the surrounding property.
Mr. Jordan feels a better access for Panhandle Door would be on their own property and is disappointed that ITD has not been willing to give them access. Traffic has increased dramatically which has made it difficult to pull out in either direction. Noise and dust have also increased due to the increased traffic.
Mr. Jordan stated that this is a very serious issue and the Commissioners need to look at the future. If this special use permit is approved, it is setting the County up for future issues and is setting a bad precedent. Mr. Mast can be commended for growing the business, but he has not taken into concern the neighboring properties and their values that have dropped by approximately $500,000 because of the negative impacts from Panhandle Door. Mr. Jordan feels that if the special use permit is approved, the county is setting up an unplanned industrial park. At some point we have to recognize how important planning and zoning regulations are and mediate how individual property rights can significantly affect a neighborhood.
Chairman Bertling called for questions from Commissioners to Mr. Jordan.
Commissioner Robertson stated that much of your concerns were about approach. Commissioner Roberts asked if a new approach would alleviate their concerns. Mr. Jordan answered that it satisfies the immediate concerns, but it does not address future expansion and how that will affect neighboring property. Mr. Jordan and Ms. Konak live ¾ of mile away and they can hear the noise from the business.
Commissioner Robertson asked if a new approach and sound mitigation implemented, would that satisfy their concerns. Mr. Jordan responded that they will never be satisfied, but they would be reasonable.
Commissioners had no further questions.
Chairman Bertling called for the second Appellant to present. Kelli Martin spoke first. Ms. Martin stated that since 2018 until present, Nelson Mast has constructed and operated PDI without going through the permit process. Ms. Martin stated it is an industrial manufacturing facility and it is operating unlawfully. Mr. Mast did not get an electrical permit for his expansion, DEQ has issued 11 violations last month and 7 in 2023, OSHA is investigating and the Fire Marshall has an open investigation. Paradise Fire Department has responded five times to Panhandle Door due to fires and the Fire Chief will no longer respond to fires at this location due to the dangerous situation. Because of this, Ms. Martin has great concern for the surrounding properties should another fire breakout.
Ms. Martin stated that PDI is dumping waste material on the property that contains formaldehyde that contaminates the surrounding soil which then leaches into shallow wells and the ecosystem. Kelli Martin and her daughter have tested positive for lead, arsenic and mercury and they wear heart monitors. Ms. Martin also has great concern for off-gassing from the business. The chemicals used at the business are known to cause cancer. Ms. Martin stated that PDI is not using filters or stacks as required. She also stated that sealed booths were not used to protect the employees which resulted in four violations from DEQ.
Ms. Martin also has concerns about the use of Pot Hole Rd and Maverick Lane. They are not permitted and ITD will not permit for commercial use due to public safety concerns. Ms. Martin stated that PDI engaged in gross negligence and has no regard for the safety of others or the surrounding property. She requests that the Commissioners deny the permit due to his gross negligence and disregard for others.
Chairman Bertling called for questions from Commissioners to Ms. Martin.
Commissioner Robertson asked because of the health concerns due to their past and current activities, if a DEQ approved ventilation systems were in place to prove that it was safe, would that satisfy your concerns. Ms. Martin stated no. Nelson Mast has expanded without permits, blames others and avoids following the law. Ms. Martin stated that he does not take accountability for his actions.
Ms. Martin stated no. If the permit were approved, she feels Mr. Mast would have to be monitored because he can’t be trusted based on his past behavior.
Commissioners had no further questions for Ms. Martin.
Jeffery Steinborn spoke second. Mr. Steinborn lives just south of PDI and has observed the off-gassing from the business. Mr. Steinborn feels the reports from DEQ are misleading because they do not check for air quality. The business is no longer a mom and pop business, it is an industrial site with no oversight. Three people and many trees on that side of the building have died. Mr. Steinborn feels the business does not belong in an agricultural/forestry area.
Chairman Bertling called for questions from the Commissioners to Mr. Steinborn. There were none.
David Dewberry spoke third. Mr. Dewberry stated that the business has a history of violations. Mr. Mast treats the area as his private industrial park at the expense of neighboring property. Mr. Dewberry stated that PDI as refused to follow zoning, highway and safety laws to protect the public and has threatened to move the business out of the county which creates animosity between employees and neighbors. Mr. Dewberry stated that Mr. Mast maximizes profits at the expense of neighbors. PDI has made false statements about their business and plead ignorance to the laws and facts when held to account for their actions. Mr. Dewberry expressed his concern over their resistance to be compliant only when there are no other options.
Chairman Bertling called for questions from the Commissioners to Mr. Dewberry. There were none.
Chairman Bertling called for the original applicant to present. Nelson Mast stated that when he purchased the property and business in 2018 it had 40 employees. He has made a lot of improvements since then. He feels a lot of the concerns that have been voiced they have addressed and they have continued to make improvements as they have gone along. Mr. Mast feels they have always done whatever was needed to become compliant with any issues.
Mr. Mast agrees with Don Jordan, that the road is over used. ITD initially told him he would not be able to get his own approach. However, ITD has changed their position and will now give them their own access so he is working with an engineer.
Mr. Mast wanted to address the issues of air quality. He said they have had some violations with DEQ, but he wanted to point out that they have never been for air quality. Mr. Mast stated that the products that are used are conversion varnish which most cabinet shops utilize. If you have a kitchen in your home, it probably has these products and they are applied to DEQ standards.
Mr. Mast also wanted to address the statement that they do no use filters. He said that was not correct and he had a letter from DEQ from June or July that stated his spray booths used filters. He stated that DEQ continues to monitor the business and PDI continues to follow their requirements.
Mr. Mast wanted to also address dumping of materials. All solvents and varnish are put into 50-gallon drums which are picked up by a company in Spokane and disposed of off-site.
Mr. Mast also addressed the noise comments. He stated that they have doubled the number of employees and square footage, but he feels the noise level has not gone up. He measured the noise recently and it was at 50 disciples and you can hear the highway noise over his business.
Mr. Mast also addressed the dumping of trade waste. He stated that when he purchased the business the trade waste was dumped and burned. Mr. Mast stated that DEQ required PDI to purchase a chipper so that all trade waste is now chipped and it is then trucked off site. There was some trade waste on an adjoining property and Mr. Mast stated that they brought in a chipper for that as well.
Chairman Bertling called for questions from Commissioners to Mr. Mast.
Commissioner Robertson asked about the protentional for more sound dampening. Mr. Mast replied I don’t think so, but we can take a look at it. Mr. Mast feels that if the neighbors feel it is too loud, then all businesses in the county are at risk and named some other businesses. Mr. Mast feels he does meet the requirements for sound. The noise we are producing is not obnoxious and they are well below the County’s ordinance.
Commissioner Robertson stated that other businesses Mr. Mast mentioned, probably went through the proper process.
Commissioner Cossairt asked how do you measure disciples. Mr. Mast stated that they purchased a device to measure them.
Commissioner Cossairt asked how far away are you when you measure. Mr. Mast answered 100 feet and at the property line.
Commissioner Robertson asked if Mr. Mast had measured at the nearest property line. Mr. Mast stated no. They have added a bag house to help with air quality and noise.
Chairman Bertling asked if Mr. Mast lives on the property. Mr. Mast responded that he did not.
Chairman Bertling asked if employees wear masks. Mr. Mast responded that some do and then explained their filter system and how it pulls the fumes away from the employee.
Chairman Bertling commented that the Naples Mill was zoned for industrial use.
The Commissioners had no further questions for Mr. Mast.
Chairman Bertling called for those who wish to testify in favor of the appeal.
John Poland stated that he was around when the first permit was issued and he feels the committee overlooked use permits at that time. Mr. Poland stated that there are two main factors that need to be considered – do the neighbors want the use and does it fit. Mr. Poland feels they do not fit the area it is zoned for and the neighbors don’t want it. Their property values have been reduced and the County should be looking out for them.
Emma Dominguez stated that this has to do with damage to surrounding property and residents. She feels it is dangerous and that is why so many requirements are being placed on the business.
Nicholas Dominguez stated that his family has suffered. He feels that if the fire chief cares about his employees we should listen to him.
Jerry Higgs had two concerns. His first concern was a pile of sawdust he witnessed being pushed with an excavator and buried. Mr. Higgs feels it probably included toxic chemicals. His second concern was that the fire chief would not send his crew if they have a fire. Mr. Higgs stated that he was on the committee to come up with the comprehensive plan. It took the Commissioners at that time three years to take action because they gutted the plan. The end result is that Boundary County became a magnet for people to avoid following the law.
Jerry Atkins lives north of the business, just outside of the area for notice for the hearing. He was informed that there would be a limited number of employees and the business would not run late. There are a large number of employees, several have straight pipes which cause loud noise when they travel to and from work. So loud, he cannot sleep. The business also runs very late and he can hear it from his home. Mr. Atkins is also concerned about the five gully’s that run from the PDI property toward his. Mr. Atkins feels access to the highway is very dangerous.
Kathy Konek stated that she and her husband can hear the business from their home ¾ mile up the road. She asked what will hold him accountable to follow the restrictions that are put on him.
Commissioner Robertson asked for a brief break. The hearing resumed a few minutes later.
Civil Attorney, Bill Wilson explained that Commissioner Cossairt had one conversation off the record during the break. Commissioner Cossairt stated that he asked Panhandle Health if they could check paint fumes and their answer was that they could not.
Chairman Bertling called for those who wish to testify as neutral.
Adrienne Norris stated that she has been attending board meetings for several years. She wants the Commissioners to look at the growth and get an assessment from an engineer. Ms. Norris feels that codes and zoning are all behind and we can’t keep kicking the can down the road. She feels that Boundary County prioritizes commercial over residential which causes these types of issues. She would like to see changes to the comprehensive plan to address these issues in the next year or two.
Commissioner Robertson asked the Chairman if we could keep the testimony specific to the SUP. Chairman Bertling responded yes.
Fire Commissioner for Paradise Valley Fire, Andrew O’Neel, stated he wanted to clarify the comments made about Paradise Valley Fire not responding if there was a fire. Mr. O’Neel stated that they would respond to a fire, PDI pays taxes and they are required to respond. The chief’s concern is the chemicals that are in the building and toxic fumes that would be in the building if there was a fire. If the main building was on fire, it would be very unlikely that they would go in and engage that fire due to the chemicals inside. If the fire is external there is no problem. Mr. O’Neel again stated that they would respond to a fire at the location for the record.
Dan McCracken with Idaho DEQ wanted to clarify comments made about DEQ’s regulations and their involvement. He has received several complaints over the last year or so. They have responded and done investigations into those complaints. There have been multiple violations at the facility. All of those things for the most part are part of their normal process and they have worked with the business to help them become compliant. In particular the air quality program is where they have had the largest number of violations. The facility provides what products, and processes are and DEQ writes the permit for the facility. The size of the facility does not require an air monitor and an inspection is required once every five years.
Commissioner Robertson asked what does air monitoring testing consist of. Mr. McCracken responded that businesses have equipment on site that monitors it.
Commissioner Robertson asked if PDI’s violations are taken care of or not. Mr. McCracken responded that violations are ongoing and will require action to get into compliance. Some of them might take more than a year.
Commissioner Robertson asked if any of the violations relate to a health hazard. Mr. McCracken responded that DEQ is not able to comment on that.
Chairman Bertling called for those who wish to testify against the appeal.
Jennifer Krezman works for PDI in the paint store and her son is in the finish. She stated that Mr. Mast has never threatened to move the business out of the county. She feels safe, she is not sick and has never witnessed anyone who is sick. There have also been several pregnancies which delivered healthy babies. She has witnessed animals and green foliage around the facility so it is not toxic. She has never witnessed anyone dump chemicals and Mr. Mast has provided safety equipment to anyone who has requested it.
Devyn Rogers works at PDI and wanted to address Fire Chief’s comments. Mr. Rogers feels it is a failure of his duties and it needs to be addressed. He commented that there is no loud noise, and that he could recently hear a drone above the shop and he can also hear the highway noise. Mr. Rogers feels they are the best people to work for and they are doing everything in their power to appease everyone.
Aaron Miller works at Panhandle Door as an Operations Manager. He has been employed there for 5 years. Since Mr. Miller has been with PDI, there have been a lot of cleanup and improvements. Piles that were there previously are now removed. Time is spent each morning gathering 70-80 employees discussing many things including safety. They are doing their best to not be neglectful.
Vern Helmuth stated that spray booths have additional filters added so that they are going above and beyond trying to do their very best for everyone.
Kyle Brisben has worked several years in the finish department. He stated that there is no dumping on the grounds, and at no time have there not been any filters. They are constantly trying to appease the neighbors. They do everything that is asked of them from DEQ. Mr. Mast is constantly supplying safety equipment for employees.
Leah Van Ray has been an employee for over a year. She stated that PDI has done dust abatement for the lot and Pot Hole Rd. They also provide plowing, sanding and road maintenance of Pot Hole Rd. The leftover materials are picked up by Safety Clean and properly dispose of. Hardwoods are untreated wood, there is no formaldehyde in them. Idaho Transportation Department brought in fill dirt from road construction projects.
Dayton Skrivseth stated that Mr. Mast is his friend. Mr. Skrivseth has seen him working hard to take care of issues and working with employees to make it better. He feels looking at the future is important for both sides. There is a lot to be gained by working together. He asked the Commissioners to not make a hasty decision.
Chairman Bertling asked if there were any questions from the Commissioners.
Commissioner Robertson stated that Mr. McCracken said that DEQ doesn’t shut down businesses. I would like to ask if there is any chance you will shut a business down. Mr. McCracken stated that the most they could do is fine them $10,000 per day which could potentially shut them down.
Commissioner Robertson asked if that fine is through the court system or does DEQ fine them directly. Mr. McCracken responded that the process is to inspect, notify, and agree on a mutual schedule. If that is agreed upon, they develop a compliance agreement and a consent order. If they can’t agree it moves to a civil action through the court.
Commissioner Robertson asked if the current violations are escalating to that level. Mr. McCracken responded that at this time, he didn’t see any reason the violations can’t be resolved.
Chair called for original applicant to present a rebuttal to public testimony.
Nelson Mast stated that he didn’t realize DEQ would be here and he was glad that they were. There are a lot of allegations, but PDI has never seen any proof of toxicity. All products are being applied according to DEQ and manufacturer’s instructions. Mr. Mast does care a great deal for his employees and he has factored in some growth into his numbers. Some systems have moved to a more automated process, so he doesn’t see the employee numbers changing much. There were some minor violations, but nothing that was concerning. Mr. Mast stated that there is no evidence to support the claims. Mr. Mast also stated that he wanted to address Commissioner Robertson’s question on noise. He stated that if there was a way to reduce the noise further, he would be happy to.
Chair called for appellants to present a rebuttal.
Dave Dewberry went first. He stated that they have evidence for everything that we are claiming. I am not here to slander anyone. Mr. Dewberry stated that they have eye witnesses, photos and binders as evidence. What we don’t have is a legal team. DEQ does not take into account that a home is 100 feet from the facility. Mr. Dewberry feels if a special use permit is required it should not be permitted. If a fire were to happen he has concerns for neighbors that will breath the fumes.
Kelli Martin spoke next. Ms. Martin stated that she paid to have the property line marked. She also has a monitor in the house that is constantly alerting her to issues. Panhandle Door cut down the trees between her home and their business so she can now see directly into their paint room. Ms. Martin stated that health care workers quit due to the smell from PDI and her parents and brother-in-law have all died living there. Ms. Martin has grave concerns about the off-gassing and feels the business needs to move an industrial area.
Don Jordan spoke next. Mr. Jordan wanted to say thank you and to remind the Commissioners that a proper filtration system is needed. Mr. Jordan feels the quality in the paint room could be a whole lot better. This issue never should have happened and it shines a light on the P&Z structure that the County has.
Chairman Bertling called for any clarifying questions from Commissioners to original applicant or appellants. There were none. Chairman Bertling closed the hearing and called for deliberation.
Commissioner Robertson stated that he is not qualified to say whether there are potential hazards which may or may not exist. Therefore, he cannot determine whether there is a violation of Boundary County P&Z code 7.7.8 as presented. We need to table to gather more information and get an air sampling.
Clare Marley stated that if you are moving to table, you will need a date, time and place to reconvene.
Civil Attorney, Bill Wilson also state that if you move to table it is helpful to identify the information you are seeking so you can be more targeted in your focus to help you reach a decision.
Chairman Bertling stated that he would like more information from ITD on an access point.
Commissioner Robertson stated that if I were to table, it would be to test for hazards, test for air quality and further clarification from ITD for a new access.
There was discussion amongst the Commissioners on a location and date.
Commissioner Robertson moved to continue the hearing on November 6th at 6:30 p.m. at the Bonners Ferry High School auditorium for clarification on ventilation hazards, tests for air quality and clarification from ITD on new access. Commissioner Cossairt seconded. Motion passed unanimously.
The hearing ended at 9:02 p.m.
s/________________________________
TIM BERTLING, Chairman
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
By: Stephanie Sims, Deputy Clerk