***Monday, June 23, 2025 at 9:00 a.m., Commissioners met in regular session with Chairman Ben Robertson, Commissioner Tim Bertling (by phone), Commissioner Lester Pinkerton, Clerk Glenda Poston, and Deputy Clerk Stephanie Sims.
Commissioners said the Pledge of Allegiance.
Samantha Wallis entered the meeting at 8:53 a.m.
Sgt. M. Valenzuela entered the meeting at 8:57 a.m.
Sgt. Valenzuela stated that they were awarded a $40,000 grant from the Idaho Department of Agriculture for the boat check station to assist with overtime hours from June through September. He presented the Commissioners with the MOA for their review.
Commissioner Pinkerton moved to sign the MOA with the Idaho State Department of Agriculture. Commissioner Bertling second. Motion passed unanimously.
Ms. Poston asked if it was a flat amount or reimbursement. Sgt. Valenzuela answered that it was reimbursement for overtime hours.
The meeting with Sgt. Valenzuela ended at 9:05 a.m. and he left the meeting.
Ms. Poston reviewed Road & Bridge figures with Commissioners for their meetings later in the day.
Ms. Wallis and Ms. Poston left the meeting at 9:10 a.m.
Greg Lamberty entered the meeting at 9:11 a.m.
Personnel Director Pam Barton entered the meeting at 9:21 a.m. and shared flow charts for Road & Bridge current and proposed positions.
Commissioners reviewed the information provided and discussed the idea of eliminating two full-time, open positions and rolling the budgeted amounts for those positions into the mechanic, supervisors and equipment operators salaries to help with the wage gap.
At 9:28 a.m. Mr. Barton and Road & Bridge Assistant Superintendent Adam Ryals entered the meeting and Commissioners reviewed the figures with them stating that they would remove two of the full-time open equipment operator positions which would allow the rate to be increased by $3.25/hr. for the positions discussed. This would also replace the $2 increase for the mechanic and supervisor position that was discussed the previous week. Mr. Barton and Mr. Ryals agreed to the increase.
Chairman Robertson stepped down as chair and moved to increase the Road & Bridge Mechanic, Supervisors and Equipment Operator positions by an additional $3.25/hr effective June 26, 2025. Commissioner Pinkerton second. Motion passed unanimously.
Chairman Robertson stepped down as chair to move to sign the Commissioner meeting minutes from the week of June 16th. Commissioner Pinkerton second. Motion passed unanimously.
Civil Attorney Bill Wilson entered the meeting at 9:37 a.m.
Mr. Wilson stated that there are a couple personnel issues he has been working on. In addition, there was a question of administrative access to the computer system. Mr. Wilson stated that he will contact the Sheriff’s office to discuss that with them.
Commissioners stated that they had a conversation with the Sheriff last week, and believe the issue has been resolved.
Mr. Wilson left the meeting at 9:45 a.m.
Commissioner Pinkerton moved to sign the Quitclaim Deed K0713 / A1390 Old 95 Transfer. Commissioner Bertling second. Motion passed unanimously.
HMH Engineer Justin Shaw entered the meeting at 9:47 a.m.
Ms. Barton left the meeting at 9:50 a.m.
Commissioner Robertson stepped down as chair to sign Independent Contractor Agreement with Forerunner Enterprises. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Pinkerton moved to sign the Runway Rehab/Shift (Phase I Design) - AIP Grant Application. Commissioner Bertling second. Motion passed unanimously.
Commissioner Pinkerton moved to sign the New Private Road Name Request Form for Running Deer Lane. Commissioner Bertling second. Motion passed unanimously.
Commissioner Pinkerton moved to sign Resolution 2025-29 to Increase the Justice Fund Sheriff Budget Due to Receipt of Unanticipated Funds. Commissioner Bertling second. Motion passed unanimously.
RESOLUTION 2025-29
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 $37,420.50 from the Idaho Office of Emergency Management #70000356 and 357, 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 In the Amount of
0008-00-0340-0000 0008-02-0801-0000 $37,420.50
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 23rd day of June 2025.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_____________________________
Ben Robertson, Chairman
s/______________________________
Lester Pinkerton, Commissioner
s/______________________________
Tim Bertling, Commissioner
ATTEST:
s/ ______
Glenda Poston, Clerk of the Board of County Commissioners
Recorded Instrument #300268
Commissioner Pinkerton moved to sign the Professional Services Agreement with HMH LLC., for the Rural Community Development project. Commissioner Bertling second. Motion passed unanimously.
Mr. Lamberty left the meeting at 10:00 a.m.
Mr. Shaw provided Commissioners with a map of the proposed projects included in the transportation plan. He stated that he would like to have annual meetings to go over the projects and update the plan as a living document to add or remove projects as needed.
Commissioners discussed various projects within the plan and Mr. Shaw provided details on the projects they had questions on.
Mr. Shaw stated that they held one meeting at Road & Bridge that was lightly attended by the public. They will need to get more involvement and suggested another meeting at a future date.
The meeting with Mr. Shaw ended at 10:35 a.m. and he left the meeting. Mr. Ryals and Mr. Barton also left the meeting.
Prosecutor Andrakay Pluid, Board of Community Guardians Chair Gini Woodward and board member Tamina Boonisar entered the meeting at 10:37 a.m.
Ms. Pluid stated that in the past the Board of Community Guardians has not had a lot of need. However, that has changed considerably in the last year with five requests for assistance. There have been some changes with the statutes so there are some areas that need to be brought into compliance if the Board of Commissioners chose to continue with Community Guardianship. Ms. Pluid also stated that they could choose to not have a board or consolidate with another county.
Commissioners agreed that there is a need and chose to move forward and Ms. Pluid reviewed the items that need to be changed. Ms. Pluid also stated that she is having trouble finding attorneys to serve pro-bono and suggested that they include something in the budget to help assist with that. It is possible that could be reimbursed by the individual, but that is unknown in the beginning.
Chairman Robertson asked how much Bonner County budgets. Ms. Pluid was not sure, but will find out.
Ms. Woodward stated that we need people who have a more professional level. Ms. Pluid added that it should be people with relevant medical, investment or financial experience.
Ms. Pluid stated that she will update the bylaws and have them ready for next week. She also stated that she would email the current board and ask them to attend the next Commissioners meeting if they want to continue. They can then find people for consideration to fill the open spots and she recommended running background checks on them. Ms. Woodward stated that she is willing to help train the new board members.
The meeting with Ms. Pluid, Ms. Woodward and Ms. Boonisar ended at 11:04 a.m. and they left the meeting.
At 11:05 a.m. Road & Bridge Superintendent Brad Barton, Assistant Superintendent Adam Ryals, Louis Maggie and Nancy Maggi entered the meeting. Ms. Maggie provided Commissioners with a copy of a letter from a former Road & Bridge Superintendent.
Mr. Maggi stated that when they installed the water line is when the problems started. The previous superintendent told him he didn’t need a culvert and so it should be grandfathered in.
Mr. Barton and Mr. Ryals shared photos with the Maggi’s showing standing water at their driveway. Mr. Ryals stated that the culvert will help move the water away from the County road.
Chairman Robertson stated that they needed time to digest this new information and that they would send a letter to them soon.
The meeting with Mr. and Mrs. Maggi ended at 11:15 a.m. and they left the meeting. Mr. Barton and Mr. Ryals also left the meeting.
Sheriff Travis Stolley and Personnel Director Pam Barton entered the meeting at 11:28 a.m.
Sheriff Stolley stated that the new backup system had arrived and was in the process of being set up. He also stated that Matt Hodges recommended replacing one of the computer systems for dispatch at this time and the cost for that would be $7002.69. A second system would then be replaced after October 1. Sheriff Stolley said he also checked into grants, but there is nothing available at this time.
Chairman Robertson stated that it is important to have this for dispatch. The reality is that you will be over budget in Computer Capital.
Sheriff Stolley stated that it would be roughly half that amount over budget.
Commissioner Pinkerton 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 filing a vacancy in an elective office or deliberations about staffing needs in general. Commissioner Bertling second. Commissioners voted as follows: Chairman Robertson “aye”, Commissioner Bertling “aye”, Commissioner Pinkerton “aye”. The executive session ended at 12:03 p.m. No action was taken.
Sheriff Stolley and Ms. Barton left the meeting at 12:04 p.m.
Commissioners recessed for lunch at 12:10 p.m.
At 1:30 p.m. Commissioners reconvened for the afternoon session with Chairman Ben Robertson, Commissioner Tim Bertling (by phone), Commissioner Lester Pinkerton, and Deputy Clerk Stephanie Sims.
Road & Bridge Assistant Superintendent Adam Ryals entered the meeting at 1:30 p.m. to give the Road & Bridge report. Mr. Ryals stated that they have done some sign work, durapatching and dust abatement. They have completed dust abatement in area 1 and are now in area 2. Brushing was also completed on Perkins Lake and they continue to crush and stockpile rock for future projects. They plan to move traffic counters, mow, attend their weekly meeting for the Sunrise Rd project and a BATT meeting is scheduled for later in the week.
Mr. Ryals then discussed the different change orders that he is expecting for the Sunrise Rd project. Commissioners agreed to allow Adam to sign the orders if it falls within the price of the project that was approved. Otherwise it should come to the Commissioners for approval.
Mr. Ryals stated that Road & Bridge has been paying the freight on private road signs and the need to pass that cost onto the private property owner requesting the sign. Mr. Ryals suggested that they order the signs from one company and factor in the cost that is set by the freight company. Commissioners agreed that was a reasonable solution.
Mr. Ryals also stated that he and Jason Jones were now Road Masters. Commissioners suggested a ceremony at a future date.
Personnel Director Pam Barton entered the meeting at 1:55 p.m.
Reporter, Ned Newton entered the meeting at 1:57 p.m. and asked if there had been any updates from the USFS. Commissioners replied no. Mr. Newton left the meeting at 2:00 p.m.
Chairman Robertson stepped down as chair and 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”.
At 2:20 p.m. Mr. Ryals and Chairman Robertson left the meeting.
The executive session ended at 2:25 p.m. Commissioner Pinkerton moved to proceed as directed. Commissioner Bertling second. Motion passed unanimously.
Ms. Barton left the meeting at 2:28 p.m.
Commissioner Robertson re-entered the meeting at 2:29 p.m.
Marvin Fenn with Idaho Transportation Department was unable to attend his scheduled meeting at 2:30 p.m.
Commissioner Bertling left the meeting at 2:35 p.m. and Commissioners attended to administrative duties.
At 3:00 p.m. Chairman Robertson and Commissioner Pinkerton visited the jail to complete the quarterly inspection.
Commissioners returned to their chambers at 4:03 p.m. and attended to administrative duties until they adjourned at 5:08 p.m.
Tuesday, June 24, 2025 Commissioners met in regular session with Chairman Ben Robertson, Commissioner Lester Pinkerton, and Deputy Clerk Stephanie Sims. Commissioner Bertling was absent due to illness.
At 2:00 p.m. Commissioners held a public hearing for FILE 25-0096, RURAL SUBDIVISION VIA SHORT PLAT, CJ FAMILY TRUST. Those in attendance were: Chairman Robertson, Commissioner Pinkerton, Deputy Clerk Stephanie Sims, P&Z Administrator Ben Jones, P&Z Staff Tess Vogel, P&Z staff Clare Marley (virtual), Road & Bridge Assistant Superintendent Adam Ryals, John Marquette with JRS Surveying, Coral Koberstein with JRS Surveying, Jim Bowen, Jared Mielke, Dan Strayer, Adrienne Norris, and minor child Norris. The hearing was recorded.
Chairman Robertson briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Ben Jones gave the staff report. Mr. Jones stated that the applicant is requesting preliminary plat approval of Sunset Ridge Estates to divide a 38.40-acre parcel into four (4) lots ranging between 7.33 acres and 10.47 acres in size. The parcel is located at 263 Birdpoint Road in the Rural Residential zone, which requires a 5-acre density minimum. The lots will use private wells and septic systems and is identified as Assessor’s Parcel RP63N01E230011A in Section 23 Township 63 North, Range 1 East, B.M. Chairman Robertson called for any questions from the Commission to staff. There were no questions.
Chairman Robertson called for the applicant to present. John Marquette with JRS Surveying stated that what Mr. Jones laid out was what was being proposed. He stated that there were no succinct problems with neighbors. Commissioners had no questions for the applicant.
Chairman Robertson asked for those who wish to testify in favor of the application. No one spoke.
Chairman Robertson asked if anyone would like to testify as uncommitted or neutral. Jim Bowen stated that the previous owner had the property surveyed and logged. The new property owner had the property surveyed again and the property line has now moved with one corner adjusting about 250 feet which has had a negative impact on him. Mr. Bowen stated that the new owner is going to work with him to get that corrected.
Commissioner Pinkerton asked if that could be rectified with the surveyor. Ms. Vogel responded that the applicant can comment during the rebuttal portion of the hearing.
There was no further testimony from the public as uncommitted/neutral.
Chairman Robertson asked for those who wish to testify in opposition to the application.
Daniel Strayer read an item he found on the internet about property boundaries. He stated he had lived there for 30 years and feels that if all participants have agreed on the boundaries - that is the law regardless of what the boundaries actually are. Mr. Stayer felt they should be grandfathered in and would like the property boundaries returned to where they were before the recent survey.
There were no further comments in opposition.
Chairman Robertson called for the applicant to present their rebuttal. Mr. Marquette stated that they found the existing markers from the earlier survey and stated that they were a couple feet off. The property owners could agree amongst themselves where the property line was, but involving attorneys and courts would be expensive to prove the point.
Commissioner Pinkerton asked if Mr. Marquette was a licensed surveyor. Mr. Marquette stated that he was, but retired about 6 weeks ago.
Commissioner Pinkerton asked if the survey was done prior to his retirement. Mr. Marquette stated yes, but the locations that were off were done by the previous company.
There were no further questions from Commissioners. Chairman Robertson called for deliberation.
Commissioner Pinkerton stated that he was satisfied with the boundaries because they were done by licensed surveyors. Chairman Robertson stated that he agreed, however he sympathized with landowners. Commissioners continued to work through their decision-making worksheet. Chairman Robertson called for a motion.
Commissioner Pinkerton moved, and Chair Robertson stepped down as Chair and seconded the motion, to approve the preliminary plat for Sunset Ridge Estates, a proposed rural subdivision, File #25-0096, and direct 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 written and based upon the reasoned statement as read into the record. This action does not result in a taking of private property.
The public hearing ended at 2:28 p.m.
At 2:30 p.m. Commissioners held a public hearing for FILE 25-0097, RURAL SUBDIVISION VIA SHORT PLAT, DAWSON LAKE ESTATES, LLC. Those in attendance were: Chairman Robertson, Commissioner Pinkerton, Deputy Clerk Stephanie Sims, Road & Bridge Assistant Superintendent Adam Ryals, P&Z Administrator Ben Jones, P&Z staff Tess Vogel and P&Z staff Clare Marley (virtual), Coral Koberstein with JRS Surveying, John Marquette with JRS Surveying, Adrienne Norris, minor child Norris, Tim Garcia, Robert Edmondson and Jennifer McLeish. The hearing was recorded.
Chairman Robertson briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Tess Vogel gave the staff report. Ms. Vogel stated that the applicant is requesting a preliminary plat approval of Dawson Lake Estates to divide two (2) parcels totaling 90.42 acres into nine (9), 10-acre lots. The parcel is located off USFS Road #2222 in the Agriculture/Forestry zone, which requires a 10-acre density minimum. The lots will use private wells and septic systems and are identified as Assessor’s Parcels RP63N02E306601A and RP63N02E309000A in Section 30, Township 63 North, Range 2 East, B.M.
Mr. Ryals reviewed Road & Bridge’s comments and photos for access. He stated that he had concerns about access because there wasn’t 300 feet for line of sight as required by Boundary County Road Standards.
Commissioner Pinkerton asked if that was the main access road into the property. Mr. Ryals answered yes.
Ms. Vogel continued with the staff report and stated that the private road name application was returned because the names requested were already in use. She also stated that there were two options per state code for sanitation. Ms. Vogel then discussed the comments from the USFS regarding limitations on the USFS road that accesses the property and their permit requirements for maintenance and plowing.
Commissioner Pinkerton asked clarifying questions about the map and access roads on the property owned by USFS and Fish & Wildlife and if documentation was needed from them regarding access. Ms. Vogel responded that Fish & Wildlife was included in the routing, but they did not submit any comments. She stated that the applicant would have pulled a title report which would include all associated easements. Both state and local code requires all easements referenced on the plat map.
Chairman Robertson asked if brushing would help with approach. Mr. Ryals answered that brushing would give you the triangle, but it would not give the minimum distance.
Commissioner Pinkerton asked if the approach can be moved. Mr. Ryals answered that would be very difficult. What you would gain in one direction you lose in the other direction. The property that accesses the county road is owned by USFS, so Mr. Ryals was not sure if moving the access would be allowed. He also stated that speeding by the public is also a big issue in that area which increases the danger.
Chairman Robertson asked if everyone followed the law, would it be sufficient. Mr. Ryals responded yes.
Commissioner Pinkerton asked if a dark line on an ariel photo in the staff report could be a stream. Ms. Vogel responded that it could be an intermittent stream.
There were no further questions for staff.
Chairman Robertson called for the applicant to present. John Marquette stated that the access road appears to be the most questionable item. Mr. Marquette stated that the deed grants a 60-foot easement and that timber and vegetation shall be removed to maintain safe site distance. It is also possible the road could shift slightly. Mr. Marquette also stated that the documents seem to state that Fish & Game was onboard.
Chairman Robertson asked if there was a finalized document from USFS that included signatures. Commissioner Pinkerton also questioned the document that was included because it showed it was a “draft” with no signatures. Mr. Marquette stated that he was assuming the signed document could be provided.
Chairman Robertson then called for testimony in favor of the application. Robert Edmondson co-applicant, stated that we should never assume the public is going to maintain the speed limit. He felt that perhaps additional signage would help mitigate that. He also stated that there is already a legal road there and if it was not safe it shouldn’t have been allowed to begin with. Mr. Edmondson stated that 9 of the 10 preliminary test holes for septic were good. Lastly, he also stated that they could form a homeowners association to simplify the permits with USFS.
Tim Garcia co-applicant, stated in regards to the Fish and Game consent question, it was his understanding that it fell under the USFS jurisdiction.
Chairman Robertson called for testimony from those who are neutral or uncommitted.
Ms. Norris provided a document and the first page was marked as exhibit A. She requested that recorded instrument number 153759 be added to the future record for the file and had concerns it was not referenced on lot 1. She stated that because it was a public road she accessed the property and it includes no trespassing and surveillance signs. She also had concerns for a well that was in close proximity to the easement road, a telephone line near the access road, and the current grade of the road.
Chairman Robertson called for testimony from those in opposition. No one spoke.
Chairman Robertson called for the applicant to present their rebuttal and closing statement. Mr. Marquette stated that they indicated the main access easement on the preliminary map and would be adding the other easement to the final plat map if the project was approved.
There were no further questions from the Commission.
Chairman Robertson closed the hearing to public testimony and called for deliberation. He then stated that we have an existing easement that grants property owners access. However, the traffic using that access will increase so we can require an improved and/or paved approach.
Commissioner Pinkerton stated that they are going to need to work on the sight distance.
Chairman Robertson reiterated that we can require an improved paved approach. As far as the easements beyond, we don’t generally mandate private roads.
Commissioner Pinkerton had concerns about the USFS agreement. He felt it was incomplete and in draft form. It also granted access to an individual and stated there is no reference to a subdivision. Commissioner Pinkerton stated he wanted clarification on the authority of the USFS agreement.
Clare Marley said you have the authority to approve, table, or deny. If you are saying no, the Commissioners need to go through the same process and include why in the reason statement.
Ms. Vogel asked if they want a finalized document from USFS. If you deny, the process will start over from the beginning. If you are wanting a finalized document from USFS you could also table the hearing and list what information you are needing to reach a decision. The hearing could then continue at a later time.
Commissioners continued with their decision-making worksheet and noted the areas of concern. Chairman Robertson called for a motion.
Commissioner Pinkerton moved to table or continue the hearing to allow applicant time to gather requested information including 1. a finalized USFS consent agreement which notes access to the proposed subdivision and 2. a revised preliminary plat to show all easements of record for the property. Testimony will be restricted to this required information only to allow further consideration for the proposal or to allow review of the proposal of written findings and decisions. Chairman Robertson stepped down as chair to second. Motion passed unanimously.
The public hearing ended at 3:31 p.m. and everyone left the meeting except for P&Z staff, P&Z Administrator and Adrienne Norris and minor Norris child.
Ms. Marley stated that they would like to have direction from the board in regards to the area of impact for the City of Moyie. So far there has been no response from them so the P&Z staff are unsure if there are changes that need to be implemented or if everything should stay the same.
Commissioners decided to send the City of Moyie a letter and include that if there is no response they will proceed with leaving everything the same.
Ms. Marley stated that the City of Bonners Ferry is requesting a small change and that should be done in about a month.
Chairman Robertson asked if we can implement our own requirements in this change. He stated he would like to see them pull back from the farm area in the valley. Ms. Marley stated that is something they are looking at.
Ms. Marley stated that the other item was that the P&Z Commission would like to hold a joint meeting with the board to discuss the priority list. She also reviewed the list from the P&Z Commission.
Commissioners agreed to a meeting and asked the P&Z Commission to send dates that would work for them.
Lastly, Commissioner Pinkerton asked for clarification on the process when someone does not apply for permits. He stated we see copies of letters when it escalates to higher levels, but wanted to know if Commissioners can be included sooner.
Ms. Vogel reviewed the process with Commissioners and it was agreed that Mr. Jones will include Commissioners on the first level. Ms. Vogel confirmed that this would be the same notice that would be given to the public so there would be no conflict of interest.
There being no further business, the meeting adjourned at 4:15 p.m.
s/________________________________
BEN ROBERTSON, Chairman
s/________________________________
TIM BERTLING, Acting Chairman
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
By: Stephanie Sims, Deputy Clerk