***Monday, June 20, 2022, Commissioners did not meet in regular session due to the Juneteenth Holiday.
Tuesday, June 21, 2022, at 9:00 a.m., Commissioners met in regular session in the conference room at the County Annex with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Commissioners held an elected officials/department heads meeting. Present: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Sheriff Dave Kramer, Chief Probation Officer Stacy Brown, Veterans Service Officer Ron Self, Solid Waste Department Superintendent Claine Skeen, Emergency Manager Andrew O’Neel, Courthouse Maintenance Squire Fields, Personnel Director Pam Barton, Assistant Restorium Administrator Diana Lane, Assessor Dave Ryals, County Mapper Olivia Drake, Road & Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and University of Idaho Extension Educator Amy Robertson.
Gregory Lamberty joined the meeting.
Chairman Dinning deferred the discussion regarding the budget to Ms. Barton. Ms. Barton said if departments haven’t been working on their budgets, they might want to get started on it and get it to the Clerk.
Chairman Dinning explained to those present that Ms. Barton needs copies of job applications that are received.
Commissioners went around the room for department updates.
The elected officials/department heads meeting ended at 9:40 a.m.
Commissioners tended to administrative duties until their next meeting at 10:00 a.m.
10:00 a.m., County Noxious Weeds Department Superintendent Dave Wenk remained in the meeting to give his department report.
Mr. Wenk mentioned having a weeds related meeting coming up this July in Donnelly. Mr. Wenk informed Commissioners that the cost of herbicides has increased so he will forego other purchasing to make the budget work due to that cost increase. Mr. Wenk said he hasn’t seen puncture vine growing back since treating it, but the Forest Service has found yellow star thistle growing on their property. Mr. Wenk updated Commissioners on what he’s been working on, to include spending the day with the Idaho Forest Owners Association, having a noxious weeds station, and making contact with approximately 50 people. Mr. Wenk spoke of helping Bonner County with spraying, adding that this help will be reciprocated. Some of the property owners who had signed the No Spray Weed Agreements have not been controlling their weeds and one of the applicants has hawk weed in their driveway. Mr. Wenk said he’s approximately one month behind in spraying weeds due to wind and rainy conditions.
Mr. Wenk said he has 46 acres and he was told he is required to have a survey done in order to split off two, 10-acre parcels. The cost of the survey was quoted at $12,000.00. Mr. Wenk said since he’s not selling the property, why would he need a survey. Mr. Wenk learned that if he does one 20-acre split, he might not need a survey. Chairman Dinning said for 10-acre splits, starting from year 2007, property splits are supposed to have an approval from Planning and Zoning that the property was legally created and Planning and Zoning administrators prior to Ruen-Yeager Associates had not tracked that so now the process has to involve having a document proving the parcel was a legally created parcel.
Mr. Lamberty left the meeting at 10:15 a.m.
The meeting with Mr. Wenk ended at 10:20 a.m.
Commissioners discussed the second installment of American Rescue Plan Act (ARPA) funds being available and if they so choose, authorizing the Clerk to request the funds.
Commissioner Cossairt moved to request the Clerk seek the second half of ARPA funds. Commissioner Bertling second. Motion passed unanimously.
10:30 a.m., Commissioners held a public hearing to consider Variance Application #5-2022. This is a variance to Road Standards Ordinance 2020-2 as it pertains to an approach location requested by Thomas & Robin Merrifield. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Road and Bridge Co-Superintendents Renee Nelson and Randy Morris, and Bonners Ferry Herald Reporter Emily Bonsant.
The hearing was recorded. Commissioners had no conflict of interest.
Commissioners reviewed the procedures for the hearing and asked Ms. Nelson for a staff report. Ms. Nelson said the request is for a proposed approach location on Black Mountain Road, which is a local road so the distance of 200 feet between approaches applies. The aerial map shows the approaches and proposed approach. The proposed approach is to provide access to a new primary structure and there is an existing approach to another structure. The address of 164 Black Mountain Road is 180-feet west of the proposed approach and the approach to the east is 150-feet. Road and Bridge has verified that the safety aspects for sight distance and sight triangle can be met. The topography is flat and level with natural drainages and two culverts under Black Mountain Road to the west.
Ms. Nelson said one public comment was received listing two concerns. The five-acre parcel will have two access driveways and the applicants request that the original approach not be used for the single-family dwelling. There is no regulation for one approach per parcel, according to Ms. Nelson. If the variance application is approved, the permit will address the drainage issues. The application was sent to Planning and Zoning and the wetlands overlays were verified by Planning and Zoning. The applicants did apply for a residential placement permit and there is a trailer on the property that is small and can remain on the parcel. The county’s addressing coordinator had no issues with the application. Based on the Assessor’s map for rights-of-way there appears to be future growth at 264 Black Mountain Road, but due to having 200 feet between driveways, there is no impact. The variance application also shows the hardship is having to use the existing driveway due to ponding in the middle of the property. Ms. Nelson said Road and Bridge agreed as there is a ponding area where the applicants want to get back to the build site. Planning and Zoning has not issued a permit until the new access is approved. Road and Bridge recommends approval and there should be no issue with drainage.
Applicant Robin Merrifield joined the hearing at 10:42 a.m.
Ms. Merrifield gave an opening statement and said she appreciates the consideration of the variance and she added that she’s just trying to find another access so they don’t have to cross the waterway.
Commissioners opened the hearing to public testimony and asked for comments in favor, uncommitted or opposed to the application. There was no member of the public present to provide testimony. Commissioners closed the hearing to public testimony and called for discussion amongst themselves. Commissioner Bertling and Commissioner Cossairt commented that they had no problem with the application.
Commissioner Cossairt moved to approve the request for a Variance, Application #5-2022 for Thomas and Robin Merrifield for parcel #RP61N01E233005A for a road approach that does not meet Road Standards Ordinance 2020-2, Section 3.3.B. with the following Conditions A through F, and staff is directed to prepare written findings, a decision, and terms and conditions of approval of Variance Application #5-2022. Commissioner Bertling second. Motion passed unanimously.
The hearing to consider Variance Application #5-2022 ended at 10:45 a.m.
11:00 a.m., Restorium Administrator Karlene Magee, Assistant Administrator Diana Lane, Nurses Juanita Jantz and Suzanne Johnson, and Medication Coordinator Debbie Woods joined the meeting to discuss updating the Restorium’s system pertaining to medical information.
Ms. Johnson provided Commissioners with information for a new medical computer system and she commented that it’s getting to the point that it could be dangerous. It was said for Ms. Johnson to extend her medical license for an employee who has only had an eight-hour class is dangerous and having this new computer system would help, to include eliminating mediation errors. Having a computer system will reduce staff’s handwritten communication, sticky notes, etc. so it would eliminate communication errors. A quote from Mike Cox Computers was reviewed, which is to set up the computers, but there is also a quote from Point Click Care, which is the system itself. Point Click Care can provide a select quote based on what the needs are for the Restorium. Chairman Dinning said for clarification that if Mr. Cox sets up the computers, the system would still not be ready as we need to buy the software. Ms. Johnson said in the quote is a base initial cost and then beyond that there is a cost between $500.00 and $800.00 per month for maintenance. The system integrates with the Medicine Man Pharmacy. The one-time initial feel is between $3,250.00 and $10,000.00 depending on what components are needed. Ms. Magee said she would bill that fee to the resident accounts as its to keep track of their medications. Ms. Woods said there are so many aspects of the system that would eliminate many potential errors.
Ms. Woods explained how the Restorium is different now from what it used to be. There used to be a small number of residents using walkers, but now almost 90% of the residents use walkers and there is the memory care residents so it is almost skilled nursing. Ms. Woods said a person can get hired on at the grocery store for $14.00 per hour to ask for paper or plastic, but at the Restorium is offering positions at a rate of $12.00 per hour and the employee has to deal with medications and the responsibility that goes along with that. Ms. Woods commented on staffing shortages and she said if the county wants to continue running the Restorium, the pay structure needs to be re-evaluated as the Restorium needs qualified people. Chairman Dinning said the county has two ways that it can increase those wages, one way is to increase taxes, which last year approximately $450,000.00 was funneled to the Restorium, or the county needs to increase its resident room rates. Commissioners do recognize what Ms. Woods has said and they’ve talked about it. Commissioners know that this issue will really be looked at in approximately seven months. Chairman Dinning said Commissioners are looking at wages throughout the county.
Chairman Dinning explained the history of the Restorium and how it’s something that Idaho Counties Risk Management Program (ICRMP) could be worried about as if someone were to file a claim against the Restorium, it affects the entire county, not only the Restorium, as far as receiving ICRMP coverage.
It was said that Point Click Care will put together a demonstration of their system.
The meeting with Restorium staff ended at 11:25 am.
11:26 a.m., Sheriff Dave Kramer joined the meeting to discuss purchasing two new showers for the jail.
Sheriff Kramer said one shower has been replaced in the jail and Turner Plumbing temporarily fixed two other showers so they’re recommending the county purchase two new showers. The cost is $1,650.00 per shower with shipping and handling, according to Sheriff Kramer. Commissioners said they agreed with the purchase of two showers.
Commissioner Bertling moved to approve the request of approximately $3,000.00 for two additional shower units for the jail. Commissioner Cossairt second. Motion passed unanimously.
The meeting with Sheriff Kramer ended at 11:40 a.m.
There being no further meetings for the morning session, Commissioners recessed for lunch until 1:30 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., North Bench Board members Jack Douglas, Fred Nystrom, Lynda Fioravanti, John Lozier, and Walter Burrow met with Commissioners to discuss the status of entering into a new land lease for the location the North Bench Fire Department station already occupies near the airport.
Chairman Dinning said that County Civil Attorney Tevis Hull had provided an update from the Federal Aviation Administration (FAA) regarding proposed lease payments being based on fair market value. Mr. Nystrom commented that he knew Commissioners do want to be able to enter into a lease and he also mentioned that Attorney Hull had forwarded to him approximately 80 or more pages of airport rules. Mr. Nystrom referenced a section on Page 76 and stated that it referred to policies for charges and he added that this is like hand for hand an exchange for services. Chairman Dinning said Commissioners learned the FAA thinks the Boundary County Airport is subsidizing North Bench Fire Department. The county would like to work something out regarding a lease. Hangar owners are charged a fee so a way to show the airport is not subsidizing needs to be determined. Ms. Fioravanti commented on the possibility of a farm land lease. It was said that North Bench Fire Department owns the building, but the county owns the land.
1:49 p.m., Treasurer Sue Larson joined the meeting.
Chairman Dinning said he would review how page 76, that Mr. Nystrom referred to, might apply to this lease situation. Chairman Dinning said when talking about North Bench Fire Department protecting county owned properties, it’s for places like Road and Bridge, a gravel pit and the landfill. Ms. Fioravanti informed Commissioners of the costs for memberships based on structures. It was said the size of the lot the fire station sits on is approximately ¾ of an acre and that would protect the existing building now. Mr. Nystrom spoke of the fire department’s budget and having a meeting to discuss this information. Chairman Dinning said the last time Commissioners talked to Attorney Hull about this they asked him what could be done to sell the land to North Bench. Mr. Nystrom mentioned having a lease to own, but they wouldn’t be able to afford it at today’s values.
It was said that up to 125 acres results in the standard membership rate for a property owner within the North Bench boundaries and for properties larger than that, the price increases, but not much. Chairman Dinning said Commissioners will talk with Attorney Hull about this. The age of the fire station was mentioned and Mr. Lozier spoke of needing to maintain the fire station, but not wanting to put a lot of money into it if they won’t be able to work out a lease agreement. Ms. Fioravanti said $.15 per square foot is okay for commercial, but North Bench is a non-profit. Commissioner Cossairt said Kootenai County asks $.53 per square foot based on the FAA’s suggestion, but it was negotiated down. Commissioners said they would ask about negotiating the cost as there is precedent. It was mentioned that the Airport Advisory Board members prefer the site be used for hangars instead.
The meeting with North Bench Fire Department board members to discuss a lease ended at 2:11 p.m.
2:11 p.m., Treasurer Sue Larson spoke to Commissioners about county issued credit cards. An employee of the Sheriff’s Office has found a new job so there has been a request for Commissioners to approve a new credit card for the employee’s replacement. Commissioners agreed to assigning a new credit card, but to reduce the limit to $5,000.00 from $6,000.00.
The meeting with Treasurer Larson ended at 2:38 p.m.
Commissioner Bertling moved to approve the Certificates of Residency for Ryan Beckle and Sarah Doss. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Bertling moved to approve the New Private Road Name Request form for Jays Way. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Bertling moved to sign Request for Reimbursement No. 22 and the Invoice Summary for Airport Improvement Project #017 for the amount of $13,087.45 for the environmental assessment at the Boundary County Airport. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Bertling moved to approve and sign the Findings & Decision for Planning and Zoning File #22-0062, Billie & Patricia I Poulton for Comprehensive Plan and Zoning Map Amendments from agriculture/forestry to residential. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Bertling moved to approve and sign the Findings & Decision for Planning and Zoning File #22-0088, Hathaway for Comprehensive Plan and Zoning Map Amendments from residential to rural community/commercial. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Bertling moved to adopt Resolution 2022-26. A resolution increasing the Justice Fund Sheriff budget due to receipt of unanticipated revenue. Commissioner Cossairt second. Motion passed unanimously. Resolution 2022-26 reads as follows:
RESOLUTION 2022-26
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 2021-2022, and
WHEREAS, Boundary County has received reimbursement in the amount of $1,958.86 from the State of Idaho, Idaho Transportation Department for reimbursement for the following needs, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2021-2022, 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 as follows:
Revenue Account Number Expense Account Number In the Amount of
0008-00-0391-0018 0008-02-0407-0000 1580.62 OT Hours
0008-00-0391-0018 0008-02-0410-0000 194.10 Persi
0008-00-0391-0018 0008-02-0411-0000 120.92 Soc Sec
0008-00-0391-0018 0008-02-0416-0000 63.22 Work Comp
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Numbers and the Boundary County Justice Fund Sheriff Budget Expense Account Numbers as outlined above 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 21st day of June 2022
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 #291715
Commissioner Bertling moved to adopt Resolution 2022-27. A resolution increasing the Justice Fund Sheriff budget due to receipt of unanticipated revenue. Commissioner Cossairt second. Motion passed unanimously. Resolution 2022-27 reads as follows:
RESOLUTION 2022-27
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 2021-2022, and
WHEREAS, Boundary County has received reimbursement in the amount of $4,157.25 from the State of Idaho, Office of Drug Policy for reimbursement for the following needs, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2021-2022, 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 as follows:
Revenue Account Number Expense Account Number In the Amount of
0008-00-0391-0018 0008-02-0407-0000 2545.18 OT Hours
0008-00-0391-0018 0008-02-0410-0000 312.56 Persi
0008-00-0391-0018 0008-02-0411-0000 194.70 Soc Sec
0008-00-0391-0018 0008-02-0416-0000 101.81 Work Comp
0008-00-0391-0018 0008-02-0899-0000 897.80 Lifeloc
0008-00-0391-0018 0008-00-0702-0001 105.20 Drug Testing
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Numbers and the Boundary County Justice Fund Sheriff Budget Expense Account Numbers as outlined above 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 21st day of June 2022
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 #291716
Commissioner Bertling moved to adopt Resolution 2022-28. A resolution increasing the Justice Fund Sheriff budget due to receipt of unanticipated revenue. Commissioner Cossairt second. Motion passed unanimously. Resolution 2022-28 reads as follows:
RESOLUTION 2022-28
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 2021-2022, and
WHEREAS, Boundary County has received reimbursement in the amount of $7,695.42 from the State of Idaho, Idaho Transportation Department for reimbursement for the following needs, and
WHEREAS, the Boundary County Justice Fund Sheriff Budget is in need of additional revenue for fiscal year 2021-2022, 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 as follows:
Revenue Account Number Expense Account Number In the Amount of
0008-00-0391-0018 0008-02-0407-0000 4585.19 OT Hours
0008-00-0391-0018 0008-02-0410-0000 563.06 Persi
0008-00-0391-0018 0008-02-0411-0000 350.77 Soc Sec
0008-00-0391-0018 0008-02-0416-0000 183.40 Work Comp
0008-00-0391-0018 0008-02-0899-0000 2013.00 Radar Gun
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the increase to the Boundary County Justice Fund Revenue Account Numbers and the Boundary County Justice Fund Sheriff Budget Expense Account Numbers as outlined above 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 21st day of June 2022
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 #291717
Commissioner Bertling moved to adopt Resolution 2022-29. A resolution of Boundary County, Idaho Board of County Commissioners land use public hearing procedures. Commissioner Cossairt second. Motion passed unanimously. Resolution 2022-29 reads as follows:
Boundary County, Idaho Resolution 2022- 29
A RESOLUTION OF BOUNDARY COUNTY, IDAHO BOARD OF COUNTY COMMISSIONERS
LAND USE PUBLIC HEARING PROCEDURES
WHEREAS, Boundary County, Idaho desires to establish written procedures for the conduct of public hearings for land-use related matters and vacation proceedings; and
WHEREAS, Idaho Code §67-6534 requires that counties shall adopt procedures for the conduct of public hearings held by the Planning and Zoning Commission and Board of County Commissioners in matters governed by the Local Land Use Planning Act; and
WHEREAS, From time to time it is beneficial to review and revise those hearing procedures to better facilitate input from the public and to promote a thorough and expeditious hearing.
NOW, THEREFORE, BE IT RESOLVED by the members of the Board of County Commissioners of the County of Boundary, Idaho, that the following procedures to be applied in matters concerning land use-related public hearings are hereby adopted:
Section 1. Public Notice
a. If a public hearing is required by law or ordinance, the County shall comply with the posting, publishing, mailed notices, and web site notifications set by state and local code. Where the requirements differ, the greater noticing requirements of state or local code shall be met. Notice of public hearing should only be published when an application is complete in a manner sufficient to address the requirements established by ordinance and application forms.
b. Contents of the mailed notice shall contain the information required by law and when practical should include information guided by this resolution such as requirements of testimony, default time limits (or issue-specific time limits, if known), timing for allowing written submissions, and other significant conditions or restrictions on testifying.
Section 2. General Rules for Testimony in a Quasi-judicial Public Hearing:
a. At the commencement of the public hearing, the presiding officer (Chair, Co-Chair or Commission member selected to preside in Chair’s absence) may establish a time limit to be observed by all speakers. This resolution provides the default time limits as follows:
APPLICANT – (to describe application and reasons that it meets requirements) – not to exceed fifteen (15) minutes;
INDIVIDUAL TESTIMONY – pro, neutral and con – three (3) minutes per person;
SPOKESPERSON TESTIMONY – (up to fifteen (15) minutes for spokesperson in cases where spokesperson is pre-authorized by the presiding officer);
REBUTTAL BY THE APPLICANT – (no new evidence – only information from the record to rebut assertions by contrary testimony) – as needed.
b. No person shall be permitted to testify or speak before the Planning & Zoning Commission or Board of County Commissioners at a public hearing unless such person has provided a signature on sign-up sheets to be provided by the County. This requirement shall not apply to staff or technical witnesses directed by the presiding officer to give evidence or information to the County.
c. The presiding officer or the members of the Commission or Board are authorized to revise the default time frames and order of proceedings so long as due process rights are maintained. In the event of disagreement by the governing body of the procedural rulings set by the presiding officer, the governing body may suspend or amend any one or more of these rules by majority vote of the members in attendance, provided that due process rights are preserved.
d. Anyone who intends to appear as a representative of a group at a hearing as a spokesperson should contact the County Planning & Zoning Department at least five (5) days prior to the hearing. Staff may then apprise the representative of procedures for the hearing and any special limits or allowances concerning testimony.
e. No person shall be permitted to speak before the commission at a public hearing until such person is recognized by the presiding officer.
f. Testimony shall directly address the subject at hand.
g. Testimony shall not be repetitious with other entries into the record.
h. Testimony shall not be personally derogatory.
i. Testimony shall comply with time restrictions established by the commission.
j. If oral testimony fails to comply with the aforementioned standards, the presiding officer may declare such testimony out of order and require it to cease.
k. All public hearing proceedings shall be recorded and all persons speaking at such public hearings shall speak before a microphone or in such manner as will assure that the recorded testimony or remarks will be complete and audible.
Section 3. Order for Quasi-Judicial Public Hearing:
Quasi-judicial hearings involve site-specific decisions (such as rezoning specific property) as opposed to legislative hearings, which require decisions that have a broad application (such as a change in the text of a zoning or subdivision ordinance, which does not necessarily affect one specific parcel of land). Quasi-judicial Public Hearings should follow the order of events set forth below:
a. Brief introduction of the subject of the hearing by County staff.
b. Presentation by applicant. (Decision makers should address their questions to the applicant at this time.)
c. County staff report. (Decision makers should address their initial questions to staff at this time.)
d. Open Public Hearing: Testimony from public shall be the following order: (Questions from the decision makers should be asked of the person testifying before they return to their seat, whenever possible.)
1. In favor of proposal
2. Neutral respecting proposal
3. Opposed to proposal
e. Rebuttal testimony from applicant. (Decision makers should ask any final questions.) If new facts are elicited, the public must be given an opportunity to respond to the new facts.
f. Close Public Hearing.
g. Discussion of hearing subject among commission members. Questions may also be directed to County staff during this period. Any procedural rules requiring a motion prior to discussion are hereby suspended for purposes of such discussion. Decision makers may table the matter until later in the meeting if other public hearings are pending or to a later meeting for deliberations.
h. The final decision shall include a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan for rezoning requests, relevant ordinance and statutory decision criteria for other requests, pertinent constitutional principles and factual information contained in the record.
i. When a final decision has been made, a copy of the final decision shall be sent promptly by electronic mail, or by U.S. Mail, as required by the Idaho Local Land Use Planning Act.
Section 4. Standards for Written Testimony:
Written testimony and exhibits from the public to be admitted at a public hearing shall comply with the following standards:
a. Written testimony longer than one page and any exhibits other than single-page photographs must be submitted at least six (6) calendar days prior to the date of the pertinent public hearing. This provision may be varied through the public hearing notice.
b. Written testimony shall include the signature and address of the submitter.
c. Written testimony shall address the issue at hand.
d. Written testimony shall not be personally derogatory.
e. If written testimony or an exhibit fails to comply with the aforementioned standards, the presiding officer may declare such testimony inadmissible.
Section 5. Exhibits:
All exhibits, photographs, diagrams, maps, evidence and other material presented during the public hearing shall be marked or otherwise identified and entered into the record. All exhibits shall be items that are reproducible and must be able to be viewed at the hearing. No compact disks, flash drives, recordings, or other such items offered as evidence will be accepted at the hearing. Exhibits from the applicant should be submitted at least fifteen (15) days prior to the hearing and shall be marked or identified prior to publication of any notice of public hearing. Original exhibits may be released to the presenting party if requested in writing, and if acceptable to the governing body or legal counsel. If original exhibits are released, photocopies or reproducible photos of the originals shall be maintained in the record.
Section 6. Records Maintained:
The County Planning & Zoning Department should maintain records of all public meetings in accord with the regulations of Idaho Code §67-6536 and the record retention requirements of §50-907.
a. Transcribable verbatim recordings of the proceeding should be maintained in conformance with Idaho Code §50-907 or its successor.
b. Originals or accurate duplicates of written submittals to the hearing record and copies of applications shall be maintained in conformance with Idaho Code §50-907 or its successor.
c. Minutes that catalog the occurrences at the public hearing shall be maintained as required by applicable sections of the Idaho Code.
Section 7. Procedures for Legislative Public Hearings.
Public hearings on legislative matters brought pursuant to requirements established by the Local Land Use Planning Act shall take place after notice has been provided as required by law. Prior to publishing notice of legislative public hearing, a draft of the legislative proposal shall be prepared and be available for public inspection no later than the day the notice of public hearing is published. Procedural limits on duration of testimony may be established by the presiding officer. Requirements shall be followed for hearing conduct at Section 2 of this resolution and standards for written testimony and exhibits of Sections 4 and 5. Legislative public hearings do not require final decisions in a manner comparable to those for quasi-judicial proceedings.
This resolution shall be in full force from the date of its adoption until superseded by a resolution addressing the same subject matter.
Upon a motion to adopt the text of the foregoing Resolution made by Commissioner Bertling and seconded by Commissioner Cossairt, the foregoing was duly enacted as a Resolution of the Board of County Commissioners of Boundary County, Idaho, on the 21st day of June, 2022.
BOUNDARY COUNTY BOARD OF COMMISSIONERS
Dan Dinning, Chairman Yes
Wally Cossairt, Commissioner Yes
Tim Bertling, Commissioner Yes
BOUNDARY COUNTY BOARD OF COMMISSIONERS
s/
Dan Dinning, Chairman
s/_
Wally Cossairt, Commissioner
s/_
Tim Bertling, Commissioner
ATTEST:
s/____________________________ 6/21/2022
Glenda Poston Date
Boundary County Clerk/Auditor/Recorder
By: Michelle Rohrwasser, Deputy Clerk
Recorded as instrument #291718
Commissioner Bertling moved to adopt Resolution 2022-30. A resolution of Boundary County, Idaho Board of County Commissioners vacating a portion of Lot 4 of the Lyle Farms Subdivision, Planning Department File #22-0055. Commissioner Cossairt second. Motion passed unanimously. Resolution 2022-30 reads as follows:
Boundary County, Idaho Resolution 2022-30
A RESOLUTION OF BOUNDARY COUNTY, IDAHO BOARD OF COUNTY COMMISSIONERS
VACATING A PORTION OF LOT 4 OF LYLE FARMS SUBDIVISION
PLANNING DEPARTMENT FILE #22-0055
WHEREAS, Cabinet Mountains Water District and Gary Lyle, owner of Lot 4 of Lyle Farms Subdivision, filed a petition on January 24, 2022, with Boundary County Board of Commissioners for the vacation (abandonment) of a ±1.078-acre portion of Lot 4, located off Blue Sky Road in Section 35, Township 62 North, Range 1 East, B.M., to allow for a water improvement project; and
WHEREAS, the Boundary County Board of Commissioners held a duly noticed public hearing for the vacation of a portion of Lot 4 of Lyle Farms Subdivision on April 19, 2022, (Planning File #22-0055), pursuant to the procedures of Idaho Code §50-1306A; and
WHEREAS, following the duly noticed public hearing, the Boundary County Board of Commissioners did adopt findings of fact and conclusions of law in support of the abandonment of the subject portion of Lot 4 of Lyle Farms Subdivision, concluding the following:
1. The petition is in the public interest.
2. The vacation request is in accord with applicable zoning and subdivision laws.
3. Lot 4 of Lyle Farms Subdivision is a platted lot of 6.46 acres, as recorded in Book 3 of Plats Page 27, records of Boundary County, Idaho.
4. The property is zoned Rural Residential, which has a minimum site area of 5 acres.
5. Cabinet Mountains Water District desires to purchase a portion of Lot 4, which is located north of the district’s existing water system operations.
6. The Cabinet Mountains Water District and Lot 4 owner Gary Lyle filed a petition with Boundary County to vacate a 1.078-acre portion of Lot 4.
7. In order to secure funding, the property the district seeks to purchase must be unencumbered by subdivision restrictions and easements, according to the vacation petition.
8. Boundary County Land Use Ordinance, Section 11.2.3, Exemptions, provides that parcel size minimums and platting requirements do not apply to parcels “created for the placement of government services, public utilities or rights-of-way.”
9. Idaho Code §50-1306A governs the procedures and standards for the vacation of plats.
10. Idaho Code §50-1306A Paragraph 3 authorizes the County to vacate the plat or portion thereof “with such restricts as they deem necessary in the public interest.”
11. There have been no public or agency comments in opposition to the proposed vacation.
WHEREAS, pursuant to the Board of Commissioners’ condition of approval, the petitioner has paid for all legal advertisement and recording costs for the vacation proceedings.
NOW, THEREFORE BE IT RESOLVED by the members of the Board of County Commissioners of the County of Boundary, Idaho, that the portion of Lot 4 of Lyle Farms Subdivision described in the attached Exhibit A and depicted in attached Exhibit B, is hereby vacated, effective upon passage and recording of this resolution.
Upon a motion to adopt the text of the foregoing Resolution made by Commissioner Bertling and seconded by Commissioner Cossairt, the foregoing was duly enacted as a Resolution of the Board of County Commissioners of Boundary County, Idaho, on the 21st day of June, 2022.
BOUNDARY COUNTY BOARD OF COMMISSIONERS
Dan Dinning, Chairman Yes
Wally Cossairt, Commissioner Yes
Tim Bertling, Commissioner Yes
BOUNDARY COUNTY BOARD OF COMMISSIONERS
s/
Dan Dinning, Chairman
s/
Wally Cossairt, Commissioner
s/
Tim Bertling, Commissioner
ATTEST:
s/____________________________ 6/21/2022
Glenda Poston Date
Boundary County Clerk/Auditor/Recorder
By: Michelle Rohrwasser, Deputy Clerk
Recorded as instrument #291732
3:00 p.m., Commissioners held a meeting with Dan Spinosa of Innovate! Inc., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and County Mapper Olivia Drake to discuss programs Innovate! Inc. could offer to streamline the county’s process for addressing and mapping, etc.
Mr. Spinosa reviewed proposed agreement work orders associated with the addressing system. Those present discussed being able to share information, etc.
Commissioner Cossairt moved to sign the Master Services Agreement with Innovate!, Inc. for the purpose of providing GIS support as set forth in individual work orders. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign Work Order #WO001 Pursuant to the Master Services Agreement with Innovate!, Inc. for the purpose of providing technical support for assigning addresses and completing field work for an amount not to exceed $69,870.00. Commissioner Bertling second. Motion passed unanimously.
Mr. Spinosa explained that Work Orders #002 and #003 are what have been talked about in prior meetings. Work Order #002 is associated with setting up the GIS system and allowing for coordination.
Commissioner Cossairt moved to sign Work Order #WO002 Pursuant to the Master Services Agreement with Innovate!, Inc. for the purpose of providing technical support for setting up an Enterprise GIS used by county offices and field staff for an amount not to exceed $6,252.00. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign Work Order #WO003 Pursuant to the Master Services Agreement with Innovate! Inc. for the purpose of providing technical support for setting up an Enterprise GIS used by county offices and field staff for an amount not to exceed $53,863.00. Commissioner Bertling second. Motion passed unanimously.
The meeting to discuss updating the mapping and addressing system ended at 3:35 p.m. Ms. Drake and Mr. Spinosa left the meeting.
3:45 p.m., Ms. Nelson and Mr. Morris provided a Road and Bridge report. A written report was provided. Mr. Morris informed Commissioners that Road and Bridge is looking to convert its red truck into a water truck. Ms. Nelson spoke of still needing to find a truck to pull the belly dump.
Those present spoke of county projects and it was said that projects with a cost of $50,000.00 or more calls for the contractor to obtain a public works license. Ms. Nelson and Mr. Morris spoke of needing to make repairs to the roof of the Road and Bridge Office in addition to converting a large garage bay into office space. Chairman Dinning explained how projects can’t be split up.
Ms. Nelson briefly mentioned writing a letter to the Kootenai Tribe of Idaho listing concerns or requesting more information as it pertains to the Tribe’s travel plaza project.
The meeting with Ms. Nelson and Mr. Morris ended at 4:10 p.m.
There being no further business, the meetings adjourned at 4:10 p.m.
_____________________________________
DAN R. DINNING, Chairman
ATTEST:
________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk