Commissioner Meeting Minutes - Week of April 8, 2019

***Monday, April 08, 2019, at 9:30 a.m., Commissioners met in regular session with Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Chairman Dan Dinning was out of the office tending to personnel matters.

Blue Sky Broadcasting News Reporter Mike Brown was in attendance of the meetings off and on throughout the day.

Commissioner Kirby moved to appoint Commissioner Wally Cossairt Acting Chairman in the absence of Chairman Dinning. Commissioner Cossairt yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to reappoint John Youngwirth to the Translator Board with a term to expire March 2022. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to authorize Acting Chairman Cossairt to sign the letter of support for Boundary Ambulance Service in their efforts to obtain a grant for an automated cardiopulmonary resuscitation (CPR) device. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to adopt Ordinance 2019-1. An ordinance of Boundary County, Idaho, updating Ordinance 9B18LVO1, Boundary County Zoning and Subdivision Ordinance, to create Ordinance 9B18LOV2. Acting Chairman Cossairt yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. Ordinance 2019-1 reads as follows:

ORDINANCE NO.2019-1
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, UPDATING ORDINANCE 9B18LOV1, BOUNDARY COUNTY ZONING AND SUBDIVISION ORDINANCE, TO CREATE ORDINANCE 9B18LOV2:

MODIFY Section 1 TITLE, AUTHORITY, PURPOSE;
Reference current Comprehensive Plan and current Ordinance name;

MODIFY Section 2 DEFINITIONS;
Clarify Parcel of Record cannot be created by Variance, Define “Permanent” and “Structure”, Clarify “Setback” applies to all structures regardless of Use;

MODIFY Section 3 ADMINISTRATION;
Identify Current Ordinance reference rather than specific Ordinance Name, establish Planning and Zoning Commission Members may be able to serve more than two terms;

MODIFY Section 4 ENFORCEMENT;
Penalty applies when failure to comply with Setback Requirements;

MODIFY Section 7 CONDITIONAL USE;
Require ‘WILL SERVE’ letter from utility providers;

MODIFY Section 10 STANDARDS FOR SPECIFIC USES;
Add to Junk yard requirements the need to include weed control inspections;

MODIFY Section 12 VARIANCE;
Establish ‘RUNS WITH THE LAND’, remove ‘lot size’ as a Variance type;
INCLUDE IN Section 15 ZONE DISTRICT SPECIFICATIONS;
ADD ‘Acquisition of Prime Forestry land by other than State or Federal Agency mandates Zone change as appropriate;

UPDATE Section 17 NON-CONFORMANCE;
Remove specific reference to January 27, 1999 leaving ‘prior to current ordinance’;

MODIFY Section 20 PARCEL DIVISIONS;
Include in reference to Parcel Line Adjustments that each parcel has an approved driveway approach and if further adjustments are to be made then platting will be required;

CORRECT multiple typographical errors throughout entire ordinance.

WHEREAS, Section 67-6511, Idaho Code, does require that governing boards adopt zoning ordinances and to establish standards in each of the various zoning districts; and

WHEREAS, the Boundary County Planning and Zoning Commission determined that the aforementioned objectives were prudent and necessary to the effectiveness of administering the Boundary County Zoning and Subdivision; and

WHEREAS, the Planning and Zoning Commission did hold public hearing on the proposed amendments September 20, 2018; and made recommendations to Boundary County Board of Commissioners and

WHEREAS, the Board of County Commissioners did hold public hearing on applications 18-119, 18-120, and 18-130 on February 11, 2019; and

NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Boundary County, Idaho, that Ordinance 9B18LOV1 Zoning & Subdivision Ordinance, is hereby repealed and made null and void, and the following 9B18LOV2 Zoning and Land Use Ordinance, attached hereto and incorporated by reference, be and is hereby adopted as an ordinance of Boundary County.

The Motion and Adoption of this Ordinance was passed and adopted by the Boundary County Commissioners on this 8th day of April, 2019, with the vote by the Commissioner recorded as follows:

Chairman Dinning, absent
Commissioner Cossairt, “aye”
Commissioner Kirby, “aye”

BOUNDARY COUNTY
BOARD OF COMMISSIONERS
Absent__________________________
Dan R. Dinning, CHAIRMAN
s/__________________________
Wally Cossairt, COMMISSIONER
s/__________________________
Walt Kirby, COMMISSIONER

ATTEST:
s/_____________________________
Glenda Poston
Clerk of the Board of County Commissioners
Recorded as instrument #277402

Commissioners tended to administrative duties.

Treasurer Sue Larson joined the meeting.

10:00 a.m., Commissioners reconvened for the continuation of the tax deed property hearing for delinquent year 2015 taxes. Present were: Acting Chairman Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Treasurer Sue Larson. The hearing was recorded.

Commissioner Kirby moved to keep the continuance of the tax deed hearing until April 30, 2019 for parcel #RP65N02E264490A in the name of Christine Gatherers and parcel #RPB0120012021AA in the name of Karen Harrelson and to remove parcel #RP62N03E224812A in the name of Nils and Rose McKenney from tax deeding. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.

Treasurer Larson clarified that the funds for parcel #RP62N03E224812A were paid after 5:00 p.m. and she wanted to make sure they cleared. This property will officially be removed from tax deeding, but Commissioners will keep the continuance open for parcel #RP65N02E264490A in the name of Christine Gatherers and parcel #RPB0120012021AA in the name of Karen Harrelson.

The tax deed hearing ended at 10:02 a.m.

Treasurer Larson left the meeting at 10:06 a.m.

Commissioners reviewed claims for payment. Fund totals are as follows:

Current Expense $ 55,995.64
Road & Bridge 120,713.87
Airport 3,948.77
District Court 2,155.00
Justice Fund 37,642.08
911 Funds 4,518.50
Indigent & Charity 10,746.12
Junior College Tuition 34,450.00
Parks and Recreation 2,555.15
Revaluation 109.14
Solid Waste 12,411.99
Tort 1,460.00
Veterans Memorial 118.81
Weeds 2,457.09
Restorium 38,268.11
Waterways 2,639.42
Grant, Boat Safety 477.54
Grant, Emergency Communication 12,128.53

TOTAL $342,795.76
Trusts
Boundary Co. Drug Court Trust 570.67
Driver’s License Trust 8,137.00
Indigent Reimbursements 8,591.83
Motor Vehicle Trust 138,373.63
Sheriff’s Trust Fund 814.40
Restorium Memorial Trust Fund 7,070.00
Tax Deed Sale Trust 3,777.96
Playground/Ice Rink Trust 6,626.28
Odyssey Court Trust Account 19,301.54
Odyssey Bond Trust Account 2,285.00
Odyssey Restitution Trust Acct 2,137.79

TOTAL $197,686.10

GRAND TOTAL $540,481.86

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2018-2019).

Clerk Poston and Commissioners discussed various matters.

10:07 a.m., Deputy Clerk Nancy Ryals joined the meeting.

Commissioner Kirby moved to deny indigent case 2019-11 as per the Clerk’s recommendation. Acting Chairman Cossairt yielded the chair to second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting at 10:17 a.m.

Commissioners tended to administrative duties.

10:31 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone. Attorney Hull said he feels he’s gotten fairly caught up with things. The review of the amended Personnel Policy is almost done, according to Attorney Hull.

The call to Attorney Hull ended at 10:32 a.m.

Commissioners tended to administrative duties.

There being no further business, the meeting adjourned at 11:30 a.m.

***Tuesday, April 9, 2019, at 1:30 p.m., Commissioners met for the afternoon session with Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Graham Taylor, Jamie Miller, Tammy Lange, and Matt Harmon with Fatbeam joined the meeting to update Commissioners on their project in Boundary County. Also present were: Eric Lederhos and Mat Surprenant with E.L. Automation and county resident Kevin Boldt.

Mr. Miller said Boundary Economic Development Director Dennis Weed had asked them to come up and talk about Fatbeam. Ms. Lange informed Commissioners that the Boundary County School District received federal and state funding and sent out a request for proposals for fiber services and Fatbeam was awarded the bid. The receipt of federal funding was a large reason for waiting to start the project then Fatbeam ran up against winter weather so now they’re here. Commissioner Kirby asked what Fatbeam is going to do. Ms. Lange informed Commissioners that she is Vice President of Sales and Marketing and she said Fatbeam will connect the community to the U.S. Bank Building in Sandpoint. Fiber will connect from Sandpoint, through the schools in Boundary County to Hall Mountain. Ms. Lange spoke of wanting to partner with the community for fiber services. Mr. Lederhos said he and Fatbeam have been in conversation. Mr. Taylor said to reiterate Fatbeam wants to work with the community and providers such as E.L. Automation. Commissioner Cossairt said Fatbeam has contracted with the schools so anything beyond that is going to be through a third party. Ms. Lange said not necessarily. Fatbeam doesn’t provide residential services, but they will work with people who do, such as installing a vault. Commissioner Kirby said he would assume Fatbeam will be in communication with all service providers in this area. Ms. Lange said this is an open access network and Fatbeam doesn’t play favorites with anyone. Mr. Lederhos said Fatbeam sells 1 gig minimum and he questioned if pricing is the same. Ms. Lange said it’s not the fiber that costs the money, it’s the build which varies. Commissioner Cossairt asked about the time frame to be up and running and Ms. Lange said that would be by June 30th, based on the funding guidelines and once that is done, Fatbeam is ready and willing to build laterals off the main backbone. Lease agreements can be signed with the perception of open access network, etc. Mr. Surprenant inquired if they want to buy bandwidth, do they have to get to Sandpoint and what is the time frame. Ms. Lange said yes, and the time frame is a September date, but definitely before winter.

Clerk Poston said if the Courthouse wanted Fatbeam’s services, would that be possible? Ms. Lange said Fatbeam would build a lateral off the backbone into demarcation and provide service that way. Clerk Poston said with the State of Idaho using the Odyssey Program the Courthouse has to have major connectivity, strength, power, etc. Mr. Harmon said there are cloud based applications used by a lot of government agencies and you need specific band width requirements for it to operate on a daily basis. Mr. Harmon said Fatbeam will bring fiber from the street to the building.

Mr. Lederhos said with a larger bandwidth, E.L. Automation will be competitors with Fatbeam as they both sell 1 gig pipe. Ms. Lange said Fatbeam always works with competitors and it’s good for pricing. Fatbeam works with a lot of service providers in communities. Commissioner Cossairt asked if the work for the school district will be done by June 30, 2019. Ms. Lange said they will get the school taken care of first so in the summer time frame Fatbeam can branch out from there. Mr. Lederhos said he doesn’t have information on the exact routes that Fatbeam is taking, but it’s from Naples to Mt. hall and the schools. Ms. Lange agreed that it’s not Fatbeam’s intention to run fiber down the streets to homes. Mr. Lederhos said Fatbeam will be a competitor as it pertains to the larger matters and with smaller matters, hopefully a deal can be worked out. Mr. Lederhos said he supplies the high school currently and Ms. Lange said with internet service. Mr. Lederhos said at some point internet services will need to go out to bid again. Ms. Lange said Fatbeam doesn’t provide residential service; only through another provider.

Commissioner Kirby said this will induce commerce. Ms. Lange said Fatbeam is happy to be here and work with the community and companies like Mr. Lederhos’s company. Commissioner Kirby said Commissioners represent the community and need to make sure people like E.L. Automation don’t get run over. Commissioners spoke of cooperating with everyone. Mr. Harmon spoke of the poles that are going up.

Commissioner Cossairt asked if Fatbeam is going to connect to larger businesses once they’ve connected to the schools. Ms. Lange said it depends.

County Noxious Weed Department Superintendent Dave Wenk joined the meeting at 1:53 p.m.

The meeting to discuss fiber with representatives from E.L. Automation and Fatbeam ended at 1:54 p.m.

Commissioner Cossairt moved to appoint Commissioner Kirby acting chairman in the absence of Chairman Dan Dinning. Commissioner Kirby yielded the chair to second. Motion passed unanimously.

Mr. Wenk met with Commissioners to update them on funding for the Selkirk Cooperative Weed Management Association and have Commissioners sign the State of Idaho Department of Agriculture cost share documents for this program. Boundary County and Bonner County are to receive $12,500 each and the remaining funds are designated for water treatment and hiring contractors. Boundary County is to still administer the program, according to Mr. Wenk. Boundary County will administer funds so bills will be turned into Deputy Clerk Nancy Ryals who then issues the checks to Bonner County’s Weed Department for the cooperative fund.

Commissioner Cossairt moved to authorize Acting Chairman Kirby to sign the Idaho State Department of Agriculture Award of 2019 State General Fund Cost Share Funds totaling $46,200.00 for the Selkirk Cooperative Weed Management Association (CWMA). Acting Chairman Kirby yielded the chair to second. Motion passed unanimously.

Mr. Weed discussed treating weeds.

The meeting with Mr. Wenk ended.

Commissioner Kirby left the meeting at 2:36 p.m.

There being no further business, the meeting adjourned at 2:36 p.m.

_______________________________________
WALLY COSSAIRT, Acting Chairman

Attest:

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

Date: 
Thursday, May 2, 2019 - 15:15
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