***Monday, August 2, 2021, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided. County GIS/Mapper Olivia Drake also joined the meeting.
Ms. Nelson and Ms. Drake discussed matters pertaining to addressing. Questions were raised regarding the addressing coordinator position and training in relation to the interim contracted Innovate employee currently in this position, as well as the future permanent addressing coordinator. Ms. Nelson and Ms. Drake informed Commissioners of issues they’re experiencing with training and addressing. Ms. Nelson will reach out to Dan Spinosa with Innovate to do a follow up. Commissioner Bertling said Innovate was contracted to learn the county’s addressing process in order to determine how it can best be streamlined so it is Innovate’s staff’s job to learn the county’s process. Ms. Nelson mentioned that the employee from Innovate is to go through processes to learn the county’s system. Ms. Nelson stated that it might be beneficial if the proposed applicant was to have a working interview in the field so they know what all is involved.
Ms. Nelson and Ms. Drake mentioned the status of updating the Addressing Ordinance. Ms. Nelson questioned if the Innovate staff member should introduce herself as a Boundary County representative to the public.
Ms. Drake left the meeting at 9:18 a.m.
Commissioners briefly reviewed the Road and Bridge report. Ms. Nelson said HMH Engineering is still coordinating the detour due to the work on Skin Creek Bridge. The project will go out to bid, but it’s not certain if the bridge will be completed this budget year. Ms. Nelson spoke of planning to pay for the project out of this year’s budget, but if not and the funds are carried forward, Commissioners will need to adopt a resolution to carry the funds over into the next budget year.
The agreement pertaining to the partnership with Alta Mill is being drafted and the improvements to Stage Coach Road should be done soon, and Road and Bridge is working on the lowered speed limit signs for certain roads.
Ms. Nelson spoke of needing to do work on their broom and other mechanical issues.
The meeting with Ms. Nelson and Mr. Morris ended at 9:25 a.m.
Commissioner Cossairt moved to sign Certificates of Residency for Emmaline Pinkerton, Sierra Petesch, Jaycee Atkins, Roger Duarte, and Olivia Pinkerton. Commissioner Bertling second. Motion passed unanimously.
Commissioner Bertling moved to approve Commissioner meeting minutes from the week of July 26, 2021. Commissioner Cossairt second. Motion passed unanimously.
9:33 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone.
Attorney Hull informed Commissioners that Planning and Zoning Administrator Clare Marley had forwarded him documents pertaining to Bill Michalk’s public hearing so he needs to get that send to Airport Manager Dave Parker. Attorney Hull mentioned that he’s working on the paving agreement with Alta Mill.
Attorney Hull said he spoke with Road and Bridge Department Co-Superintendent Renee Nelson and Prosecutor Andrakay Pluid about the Riverside Road Improvement Project. Attorney Hull mentioned that he’s going to have a phone call with the federal agency involved regarding the easement and whether or not the cost of relocating utilities is reimbursable. If this is a non-exclusive agreement, then costs are not reimbursable to the City of Bonners Ferry, but the federal agency involved is saying the original easement from the early 1900’s is showing as an exclusive easement. Attorney Hull said he looked at the document and there is no language that says it’s either and if there is no language, then it is not exclusive. Chairman Dinning said earlier on the City of Bonners Ferry had stated they would pay the cost for relocation, until they learned there was reimbursement so they want to be reimbursed. Prosecutor Pluid relayed that the city knew this was still a potential issue. The city has moved some of the poles themselves already at their cost. Chairman Dinning said as long as we have documentation from the city that they consider it’s non-exclusive. Attorney Hull said we do. This is a private contractual arrangement so the only parties who could object are the parties to the agreement; not the federal agency. If the city says this is exclusive and wants the other utilities out, that is a potential issue.
The call from Attorney Hull ended at 9:46 a.m.
Commissioner Cossairt moved to sign the FY2022 Indigent Defense Financial Assistance Award and Agreement for $26,011.00. Commissioner Bertling second. Motion passed unanimously.
Commissioners tended to administrative duties.
10:23 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to give the department report.
Commissioner Cossairt moved to adopt Resolution 2021-23. A resolution approving an interloan fund for the Solid Waste Department for the amount of $326,000.00. Commissioner Bertling second. Motion passed unanimously. Resolution 2021-23 reads as follows:
Boundary County
Resolution 2021-23
Interfund Loan- Solid Waste
Whereas, Boundary County is a political subdivision of the State of Idaho;
Whereas, the Board of County Commissioners, County of Boundary, State of Idaho, has the authority to act on behalf of the Boundary County;
Whereas, the Board of County Commissioners, County of Boundary, State of Idaho has the authority to grant authorization for the ownership and operation of solid waste department;
Whereas, from time to time equipment is purchased to run the solid waste landfill and at the current time an excavator is needed at the solid waste department to conduct business;
Whereas, the solid waste department is in need of financing for the cost of an excavator;
Whereas, Boundary County has a Solid Waste Landfill Closure Account with approximately 1.2 million dollars that a loan to the Solid Waste Department will not jeopardize the County’s Solid Waste Landfill Closure Account;
Whereas, the loan from the Solid Waste Landfill Closure Account to the Solid Waste Department will be repaid in four years with interest at the rate of 2.97% per annum; and
Whereas, it is in the best interest of the citizens of Boundary County to borrow funds from the Solid Waste Landfill Closure Account;
Now Therefore Be it Resolved that Boundary County Commissioners authorized the following:
Section 1: Authorization of Interfund Loan.
The Boundary County Solid Waste Landfill Closure Account (“Solid Waste Landfill Closure Account”) has sufficient funds to provide a loan of funds to the Boundary County Solid Waste Department (“Solid Waste Department”) to pay for the purchase of an excavator. The Boundary County Board of Commissioners finds that monies in an amount up to $326,000.00, would be available through an interfund loan to the Solid Waste Department from the Solid Waste Landfill Closure Account. Furthermore, the Commissioners find that the Solid Waste Landfill Closure Account is able to receive interest on the unpaid balance in an amount in excess of the interest rate that would otherwise be received on investments of the County, that providing these funds to the Solid Waste Department to pay costs of the project is in the best interests of the County.
Section 2: Terms of Interfund Loan.
The Boundary County Board of Commissioners hereby authorizes an interfund loan between the Solid Waste Department and the Solid Waste Landfill Closure Account. Transfers may be made from the Solid Waste Landfill Closure Account to the Solid Waste Department t on an as needed basis, up to the maximum amount of $326,000.00. Interest on the funds loaned from the Solid Waste Landfill Closure Account to the Solid Waste Department will be assessed interest at the rate of 2.97% per annum on the unpaid balance. In no event, shall the interfund loan extend beyond September 31, 2025, without additional action by the Boundary County Board of Commissioners.
Payments shall be made on the following schedule, it shall be the responsibility of the Solid Waste Department to insure that payments are made on or before the due dates. Invoices for payment will be generated from the Boundary County Treasurer’s Office.
First Payment November 1, 2021
Second Payment September 1, 2022
Third Payment September 1, 2023
Fourth Payment September 1, 2024
Final Payment September 1, 2025
Section 3: Conformance with State Laws
All actions and proceedings necessary for the issuance, sale and payment of the Loan, including the interest thereon, shall in all particulars be had in accordance and in conformity with the provisions of the Idaho Code.
Section 4: Severability
If one or more of the provisions of this Resolution shall be declared by any court of competent jurisdiction to be contrary to law, then said provision shall be null and void, and shall be deemed separable from the remaining provisions of this resolution, and shall in no way affect the validity of the other provisions of this Resolution.
Section 5: Non Appropriations
This Resolution is contingent upon the Solid Waste Department receiving the necessary funding to cover the repayment obligations to the Solid Waste Landfill Closure Account. In the event that such funding is not received or appropriated, then, and in that event, the Solid Waste Department's obligations to the Solid Waste Landfill Closure Account under this Resolution shall cease and the Solid Waste Department, by and through the County, shall be under an obligation to seek alternate financing or to make full repayment to meet its obligations to the Solid Waste Landfill Closure Account.
Section 6: Repealer
All resolutions or parts thereof in conflict herewith, to the extent of such conflict, are hereby repealed.
Section 7: Effective Date
This Resolution shall be in full force and effect immediately upon adoption.
ADOPTED by the Board of Commissioner for Boundary County, Idaho on August 2, 2021.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/______________________________________________
Dan Dinning, Commissioner
s/_______________________________________________
Wally Cossairt, Commissioner
s/________________________________________________
Tim Bertling, Commissioner
ATTEST:
s/_________________________________________________
Glenda Poston, Boundary County Clerk
Recorded as instrument #287947
It was said that these funds will purchase the excavator.
Mr. Skeen informed Commissioners the roll offs are scheduled to be in the county’s possession on November 8th.
Mr. Skeen said the roll off tarp system is to be shipped and once it’s received, it will be mounted to the truck and ready to go. Mr. Skeen said his request is to open the monitored sites back up six days per week and be closed on Sundays once the roll off truck is ready. Mr. Skeen explained that monitored sites in other counties are also only open two or three days per week.
The loader payoff is scheduled for February of year 2022 and the amount is approximately $48,000.00.
Those present clarified if Solid Waste fees are going to be increased. It was decided the proposed fee increase would be 4.9% above what is collected now.
Commissioner Cossairt moved to increase the solid waste fees by an amount of 4.9%. Commissioner Bertling second. Motion passed unanimously.
Those present discussed delinquent accounts owed to the landfill. Chairman Dinning commented on finding recyclable material mixed in with garbage when he visited the landfill.
The meeting with Mr. Skeen ended at 10:48 a.m.
There being no further business for the morning session, Commissioners recessed for the morning session until the afternoon at 1:30 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners opened the hearing to consider Variance Application #8-2021, to Road Standards Ordinance 2020-2, regarding an approach. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The hearing was recorded.
Chairman Dinning stated that the hearing needed to be continued as the survey is not done.
Commissioner Cossairt moved to continue the public hearing for Road Standards Ordinance 2020-2 Variance Application #8-2021, for Applicants Guthrie, Lucero, Booth, Stueve, and Maas, to Tuesday, August 17, 2021, at 2:30 p.m. at the County Annex. Commissioner Bertling second. Motion passed unanimously.
The hearing ended at 1:31 p.m.
Commissioners tended to administrative duties.
2:30 p.m., Courthouse Maintenance John Buckley joined the meeting to give the department report. Mr. Buckley said the contracts with Maria’s Cleaning Service have been signed. Mr. Buckley informed Commissioners that the front doors of the Courthouse are in poor condition and it will need to be addressed soon as they don’t always close properly.
Mr. Buckley discussed the fuse box in the lower level of the Courthouse. Logan Ensz with Ensz Electric came and took a look at the fuse box when he was in last week and it’s now ready to go. Commissioner Cossairt commented that it’s only if Mr. Ensz can get the parts. The cost to provide more power to the Courthouse is $9,500.00 to $10,000.00. Mr. Buckley said Mr. Ensz was talking about doing the work over Labor Day Weekend.
Mr. Buckley said he will start up the boiler around Labor Day for a bit at a time and when that happens he will have already replaced the thermostats. The motor in the air conditioning unit in the Assessor’s Office needs replaced so that is also getting done. Mr. Buckley said he’s working on the women’s restroom on the main level of the Courthouse and has the paint for the handrail outside.
Mr. Buckley said he did receive a bid from Alex Wedel for the sidewalk improvement project and he presented the information to Commissioners. This work cannot be done until next year, according to Mr. Buckley. Commissioners are unable to commit to a bid as it’s uncertain what prices will be next year. Clerk Poston suggested accepting the bid if costs end up being within 10% to 15% of the bid provided. Mr. Buckley said he would insert the tubes for glycol heat.
Mr. Buckley said he has phone calls into companies for striping the parking lots. Clerk Poston spoke about looking into striping the fair parking lot as well.
Mr. Buckley asked Commissioners the status of the ambulance bay that is connected to his maintenance shop. Commissioners said they had met with Boundary Ambulance Service (BAS) and Chief Jeff Lindsey had commented that he would check with his personnel to see if that bay is no longer needed and get back to Commissioners.
The meeting with Mr. Buckley ended at 2:50 p.m.
Commissioners tended to administrative duties.
3:00 p.m., Chief Probation Officer Stacy Brown joined the meeting to give the Probation Officer report. Ms. Brown listed the number of people on various forms of probation. The Probation Office is staying busy. The juvenile cases consist mostly of drug cases.
Ms. Brown said she might not attend the Idaho Association of Counties Probation Conference due to costs and training that she’s already received. If there is the opportunity to participate in the conference via Zoom, Ms. Brown said she would participate that way.
The meeting with Ms. Brown ended at 3:05 p.m.
Chief Deputy Clerk Nancy Ryals joined the meeting at 3:10 p.m.
Commissioners reviewed indigent related information.
Commissioner Cossairt moved to write off the following indigent accounts as the clients are deceased and left no estates: 2017-12 in the amount of $1,656.00, 2017-10 in the amount of $2,187.00, 2016-24 in the amount of $1,962.00, 2018-16 in the amount of $2,142.00, 2018-1 in the amount of $2,155.50, 2016-11 in the amount of $2,052.00, 2018-15 in the amount of $1,908.00, 2006-13 in the amount of $5,581.31, 2013-24 in the amount of $34,751.60, 2014-40 in the amount of $55,669.46, 2006-17 in the amount of $38,106.66, and 2010-12 in the amount of $9,455.92. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved write off the following indigent account as unable to collect: 2014-20 in the amount of $140.00. Commissioner Bertling second. Motion passed unanimously.
Commissioner Bertling moved to authorize cremation services for indigent 2021-10. Commissioner Cossairt second. Motion passed unanimously.
Chief Deputy Clerk Ryals left the meeting at 3:17 p.m.
3:20 p.m., Restorium Administrator Karlene Magee joined the meeting to give the Restorium report.
Commissioner Cossairt moved to accept the resignation of Brad Holifield from the Restorium Board effective immediately. Commissioner Bertling second. Motion passed unanimously.
Ms. Magee informed Commissioners that the state came by the Restorium to conduct an inspection and as a result, there are a few things she needs to address, such as the current call system. The quickest fix for that is to get a variance from the state by having the Restorium put in writing to the residents that the residents’ privacy will not be invaded. Ms. Magee said the second issue to address is that the Restorium cannot have residents with dementia mixed with residents who don’t have dementia and she listed various options she was given to remedy this. Those present discussed the increased price of a new call system through Bee Safe. Ms. Magee said this inspection was done by the Bureau of Facility Standards and Commissioners asked for a hard copy of the full report. Clerk Poston suggested Ms. Magee contact a facility in Coeur d’ Alene to inquire about the type of call system they use. Ms. Magee said one of the comments made was that the Restorium had one of the nicest and tidiest med carts the inspector has ever seen and he said the Restorium is doing a good job with infection control.
Ms. Magee said as it pertains to COVID-19, visitors to the Restorium are supposed to call one day in advance, get screened and wear a mask in the Restorium. Ms. Magee informed Commissioners that she has a meeting with Panhandle Health District regarding the COVID-19 delta variant.
The meeting with Ms. Magee ended at 3:57 p.m.
3:58 p.m., Personnel Director Pam Barton joined the meeting to discuss the county’s policy for light duty and workman’s compensation and to also discuss the proposed agreement with Boundary Community Clinic for workman’s compensation cases.
Ms. Barton commented that the cost for services is the going rate for Boundary Community Hospital. Those present reviewed the following forms: first report of incident, medical releases, restricted work duty, flow chart of processes, and the employee’s light duty form that is updated from one doctor’s appointment to the next. Clerk Poston suggested following up on matters affecting the county’s incident rating in relation to an employee getting paid less while on light duty. Chairman Dinning said he wants to be sure an employee is not harmed financially if they’re injured by no fault of their own. Chairman Dinning said he wanted to review the information further.
Commissioner Cossairt questioned if employees can appeal seeing the designated workman’s compensation doctor if they’ve had an issue with that doctor. Clerk Poston said there will be a choice in physicians at the designated clinic.
Ms. Barton left the meeting at 4:17 p.m.
There being no further business, the meeting recessed until tomorrow at 10:30 a.m.
***Tuesday, August 3, 2021, at 10:30 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
10:30 a.m., Airport Board Chairman Jay Wages and Airport Board member Rick Durden joined the meeting.
Those present discussed matters pertaining to thrust put out by the jet owned by Hilt Venture Capital. There had been concern about the power of the jet’s thrust, but it was said that Airport Manager Dave Parker detected very little thrust. The information given to Commissioners at the last meeting listing concerns about thrust pertained to an aircraft that was a lot bigger. It was said the Airport Board doesn’t feel that thrust is really an issue. Chairman Dinning asked if there is an expectation from Hilt that assistance from the airport will be provided at all hours. Mr. Durden said there will be no special treatment. The pilot for this company said they want to be treated like everyone else. Mr. Durden said if the lease is written like other leases, everyone is treated the same. If there is snow, that runway is too short for the jet to take off and you cannot have slush or snow on the runway. Once you have contamination on the runway, the distance of the runway is decreased, according to Mr. Durden. The Board’s recommendation was to approve the hangar project.
Mr. Durden said the Board gave a recommendation on June 1, 2021, to sign the ground/hangar lease agreement. Chairman Dinning suggested clarifying the verbiage of “board” as far as the Airport Board versus Board of County Commissioners.
Commissioner Cossairt said if there is slush on the runway, how to do you stop a pilot from taking off? Mr. Durden said you cannot and he added that if someone sees a plane or pilot doing something reasonably wrong, you call the Federal Aviation Administration (FAA) about it. The Airport Board cannot enforce whether or not a pilot complies. The pilot in command is responsible to look at conditions of the wing as far as snow and decide whether or not to take off. Commissioner Cossairt asked about the pilot’s ability to complain about the airport not clearing snow. Mr. Durden said the FAA will defer to the airport as far as clearing snow. Mr. Wages said they’ve addressed that issue with the pilot. Mr. Durden said the real enforcer is the aircraft insurer. What the insurance company requires is above and beyond what the FAA requires. The aircraft has to be flown carefully, otherwise the insurance company will not provide coverage, according to Mr. Durden.
Commissioner Bertling said he doesn’t like that the hangar is a drive-through hangar and it deviates from the airport plan and sets a precedent. Mr. Wages spoke of this hangar and explained that it’s not affecting the master plan. Mr. Durden provided a brief history of drive-through hangars and he said from his perspective, he’s not terribly worried about it. In the future, there will be an attractive hangar for someone. As far as self fueling, this caused the Airport Board to review the process and put safety conditions into place because you have to allow it. The rules to follow are the National Fire Prevention rules. It was said that there is not enough space to put in a fuel farm and meet setbacks. Hilt won’t be self-fueling and there is a setup for the pilots who do.
Mr. Durden was asked to explain his professional background in aviation and aviation law. Mr. Durden commented on being given an award from the FAA for aviation safety and he said the Boundary County Airport is the best airport; giving credit to Airport Manager Dave Parker.
Commissioner Cossairt moved to approve the preparation of the proposed hangar/ground lease agreement for Hilt Venture Capital. Commissioner Bertling second. Motion passed unanimously.
Mr. Wages spoke of funding for a land purchase and a rotating beacon, but that the amount of funding is not certain. Chairman Dinning commented on the road that can be given for the Howard property and get rid of the 60-foot easement.
Sheriff Dave Kramer joined the meeting at 10:52 a.m.
Chairman Dinning said the county owns property to the road, which provides access.
Mr. Wages and Mr. Durden left the meeting at 10:56 a.m.
Sheriff Kramer explained working with Ben Wolfinger on improving jail issues. The cost of the assessment is $8,500.00. The initial assessment is looking at where we currently are at and the issues. If funds are available, it could help tackle heating and air conditioning (HVAC) issues.
Sheriff Kramer briefly mentioned the roof leak experienced due to recent rain.
Sheriff Kramer spoke of retired Kootenai County Sheriff Ben Wolfinger and of having worked with him for 30 years. Mr. Wolfinger will be contracted as the consultant through Performance Leadership Institute to assess proposed Boundary County Jail improvements.
10:58 a.m., Undersheriff Rich Stephens joined the meeting.
Sheriff Kramer asked if there are any funds available from the county surplus property auction that could go toward the cost of the assessment. Clerk Poston asked about the timeline of the assessment. Sheriff Kramer mentioned it could be sometime in August. Clerk Poston said that is within this budget year.
Sheriff Kramer said it would be better to not have a contractor-driven assessment. Undersheriff Stephens added that it would feel like a sales driven assessment. Mr. Wolfinger will analyze growth trends, look at all options with the future in mind, immediate and down the road.
Commissioner Cossairt said the county should have the study done. Chairman Dinning questioned funding. It was said if the county spends $8,500.00, how badly will it affect carry forward. Clerk Poston said she will take revenue sharing and put it in current expense. This contract would be paid out of professional services. Commissioners agreed.
Commissioner Cossairt moved to enter into an agreement with Performance Leadership Institute for a jail assessment agreement scope of work for an amount of $8,500.00. Commissioner Bertling second. Motion passed unanimously.
Commissioners stated for the record that they are choosing not to request the community awareness/campaign program option listed in the agreement.
The meeting with Sheriff Kramer and Undersheriff Stephens ended at 11:10 a.m.
Commissioner Cossairt moved to adopt Resolution 2021-24. A resolution increasing the Justice Fund Sheriff budget due to receipt of unanticipated revenue. Commissioner Bertling second. Motion passed unanimously. Resolution 2021-24 reads as follows:
RESOLUTION 2021 -24
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 2020-2021, and
WHEREAS, Boundary County has received $2,715.90 from the State of Idaho, Department of Transportation as reimbursement for distracted driving education, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2020-2021, 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 Revenue Account Number 08-00-0391-0018 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-407-00, Salaries - Overtime, in the amount of $2,715.90, and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Number 08-00-0391-0018 and the Boundary County Justice Fund Sheriff Budget Expense Account Number 08-02-407-00, Salaries – Overtime, in the amount of $2,715.90 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 3rd day of August, 2021.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/___________________________
Dan R. Dinning, Chairman
s/____________________________
Wally Cossairt, Commissioner
s/____________________________
Tim Bertling, Commissioner
ATTEST:
s/______________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #287948
Commissioners tended to administrative duties.
Commissioners recessed for lunch at 11:55 a.m.
1:30 p.m., Commissioners met in afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners held a public hearing at the County Annex to consider Planning and Zoning Application #21-0114, filed by Applicants Ken and Lois Weakly. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Applicants Ken Weakly and his step-mother Lois Weakly, and Fay Almond. The hearing was recorded.
Chairman Dinning reviewed the hearing procedures. Nobody had questions of the procedures.
Chairman Dinning opened the hearing. Commissioners cited no conflict of interest.
Mr. Weakly, resident of 3408 North 6th Street, Coeur d’ Alene, said the proposal is to divide the 10-acre parcel that Ms. Weakly resides on into two, five-acres parcels so he can relocate to this area to help her out and do maintenance on the property. Mr. Weakly said his father purchased this property in the 1970s and it’s been in Ms. Weakly’s name the entire time. The goal is to allow Ms. Weakly to live on the property for as long as she can. The property is remote from healthcare, but Mr. Weakly said he and his wife are healthcare providers. The goal is to keep all of the property for as long as possible. The reason for wanting to divide the property is because the future is unknowable. He’s always wanted to live in this area since his dad purchased the property. There are four non-conforming lots nearby zoned as agriculture/forest and this property doesn’t have any rural or suburban zoning nearby. The goal is to keep the property in the family and have assurance against future disaster, should that occur.
Ms. Marley explained that both the Comprehensive Plan and zoning map need to be changed and they need to be in sync with each other. The Planning and Zoning Commission recommended denial of the application based on surrounding properties not being zoned similarly. Ms. Marley showed Commissioners a map of the area on a screen and she explained where the Comprehensive Plan and zone map don’t align. The surrounding uses were listed. Ms. Marley said as a general rule, she sent the Weakly’s application to various agencies for comment and no written or public comments were received.
In the requirements, Commissioners need to determine accordance with Comprehensive Plan policies and that is what led Planning and Zoning to recommend denial. Pages 9 and 10 of Commissioners’ hearing packet list conditions to consider.
Chairman Dinning said when talking about the suburban zone to the west, it shows on the Comprehensive Plan map, but not the zoning map. Is this Comprehensive plan map an approved document? Ms. Marley said she assumes it’s the approved map.
Commissioner Cossairt questioned if the parcel to the west that is zoned suburban is one large parcel. Ms. Marley said there are six parcels in the suburban zone. Chairman Dinning clarified that this is at the Good Grief junction at Highway 95. Ms. Marley reiterated that there are six separate parcels.
Commissioner Bertling said looks like this area could be rezoned suburban at some point in time.
The hearing was opened to public testimony.
Commissioners asked for public comment from those in favor of the application, followed by uncommitted and opposed. No one spoke.
In closing, Mr. Weakly reminded Commissioners that the purpose of the application is to protect against the future. The Planning and Zoning Commission had a good idea about him moving up to the area, but that doesn’t protect his or Ms. Weakly’s assets should something happen. That is the goal of dividing the lot.
Commissioners closed the hearing to further testimony.
Commissioners reviewed the information before them.
Commissioner Cossairt said on one side of the property you have small lots and on the other you have large lots, as well as the national forest. Chairman Dinning said to the west it appears there will be the ability for much smaller lots. Excluding the national forest, there are other smaller lots around the subject parcel. In looking at the staff report, page 5, it states that in Boundary County Land Use Ordinance Section 18.1.2., it provides the authority for all Boundary County property owners to apply for a zone change, in which no specific use is identified, but wherein such zone amendment would better serve those property owners affected. Chairman Dinning said the applicants are the affected property owners. There was no public comment given at the hearing. Chairman Dinning said he doesn’t think two, five-acre parcels will create a precedent as it’s next to a suburban zone.
Chairman Dinning asked what the reason was for the Planning and Zoning Commission’s denial. Ms. Marley said the reason was accessibility and transportation limits, the difference in other lots, established uses around the subject property, concern about it being a spot zone, and concerns about limits of water and utilities. It was said some issues might be solved with an accessory dwelling unit or conditional use permit. Ms. Marley said it’s not unusual to have the Comprehensive Plan differ from the zone map and she listed reasons why. Commissioner Bertling said his only concern is setting a precedent where it doesn’t make sense, but with the size of the lots and the Comprehensive Plan, he personally doesn’t see a problem with the request. Commissioner Cossairt said he feels the same as Commissioner Bertling due to the lots to the west.
Commissioner Cossairt moved to approve the request to amend the Boundary County Comprehensive Plan from Agriculture/Forestry to Rural Residential, File 21-0114, finding that the proposal is in accord with the Comprehensive plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written, or as amended, and to direct staff to prepare a written decision and Comprehensive Plan map amendment resolution for Board consideration. Commissioner Bertling second. Motion passed unanimously.
Ms. Marley informed Commissioners that she will include Commissioners’ statements about the lot sizes to the west in the Findings and Decision. Chairman Dinning asked Ms. Marley to also mention the Comprehensive Plan map designations as well.
Commissioner Cossairt moved to approve the request to amend the official zoning map from Agriculture/Forestry to Rural Residential, File #21-0114, finding that the proposal is in accord with the Comprehensive Plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the findings and conclusion as written, or amended, and to direct staff to prepare a written decision and zoning ordinance for Board consideration. Commissioner Bertling second. Motion passed unanimously.
The hearing to consider Planning and Zoning Application #21-0114 for Lois Weakly and Ken Weakly ended at 2:02 p.m.
2:30 p.m., Commissioners held a hearing at the County Annex for Planning and Zoning Application #21-0132, a Comprehensive Plan and zone map amendment filed by Michael and Laurie Naumann. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Barry Simmons, Dave Erickson, Walt Neu, and Kim Neu. The applicant was not present. The hearing was recorded.
Chairman Dinning reviewed the hearing procedures. Commissioners had no conflict of interest.
The application is to amend the Boundary County Comprehensive Plan and zoning maps from Agriculture/Forestry to Rural Residential for a six-acre portion of a 40-acre parcel to allow the six acres to be divided from the larger parcel.
The applicant was not present to give an opening statement. Ms. Marley provided the staff report. The applicant is represented by Tom Bushnell, who is not present. The applicant would like the property zoned rural residential. It first read as a 40-acre rezone with a focus on the six acres. Opposition to the application lessened once it was learned it was only six acres being considered. The property is U shaped and it’s in the Agriculture/Forest zone, but it touches the Rural Residential zone. The applicant only wants the six acres to be rezoned and Barry Simmons is the potential buyer of this parcel. Ms. Marley listed nearby zone designations and she said there are plans for a shared easement off Ranger Road.
Ms. Marley said Panhandle Health District doesn’t have information on this application yet. There were a number of comments from people and comments provided in writing. There was concern about private road maintenance, additional traffic and how nearby neighbors were not allowed a zone change when they had requested one. The Planning and Zoning Commission recommended approval of the application once they heard comments that people were less concerned as it was only six acres.
Commissioner Cossairt said there is a parcel to the east that is three acres. Ms. Marley commented that one additional comment came in after the hearing from the Maggis.
Commissioners opened the hearing to public testimony.
Speaking in favor of the application was Barry Simmons. Mr. Simmons said he lives on the six acres right now, at 296 Ranger Road and it’s important to understand he has a signed contract with the Naumanns for the property. Mr. Simmons mentioned that he purchased the six acres last November of 2020, and in that purchase, it included the property and the house on it. Mr. Simmons added that he purchased a septic system, electrical utilities and he has a water right. Mr. Simmons commented that he’s been living at this property for a little over one year now and before he purchased it, the Naumanns rented it out and people were coming and going. Mr. Simmons said he’s in favor of the application and he was impressed with Planning and Zoning. At one point everyone understood the history of the property, how it had been occupied for quite from time and improvements have been made and will continue to be made. Mr. Simmons explained that no deed has been recorded for his purchase of the property. In the contract agreement, the property was to go through the proper process of changing the zone to rural residential. So that is the goal and where we are today.
Commissioner Bertling said Mr. Simmons wouldn’t have a new parcel number until this process was approved.
Speaking uncommitted was Dave Erickson, Ranger Road. Mr. Erickson said he’s not opposed to Mr. Simmons buying this subject property, but he’s concerned about the 15-foot easement. If the Naumanns decide to develop the property to the south of him, he doesn’t want any more people on his road than there are right now. If the Naumanns develop the 40 acres into more five-acre parcels, that could be a lot of people. If there are plans to develop the 15-foot easement, that’s not going to work for Ranger Road. Chairman Dinning said this is specific to the six-acre parcel. Mr. Naumann has the ability to develop the rest of the property into 10-acre pieces and anything smaller would require a public hearing where Mr. Erickson could comment on that.
Kim Neu explained that she has lived in her home for 40 years and she commented on having an issue with 10-acres. The six acres had already been planned prior to Planning and Zoning. There were plans to build prior and that is what she has issue with. Ms. Neu explained that she has 20 acres and had given her brother 10 acres and kept the remaining 10 acres. Ms. Neu said she was not able to go to Planning and Zoning to do what she wanted to so why could someone else do it? Chairman Dinning suggested Ms. Neu visit with Ms. Marley again about that. Ms. Neu said former Planning and Zoning Administrator John Moss would not approve her request. Chairman Dinning said as far as this application, does Ms. Neu have issues? Ms. Neu said she doesn’t have an issue with Mr. Simmons buying the property.
Ms. Marley commented that neighbor Lois Drake was opposed to the application.
Commissioners closed the hearing to further testimony.
Chairman Dinning said due to surrounding properties, he doesn’t have a problem with the application. Commissioner Bertling said he also doesn’t have an issue.
Commissioner Bertling moved to approve the request to amend the Boundary County Comprehensive Plan from Agriculture/Forestry to Rural Residential for a 6-acre portion of the 40-acre parcel, File #21-0132, finding that the proposal is in accord with the Comprehensive Plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written, or amended, and to direct staff to prepare a written decision and Comprehensive Plan map amendment resolution for Board consideration. This action does not result in a taking of private property. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Bertling moved to approve the request to amend the official zoning map from Agriculture/Forestry to Rural Residential for a 6-acre portion of the 40-acre parcel, File #21-0132, finding that he proposal is in accord with the Comprehensive Plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written, or amended, and to direct staff to prepare a written decision and zoning map amendment ordinance for Board consideration. Commissioner Cossairt second. Motion passed unanimously.
The hearing ended at 2:53 p.m.
3:00 p.m., Commissioners held a public hearing at the County Annex to consider Planning and Zoning Application #21-0126, an application for a county zoning map and comprehensive map update. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Ron Sukenik, Ty Iverson, Andrakay Pluid, Shannon Heim, and Terry Snow. The hearing was recorded. Commissioners reviewed the public hearing procedures. Commissioner Cossairt and Commissioner Bertling said they had no conflict of interest. Chairman Dinning explained that he has a conflict with the parcel belonging to Tungsten Holdings.
Ms. Marley gave the opening statement and said the Planning and Zoning Commission was working on bringing forward an updated zoning map and they found that a dozen parcels were missed and didn’t have any zoning. Ms. Marley said she worked with County GIS Mapper Olivia Drake on an approach for these, ownership of the parcels and what an appropriate zone designation would be. Ms. Marley said there are also some submerged lands included as well as a few de-annexations that were never mapped, such as to the east of Bonners Ferry as well as Moyie Springs. Notices of the hearing were sent to 12 different landowners. Ms. Marley presented a draft updated map and explained processes.
Ms. Marley said a portion of an island owned by Ty Iverson, Parcel RP62N01E243612A, did not receive zoning. This parcel would become Prime Agriculture. Next is Russell Day’s property, Parcel #RP62N01E260760A, which is proposed for Residential. Prime Agriculture is also be proposed for William Reid’s property, Parcel #RP64N01W241350A. The property owned by Russell Maas, Parcel #RP62N02E153160A, was left out and is proposed to be Residential. Next is an island designation for Parcel #RP62N02E303150A owned by LMJPNP, LLC., and the proposed zoning is Prime Agriculture. Ms. Marley said Tungsten Holdings has property, Parcels #RP63N01E314360A and #RP63N01E314960A, and the proposed zoning is Prime Agriculture, but at the Planning and Zoning Commission meeting in June, zoning for these parcels was requested to be Rural Residential based on the lots. Kirk Youngers’ property, Parcel #RP62N02E214210A, is proposed to stay in the Agriculture/Forestry zone.
The properties owned by Ron and Leanne Sukenik, Parcels #RPB00000267900A, RPB00000267800A, RPB00000267600A, and RPB00000267201A, was designated for Rural Residential zoning, but the process was never completed so it has now included in this application.
Ms. Marley presented a slide listing the various agencies the notice of public hearing was sent to. The Planning and Zoning Commission received oral testimony from Tungsten Holdings and Mr. Sukenik pertaining to their respective properties. The Planning and Zoning Commission looks at all zone changes and determines if they’re in accordance with county policies.
Chairman Dinning thanked Ms. Marley and the Planning and Zoning Commission for locating and addressing these missing parcels. Chairman Dinning asked for comments from members of the public.
No one spoke in favor of the application.
Mr. Sukenik spoke uncommitted and said his concern, which was addressed in writing, is that the properties to the west of him are 100% in the flood plain. Originally that was a concern, but he believes the Planning and Zoning Commission added language in reference to building in a flood plain and that was pretty much what he wanted to address. Mr. Sukenik commented that he doesn’t know if that has been done. Chairman Dinning said that would probably be addressed outside of this hearing setting as this is about the zoning map.
Terry Snow informed Commissioners that Ty Iverson farms his land and he added that he doesn’t see any problem with the recommendations at all. It’s always been difficult to know what to do in situations like this. Mr. Snow raised concerns about ingress and egress. Ms. Marley said this property shown in white was upland and was not zoned so the county is choosing to make it a Residential zone. It was said this zoning doesn’t seem to cause any problems.
Mr. Sukenik said on the first map to the left it says #1 parcel, etc. It was clarified that the upper half of the island listed as #2 is in Mr. Iverson’s ownership.
No one spoke in opposition to the application.
Commissioner Cossairt and Commissioner Bertling had no problems with the application.
Mr. Snow said when his dad donated the property for the ballfields, Pete Wilson wrote up the deed and he mentioned there being a provision that the property reverts to him if it’s used for purposes other than a ballfield and he’s guessing that is still in effect as the agreement has never been terminated. Mr Snow mentioned that it was a gift deed from the city to the county.
Commissioners closed the hearing to public comments.
Commissioner Cossairt moved to approve the request to update the Boundary County Comprehensive Plan map to show the approved Comprehensive Plan changes and deannexations and to provide comprehensive plan designations for parcels that were overlooked due to proximity to water, File #21-0126, finding that the proposal is in accord with the Comprehensive Plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written, or amended, and to direct staff to prepare a Comprehensive Plan map amendment resolution and written decision for Board consideration. This action does not result in a taking of private property. Commissioner Bertling second. Motion passed unanimously.
Chairman Dinning stated for the record that he has abstained from making a decision regarding the Tungsten Holding property.
Commissioner Bertling moved to approve the request to update the Boundary County official zone map to show approved zone changes and deannexations and to provide zoning for parcels that were overlooked due to proximity to water, File #21-0126, finding that the proposal is in accord with the Comprehensive Plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written, or amended, and direct staff to prepare a zoning map amendment ordinance and written decision for Board consideration. This action does not result in a taking of private property. Commissioner Cossairt second. Motion passed unanimously.
Chairman Dinning stated for the record that he has abstained from making a decision pertaining to the property owned by Tungsten Holdings.
The public hearing to consider Planning and Zoning Application #21-0126 ended.
There being no further business, the meeting adjourned.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk