***Monday, May 30, 2016, Commissioners did not meet due to the Memorial Day Holiday.
***Tuesday, May 31, 2016, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Commissioner Walt Kirby was out of the office tending to personal matters.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Commissioners held a public hearing to consider Planning and Zoning Application #16-089 by Max Schnuerle and Phil Schnuerle for a short plat subdivision. Present are: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, Surveyor Kenneth Davis, and Kevin Boldt. The hearing was recorded.
Mr. Boldt pointed out that the public notice posted on the subject property listed this hearing as starting at 10:00 a.m., and there were other members of the public who had wanted to attend. Mr. Moss informed Commissioners that the public notice in the newspaper was listed correctly stating the hearing was to start at 9:00 a.m., but he noticed the sign on the subject property listed the hearing was to start at 10:00 a.m. Commissioners postponed the hearing until 10:00 a.m.
9:10 a.m., Commissioner Pinkerton moved to continue the hearing on Planning and Zoning Application #16-089 until 10:00 a.m. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Pinkerton moved to adopt Resolution 2016-18. A resolution increasing fiscal year 2015-2016 Current Expense election budget due to receipt of unanticipated revenue. Chairman Dinning yielded the chair to second. Motion passed unanimously. Resolution 2016-18 reads as follows:
Resolution 2016-18
Increasing Fiscal Year 2015-2016 Current Expense Election 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 Current Expense Election Fund for fiscal year 2015-2016; and
WHEREAS, $9,786.00 has been received from the State of Idaho Secretary of State from a Help Americans Vote Act (HAVA) Grant as reimbursement for the purchase of Americans With Disabilities Act (ADA) compliant doors at the fairgrounds, and
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to increase the Fiscal Year 2015-2016 Current Expense Election Budget 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 increase the fiscal year 2015-2016 Current Expense Election Budget revenue account number 0001-00-0391-0004 and Current Expense Election Budget expense account number 01-04-705-17, County – Miscellaneous Costs, in the amount of $9,786.00; and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED that the increase to the fiscal year 2015-2016 Current Expense Election Budget revenue account number 0001-00-0391-0004 and Current Expense Election Budget expense account number 01-04-705-17, County – Miscellaneous Costs, in the amount of $9,786.00, 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.
DATED this 31st day of May, 2016
COUNTY OF BOUNDARY
BOARD OF COMMISSIONERS
s/______________________________
Dan R. Dinning, Chairman
s/______________________________
LeAlan L. Pinkerton, Commissioner
Absent__________________________
Walt Kirby, Commissioner
ATTEST:
s/___________________________________________________
GLENDA POSTON, Clerk of the Board of County Commissioners
Recorded as instrument #267290
Commissioner Pinkerton moved to sign the Certificates of Residency for E. Detherow, V. Rae, A. McCoy, M. Tinerella, L. Balcaen, C. Gering, C. Clum, E. Price, N. Magdaleno, and C. Embry. Chairman Dinning yielded the chair to second. Motion passed unanimously.
9:14 a.m., Deputy Clerk Nancy Ryals joined the meeting.
Commissioner Pinkerton moved to deny indigent case 2016-16 as per the Clerk’s recommendation. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 9:16 a.m.
Commissioners tended to administrative duties.
Chairman Dinning said Don Gunter with Inland Forest Management, and members with the Idaho Department of Lands, Forest Service, and Kootenai Tribe sat down for a meeting to discuss working on the entire face of the Selkirks as a hazardous fuels reduction project, in which the area from the Canadian border all the way to Caribou Creek would be treated. This is a Kootenai Valley Resource Initiative (KVRI) Forestry Committee project. The county’s involvement would be to obtain a list of all landowners in that area and to send out a mailer notifying these property owners of a meeting they are encouraged to attend to learn more about the project as those involved in the project are going to need access through private properties. Fire Safe funds will be available for these properties as well, according to Chairman Dinning.
Commissioners tended to administrative duties.
10:00 a.m., Commissioners resumed the public hearing to consider Planning and Zoning Application #16-089. This is an application filed by Max Schnuerle and Phil Schnuerle for a short plat rural subdivision to be located off Wagon Wheel Road. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, Applicants Max Schnuerle and Phil Schnuerle; Kevin Boldt, E.I.D. LLC. Surveyor Kenneth Davis, Don Bachmann, Mary Bachmann, Lester Hall, Susan Hall, and J. Jostlein. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. No Commissioner had a conflict of interest.
Chairman Dinning reviewed the list of conditions to consider as follows: whether the proposed plat is in accord with applicable provisions of the county’s ordinance, whether adequate public services are or can be made available, whether the proposed subdivision is designed so as to reduce or eliminate adverse impact on adjacent properties or land uses, whether the proposed subdivision is situated so as to avoid potentially hazardous or sensitive areas or sites, and whether access is sufficient to accommodate increases that might result from the subdivision proposed.
Commissioners opened the hearing to public testimony and asked the applicants to make an opening statement. Speaking on behalf of Max Schnuerle and Phil Schnuerle was surveyor Kenneth Davis. Mr. Davis said he is the surveyor of record for this subdivision known as Horse Canyon Subdivision and this application consists of four lots. Mr. Davis said when you look at the plat you will see many other plots and monuments marked as set or found for the entire subdivision and the reason for that is this is the first time this information has been recorded so by law he needs to show this information. The lots have been sold by instruments of record and Mr. Davis said he wants everyone to know the monuments have been set and found.
Chairman Dinning asked Mr. Davis about the dates of the map. Mr. Davis said the date is May of year 2016. The other parcels that are shown by instrument number have already been established. Max Schnuerle said there is a total of 18 lots and these four lots are left. Chairman Dinning asked about road access. Mr. Davis said there is road access via private road with cul-de-sacs. The waterlines are marked in red on the map and power lines and most pedestals are in. Mr. Davis said when the lines were put in the corner markers were destroyed so he came and put the corners back in.
Commissioners asked Mr. Moss for a staff report. Mr. Moss said the application is for a short plat rural subdivision. The lots are served by water, sewer or septic, and utilities. Mr. Moss said concerning this staff report, it does cover what we are looking at. In the past there hasn’t been a platted subdivision, there had only been individual sales so now we have a plat.
Chairman Dinning asked for public comment from those in favor of the application.
Speaking uncommitted was Susan Hall, 1106 Wagon Wheel, who asked about the two parcels of land adjacent to the parcels that have been platted. Ms. Hall said of these parcels there is one parcel along the upper plane of Wagon Wheel Road and another parcel located in the lower portion of the canyon that are still held in private ownership under the Schnuerles. Ms. Hall questioned if there is any intended use for those parcels in the subdivision and if so, what impact will that have on the private road such as traffic and maintenance.
Chairman Dinning reiterated Ms. Hall’s questions for clarification and said to be truthful, Commissioners are here to consider the four lots listed in the application and any future plan to address something adjacent to these lots would have to be addressed in the future, but Commissioners can reserve questions for later in this process. Commissioners can only address what has been presented to them today. Ms. Hall said she just wanted her question on record as this is a private road that is privately maintained.
Kevin Boldt, 28 Broken Spoke, Bonners Ferry, asked as far as the subdivision being considered and the land that encompasses it, does it include those pieces of land Ms. Hall asked about or does it exclude them. Mr. Moss said all lots meet minimum size, and it was said that Commissioners are only considering the four lots listed in the application they are considering today. Chairman Dinning asked Mr. Moss to clarify what is being considered. Mr. Davis verified there are only four lots incorporated into this application.
Ms. Hall said that precipitates another question, which is if the subdivision consists of just these four lots or if those four lots fit into the entire subdivision. Are the other lots still considered part of the subdivision? Ms. Hall said when she purchased her lots, they were in what is called Wagon Wheel Subdivision and all 18 lots were considered a part of that subdivision, but there were irregularities so the subdivision process was not completed. Now Mr. Davis has submitted a completed plat and it only concerns these four lots, so is she still under the category of Wagon Wheel Subdivision or does the subdivision consist of just these four lots? Mr. Moss said Lots A and B, which are not a part of the four lots being considered, are platted and surveyed now. All of the lots had to be surveyed so a preliminary survey was completed showing all of these parcels and originally that hadn’t been done. The plat constitutes all 18 lots. Chairman Dinning said there is confusion with terminology. This is a preliminary plat for the four lots showing a survey of all other created parcels. Mr. Davis said that is correct. Chairman Dinning said he doesn’t know if there is a formal subdivision or not for those parcels. Max Schnuerle said there was an original subdivision, but he and Phil Schnuerle were unable to complete the subdivision process because Panhandle Health District wanted them to purchase 18 sewer rights. Phil Schnuerle said they could have applied for a long plat subdivision, but they could not get the road to county specifications. Chairman Dinning said he is hearing that there is no formal subdivision other than the four lots being considered.
Ms. Hall said each one of the lots are recorded in the Clerk’s Office with covenants, conditions, and restrictions (CCR’s), etc., as a subdivision. Ms. Hall asked how this application will change the legality of that subdivision. Chairman Dinning said he is unable to answer that question as that is something someone else would have to answer other than this board.
Mr. Davis said the purpose of this plat is two-fold. The plat is to show the four lots as well as showing all monuments involved. Mr. Davis said he was required to publish a plat that shows all monuments.
Mr. Boldt thanked Commissioners and Mr. Davis for clearing up the confusion as he understands from looking at these documents that the proposed subdivision incorporates the CCR’s for the lots already sold prior to today. Mr. Boldt said the next issue is the subdivision accesses the private road so do those CCR’s create uniformity. Chairman Dinning said that would be a question to determine outside of today’s process. Mr. Boldt asked how to unify parcels when half of the properties are in the subdivision and the other half are not. There are the first 14 lots of a legal subdivision or did they not meet the criteria set by the Panhandle Health District.
Phil Schnuerle said if there are 18 lots, then there are still 18 lots and he doesn’t see why the lots cannot all be included in the subdivision. Chairman Dinning suggested those involved have a discussion about that outside of this hearing. Mr. Boldt said he wants the Schnuerles to be successful, but he wants an agreement for help in maintaining the road and to be headed in the right direction on a legal level. Chairman Dinning said that is something that needs to be determined outside of this setting.
Tom Bachmann, Broken Spoke Court, said this is confusing and he doesn’t know why he would be in favor of having these four lots platted if the whole subdivision isn’t combined. Chairman Dinning said there are two matters going on and what Commissioners are considering today is not what these questions pertain to and he added that he cannot speak to what occurred some time ago. Mr. Boldt asked if the CCR’s being considered today are the same CCR’s for the prior lots. Chairman Dinning said he would get to that.
Ms. Hall asked Mr. Moss for his opinion on incorporating those four lots for the total of 18 lots. Does that constitute a subdivision or do the other homeowners have to apply for the inclusion of the four lot subdivision? Mr. Moss said he didn’t know. Les Hall asked what the next step would be and if the parcels are already recorded, doesn’t that already constitute something? Mr. Moss reiterated that he doesn’t know. Mr. Moss said he is hearing this property is already a subdivision, but he is here because this land did not have a plat. Ms. Hall spoke of drafting a road agreement and that she was told this had been done once, but it wasn’t complete. Ms. Hall said this was already in place and they purchased their property in year 2007.
Mr. Boldt said from what he knows, the subdivision wasn’t legally completed and as buyers of the lots became available, the lots were sold off so technically there was a subdivision plan and a plat, but it was not formally recorded. Mr. Boldt said his guess is that each lot was “sliced off”
as it was purchased. Ms. Hall said you when read the initial information, it lists the lots and their descriptions. Mr. Boldt said the CCR’s may have a verbal description of Wagon Wheel Estate, but it doesn’t mean anything if there is not a recording. Chairman Dinning said if there are concerns, he would first suggest starting a conversation with Mr. Moss. Mr. Boldt asked Commissioners what the best practice would be, such as what does the county want to see for an end result. Mr. Boldt said he wants to end up with the best result and everyone be happy. Mr. Boldt said if the CCR’s are the same as original lots, it is a good position in which to have uniformity. Splitting these lots is probably fine, but then investigate best practices and look into unified CCR’s. Right now everyone gets along, according to Mr. Boldt. Ms. Hall said as an individual she has no disagreement in calling these lots a subdivision so she has no issue with that. Her only concern is how it plays out for maintenance of the road and making sure the lots are incorporated with the same CCR’s. Ms. Hall said as it pertains to road maintenance, the road is private so if the homeowners are all for themselves and not in a group working together, one person will not be able to afford maintaining the road individually.
Commissioner Pinkerton referenced the document titled “Covenants, Conditions and Restrictions and Road Maintenance Agreement” (Instrument #227567). Commissioner Pinkerton said on the third page it states “Wild Horse Canyon contains Parcels A through R” so he would assume parcels F, J, M, and N-O being considered today are a part of parcels A through R. Commissioner Pinkerton said in considering another survey, in his point of view, these parcels are incorporated in this subdivision. The associated CCR’s say A through R; they don’t say “less F, J, M, and N-O” so to him these four lots are an addition to the already existing subdivision even though it may not be formally recorded as such. It is clear that lots A through R are included, according to Commissioner Pinkerton. Ms. Hall said she just wants to make sure everyone in this subdivision conforms. Commissioner Pinkerton said the road agreements says each person will contribute $200 toward maintenance each year and that is for lots A through R. Chairman Dinning said this document was recorded in year 2006. Chairman Dinning said his understanding is that whether or not the parcels outside of the lots being considered today are within a subdivision, that is something he cannot answer, but there are CCR’s covering that matter. Commissioner Pinkerton said the information is contained in the original documentation.
Mr. Bachmann said if we’re looking at just four lots, why are we doing this? Chairman Dinning said this is what the process is. The four lots were not formally included in the original subdivision so in order to comply with the ordinance, the Schnuerles need to go through the short plat process. Ms. Hall said it is basically putting legal paperwork into the system for the four lots and the other 14 lots are already existing. Chairman Dinning said without this process the lots could not be sold as per the process in the ordinance.
Max Schnuerle asked if he and Phil Schnuerle would have to go through the Panhandle Health District for this subdivision. Mr. Moss reviewed the ordinance and said the ordinance states each lot created can be served by septic so it doesn’t indicate the sale of a lot requires installation.
No one from the public spoke opposed to the application and the applicants did not wish to make a closing statement.
Commissioners closed the hearing to further public comment.
Chairman Dinning said after the ordinance was updated the Schnuerles were made aware that this was the process they needed to follow. These lots were built for residential use and the Schnuerles have attempted to comply very well. The criteria Commissioners considered is as follows: the road is a private road so Commissioners cannot bring this road into the county’s system, the lots are served by Cabinet Mountain Water District, septic systems will need to go through the Panhandle Health District, and electricity is needed for each lot. Commissioners had no concerns.
Commissioner Pinkerton moved to approve Planning and Zoning Application #16-089. An application filed by Max Schnuerle and Phil Schnuerle for a short plat rural subdivision. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Chairman Dinning said it would be wise to make sure in the motion that Commissioners indicate the covenants are to be exactly the same as the already existing covenants. Commissioner Pinkerton said he feels there is no need to change the motion as the documents states the covenants incorporate Lots A through R so it is already on record.
The public hearing ended at 10:47 a.m.
10:51 a.m., Commissioners considered quotes received for a security camera system for the Sheriff’s Office. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Sheriff’s Office Administrator Crystal Denton, and Jacob Bushnell of Jacob Bushnell Consulting.
Three quotes were received as follows: Selkirk Mountain Technologies provided a quote totaling $43,963, Jacob Bushnell Consulting provided a quote totaling $51,480, and Valence Wireless and Communications provided a quote totaling $59,914.54.
Commissioners asked if all quotes meet the Sheriff’s Office specifications as a non-proprietary system was requested. Ms. Denton said yes. Commissioners asked if the quotes include cabling. Ms. Denton said the quote from Jacob Bushnell Consulting did, but she did not include that cost in the totals. Commissioners asked Ms. Denton for a recommendation. Ms. Denton said she would like to recommend Selkirk Mountain Technologies as they have the lowest price and the Sheriff’s Office is still getting the system they want. Ms. Denton said she can still take care of the cabling portion of the system and it will be over a certain line item in the budget, but she will use funds from another line item.
It was stated that all quotes met the criteria requested, but the lowest quote was provided by Selkirk Mountain Technologies.
Commissioner Pinkerton moved to accept the recommendation of the Sheriff’s Office and choose the quote of $43,963 from Selkirk Mountain Technologies for the security camera system at the Sheriff’s Office. Commissioner Kirby second. Motion passed unanimously.
The meeting with Ms. Denton ended at 10:54 a.m.
11:00 a.m., Commissioners took a tour of the local National Guard Amory. Present were Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Clerk Glenda Poston, Courthouse Maintenance John Buckley, and member of the National Guard. Commissioners, Clerk Poston, and Mr. Buckley returned to the Courthouse at 11:40 a.m.
Those present discussed matters pertaining to the Armory.
Commissioner Pinkerton moved to pursue leasing the National Guard Armory. Chairman Dinning yielded the chair to second. Motion passed unanimously.
11:50 a.m., Commissioners considered the application to transfer the 2016 County Alcoholic Beverage License from Alberto’s Restaurant to Love Light Creamery and Grille to serve canned and bottled beer on premises and wine by the drink. Present were Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The proceedings were recorded.
The applicable transfer fee and required documentation have been received.
Commissioner Pinkerton moved to approve the transfer of the 2016 County Alcoholic Beverage License from Concepcion Mier Y Teran doing business as Alberto’s Restaurant to Dean Andrejczak doing business as Love Light Creamery and Grille to serve canned and bottled beer on premises and wine by the drink. Chairman Dinning yielded the chair to second. Motion passed unanimously.
The meeting to consider the alcoholic beverage license transfer ended at 11:54 a.m.
Commissioners tended to administrative duties.
There being no further business, the meeting adjourned at 12:25 p.m.
____________________________________________
DAN R. DINNING, Chairman
ATTEST:
________________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk