***Monday, April 17, 2017, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
County residents Merrill Marcy and Walter Burrow joined the meeting. Blue Sky Broadcasting Reporter Mike Brown was also in attendance of the meetings off and on throughout the day.
Mr. Burrow asked Commissioners if they are aware of South Boundary Fire District Chief Tony Rohrwasser’s crusade involving South Boundary Fire District and North Bench Fire Association. Mr. Burrow asked what the process would be for annexation. Mr. Burrow said he had made a motion at the last North Bench Fire Department board meeting to table the matter indefinitely until more input from the members is received. Mr. Burrow said he doesn’t trust Chief Rohrwasser and will keep track of this matter.
Mr. Burrow left the meeting at 9:07 a.m.
9:09 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give a department report. Mr. Kimball said he did not prepare a written report as he thought his meeting had been cancelled.
Mr. Kimball and Mr. Marcy addressed a road issue that Mr. Marcy had questioned. Mr. Kimball said the Local Highway Technical Assistance Council (LHTAC) doesn’t want anyone to dig until the roads have dried out. Mr. Kimball spoke of Road and Bridge grading Lookout View Road today.
Mr. Marcy left the meeting at 9:20 a.m.
Commissioner Pinkerton moved to authorize the Chairman to sign the Idaho Transportation Department Local Professional Services Agreement #94321 with James A. Sewell & Associates for the design phase of the Westside Rd and Trout Creek Bridges project, Project No. A013(419), Key No. 13419. Commissioner Kirby second. Motion passed unanimously.
Solid Waste Department Superintendent Claine Skeen joined the meeting at 9:21 a.m.
Commissioner Kirby moved to approve minutes of April 3 & 4, 2017. Commissioner Pinkerton second. Motion passed unanimously.
Commissioners and Mr. Kimball spoke of the meeting to be held at the armory regarding the assessment of damages the county sustained as a result of heavy precipitation received last winter and continuing this spring. Chairman Dinning asked Mr. Kimball if the damages for the county totaled $2,000,000. Mr. Kimball said the damage at Atkins Canyon is expected to cost a little over $2,000,000 alone and he’s heard the overall cost to Boundary County is $4,500,000.
The meeting with Mr. Kimball ended at 9:30 a.m.
Mr. Skeen presented Commissioners with quotes he received for having the metal pile at the landfill baled. The amounts listed in the quotes are due to Boundary County. Quotes were received from Pacific Steel and Recycling in the amount of $111.65 per ton, Rosin Brothers in the amount of $97.50 per ton, and L&S Enterprises in the amount of $90.00 per ton. Bill York did not submit a quote.
Commissioner Pinkerton moved to accept the quote from Pacific Steel and Recycling for baling the metal pile at the landfill for the amount of $111.65 per net ton owed to Boundary County. Commissioner Kirby second. Motion passed unanimously.
Mr. Skeen said there are approximately 500 tons in the metal pile.
Commissioner Pinkerton moved to sign the Independent Contractor Agreement with Pacific Steel and Recycling for baling the metal pile at the landfill. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to sign Certificates of Residency for Gregory Ward and Roger Hart. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to adopt Resolution 2017-15. A resolution extending a local disaster/emergency declaration. Commissioner Kirby second. Motion passed unanimously. Resolution 2017-15 reads as follows:
RESOLUTION 2017-15
LOCAL DISASTER/EMERGENCY DECLARATION
WHEREAS, Boundary County has experienced heavy snowfall and rains during the current 2016/2017 winter and spring season, and
WHEREAS, due to this excessive precipitation, Boundary County has experienced damage to infrastructure, property, and structures and such damage is expected to continue for the foreseeable future, and
WHEREAS, Boundary County Commission Chairman declared a disaster declaration on Saturday, March 18, 2017, at approximately 2:00 p.m., followed by the entire Board of Boundary County Commissioners declaring a disaster declaration on the following business day, Monday, March 20, 2017, and
WHEREAS, the Board of Boundary County Commissioners feel this declaration needs to extend, and
NOW, THEREFORE, be it resolved, that the Board of County Commissioners of Boundary County, State of Idaho, has hereby declared an emergency, and the aforementioned declaration is extended until July 1, 2017, and is ratified by this resolution.
DATED at Bonners Ferry, State of Idaho, this 17th day of April, 2017.
BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/____________________________
Dan R. Dinning, Chairman
s/_____________________________
LeAlan L. Pinkerton, Commissioner
s/_____________________________
ATTEST: Walt Kirby, Commissioner
s/_______________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #270351
Mr. Skeen left the meeting at 9:38 a.m.
Commissioners tended to administrative duties.
Commissioner Pinkerton moved to authorize the Chairman to sign the Idaho Department of Lands Memorandum of Understanding and accompanying documents for the South Boundary Hazardous Fuels Reduction project, Grant #16WFM-Boundary, Project Code #16WFM 03. Commissioner Kirby second. Motion passed unanimously.
Commissioners tended to administrative duties.
10:00 a.m., Boundary Ambulance Service Chief Jeff Lindsey joined the meeting.
10:05 a.m., Commissioner Pinkerton moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Kirby second. Motion passed unanimously.
Commissioners reviewed the minutes from the last meeting held on March 20, 2017.
Commissioner Pinkerton moved to approve the Boundary County Ambulance Service District minutes taken from the meeting held on March 20, 2017. Commissioner Kirby second. Motion passed unanimously.
Chief Lindsey said Boundary Ambulance is doing well.
Chairman Dinning asked Chief Lindsey to have Boundary Ambulance come up with a concept as to what they would like an ambulance facility to look like. The National Guard won’t decide until next year if they want to sell their interest in the armory and if they want to retain the building. The National Guard proposed entering into a long term lease. Chief Lindsey mentioned the contract Boundary Ambulance has with the county states $25,000 will be set aside from the budget for a building and he brings that up because he keeps looking at the armory and wonders where a facility would fit to suit EMS. An ideal facility would have the units under one cover and would be a big enough office space for training, sleeping quarters and have a kitchen, etc. Chief Lindsey said the Sheriff’s Office has been putting equipment behind the armory so it looks like it may be crowded. Chairman Dinning said there is a lot more space on the south side of the armory than Chief Lindsey may be aware of and Boundary Ambulance could have its own private access out of the property. Chairman Dinning asked if it’s possible to have Boundary Ambulance vehicles parked in tandem in a bay. Chief Lindsey said yes and he added that there is enough space to house the ambulance units in the existing building used by Boundary Ambulance, but not enough space for the other ancillary vehicles such as the rescue truck, medic’s vehicle, and units. It was said three bays that are two vehicles deep would be ideal. Chairman Dinning said he has looked at the armory property twice and there is a lot of room for Boundary Ambulance. Chairman Dinning said if Boundary Ambulance and the county continue with the contract, the $25,000 that is set aside will make the payment on however this proposed construction is financed. Chairman Dinning asked Chief Lindsey to provide a rough drawing of what Boundary Ambulance needs. The building will be the county’s building, but maybe we could look at having some design work done. The National Guard won’t make a decision to sell or keep the armory until after the first of the year.
Those present discussed Boundary Ambulance helping county employees to become familiar with newly purchased AEDs (automatic external defibrillators) that will be kept at the Courthouse and other outlying county offices.
Commissioner Kirby moved to allow Boundary Ambulance Service to use the county’s training defibrillator. Commissioner Pinkerton second. Motion passed unanimously.
Chief Lindsey informed Commissioners that Boundary Ambulance is participating in a docudrama on drinking and driving with the high school principal, Sheriff’s Office, City of Bonners Ferry Fire Department, and Police Department and it will be presented on May 8th.
10:28 a.m., Commissioner Kirby moved to adjourn as the Boundary County Ambulance Service District Governing Board and reconvene as the Boundary County Board of Commissioners. Commissioner Pinkerton second. Motion passed unanimously.
Chief Lindsey left the meeting.
10:30 a.m., Kootenai Valley Resource Initiative (KVRI) Facilitator Patty Perry joined the meeting to provide Commissioners with an update on KVRI projects.
Ms. Perry informed Commissioners that Brian Johnson with the Idaho Department of Fish and Game is applying for a grant to purchase bear proof garbage cans.
Commissioner Pinkerton moved to authorize the Chairman to sign the letter for the Idaho Fish and Wildlife Foundation. Commissioner Kirby second. Motion passed unanimously.
Ms. Perry spoke of Community Forest Landscape Restoration (CFLR) project changes that are proposed by the Forest Service and she has the documents that show what funding is for. Commissioners and Ms. Perry spoke of timber harvests. Ms. Perry mentioned that some clarification has been requested. In the proposal that was submitted seven years ago, projects for green energy were on the list, but the market for green energy has not materialized so that needs to be adjusted. Ms. Perry discussed how much of the project targets were reached and she said the bottom line is there are some projects that will need to be adjusted. Ms. Perry said she thinks the KVRI Board will decide if these changes are sufficient and whether to submit them or have Forest Supervisor Mary Farnsworth meet to review the projects in detail by line item. The next meeting on this matter will be the same as the last March 23rd meeting. Ms. Perry said Ed Koberstein was asked for a list of justifications and notes that KRVI had asked him to quantify as changes are made.
Ms. Perry informed Commissioners that District Forest Ranger Kevin Knauth could not make it to this meeting as he is attending a kick-off meeting on the National Environmental Policy Act (NEPA) team for the Dawson categorical exclusions. The hope is to move the NEPA along faster for the Panhandle. Very large pieces of real estate will be analyzed and narrowed down considering many aspects. It was said that the Washington office needs to understand this. Commissioner Pinkerton said we are basically doing Washington’s job. Ms. Perry said the Westside project was thought of as a whole, but there may be nuances that could stall the entire project so sections of the project can be worked on here and there.
Chairman Dinning asked if decisions will be made at this evening’s KVRI meeting or will that come at a later date. Ms. Perry said she feels that decisions will come later.
Ms. Perry said the Total Maximum Daily Load (TMDL) meeting takes place Wednesday morning.
The meeting with Ms. Perry ended at 10:50 a.m.
Commissioner Pinkerton moved to expend $500 for the Idaho History Museum Interactive County Map. Commissioner Kirby second. Motion passed unanimously.
Chief Deputy Clerk Tracie Isaac and Restorium Administrator Karlene Magee joined the meeting.
11:00 a.m., Commissioner Kirby 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session was recessed until 11:05 a.m., in order to give the appellant a chance to show up.
Commissioners went back into executive session at 11:07 a.m. The executive session ended at 11:08 a.m.
Commissioner Kirby moved to uphold the decision of the Restorium administrator as it pertains to an employee termination. Commissioner Pinkerton said in light of the letter submitted by the employee, he would rather entertain a motion to accept the letter as opposed to force termination. The motion died due to lack of a second.
Commissioner Kirby moved to amend his prior motion and moved to accept the letter of resignation that was received prior to this hearing. Commissioner Pinkerton second. Motion passed unanimously.
Ms. Magee left the meeting at 11:09 a.m.
11:09 a.m., Commissioner Kirby 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 11:20 a.m. No action was taken.
Commissioner Pinkerton briefly updated Commissioners on the status of the United States Department of Agriculture (USDA) regional sewer feasibility study grant. Commissioner Pinkerton said the current grant match is $20,000 and that is to be divided.
11:43 a.m., there being no further business, the meeting recessed until tomorrow morning at 9:00 a.m.
***Tuesday, April 18, 2017, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, Solid Waste Department Superintendent Claine Skeen, Noxious Weed Department Superintendent Dave Wenk, Courthouse Maintenance John Buckley, Restorium Administrator Karlene Magee, Extension Educator Amy Robertson, Treasurer Sue Larson, Chief Probation Officer Stacy Brown, Prosecutor’s Office Manager Tammie Goggia, Veterans Service Officer John Tucker, Chief Deputy Sheriff Rich Stephens, Assessor Dave Ryals, Chief Deputy Clerk Tracie Isaac, and Court Supervisor Della Armstrong.
Chairman Dinning said it’s budget time so he urged those present to be as conservative as possible as a lot of needs are coming up and Commissioners don’t know how they’re going to be covered. Chairman Dinning mentioned the cost of approximately $4,500,000 to fix damages the county sustained due to heavy precipitation and how Secure Rural Schools funding was not authorized. Clerk Poston said budget requests have been distributed.
Commissioners said the county has purchased automatic external defibrillators (AED) for every county facility and there will be a training on how to use them. Boundary Ambulance Service has agreed to service the AEDs annually.
Chairman Dinning said the county will eventually have another surplus property auction so to take inventory of anything that needs to be auctioned off.
Clerk Poston said she had attended a Government Employees Medical (GEM) Plan meeting and premiums won’t increase more than 5% and hopefully the increase will be less than that.
Commissioners asked department heads and elected officials for office updates. Assessor Ryals said his office is just moving along and hoping to fill a vacant appraisal position this week.
Chief Deputy Clerk Isaac said Boundary County’s membership to LifeFlight expires May 31st and information for renewals and new memberships have been sent out to all departments. The cost of membership has increased to $50 from $45. Chief Deputy Clerk Isaac said LifeFlight has bought out MedStar.
Ms. Robertson listed off the many classes coming up the Extension Office is hosting. 4H Friday Friends will run all summer long for kindergarten through sixth grade.
Mr. Buckley said the lights for the parking lot behind the Extension Office have been installed and he mentioned that he has just been very busy.
Chairman Dinning mentioned hearing the number of females in the county’s jail has increased dramatically. Chief Deputy Stephens said the jail is over capacity and he listed issues exceeding capacity can cause. There are currently 36 people in jail, but the jail is rated for 22 inmates.
Mr. Moss said the Planning and Zoning Commission has a couple public hearings scheduled for this week and a lot of applications are coming through.
Mr. Wenk said he is just waiting for the weather to dry up before he can do anything about weeds.
Mr. Skeen said the metal pile at the landfill will be baled soon and it will bring in a decent return. The ramp on the east side of the landfill property has been extended in hopes of being able to load open-top roll off containers for recycling as it will eliminate issues with the way loading is currently being done. Mr. Skeen said he will hopefully catch a better recycling market. Chairman Dinning asked those present to pay attention to increasing their recycling at the landfill as he sees a large volume of cardboard going into the dumpster behind the courthouse. Mr. Skeen offered to bring in another 10 yard comingle recycling container to the Courthouse to help encourage more recycling.
Treasurer Larson said her Office and the Assessor’s Office are piloting a new tax collecting system for the state. Treasurer Larson added that the state wants to go live with this program by the summer, but she doesn’t think that will happen. This new system is PC based as opposed to the AS400.
Ms. Brown said the Probation Office is staying busy.
Ms. Goggia said the Prosecutor’s Office has also been busy.
Ms. Armstrong said the courts are busy. Supreme Court representatives will be here Monday to do a demonstration for the clerks and judges on the Odyssey Program.
Ms. Magee said the Restorium is holding its volunteer appreciation day this Sunday. Ms. Magee added that the Restorium has four room vacancies.
Mr. Buckley informed Commissioners there is a sink hole in the parking lot by the ambulance side door.
Chairman Dinning said test holes have been drilled into Deep Creek Loop and the drill went down three feet from the surface and hit water. When Road and Bridge Department Superintendent Clint Kimball took another look at this section of road there was so much water and pressure that it heaved the asphalt. Chairman Dinning said Mr. Kimball and Emergency Services Director Mike Meier met with representatives from the Federal Emergency Management Agency (FEMA) the other day about assessing damages and costs.
Chief Deputy Sheriff Stephens said as it pertains to drug court, currently there are three participants and from his perspective he can see this program has been a benefit already in that these participants’ setbacks would normally have landed them back in jail, but with counseling and intensive therapy they are able to be pulled back out with help instead of jail time.
Chairman Dinning said the county has entered into a new contract with Frontier Communications for a new phone system upgrade at the Courthouse. The cost is just under $25,000, but there will be a monthly savings on the phone bill. The armory will also have a phone system, according to Chairman Dinning.
The elected officials/department heads meeting ended at 9:25 a.m.
Commissioner Pinkerton moved to sign the Certificate of Residency of Timothy Kerstiens. Commissioner Kirby second. Motion passed unanimously.
9:30 a.m., County Noxious Weed Department Superintendent Dave Wenk provided a department report for Commissioners. Mr. Wenk spoke of receiving a reimbursement check as a result a bill which had been paid twice. Mr. Wenk said he has not heard any updates on the Cost Share Program for the Neighborhood Program so he will find out more on Friday. There are funds available, but there have usually been updates by this time. Mr. Wenk said there should be a notice posted in the newspaper about noxious weeds and he also sent in an editorial to the newspaper about no spray agreements.
The meeting with Mr. Wenk ended at 9:40 a.m.
Commissioners tended to administrative duties.
10:00 a.m., Commissioners held a public hearing to consider Planning and Zoning Application #17-051 filed by Joy Liljestam and Ted Ludlum. The application is for a short plat subdivision. Present were: Commission Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, Steve Moyer with North Star Surveying, Applicants Joy Liljestam and Ted Ludlum, and members of the public Jean Diel, August Diel, and Jaak Sanders. The hearing was recorded.
Chairman Dinning reviewed aloud the public hearing procedures. This is an application to amend a plat for Lot 7 of the Downing Meadows Subdivision, consisting of 18.5 acres, to create Lot 7A (16 acres) and Lot 7B (2.5 acres). Chairman Dinning reviewed a list of criteria to be considered when making a decision on the application. Each Commissioner said they had no conflict of interest or ex-parte communication.
Chairman Dinning opened the hearing to public testimony and asked the applicants for their opening statement.
Mr. Moyer, speaking on behalf of the applicants, said the applicants want to split off 2.50 acres of the northeastern acreage and the preliminary plat shows the configuration of the parcel. The only change is that the applicants want to restrict any building to the west 230 feet along the county road; the west half of the property. The map shows where the driveway would access Lot 7B, which is where the Road and Bridge Department suggested having it located. There are services available; Three Mile Water services Lot 7B and Northern Lights also services this area. The minimum lot size for this zone is five acres.
Commissioners asked Mr. Moss for his staff report. Mr. Moss said it is indicated that a platted subdivision exists in a rural residential zone. A rural subdivision means the lot size is no smaller than 2.5 acres. The Ordinance specifically states that a subdivision, by short plat, to create lots for residential uses has lots that are no less than 2.5 acres in size. The rural subdivision has a limitation of having lots no less than 2.5 acres, but the zone in which this subdivision would reside has a minimum lot size requirement of five acres. There is an issue between the two different sizes. The concern of the Road and Bridge Department has to do with the location of the driveway, which was addressed by the applicants, who amended the application to show the driveway on Lot 7B so that concern has been alleviated by the placement of this driveway. Downing Meadows has nine lots already and three of those lots are 2.5 acres in size. This is consistent with the Downing Meadow Subdivision as it exists. The concerns of Road and Bridge have been alleviated and the plat has been amended to show the driveway. Mr. Moss said he received a mailing listing concerns of some local residents and that letter has been included in Commissioners’ packet of information.
Chairman Dinning said Commissioners did receive a comment from Mr. Sanders listing concerns as part of the record. Chairman Dinning said one of those concerns is that the Downing Meadows Subdivision’s current covenants, conditions, and restrictions (CCR’s) don’t allow for the land to be reduced. Mr. Moyer said they are not.
Chairman Dinning said the first paragraph of the description of the application references Land Use Ordinance 2017-1, Section 11.3.6. Rural Subdivision, and reads that each lot meets or exceeds the standard net development density of lots not less than 2.5 acres. Chairman Dinning said he reads that a little differently in that where it says in the first sentence, a subdivision by short plat for residential use where each lot meets or exceeds develop density of zone district, that means meets or exceeds five acres. The statement is taking into account other zone districts where it states no less than 2.5 acres. Chairman Dinning said we won’t get hung up on that as Commissioners would like to get the staff attorney’s opinion.
Chairman Dinning said the parcel has Three Mile Water and septic services. Mr. Moss said Three Mile Water would provide water to Lot 7B, but he was not sure about service to Lot 7A. Mr. Moss said he thinks Lot 7A gets water from the well on Lot 7B. Mr. Moss said he feels the existing well satisfies the existing water requirement.
Chairman Dinning asked if there was any public comment from those in favor of the application. No one spoke. Next Chairman Dinning asked for public comment from anyone uncommitted to the application. No one spoke.
Speaking in opposition to the application was August Diel who submitted his letter into the record. Mr. Diel’s letter stated that he and his wife, Jean, have resided at 289 Aspen Drive for the past 38 years and they are opposed to the subdivision. This short plat subdivision is deviating from the zone district specifications for a rural residential minimum size of five acres. Mr. Diel stated that he and his wife respectfully request that no decision be made today until they can be convinced the zone requirement is being met first.
Also speaking in opposition was Jaak Sanders, who lives next door to the applicant at 390 Aspen Drive. Mr. Sanders submitted a letter for the record. Mr. Sanders said one of the reasons he moved to this neighborhood was because he was told the CCR’s didn’t allow for the division of properties and that was a major selling point for him. Mr. Sanders mentioned having the letter signed by residents of the neighborhood. Mr. Sanders presented Commissioners with page 2 of 3 of an agreement that shows the property in this area was not to be divided. Mr. Sanders said the only property set to be divided is his property, but he has no intention of doing that. Because of the zoning, this letter can be null and void, but the concern is population density. Mr. Sanders said he enjoys the outdoors and hunting. He has a shooting range and he has concerns about maintaining a safe environment. Mr. Sanders said applicants Ted Ludlum and Joy Liljestam are the greatest neighbors and he apologizes for speaking against this project, but he is afraid this split will take the lid off Pandora’s Box and entice people to create more small lots.
No one else spoke in opposition.
Mr. Moss said the line drawn that seems to be a regular line on the southern portion of lot 7B follows the topography and it would be easy to see where that divide of 2.5 acres takes place due to a clear cut hill.
Chairman Dinning asked if the applicant would like to respond to issues raised. Ms. Liljestam said she and Mr. Ludlum have the greatest neighbors; all of them. Ms. Liljestam said the reason they are applying for the division is that in the last four years things keep going wrong with her, physically, and winter was a real concern. It is a lot to take care of 18 acres. Ms. Liljestam said she and Mr. Ludlum really love the neighborhood and the neighbors, and they thought they could stay on the property if they could split off the front portion and have a ranch-style home on a couple of acres for a horse pasture. Ms. Liljestam said she doesn’t anticipate doing anything with the property unless health issues keeping happening such as having to have rotator cuff surgery and having a knee issue. The house and barn are on a hill and Ms. Liljestam said after her last medical procedure on her knee she was told she cannot walk down her driveway because it is downhill. Ms. Liljestam said if the time comes, she just wanted to know they have a place to stay in the neighborhood. There aren’t any present plans to do anything; this is a just in case scenario.
Mr. Moyer said due to the topography the southwest property line in between is at the base of a hill. Lot 7B is a flat meadow. The driveway that goes to the house is steep. The dividing line is dividing the meadow from the wooded portion of the property. As far as water, the well to Lot 7A is located on Lot 7B and an easement is provided. There are quite a few properties that are the same size in this immediate area. Lot 8A was divided a while ago so it has been split into two parcels. Mr. Moyer said the original documents for Downing Meadows does allow for further division. The dichotomy between the minimum lot size for the zone and the size for a rural subdivision, as he interprets it, is why we are going through this process. Chairman Dinning said ultimately we have to live with the ordinance that is in place and he’s guessing an ordinance from the past may have allowed that division to occur. Commissioners have to apply what is in place. Chairman Dinning said his other question is if the landowners had considered creating a five acre lot instead of a 2.50 acre lot. Mr. Moyer said the concern with that is the dividing line would go right up to the house.
Mr. Ludlum said there might have been a question about Lot 8 and there is a drawing so he wanted to mention that. Mr. Moyer said he wondered if he went down to the Mapper’s Office, if he could get a map that would show existing parcel sizes. Chairman Dinning said we are faced with the existing ordinance so that would not give bearing to this application. Chairman Dinning explained that Commissioners were almost ready to close the hearing to further testimony so Commissioners would only be able to converse amongst themselves.
Mr. Sanders said from what he has learned through these procedures, he would like to withdraw his opposition to the application and maintain good relations. Chairman Dinning said if the ordinance allows this division to occur, then we can look at this from that standpoint, but if not, then we cannot go against the ordinance. Chairman Dinning said he really understands people’s feelings, but it is somewhat like a judge and jury. Mr. Ludlum said all of his neighbors are super and if the neighbors are not in favor, it doesn’t affect his feelings toward them at all. That is not an issue if this application is approved or not; it’s to do what is legally right for a long term situation.
Commissioners closed the hearing to public testimony. Chairman Dinning said he can see confusion as to the interpretation of the ordinance and he would like to get an opinion from the county’s civil attorney and go from there. In doing that Commissioners will need to continue the hearing. Commissioner Pinkerton agreed and said he would like to say yes and go ahead. The applicants did what is best for their welfare and he would like to give them leeway to do what they can with their property, but the county has an ordinance that binds so until we get clarification, Commissioners don’t feel we can make a decision one way or another. We need guidance. Commissioner Kirby said he agrees and his thought is also to have Commissioners talk to the county attorney and take a look at the legal questions and sort them out.
10:43 a.m., the hearing was continued to Tuesday, April 25, 2017, at 10:00 a.m.
11:00 a.m., Treasurer Sue Larson joined the meeting.
Treasurer Larson reviewed the report of county accounts with Commissioners.
Commissioner Pinkerton moved to accept the Treasurer’s Quarterly Report dated March 31, 2017. Commissioner Kirby second. Motion passed unanimously.
Treasurer Larson left the meeting at 11:10 a.m.
Clerk Glenda Poston returned to the meeting.
Commissioner Pinkerton moved to authorize the Chairman to sign the Contract for Tree Planting and Riparian Planting Activities for the Lower Kootenai River Watershed Restoration (LKRWR) Project with Fremont Forest Systems, Inc. Commissioner Kirby second. Motion passed unanimously.
Clerk Poston updated Commissioners on matters pertaining to public defense.
Commissioner Pinkerton moved to adopt Resolution 2017-16. A resolution authorizing the disposition of records of Boundary County. Commissioner Kirby second. Motion passed unanimously. Resolution 2017-16 reads as follows:
RESOLUTION 2017-16
A RESOLUTION AUTHORIZING THE DISPOSITION
OF RECORDS OF BOUNDARY COUNTY
WHEREAS, the Boundary County Clerk’s Office is currently storing old records of Boundary County; and
WHEREAS, due to lack of storage space, the Boundary County Clerk’s Office has requested permission to dispose of old records; and
WHEREAS, the Boundary County Prosecuting Attorney’s Office has reviewed the request and has no objection thereto; and
WHEREAS, the Boundary County Prosecuting Attorney’s Office has advised the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and
NOW THEREFORE, upon motion duly made seconded and unanimously carried,
IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:
The following records have been deemed permanent by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and permanent records must be kept for a minimum of ten years. The following payroll records are to be disposed of by shredding:
• 2005 – 2011 W-4’s
• 2000 – 2006 Payroll and Insurance Records
• 1999 – 2006 W-2’s and 1099’s
• 2000 – 2006 941 Employers Quarterly Federal Tax Returns
• 2000 – 2006 State Quarterly Unemployment Reports
• 2001 – 2006 Idaho Withholding Payments Reports
• 2000 – 2006 Idaho State Insurance Workers Compensation Claims
• 2002 – 2006 EEOC State and Local Government Surveys
• 2002 – 2006 US Census Bureau Annual Survey of Government Employees (E-4)
• 1996 – 2006 Idaho Occupational Employment & Wage Surveys
Regularly passed and approved on this 18th day of April 2017.
COUNTY OF BOUNDARY
BOARD OF COMMISSIONERS
s/__________________________
Dan R. Dinning, Chairman
s/___________________________
LeAlan L. Pinkerton, Commissioner
s/___________________________
Walt Kirby, Commissioner
Reviewed by and on advice of the Prosecuting Attorney this 18th day of April 2017.
s/_____________________________
JACK DOUGLAS, Prosecuting Attorney
I, the Clerk/Auditor of Boundary County, hereby concur with this order of disposition of records.
s/_______________________________________
GLENDA POSTON, Boundary County Clerk/Auditor
ATTEST:
s/
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #270352
There being no further business, the meeting adjourned at 11:30 a.m.
______________________________________
DAN R. DINNING, Chairman
ATTEST:
_________________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk