Commissioners' Meeting Minutes - Week of April 29, 2024

***Monday, April 29, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., County Civil Attorney Bill Wilson joined the meeting. Commissioners and Attorney Wilson discussed various topics. The meeting with Attorney Wilson ended at 9:40 a.m.

Commissioner Cossairt moved to sign the Independent Contractor Agreement with Family Flooring for the new Assessor’s Office. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Independent Contractor Agreement with Panhandle Pest Control. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Federal Aviation Administration Outlay Report and Request for Reimbursement for Construction Program for Airport Improvement Project #3-16-0004-023-2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to appoint Robert Kent to the Boundary County Translator District Board with a term to expire March 2027. Commissioner Robertson second. Motion passed unanimously.

10:00 a.m., County Outside Auditor Scott Hoover with Hoover CPA joined the meeting to review the county’s fiscal year 2023 audit with Commissioners and Clerk Poston. Treasurer Jenny Economu joined the meeting.

Those present reviewed chapter information of the audit. Mr. Hoover said there are no reportable deficiencies in internal controls and it is a clean audit.

The meeting with Mr. Hoover ended at 10:48 a.m. Treasurer Economu left the meeting.

10:50 a.m., Jerry Higgs briefly stopped by Commissioners’ meeting to discuss matters pertaining to taxing districts in relation to working with fire associations. Mr. Higgs left the meeting at 10:55 a.m.

Commissioners tended to administrative duties.

Commissioners recessed for lunch.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Road and Bridge Department Superintendent Brad Barton and Assistant Adam Ryals joined the meeting to give the department report. A written report was submitted and Mr. Barton reviewed work being done. Various upcoming training courses for Road and Bridge employees were discussed.

Mr. Ryals asked about the status of Winter Road. Road and Bridge trucks turn around there, but they do not maintain this road. There is no question about the easement, just questioning this road being on the county road map as being maintained. It’s not a county road and Road and Bridge will notify Assessor Drake in order to have it removed from the county’s map.
It was said that HMH Engineering has started the validation process for Labrosse Hill Road. Road and Bridge will work with Attorney Wilson and they will notify residents on that portion of road.

Discussion was held about having work done to the crusher by Modern Machinery followed by having Kimball Equipment come up to fix what the other company could not fix.

Mr. Ryals said he is going to look into the Surface Transportation Program Rural (STPR) for the purpose of obtaining funds for Parker Canyon. Chairman Bertling asked the status of Smith Lake Road and Mr. Barton said HMH Engineering is still working on the design. They’re hoping to redo the portion of this road from the highway to the bottom of the hill, which is the easier portion to do.

The meeting with Mr. Barton and Mr. Ryals ended at 1:57 p.m.

2:00 p.m., Boundary County Airport Manager Dave Parker met with Commissioners to discuss quotes for farming portions of airport property. Mr. Parker said he will notify the interested parties of the outcome and work with the county civil attorney on a new agreement.

The meeting with Mr. Parker ended at 2:02 p.m.

Courthouse Maintenance Squire Fields contacted Commissioners via telephone to inform them of an issue involving the RV dump station near the fairgrounds. The issue is the valve and it will cost $800.00, which will come out of the budget for Parks and Recreation. The call to Mr. Fields ended at 2:05 p.m.

Commissioners received a telephone call from Adrienne Norris inquiring about the ballot box located outside of the Courthouse. Commissioners mentioned that the box had already been placed outside. Ms. Norris asked about a locking mechanism on the box during the night as that is when issues occur. Commissioner Robertson said what is the point when people can stuff the post office box? Ms. Norris said she just wants to know if the county is going to lock the slot section of the ballot box at night and she added that ballot boxes are being stuffed at night in numbers from one ballot box to another and from one county to another, so why not take extra precautions, especially when it’s been proven to have happened in the 2020 elections. Clerk Poston questioned what the point is of doing that when the post office is right across the street and is on video. If the county locks the ballot box, it is prohibiting handicap accessibility. A comment was made about keeping track of the number of people who use the ballot box. Clerk Poston said the request was made to put a ballot box outside of the Courthouse and have it on camera, so that is what she did. Clerk Poston added that she can stand in her office and see the ballot box as well as also see the post office. Ms. Norris said she just wants to let the people know and she commented on the number of views the ballot box is getting. Chairman Bertling said locking the box is then denying someone in a wheel chair from having access from voting. Ms. Norris said she just wants to know if the county is allowing 24/7 accessibility and she asked if there is still going to be a ballot box in the Clerk’s Office. Clerk Poston said the ballots are turned in to her office and they’re recorded that day that they were received, then they’re put in a ballot box and that box is reconciled for balancing purposes. Clerk Poston said her office does a weekly balance as far as ballots that come in. Ms. Norris asked if it’s in public view. Is the camera only on the outdoor ballot box and not the Clerk’s Office? Clerk Poston said that was correct.

The call from Ms. Norris ended at 2:20 p.m.

Commissioner Cossairt moved to write a letter to the City of Bonners Ferry to notify them the county authorizes boring underneath the county’s property and parking lot behind the Courthouse in order for Ziply Fiber to complete work for their 911 project. Commissioner Robertson second. Motion passed unanimously.

There being no further business, the meeting recessed until tomorrow at 1:30 p.m.

***Tuesday, April 30, 2024, at 1:30 p.m., Commissioners met in regular session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Commissioners held the continuation of the public hearing for Planning and Zoning Filed #24-0047, flood code text amendment for Boundary County. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Ben Jones, and Contract Planner Clare Marley. The hearing was recorded.

Chairman Bertling reviewed the public hearing procedures. Commissioners cited no conflict of interest.

Ms. Marley provided a staff report and provided a background of the county’s flood prevention code as being a stand-alone ordinance. Today, the proposal is the replacement of Ordinance 2015-1, Boundary County’s Flood Damage Prevention Ordinance with the proposed new ordinance. Ms. Marley said flood codes can stand alone and be heard only by Commissioners as opposed to land use codes, which can be heard by the Planning and Zoning Commission as well.

Ms. Marley provided a recap of having worked with the Federal Emergency Management Agency (FEMA) on what needs to be done and added to the 2015 code. Conflicts were found and Ms. Marley said she was in the midst of working on rectifying the conflicts when state legislature changed the code section on irrigation. Ms. Marley’s presentation included Power Point slides regarding floodways, flood hazard areas, etc. Boundary County doesn’t have a lot of mapped flood plains, according to Ms. Marley.

The ordinance provides definitions, a basis for the floodplain and regulations, administrative procedures, development permitting and standards, appeal and variances processes, exceptions for low-cost accessory structures, a violation process, establishment of penalties as a misdemeanor, civil remedies, severability, and an effective date.

The proposed for the new ordinance is adding mud slides as a flood event when it hadn’t been included before. Technical bulletins are written by FEMA over time with information and that is now explained in the new code. Penalties remain as a misdemeanor and are unchanged. The proposal allows for revocation for violations, stop work orders, language, etc. and corrective action is set. The proposed new ordinance language assigns variances to commissioners and also expressly lists development in the standard. New mobile home parks or subdivisions will need an evaluation plan. Ms. Marley explained repairs and remodels, new exceptions for elevating lot-cost accessory structures of $7,500.00 or less, standards for gas/liquid storage tanks are added, walls or fences that could block floodwaters are addressed, new subdivision plat notes are required, and crawlspace standards. Ms. Marley reviewed crawlspace standards and considerations. The new proposed ordinance addresses low cost exceptions and discusses sheds. Freeboard information for Boundary County is one foot above flood base elevation. Ms. Marley’s staff report included mention of insurance rates, 30-year comparison of flood rates, and following the Idaho State Disaster Preparedness Act for notification. Public notice for this hearing went to the Bonners Ferry Herald and was routed to various agencies with only FEMA and the Idaho Department of Water Resources (IDWR) responding. The state’s new code was signed into law and became effective March 25, 2024. The change amended the state disaster preparedness code acting flood plain ordinances. Commissioner Robertson questioned flooding fields and sprinklers on a pivot. Commissioner Robertson also asked about RVs and questioned if someone has to talk to the flood plain administrator prior to planning to place an RV on site. Ms. Marley said if the RV is temporarily on site for less than 180 days and it is fully licensed to move, then no, but if it’s a tiny home or park model trailer, the person would need a permit. A permit would still be needed, but they could come and go. Commissioner Robertson said people will put campers along the dike to go camping, so will they be required to get permit if it’s less than 180 days? Ms. Marley said no. Commissioner Robertson asked how grain bins with heaters fall into play. Ms. Marley said she talked to FEMA about bins that don’t have permits and the y have to show that the bins are reasonably safe from flooding. Planning and Zoning can fill out those permits, but it might be on a case by case basis.

Ms. Marley said the downtown area is in Flood Zone B, which is a 500-year flood.

Commissioners did not receive any public comment as no one from the public was present.

Commissioner Cossairt moved to approve the request to repeal the current flood damage prevention code known as Flood Damage Prevention Ordinance 2015-1, and adopt a new Flood Damage Prevention Ordinance, File #24-0047, finding that the proposal is in accord with the authority granted to the County by the State of Idaho under the State Disaster Preparedness Act, and based upon the findings as written in the staff report (or as amended). I further move to direct staff to prepare written findings, a decision letter, ordinance, and ordinance summary for the Board of Commissioners’ consideration. Commissioner Robertson second. Motion passed unanimously.

The hearing to consider Planning and Zoning Application #24-0047 ended at 2:05 p.m.

Commissioner Cossairt moved to approve the minutes for the week of April 22, 2024. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the plat maps for Hostetler’s replat of Lots 1 and 2 of Schrock Acres and the amended plat map for Chris Copley. Commissioner Robertson second. Motion passed unanimously.

2:30 p.m., Idaho USDA Wildlife Services Specialist Shane Robinson, District 1 Idaho Animal Control Board of Directors for Boundary County George Hays, and Max Martell with Idaho USDA Wildlife Services joined the meeting.

2:30 p.m., Mr. Robinson introduced Mr. Martell to Commissioners. Mr. Martell has been hired as a bear fencing technician, geared toward grizzly bears, but he can address black bears as well. Mr. Martell will come in and help fence areas to help prevent future losses and he works under the Wildlife Services, but he also works with Rob Morris with Idaho Fish and Game and Austin Terrell with the Idaho Office of Species Conservation. Fencing will be discussed at this evening’s 4H meeting, according to Mr. Robinson. It was said that Darcy Lammers mentioned there were monies for producers as well, such as large operations. Mr. Robinson said for larger projects, they do a cost share. Mr. Robinson said lion problems are on the upswing in Bonner County, but not in Boundary County. There are a lot of lion problems in Clearwater County and a lot of sightings in the Blanchard and Spirit Lake areas, as well as the Idaho Washington border. Mr. Hays said wolf numbers are down. Those present briefly discussed various lawsuits in relation to grizzly bears. Mr. Robinson said he appreciates the county’s support. Mr. Hays asked if Commissions plan on budgeting $6,000.00 for Mr. Robinson’s position and Commissioners said yes.

The meeting with Mr. Robinson, Mr. Hays and Mr. Martell ended at 2:50 p.m.

There being no further business, the meeting adjourned at 2:50 p.m.

_____________________________________
TIM BERTLING, Chairman

ATTEST:

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

Date: 
Tuesday, May 21, 2024 - 18:00
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