Commissioners' Meeting Minutes - Week of April 15, 2024

***Monday, April 15, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., University of Idaho Boundary County 4H Program Coordinator Debbie Higgins joined the meeting. Ms. Higgins informed Commissioners that the family fun night committee has added a new event where people from various agencies compete in different timed events, such as run a race, stack hay, move feed in a wheel barrow, chop wood, etc. So far, both the Paradise Valley Fire District and South Boundary Fire District are putting forth three men. Ms. Higgins asked commissioners if they would participate and she asked them to think about it. Ms. Higgins said the committee has not yet opened up the competition to the general community yet and she further explained the details of the competition.

The meeting with Ms. Higgins ended at 9:05 a.m.

9:10 a.m., County Civil Attorney Bill Wilson joined the meeting to update Commissioners on various matters. 9:38 a.m., Personnel Director Pam Barton joined the meeting at Commissioners’ request.

9:40 a.m., Attorney Wilson and Ms. Barton left the meeting.

Commissioner Cossairt moved to reappoint Mark Weber and Bob Blanford to the Airport Advisory Board with terms to expire February 2027. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2024-26. A resolution regarding the initiation of validation proceedings for a portion of Labrosse Hill Road/Street. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-26 reads as follows:

RESOLUTION NO. 2024-26

INITIATION OF VALIDATION PROCEEDINGS FOR A PORTION OF LABROSSE HILL ROAD/STREET

WHEREAS, Labrosse Hill Road/Street is a road located in Boundary County, Idaho; and

WHEREAS, doubt exists as to the legal establishment or evidence of a public right-of-way across Labrosse Hill Road/Street, specifically regarding the nature and extent of public use and maintenance of that road; and

WHEREAS, Idaho Code § 40-203A(1) authorizes the Boundary County Board of Commissioners to initiate validation proceedings upon their own resolution;

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Boundary County, Idaho, that Boundary County shall commence validation proceedings regarding Labrosse Hill Road/Street.

BE IT FURTHER RESOLVED, that Boundary County shall cause Labrosse Hill Road/Street to be surveyed as determined by staff, paying particular attention to that portion of the road currently benefitting from public maintenance.

BE IT FURTHER RESOLVED, that Boundary County shall cause a report to be prepared regarding that portion of Labrosse Hill Road/Street, including consideration of said survey and any other information required by the Board of County Commissioners.

BE IT FURTHER RESOLVED, that Boundary County shall establish a hearing date for proceedings on validation, provide legal notice for said hearing, and at the hearing, consider all information related thereto, including acceptance of testimony from persons having an interest in the proposed validation.

ADOPTED as a Resolution of the Board of Commissioners of Boundary County, Idaho, upon a majority vote, this 15th day of April 2024.

BOARD OF BOUNDARY COUNTY
COMMISSIONERS
s/______________________________
TIM BERTLING, Chairman
s/_______________________________
WALLY COSSAIRT, Commissioner
s/_______________________________
BEN ROBERTSON, Commissioner
ATTEST:
s/___________________________________
GLENDA POSTON, Clerk/Recorder
Boundary County
Recorded as instrument #296835

Commissioner Cossairt moved to approve the Certificate of Residency of Rachel Stella and Hanna Franck. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to approve the catering permit for Tipsy Gypsy for a Mountain Mafia event. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to approve and sign the Contractor for Hazardous Fuels Treatment Wildfire Mitigation Activities with Elite Timber Cutting LLC. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to approve the minutes for the weeks of April 1, 2024 and April 8, 2024. Commissioner Robertson second. Motion passed unanimously.

9:56 a.m., Boundary Ambulance Service Chief Jeff Lindsey joined the meeting at 9:56 a.m.

10:00 a.m., Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to approve minutes of March 18, 2024. Commissioner Robertson second. Motion passed unanimously.

Chief Lindsey explained wanting to have had the ambulance crew and the new ambulance here for the meeting, but they were on a call, so he will plan on that for the next meeting. Chief Lindsey added that he will update commissioners on the new ambulance unit and explain what has been spent for ambulance service using county and ARPA funding.

Chief Lindsey said Boundary Ambulance Service is looking for another medical director for the ambulance service and he explained what the role of the medical director entails. Boundary Ambulance Service is now officially fully staffed since hiring another paramedic. Commissioners asked how many interfacility transfers Boundary Ambulance does and Chief Lindsey said generally they do 15 to 20 interfacility transfer calls per month.

Chief Lindsey left the meeting.

10:06 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service Governing Board and reconvene as the Boundary County Board of Commissioners. Commissioner Robertson second. Motion passed unanimously.

10:16 a.m., Personnel Director Pam Barton joined the meeting briefly at Commissioners’ request. Ms. Barton left the meeting.

10:25 a.m., Kootenai Tribe of Idaho Administrative Director/Kootenai Valley Resource Initiative (KVRI) Facilitator Theresa Wheat joined the meeting to update commissioners on what the topics of discussion will be for this evening’s KVRI meeting as well as other updates.

10:31 a.m., Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting via conference call. Those present discussed an upcoming field trip scheduled for the KVRI group and the Forest Service, as well as discuss the Boundary County Soil Conservation District farm tour on May 31, 2024.

Chairman Bertling asked Mr. Knauth if Trout Creek is going to be open all of the way up to the trail head and Mr. Knauth said it’s been open for approximately two months now. There are about six miles until you get to the wash out at English Creek. Mr. Knauth spoke of the Katkee fuels field day and taking a look at those areas where funding has come through for work on private lands. The scoping for this project was finished on March 2nd. A lot of comments from certain groups were expected. Mr. Knauth said he thinks it will be May for the draft environmental assessment for public comment and those comments can be sent to the district. Mr. Knauth spoke of scoping, pre-commercial thinning, National Environmental Protection Act (NEPA), and harvest.

The meeting with Ms. Wheat and Mr. Knauth ended at 10:56 a.m.

Personnel Director Pam Barton joined the meeting.

11:00 a.m., Commissioner Robertson moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 11:10 a.m. No action was taken.

Ms. Barton left the meeting.

11:30 a.m., Property owner David Winn joined the meeting. Planning and Zoning Administrator Ben Jones also joined the meeting.

Mr. Winn asked commissioners who has more authority, the Planning and Zoning Commission or county commissioners? Chairman Bertling explained that commissioners do. Mr. Winn said he’s trying to get a second home built off of 2.25 acres on Zimmerman Road, but he’s running into all kinds of bureaucratic things. Mr. Winn said he got JRS Surveying about ready to survey off a 1-acre parcel and they told him he needed 2.5-acres to do that. Three Mile Water District is at least one year out for a second water hookup and Mr. Winn said he did apply for that, but he cannot start building a new house until he has evidence of water. Planning and Zoning wants a will-serve letter from Three Mile Water District, but they don’t issue those anymore. Mr. Winn added that Mr. Jones agreed that a statement from Three Mile Water District stating that this property lies within their district will be sufficient, so JRS Surveying will survey the one-acre piece. Mr. Winn questioned, if he doesn’t start building a home for a couple of years, is he going to be grandfathered in or are rules going to change? Chairman Bertling said he might need to get an extension on his placement permit since there is a one-year timeline on those permits. Mr. Winn said if he can build a second home, he’s not selling the other parcel, but he might want to sell the house he is in now and JRS Surveying is stating that they need to do an easement for their survey for the water, gas, electrical that goes to his house and the county road and he questions why. Chairman Bertling said it will save Mr. Winn money to get it done, because if he doesn’t do it now, he will have to have another survey done later on. Mr. Win asked if legally, does he have to have those easements while he has the house? Chairman Bertling said he thinks so. Mr. Winn, said even though the survey is done and he still owns everything, he doesn’t know why he has to have easements surveyed in. There is the possibility that he may never build. Mr. Winn explained that he wants to build a new house in front of his current house and it will be closer to Zimmerman Road. Those present reviewed an aerial map. Commissioner Cossairt said he thinks he has to have the survey done, because he’s creating two parcels and one would be landlocked. Mr. Winn said, but he’s still the owner. Commissioner Cossairt said he still thinks the easements have to be done. Chairman Bertling explained that if Mr. Winn is no longer there and the lots had to be sold, one would be landlocked. Mr. Winn said he’s not sure how much it will cost for the easements and he questioned if he can still build, if he has the surveys done, but doesn’t build for one year or so.

Mr. Winn and Commissioners discussed the cost of permits for the county and Panhandle Health District.

The meeting with Mr. Winn and Mr. Jones ended at 11:40 a.m.

Commissioners recessed for lunch at noon.

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 Brad Barton and Road and Bridge Assistant Adam Ryals joined the meeting to give a department report. Those present discussed matters pertaining to the crusher.

Mr. Barton reviewed the written department report. Those present discussed training courses coming up for Road and Bridge employees and what determines which employees will attend. Those present discussed the McArthur Lake Road wildlife crossing cattle guards and approach concerns with the Idaho Transportation Department (ITD). A meeting is to be held with ITD this Wednesday.

Ms. Nelson spoke of Epic Land Solutions and appraisals in relation to the Riverside Road Improvement project.

Commissioner Robertson moved to sign the EPIC Land Solutions amendment for acquisition, negotiation, appraisal services and associated documents, pending review by the county civil attorney, and to request Epic Land Solutions draft the amendment. Commissioner Cossairt second. Motion passed unanimously.

Mr. Ryals explained having talked to Roger Morter about purchasing replacement fencing and Mr. Morter said he that he really didn’t want the fence as much as he would like more rock for this road. Ms. Nelson said she had a good conversation with Mr. Morter. Mr. Morter just wants to talk to Road and Bridge about where the rock is needed, since he knows where the road is soft.

Ms. Nelson mentioned time needed for legal counsel review and Commissioners will schedule a meeting with both Road and Bridge and the county civil attorney.

The meeting with Road and Bridge ended at 2:07 p.m.

2:10 p.m., Members of the Boundary County Tennis Association and 9B Pickleball joined the meeting to discuss the courts with Commissioners. Present were: Commissioners, Kim Kees, Gary Kees, Carey Cox, Arlyn Thurber, Tony Escalante, Nina Nofire, April Becker, Francis Danielek Parks and Recreation Board member Tim Dougherty, Caroline Marshall, Sharon Helms, Jenni Dougherty, Karen Armstrong, Penny Escalante, Ted Ludlum, Stephanie Alexander, and Roger Doucet.

It was said the two groups are looking to fix the courts and they’re actively fundraising and have raised $9,000.00. They thought the tennis courts project was going to go through, then learned it wasn’t, so they’re just here to find out what they can do to go forward. Ms. Becker said there are a lot of people interested in pickleball and tennis and she explained having started a school-related tennis club in September 2023, and there were 20 to 30 students and 10 to 12 who are very regular. It’s exciting to see interest. Ms. Becker discussed having spoken to the high school about forming a tennis team and she mentioned six kids are going to Sandpoint to participate in a tournament this week. As far as eventually having a tennis team and hosting games, the county will need to have three courts and the group said they’re willing to do fundraising.

Ms. Kees introduced herself as the secretary of 9B Pickleball and she informed Commissioners it’s the fasted growing sport. They currently play pickleball in the middle school gym and they’re getting quite a large group, so they can only maintain a certain number of people with limited time and space. They’re very interested in outdoor courts and they’ve been working with the Tennis Association as a collaborating group. Through the Parks and Recreation Department, they did obtain some plans for the courts. Last year they thought the project was going to go through, but learned it was rejected and were curious as to why. The community is interested, so they want to help commissioners and the county get the new courts built.

Mr. Ludlum said tennis is a great life time sport and its good exercise. Mr. Ludlum added that his doctor says to play tennis as long as he can. The senior citizens group at his church are also interested. The more people talk about it and if facilities are available, those facilities will be used. Mr. Ludlum added that it would be a good thing and be an investment for the community and people. Ms. Cox explained seeing three young families playing on the courts with their young kids. A lot of young families come down and have fun, so it’s a broad age range.

It was said that pickleball now has a collegiate league and it can lead to scholarships. It was explained that the tennis courts would need to be separate from pickleball.

Mr. Kees explained that he is the president of 9B Pickleball and he said that some details were missed on the initial plans for the courts, but overall it was well put together. Mr. Kees said there is a void involving youth and summer time, and being a pickleball club they can’t really have kids playing under their insurance coverage, so outdoor courts would be great for that. Ms. Kees spoke of teaching the kids and introducing pickleball to them.

Commissioner Robertson commented on the low bid amount for the tennis/pickleball court project being approximately $399,000.00. Ms. Kees said she thought there was $500,000.00 available for this project, because commissioners were using the money from the bathrooms and putting it toward the courts, but they didn’t know if they were misinformed, etc. A member of the group talked about grants and grant writing and mentioned they would like to help. They had heard about in-kind matches for grants, but didn’t know how that works. Commissioner Cossairt explained the misunderstanding in that the $500,000.00 was the low bid for the Parks and Recreation bathroom project, so there was no budget of $500,000.00. Commissioner Robertson said the Parks and Recreation Board members were at the bid opening and he spoke of having attended a Parks and Recreation Board meeting as well. Chairman Bertling mentioned the bid amount of $500,000.00 and he explained that was reduced from the higher bids submitted totaling $800,000.00 to $900,000.00 for the restroom project. Commissioner Robertson said the biggest priority is still the bathrooms. Commissioner Robertson added that the county has spent quite a bit and has invested back into the parks this last year with the purchase of a piece of property across the river and a new well was installed down at the fairground property. Chairman Bertling said there are other things that will hopefully free up more funds. Commissioner Robertson said there was $465,000.00 budgeted in the Parks and Recreation budget, but that was used up for the architectural drawings for plans, but he doesn’t remember the exact cost at the moment.

Commissioner Robertson said commissioners have other irons in the fire and at the very least would be to have seed money and/or matching funds. A member of the group said she heard there is a grant writing company the county works with and Commissioner Robertson said he’s assuming that is Panhandle Area Council. Commissioner Robertson explained there was a specific grant program, but the county didn’t qualify based on the community’s income. Commissioner Robertson suggested the group talk with the Parks and Recreation Board and then get back to Commissioners.

Mr. Dougherty informed Commissioners that the Parks Board suggested the Tennis Association and 9B Pickleball meet with Commissioners because they had told them all they knew about cost overruns and last time courts were updated. Parks and Recreation said to make a presentation to Commissioners, ask the questions and get answers. Mr. Dougherty added that it’s inflation that will eat this project alive. The first repair work was done in year 2007 by the county and it was done so at the request of the State of Idaho Parks and Recreation Department, because of the poor condition and the courts had received a failing grade. The courts had been funded by a state grant. Commissioner Cossairt asked what the time frame is for maintenance and Mr. Dougherty said there have been two major repairs since 2007. The cracks were filled, taped and then resurfaced. Mr. Dougherty said leveling the courts and repainting them will probably cost $40,000.00. Mr. Dougherty said the Tennis Association has spoken of the maintenance they do and what they have funded. Mr. Dougherty explained work that both the Parks and Recreation Board has funded and built, as well as what work and projects were funded by the Tennis Association. The group does a lot of in-kind maintenance.

Ms. Kees said the plans call for asphalt, but we may want to look at concrete. Mr. Kees said concrete will last longer, but it will cost more initially. Concrete won’t crack and separate. Commissioner Cossairt said 40 or 50 years ago a maintenance fund should have been started. Mr. Kees asked when is a good time to look into budgeting. Commissioner Robertson said having the plans drawn is a huge step. Mr. Dougherty said next month the Parks and Recreation Board is submitting its budget to the county for the fiscal year 2024-2025 budget.

The meeting with the Boundary County Tennis Association and 9B Pickleball ended at 2:52 p.m.

Commissioner Robertson moved to approve the New Private Road Name Request Form for Sturgeon Loop Road. Commissioner Cossairt second. Motion passed unanimously.

There being no further business, the meeting adjourned at 3:15 p.m.

_______________________________
TIM BERTLING, Chairman

ATTEST:

___________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Wednesday, April 24, 2024 - 19:00
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