***Monday, July 29, 2024, at 9:00 a.m., Commissioners met in regular session with Commissioner Wally Cossairt, Commissioner Ben Robertson, and Clerk Glenda Poston. Chairman Tim Bertling was out of the office tending to other matters.
Commissioner Cossairt moved to appoint Commissioner Robertson acting chairman in the absence of Chairman Bertling. Commissioner Robertson second. Motion passed unanimously.
Commissioners said the Pledge of Allegiance.
9:00 a.m., Restorium Administrator Janay Smith provided a Restorium Department report. Discussion regarding community service workers took place. Ms. Smith also discussed weekly outings and the length of time for the residents to be away from the facility. The current resident count is 31, with one new admission this week and one resident will be discharged this week. Ms. Smith mentioned she had reviewed the budget and noticed that overtime was over limit. She has received her approval for dispensing of medications to the residents. Ms. Smith mentioned that she’s talked with Attorney Wilson regarding county benefits and having a release form for employees to sign if they don’t want benefits. Attorney Wilson said he would l explore that option, according to Ms. Smith.
The meeting with Ms. Smith ended.
9:30 a.m., County Civil Attorney Bill Wilson joined the meeting to update Commissioners on various topics, concerning Road and Bridge. Attorney Eric Anderson joined the meeting representing Dan and Linda DeHart.
Commissioner Cossairt moved to adopt Resolution 2024-36. A resolution amending the Boundary County official comprehensive plan designation from Commercial/Light Industrial to Rural Residential for two parcels owned by Daniel and Linda DeHart that are the subject of Planning Department File #21-0056. Acting Chairman Robertson yielded the chair to second. Motion passed unanimously. Resolution 2024-36 reads as follows:
BOUNDARY COUNTY, IDAHO RESOLUTION 2024-36
A RESOLUTION OF BOUNDARY COUNTY, IDAHO,
AMENDING THE OFFICIAL COMPREHENSIVE PLAN MAP DESIGNATION
FROM COMMERCIAL/LIGHT INDUSTRIAL TO RURAL RESIDENTIAL
DANIEL AND LINDA DEHART, FILE #21-0056
WHEREAS, the Boundary County has the authority pursuant to Idaho Code §67-6509 to amend its Comprehensive Plan; and
WHEREAS, any person may petition the governing board for a plan amendment at any time, pursuant to the Idaho Local Land Use Planning Act and local land use law; and
WHEREAS, Daniel L. and Linda M. DeHart submitted an application to amend the Boundary County Comprehensive Plan Map land use designation from Commercial/Light Industrial to Rural Residential for two parcels known as RP62N01E232414A & RP62N01E232413A, totaling about 10 acres on Sunrise Road, north of the City of Bonners Ferry, in Section 23, Township 62 North, Range 1 East, B.M.; and
WHEREAS, Boundary County Planning and Zoning Commission conducted a duly noticed public hearing on March 25, 2021, and recommended approval, and the Boundary County Board of Commissioners conducted a duly noticed public hearing on August 17, 2021, and approved the request; and
WHEREAS, the request to change the comprehensive plan map, which is based upon the findings and conclusions, is in accord with the Comprehensive Plan criteria of Section 18 of the Boundary County Land Use Ordinance, as evidenced by the Board of Commissioners’ decision letter dated October 4, 2021; and
WHEREAS, pursuant to Idaho Code §67-6509 no plan shall be effective unless adopted by resolution by the governing board;
NOW, THEREFORE, BE IT RESOLVED by the Boundary County Board of Commissioners that the Comprehensive Plan map is hereby amended to change the land use designation from Commercial Light Industrial to Rural Residential for two parcels known as RP62N01E232414A & RP62N01E232413A, as illustrated in attached Exhibit A and described in Exhibit B and made a part of this record.
Done this 29th day of July, 2024.
BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/___________________________
Tim Bertling, Chairman
s/___________________________
Wally Cossairt, Commissioner
s/___________________________
Ben Robertson, Commissioner
ATTEST:
s/_______________________ July 29, 2024
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #297665
(See Exhibits A and B on next pages)
EXHIBIT A
MAP OF SUBJECT PARCELS
EXHIBIT B
PARCEL 1
PARCEL 2
Commissioner Cossairt moved to adopt Ordinance 2024–8. An ordinance amending the Boundary County official zoning map from Commercial/Light Industrial to Rural Residential for two parcels owned by Daniel and Linda DeHart that are the subject of Planning Department File #21-0056. Acting Chairman Robertson yielded the chair to second. Motion passed unanimously. Commissioners voted as follows: Acting Chairman Robertson “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. Ordinance 2024-8 reads as follows:
BOUNDARY COUNTY, IDAHO
ORDINANCE NO. 2024-8
BOUNDARY COUNTY PLANNING & ZONING FILE #21-0056
DANIEL AND LINDA DEHART CONDITIONAL ZONE CHANGE
FROM COMMERCIAL/LIGHT INDUSTRIAL TO RURAL RESIDENTIAL
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, AMENDING THE BOUNDARY COUNTY OFFICIAL ZONING MAP (BOUNDARY COUNTY ZONE DISTRICT MAP) BY REZONING CERTAIN PARCELS OF LAND IN SECTION 23, TOWNSHIP 62 NORTH, RANGE 1 EAST, B.M., FROM COMMERCIAL/LIGHT INDUSTRIAL TO CONDITIONAL RURAL RESIDENTIAL AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Idaho Code §67-6511 and Boundary County land use codes provide the procedures and authority for counties to amend their zoning codes; and
WHEREAS, Daniel and Linda DeHart submitted an application to amend the Boundary County Official Zoning Map from Commercial/Light Industrial to Conditional Rural Residential for two parcels totaling about 10 acres and known as RP62N01E232414A & RP62N01E232413A, on Sunrise Road, north of the City of Bonners Ferry, in Section 23, Township 62 North, Range 1 East, B.M., and
WHEREAS, Boundary County Planning and Zoning Commission and the Boundary County Board of Commissioners held duly noticed public hearings on March 25, 2021, and August 17, 2021 respectively, at which interested persons had the right to be heard per Idaho Code §65-6509; and
WHEREAS, pursuant to Idaho Code §67-6511 and 67-6509, the request to amend the official zoning map was evaluated to determine the extent and nature of the amendment request with particular consideration given to the effects of delivery of and provisions for public services; and
WHEREAS, As required by Idaho Code §67-6511, the governing board has analyzed the proposed changes to the zoning map to ensure that they are not in conflict with the policies of the adopted comprehensive plan; and
WHEREAS, Boundary County Board of County Commissioners has approved a resolution to change the Comprehensive Plan Map land use designation from Commercial/Light Industrial to Rural Residential for the subject parcels; and
WHEREAS, the request to amend the official zoning map was approved by the Boundary County Board of Commissioners following the public hearing, as evidenced by the Board of Commissioners’ decision letter dated October 4, 2021; and
WHEREAS, the decision to approve the rezone included conditions of approval that are memorialized in a development agreement executed by the applicants and Boundary County and recorded at Instrument #295632, records of Boundary County, Idaho.
NOW THEREFORE,
Be it ordained by the Board of County Commissioners of Boundary County, Idaho that the following ordinance is hereby adopted, as follows:
Section 1. Adoption of Ordinance:
The Boundary County Official Zoning Map (Boundary County Zone District Map) is hereby amended to rezone the lands depicted in the attached Exhibit A and described in attached Exhibit B, hereby made a part of this record, from Commercial/Light Industrial to Rural Residential.
Section 2. Severability:
The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.
Section 3. Effective Date:
This ordinance shall be in full force and effect upon the passage and publication of the ordinance or ordinance summary in one (1) issue of the official newspaper for Boundary County, in accordance with the Idaho State Code.
This ordinance duly enacted as an ordinance of Boundary County, Idaho on this 29th day of July, 2024, upon the following roll call vote:
ROLL CALL:
Commission Chair Bertling s/_______________________
Commissioner Cossairt s/_______________________
Commissioner Robertson s/_______________________
APPROVAL OF ORDINANCE SUMMARY
Publication of the ordinance by summary in the official newspaper is hereby approved by the Boundary County Commissioners on this 29th day of July, 2024, upon the following roll call vote:
ROLL CALL:
Commission Chair Bertling s/______________________
Commissioner Cossairt s/______________________
Commissioner Robertson s/______________________
ATTEST:
s/ July 29, 2024
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as Instrument #297666
(See Exhibits A and B on the next page)
EXHIBIT A
MAP OF SUBJECT PARCELS
EXHIBIT B
PARCEL 1
PARCEL 2
Commissioner Cossairt moved to approve for publication in the official newspaper of record a summary of Ordinance 2024-8. Acting Chairman Robertson yielded the chair to second. Commissioners voted as follows: Acting Chairman Robertson “aye” and Commissioner Cossairt “aye”. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes of July 1 & 2, 2024. Acting Chairman Robertson yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to accept Longwell+Trapp Architect’s proposal associated with reroofing the former Safeway Building. Acting Chairman Robertson yielded the chair to second. Motion passed unanimously.
10:00 Commissioners met to discuss changes to the proposed budget for fiscal year 2024-2025.
Commissioners recessed for lunch.
The Road and Bridge Department report scheduled for 1:30 p.m. was cancelled by Road and Bridge.
Commissioners tended to administrative duties until their next meeting at 3:00 p.m.
3:00 p.m. Cory Trapp with Longwell+Trapp Architects met with Commissioner Cossairt, Commissioner Robertson, Prosecuting Attorney Andrakay Pluid, Lead Court Supervisor Della Armstrong, and Treasurer Jenny Economu. The purpose of the meeting is to review preliminary plans for office space at the former Safeway Building.
Ms. Armstrong commented on several layout configurations that will not work for court purposes, such as concern pertaining to the proximity of prisoners to judges. Prosecutor Pluid commented that she, too, thought the judges would not approve of the location of the holding cells. The evidence vault/section is also located in a poor area. Mr. Trapp said he, too, had issues on where to place the evidence room. Those present reviewed security for prisoners and how to move them from the jail to the new facility. Mr. Trapp referenced the garage area and location for transportation of inmates for hearings, but it too may have to be omitted or be relocated. Ms. Armstrong questioned the location of the security office. Discussion took place on having security systems in place for open hours during the day at the entrance and it was said this would involve another security person for the entrance of the facility. A shared workroom was questioned. There was also concern about evidence and secure areas for daily cash and a comment was made that there should be a safe in all offices. Mr. Trapp said he believes he has seating for 65 people, but a minimum of 80 seats are needed for the public. Mr. Trapp indicated that he would do further work on the plans. Prosecuting Attorney Pluid questioned if we are trying to fit too much into this building; are we trying to make something fit into a building that is simply not able to hold this? Future mandates from the Idaho Supreme Court were mentioned in relation to how possible mandates would impact the courts, as well as offices that are not court related. Mr. Trapp presented an estimate cost sheet for this project and he indicated he could provide another design for a courthouse facility and not that of a county building.
The meeting ended at 4:30 p.m.
There being no further business, the meeting adjourned at 4:30 p.m.
_________________________________
TIM BERTLING, Chairman
ATTEST:
_________________________________
GLENDA POSTON, Clerk