***Monday, June 21, 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 departmental report. A written report was provided.

Ms. Nelson said Road and Bridge needs to fill a heavy operator position. The person currently in this position is also a grader operator. Ms. Nelson said she and Mr. Morris have questioned how not to replace this position, but they have budgeted for it. Ms. Nelson said one of the biggest concerns in doing the budget was in relation to Highway User funds. Road and Bridge was anticipating a 30% decrease in these funds, but it didn’t turn out that way and Road and Bridge received more funds so maybe that would allow this position to be filled again. Clerk Poston said to remember that we are having to levy for Road and Bridge. The one time replacement fund is not coming in again so is this going down a rabbit hole? Clerk Poston said not to commit to anything until she’s had a chance to review the Road and Bridge budget with Ms. Nelson. Ms. Nelson said it would be the same crew positions with no changes. Commissioner Bertling said he doesn’t have any problems with that and Commissioner Cossairt agreed. Clerk Poston reiterated that the county is levying for Road and Bridge whereas a few years ago the county didn’t.

Chairman Dinning said people are happy when the roads are graded and plowed and we don’t want to decrease the service.

Ms. Nelson briefly mentioned that the Addressing Coordinator position will be vacant the end of this week. Ms. Nelson spoke of the importance of communication. Commissioners asked if there is someone who can fill the Addressing Coordinator position and Ms. Nelson said Commissioners would have to check with Assessor Ryals about County Mapper Olivia Drake’s involvement and ability as Ms. Drake is the only employee who has the training to do what it takes to assign an address.

Ms. Nelson said the county didn’t get the offer for asphalt so Road and Bridge is looking at Ergon Asphalt and Emulsions. Commissioners continued their discussion to tomorrow as the piggyback bid documents are not ready. Ms. Nelson explained that this is a piggyback offer off of Bonner County’s bid.

Alta Mill plans on doing a large paving job in their mill yard off of Stage Coach Road. Stage Coach Road also needs work as a lot of areas don’t have a base, according to Mr. Morris. Alta Mill is proposing some sort of memorandum of understanding so that if Road and Bridge did prep work to an area of Stage Coach Road near the mill, Alta will pave that small county portion.

Ms. Nelson explained that the county needs a right-of-way temporary construction agreement so County Civil Attorney Tevis Hull is working on that. Ms. Nelson briefly spoke of working with the City of Bonners Ferry on the Riverside Road Improvement Project and she said for this project to move forward, everything needs to be in place by July.

Ms. Nelson said they had budgeted for one 10,000-gallon poly tank for salt brine, but the price has already increased to $12,000.00. George Shutes said the local Idaho Transportation Department has two tanks from the Fourth of July station that they’re willing to give to Road and Bridge. The Idaho Transportation Department will deliver the tanks, according to Ms. Nelson.
Ms. Nelson informed Commissioners that the Freightliner Northwest truck will be financed through Columbia Bank. The first payment is budgeted for this year and the truck won’t be delivered until August or September.

Ms. Nelson said she’s in the process of verifying the county’s right-of-way on Farm to Market Road with the State of Idaho and if ownership belongs to the state, the county has no authority, according to the County’s Planning and Zoning Commission and Garvin Williams’ attorney also agreed. Chairman Dinning said Boundary County is a political subdivision of the State of Idaho so the county doesn’t need to be given anything. The county just needs to prove it has jurisdiction.

Mr. Morris spoke of people associated with the Log Inn continuing to park in the bike path on Tobe Way. Ms. Nelson asked if Road and Bridge needed to contact the Sheriff’s Office about it. Ms. Nelson said the RV park is where the bike lane is and there are signs there that state “no parking.” Ms. Nelson said Road and Bridge has already asked the business owner in the past about moving the vehicles, etc., but they will speak to the owners again. Commissioners asked Ms. Nelson to let Commissioners know what the reaction is.

The meeting with Ms. Nelson and Mr. Morris ended at 9:43 a.m.

9:43 a.m., Commissioners spoke to Attorney Hull via telephone.

Chairman Dinning said Commissioners received an offer for two county parcels. These properties are steep banks along Cow Creek Road and the offer received is for $1,000 for each parcel. These properties had once been offered for sale at a county surplus auction so Commissioners can accept any offer they choose. Commissioner Bertling said he would first like to take a look at the properties before making a decision.

Attorney Hull mentioned having updated the agreements with the Kootenai River Lumber Company for overflow parking. One agreement is for the county and the second agreement pertains to the Fair Board.

Commissioners commented about having received the list of non-profit organizations as it pertains to places for juvenile community service.

Attorney Hull said he’s still in the process of reviewing information from the Federal Aviation Administration regarding the DeHart application and the North Bench Fire Department land lease. Attorney Hull commented that he will reach out to Airport Manager Dave Parker as it pertains to Bill Michalk’s planning and zoning application.

Commissioners informed Attorney Hull that Road and Bridge needs to have everything in order for the Riverside Road Improvement project prior to July.

Commissioners discussed the matter of Garvin Williams and determining right-of-way on Farm to Market Road. Attorney Hull mentioned needing to determine if that road was deeded to the county.

Commissioners stated that if the county goes out for an override levy for the Ambulance Service District, Commissioners will need to get the ballot language prepared by a certain date. Chairman Dinning clarified that this is looking at a potential permanent override.

The call to Attorney Hull ended at 9:58 a.m.

10:00 a.m., Boundary Ambulance Service District Board Chairperson Nancy Russell joined the meeting.

Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and to convene as the Boundary County Ambulance Service District Governing Board. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to approve the minutes for the Boundary County Ambulance Service District Governing Board from the meeting held on May 17, 2021. Commissioner Bertling second. Motion passed unanimously.

Ms. Russell mentioned that she didn’t have much to report on. Boundary Ambulance Service is going to have an employee dinner at the Pearl Theater for staff. Ms. Russell said she knows Boundary Ambulance has been busy, but she doesn’t have the figures as to the number of calls. Chairman Dinning spoke of needing to have the override ballot language by a certain date in September. Commissioner Bertling questioned the process of getting information out to the public. Clerk Poston said on the ballot is the language of what the increase is for taxes, etc., so it’s just information on dollars. Commissioners voiced that they were not opposed to moving forward in the process. Ms. Russell asked if Boundary Ambulance can host an informational meeting and not take a position. Chairman Dinning explained that tax money cannot be used for advertising, etc. Clerk Poston briefly spoke of the $500.00 limit in the aspect of reporting based on the sunshine law. Clerk Poston said the county can have a levy for an amount not to exceed a certain percentage and she added that she doesn’t know if the levy would move to the $600,000.00 range. Chairman Dinning said we’re at $400,000.00, but Clerk Poston clarified that the levy is a little more than $300,000.00 right now. Clerk Poston said if the levy was to pass, it wouldn’t go into effect for one full year. The Ambulance District levy of 2% would generate an additional approximate amount of $266,000.00 so it would total approximately $700,000.00 overall.

The meeting with Ms. Russell ended.

10:11 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Boundary County Board of Commissioners. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Partnership for Success Law Enforcement grant document for the Sheriff’s Office. Commissioner Bertling second. Motion passed unanimously.

Commissioner Bertling moved to sign the Certificate of Residency for Tara Richards. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Bertling moved to sign the Property Tax Cancellation Form for parcel #MH60N02W348880A for tax year 2021 for the tax amount of $47.48 as the customer paid the first half of the taxes, but the mobile home has been gone from the property since they purchased it. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Independent Contractor Agreement with Forerunner Enterprises, Inc. as it pertains to the fireworks event on July third, once the final document is received. Commissioner Bertling second. Motion passed unanimously.
Commissioner Bertling moved to sign the audit information release letter to Leonard Schulte and to also sign the engagement letter with Scott Hoover, CPA. Commissioner Cossairt second. Motion passed unanimously.

10:22 a.m., Kootenai Valley Resource Initiative (KVRI) Facilitator Rhonda Vogl joined the meeting. Amber Kornak, Bear Management Specialist/Senior Technician with Idaho Fish and Game also joined the meeting.

Clerk Poston informed Commissioners that she was approached by the Veterans of Foreign Wars (VFW) about needing new flags for the cemetery. The cost to order 52 flags is approximately $3,000.00 and Clerk Poston said she would like to take that out of the Veterans Memorial Fund.

Commissioner Bertling moved to authorize the Clerk to spend out of the Veterans Memorial Fund for the purchase of 52 flags for the VFW. Commissioner Cossairt second. Motion passed unanimously.

Clerk Poston updated Commissioner Bertling on what items have been purchased through the Veterans Memorial Fund.

Commissioner Cossairt moved to sign the No Spray Weed Agreements for Andrew & Lara O’Neel, Rebecca Hoskins, Don & Janna Stanford, Jason & Mikayla Wilkerson, Tim Patton, and Mike & Karen Glazier. Commissioner Bertling second. Motion passed unanimously.

10:30 a.m., Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting with Ms. Vogl and Ms. Kornak via telephone.

Mr. Knauth provided an update on Forest Service matters. The draft decision notice for the Westside Restoration project, which is the current National Environmental Policy Act (NEPA) project on the Bonners Ferry District, was published on June 11th for public review. The public will have the actual documents as well as links to maps, etc., and they will have the ability to file an objection to this project. Mr. Knauth added that the Forest Service is looking for the biological opinion from the Fish and Wildlife Service so once that comes in it will be put in the file. Once the 45-day comment period expires, the Forest Service will review and address any objections.

Mr. Knauth discussed the schedule for timber sales. The Black Boulder Good Neighbor Authority sale is to be active now. The Spring Bear sale ended June 15th. Mr. Knauth briefly commented on the upcoming fire season and a recent lightning strike.

Ms. Vogl said data is being gathered on Community Forest Landscape Restoration (CFLR) projects and the acreage and accuracy will need to come from Mr. Knauth when he has a chance to review information. Chairman Dinning said when the Forest Service is done with sales for the Westside Restoration Project, he would be interested in getting the big picture regarding volumes in CFLR history, burns, thinning, etc. so he has a fairly accurate count. Mr. Knauth agreed. Mr. Knauth spoke of seeing the first of incoming funds as a forest in the next fiscal year and they can be used on projects here in Bonners Ferry.

Mr. Knauth ended his call at 10:46 a.m.

Ms. Vogl said Ms. Kornak is a bear specialist for the Idaho Department of Fish and Game. The Department of Fish and Game had put up funding for Ms. Kornak’s position as well as for tools for bear/human conflict situations. Ms. Kornak provided Commissioners with information on her education and professional background.

Ms. Vogl spoke of meeting with Andrew Williams, who is a representative from Senator Crapo’s Office and she said Mr. Williams wanted to meet with the KVRI co-chairs.

10:52 a.m., Kevin Lederhos with EL Automation joined the meeting.

Ms. Vogl spoke of setting up the fair booth in August.

The meeting with Ms. Vogl and Ms. Kornak ended at 10:58 a.m.

Commissioner Cossairt moved to sign the Memorandum of Understanding with Sunset Homes for the use of the Sunset Home Assisted Living Facility’s generator in the Event of a Need for Emergency Power. Commissioner Bertling second. Motion passed unanimously.

Clerk Poston spoke of possible funding for continued broadband improvement projects and that funds for that project would need to be spent by the end of the year. Clerk Poston said it’s still early in the process as a committee still needs to be formed, etc. Chairman Dinning questioned if the county is interested in seeking proposals when the time comes to improve internet.

Those present spoke of Panhandle Area Council (PAC) no longer wanting to administer the broadband grant. Clerk Poston said she would like to know if some of the funding from this program would be appropriate for hardwiring internet into county facilities or different areas. Chairman Dinning said he thinks that purpose would be for the second round of funding. Chairman Dinning said the question for today is, does the county want to go forward with broadband funding again. Mr. Lederhos said it would be dependent on if PAC would want to administer the grant again. This project would be small, such as 1/5th the size of the prior program, according to Mr. Lederhos. Clerk Poston said the fairgrounds is one area she had in mind for internet and she was also thinking of the former North Idaho College building. Chairman Dinning said Commissioners just need to get more information. Commissioners said they were not objecting to moving forward and Chairman Dinning added that Commissioners have not even been notified of this program yet.

Mr. Lederhos left the meeting at 11:07 a.m.

11:16 a.m., Commissioner Bertling moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 11:57 a.m. No action was taken.

12:00 p.m., Commissioner Bertling conducted the quarterly jail inspection.

There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, June 22, 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.

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Sheriff Dave Kramer, Veterans Service Officer Ron Self and Prosecutor Andrakay Pluid. Participating via telephone were: Deputy Assessor Olivia Drake on behalf of Assessor Dave Ryals, Treasurer Sue Larson, Extension Office representative Sheila Pruitt on behalf of University of Idaho Extension Educator Amy Robertson, Chief Probation Officer Stacy Brown, Courthouse Maintenance John Buckley, Restorium Administrator Karlene Magee, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and Noxious Weed Department Superintendent Dave Wenk.

Chairman Dinning mentioned department heads and elected officials having turned their proposed budgets in to the Clerk and that Clerk Poston will reach out to anyone if she has questions.

There is a need to update the county’s Personnel Policy to include the new federal holiday.

Chairman Dinning gave a reminder to please not ship personal packages to the Courthouse as there is a bit of difficulty with that.

Commissioners asked for department updates.

Mr. Self said everything is going well for the Veterans Service Office.

Mr. Wenk said everything is going well and he will start road side spraying in the next few weeks. Mr. Wenk said he’s contracting with the City of Bonners Ferry right now for spraying weeds near the dikes. Funding for the Neighborhood Coop Program is coming in and will be retroactive to April 1st so everything is approved.

Mr. Morris said Road and Bridge is getting ready for chip sealing and they’re almost done with applying calcium.

Ms. Magee said she had nothing to report on the Restorium other than she still needs to fill a few staffing positions.

Mr. Buckley said he’s playing catch up after being gone last week and he’s working on updating the women’s restroom on the main floor of the Courthouse.

Ms. Brown said probation cases are increasing and her office is staying busy.

Ms. Pruitt said day camps are going great and the Extension Office is starting to gear up for the fair, which is August 11th through August 14th.

Treasurer Larson said her office is getting the tax collection wrapped up and will turn funds over at the end of the week.

Sheriff Kramer said the jail is one bed from being at capacity. Sheriff Kramer mentioned that he has a meeting with emergency management and the fire chiefs about reviewing evacuation procedures in the case of a bad fire season.

Prosecutor Pluid commented on a recent significant security threat for her office last Friday. A well-known person was making threatening phone calls and was calling constantly and things escalated. The incident brought to the forefront the concerns that the Prosecutor’s Office is not very secure. There is no barrier between staff and public and at times there is limited staff and employees in the office. Prosecutor Pluid mentioned that she is on the agenda to meet with Commissioners next week about security for her office and the Courthouse office as a whole.

Ms. Drake said the Assessor’s Office is on the last week of the assessment drive and so far they’re not aware of any valuation appeals being turned in. The Assessor’s Office is still working on hiring a third employee for the Department of Motor Vehicles.

The elected officials/department heads meeting ended at 9:15 a.m.

9:20 a.m., Veterans Service Officer Ron Self remained in the meeting to give his Veterans Office Department report. Mr. Self spoke of the influx of people he has started working with. The State Veteran Service Officer visited recently and will come up more often, according to Mr. Self.

The meeting with Mr. Self ended at 9:21 a.m.

9:26 a.m., Noxious Weeds Department Superintendent Dave Wenk joined the meeting.

Mr. Wenk said he will finish spraying weeds along the river dike for the city tomorrow.

Chairman Dinning explained the history of the dike in relation to certification paperwork and maintenance, such as rock and vegetation, etc.

Mr. Wenk mentioned he will start roadside spraying next week in the south end of the county. The Idaho State Department of Agriculture (ISDA) Cost Share funding department is having issues and the county will be re-invoiced for chemicals for the corrected amount. Reimbursement to program participants used to be $500.00, but it’s less now. Mr. Wenk said he’s still waiting for Resource Advisory Committee (RAC) funding to be able to get the new weed books printed. Mr. Wenk commented that he’s still spraying puncture vine/goats weed locally and the cost for the chemical used to treat this weed is covered by the state because the weed is a new invader.

Mr. Wenk informed Commissioners that yesterday he was working in Bonner County on the Cooperative Weed Management Area (CWMA) project. Mr. Wenk briefly listed additions to the noxious weed list for Idaho.

Chairman Dinning said he spoke to John Finney and costs for a snowmobile groomer are not known. Last year Bonner County hired an individual. It was said that the groomer stays in Boundary County and Mr. Wenk had talked about operating the groomer. Chairman Dinning said Boundary County sends money to Bonner County totaling $3,000.00 per year for grooming and that covers personnel. If Boundary County chooses to do its grooming, we no longer need to send Bonner County those funds. Mr. Wenk listed the various areas that are groomed in Bonner County and Boundary County and he mentioned trying to figure out what funds were spent for each area. Fuel is a big expense, according to Mr. Wenk. Mr. Wenk said we’re the only groomer in the state that gets trailered. Chairman Dinning asked if it would be good to have a storage area for the groomer at the snowmobile park. Mr. Wenk said that would be an ideal spot.

Those present discussed local grizzly bear sightings.

The meeting with Mr. Wenk ended at 9:56 a.m.

10:00 a.m., Commissioner Bertling moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 10:30 a.m. No action was taken.

10:33 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane met with Commissioners to give the Restorium report. Ms. Lane presented a quarterly report on various matters pertaining to the Restorium.

Commissioner Cossairt moved to allow an employee to take leave without pay from August 2nd to the first week of October. Commissioner Bertling second. Motion passed unanimously.

The Restorium received two new residents in May and another person is going through the admissions process at this moment.

Those present reviewed report information to include: the number of Restorium residents, Medicaid residents, admission issues, hours worked, billed amount for rooms, delinquent accounts, expense including and excluding payroll, and food per person per day costs.

Chairman Dinning asked what the process is for accepting new residents in relation to COVID-19. The Restorium is still having tests done, etc. Those present briefly discussed budget matters, room rates, etc.

10:54 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 11:14 a.m. No action was taken.

11:15 a.m., Airport Manager Dave Parker, Airport Board Chairman Jay Wages, Jesse Stafford and Travis Wisberg joined the meeting.

Mr. Parker said Hilt Capital had recently planned on building a hangar and also wanted their own fuel tank. At one point, this company changed their mind about building a hangar and rescinded their deposit, but they’ve decided they want to build again and self fueling was not as important as before so they would build without fuel tanks. The Airport Board was okay with that, but it was not unanimous. Mr. Wages said one of the issues was having more property taken for one hangar. The road that goes through that area would be included in the lease but the airport hasn’t leased the road before. Water drainage had also been discussed so they would need to accommodate that. Chairman Dinning said Hilt Capital had also requested that someone from the airport be available for fueling 24/7 and he doesn’t want Hilt Capital to think that will happen while the airport personnel or the county is under the impression it’s not happening. Mr. Parker said Hilt Capital is indicating that they would come with the amount of fuel they need in the winter. They also want to get away from having a hangar that is not close to the airport fuel tanks so as not to have to tow the plane in icy conditions to fuel. Operations in the summer would be normal. In the future, Northern Air might purchase a truck for fueling, according to Mr. Parker. The hangar requested to be built is proposed as 100 feet by 100 feet. The aircraft is a 73 foot wing span. The plane can land on the existing runway as it is right now. Mr. Parker discussed warning the Hilt Capital that not all ice will be cleared from the runway in the winter. The hangar site has been approved by the Federal Aviation Administration (FAA), but the site is not in a position according to plan. Mr. Parker said he felt it was better to deal with any potential issues up front. Chairman Dinning said his concerns are about assumptions this company might have. Boundary County doesn’t have 24/7 fuel and doesn’t want people to call up Mr. Parker to come fuel up. We want to protect the county from omission. Commissioner Bertling said it comes down to what do we want our local airport to look like and accommodate. Commissioner Bertling said he’s talked to several people who have stated if bigger jets starting coming to our airport, they’re going to sell their home. It could be pandora’s box. Chairman Dinning said he would prefer a memorandum of understanding (MOU) beyond documenting understandings in meeting minutes. Mr. Parker listed various issues to include in an MOU, such as runway length, 24-hour fuel, 24-hour plowing, etc. Chairman Dinning said to consider laying these issues out so this company cannot come back and say it wasn’t mentioned.

Mr. Wisberg mentioned having heard that this company would be flying out early and having Mr. Parker accommodate that.

Those present discussed various potential issues and also discussed the location of the proposed hangar site the owner is requesting. Chairman Dinning said this proposed site will reduce the ability for future hangars. Mr. Parker said it would allow for one larger and one smaller hangar. Boards could always state the original placement plan needs to stay as is as opposed to this other location. Mr. Parker said the consensus was to approve Hilt Capital’s plan.

Mr. Stafford said he knows there has been concern about lack of hangar space so this is contrary; why would this hangar be different. It seems counter to the concerns and it’s not unique to this airport only. Mr. Wisberg said the airport is losing potential application fees for other hangars because of this one hangar.

Mr. Stafford said like Planning and Zoning, it’s a concern of setting a precedent. How far do you deviate from the plan? It makes it more challenging in the future and it’s concerning. Mr. Parker said there is no other spot on the airport’s property that this could occur again. Mr. Parker said this location is at a dead end road.

Chairman Dinning said if everything meets the ordinance, the county cannot deny it.

Mr. Parker informed Commissioners that the State of Idaho has funds left over since they’re not matching federal money. These funds could go to the purchase of acreage consisting of a strip of land that is 4.9 acres and it’s listed on the Airport Layout Plan (ALP). This land parallels the runway and is land the county should’ve owned.

Commissioner Cossairt moved to sign the Airport Aid Funds Supplemental Funding in the amount of $135,000.00. Commissioner Bertling second. Motion passed unanimously.

The meeting to discuss airport matters ended at 11:57 a.m.

Commissioners recessed for lunch at noon.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Clerk Glenda Poston.

1:30 p.m., Commissioners held a public hearing at the County Annex to consider Planning and Zoning Application #21-0138 for a short plat filed by Shem Johnson. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Planning and Zoning Administrator Clare Marley, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, John Marquette with JRS Surveying, Kent Rotchy, and Krista Rotchy. The hearing was recorded.

Commissioner Dinning called the hearing to order and provided the instructions as to how the hearing will be conducted. Mr. Marquette represented Applicant Shem Johnson, who was not present. Commissioners had no conflicts of interest.

Mr. Marquette presented Mr. Johnson’s application and provided a plat of the area as a visual for the hearing. Mr. Johnson is wanting to combine 11 lots and two un-plated parcels for a total of three lots and a subdivision called Pine Top. Lot #1 does have a structure with a water membership with the Trow Creek Water Association with two additional water memberships for lots 2 and 3. Commissioner Dinning asked for a will serve letter from the water association granting or allowing these additional memberships. Commissioner Dinning asked if this would change prior plats. The lots will change, but the overall land size will not. Mr. Marquette noted that he has not met with the Trow Creek Water Association, but that this is what Mr. Johnson is telling him; that he does have the additional water rights.

Deputy Clerk Michelle Rohrwasser returned to the meeting at 1:50 p.m.

Ms. Marley provided a staff report. The existing Gorstline lots are almost 100 years old. Idaho Code allows that when cities are dissolved, if a plat is written over an older one, it vacates the older plat. It will be requested that a condition is imposed that the statement be made that the plat is vacating the underlying plat or lot lines so there is no question of there being three lots. Mr. Johnson is reducing the number of tiny lots that are not buildable and when looking at the non-conforming status, combining the lots will make them compliant. It was said that Mr. Johnson had gone through the variance process so Road and Bridge’s concern was showing the variance on the plat. It has been confirmed that Application #20-058 is now void and only this application is being used. Ms. Marley said Panhandle Health District initially voiced concern, but felt that if lot sizes were increased, it would be good. In the draft conditions of approval, Mr. Johnson needs to file within two years or request an extension. Ms. Marley listed conditions and said the final plat has to reflect the road variance and show the old plat as vacated.

Commissioners and Ms. Marley referenced neighboring property owner Wilma Watkins’ comment letter. Ms. Watkins is questioning the size of the easement on Old Highway 1 and she had concerns over developing the access on the property.

Ms. Nelson said Mr. Johnson did go through the variance process and was approved for an approach shown between lot 6 and 7 in the original Gorstline subdivision. Approval of the variance for an approach is based on the subdivision application being approved. As far as a new private road name, Mr. Johnson did submit an application for that. Chairman Dinning said in the variance hearing, it was mentioned that rock crushing was occurring. Ms. Nelson said she did get a call from Mr. Johnson about an approach permit and she explained to him that he couldn’t do an approach permit at that point. Mr. Johnson had wanted an approach so he could move a crusher in, but Road and Bridge couldn’t do that so Mr. Johnson was going to use a different approach.

Commissioners opened the hearing to public testimony. No one spoke in favor of the application. Speaking uncommitted was Randy Morris, Porthill, Idaho. Mr. Morris said he uses the same water system and an issue he might have with that is not knowing how that is controlled so the membership is only for one house and not for possible additional dwelling units. This water system is maxed out so adding more houses to it might cause an issue. It was said it’s not certain if it’s up to Planning and Zoning or the Trow Creek Water Association to put that in writing. Chairman Dinning said he thinks that would be up to the water association. Chairman Dinning said Mr. Johnson has three water memberships and if there are additional houses, he doesn’t know what the water association says about that. Ms. Marley commented that the county ordinance allows for additional smaller 1,050 square foot homes and it’s allowed in the zone Mr. Johnson is in. Mr. Morris said Ms. Watkins had called Road and Bridge a few times about the road and it’s really not a county road, but more of an abandoned easement for utilities. It’s shown on several maps and everything was given to Ms. Watkins’ side as opposed to split in half until a certain point, according to Mr. Morris. Ms. Watkins is just positive that Mr. Johnson is encroaching onto her property.

Commissioner Cossairt asked about a private road meeting or needing setbacks. Ms. Marley said they don’t need to meet setbacks, but it does need to meet Road and Bridge’s criteria. Mr. Morris said that was what the variance hearing was about. Ms. Nelson said the Road Standards Ordinance says that with an approach at the county’s right-of-way, it’s 28 feet wide for a distance of 50 feet, then the county jurisdiction ends as far as private road.

Nobody spoke in opposition to the application.

Mr. Marquette was asked to provide a rebuttal. Mr. Marquette said in regards to the letter from Ms. Watkins, one thing he would like to say is that the property does look horrible. Mr. Johnson leveled everything and he has rock piles and soil piles so he understands the neighbor’s questioning. Mr. Marquette explained that Mr. Johnson also has another project south of Porthill that he’s waiting on approval from Planning and Zoning. Mr. Johnson plans on using that rock and moving it to build the road in this other location. When this area gets leveled off, Mr. Johnson will spread the top soil to start a lawn, other than where the structure and road is located. Mr. Marquette said he can see concern about what the area looks like. As far as the roadway, there are plans that exist for that highway. The plan would put the road 60 feet to the west down below the existing road. It’s trying to incorporate the radiuses, etc. The Gorstline Addition shows the right-of-way coming right up to the Gorstline subdivision rather than being inside of it. The only map Ms. Watkins had at her disposal is the original Gorstline map and the map from the county. Mr. Marquette spoke of JRS Surveying’s work in the past and there was no monumentation for Gorstline ever found. The planned line was on the government line. If the road for Porthill Loop actually moved westward, it would increase the distance and he clarified his statements further; referring to the map. Chairman Dinning referred to a quit claim deed and said anything the county had an interest in at the time east of that was abandoned. Mr. Marquette said that was his understanding.
Mr. Morris said he can’t imagine how the road was abandoned up by the bar as that was the only access to the houses in that location. That road accessed at least three houses so he doesn’t know how it could’ve been abandoned and still used. Ms. Marley said she did research an old file and found that it was abandoned. When the county did a quit claim deed, it was questioned how it was apportioned. The older law said to do the same as cities, but Title 40 says “or as the county deems appropriate” so she doesn’t know how it was done in this quit claim deed as it’s not clear.

Mr. Marquette said he concurs with Mr. Morris. Lot 1 shows a house and people using the upper road. Lot 1 of Block 1 of the Gorstline Addition also accesses that road. The way the quit claim is worded he took it to mean that everyone north of road would have ownership of the north half of that road and the two parties with ownership south of road. Mr. Johnson and Mr. Fritz would have ownership of the south half, east of that government lot line.

Chairman Dinning asked about Ms. Watkins concern and Mr. Marquette said she would not be affected by this with the road. Ms. Nelson referred to the second page of quit claim deed.

Chairman Dinning clarified that Commissioners have looked at Ms. Watkins’ concern and it appears where the approach is located is accurate for Mr. Johnson’s property. Ms. Marley said she just wants to be sure that Ms. Watkins doesn’t have a plat that encompasses something Mr. Johnson owns. Mr. Marquette said he’s confident the approach and Mr. Johnson’s road do not encroach onto Ms. Watkins’ property and he commented about making that clearer on the survey.

Commissioners closed the hearing to additional public testimony.

Commissioner Cossairt said the application looks fine to him.

Commissioner Bertling said it looks fine, but it’s the water membership. We will want Trow Creek Water Association to provide a will serve letter referring to three memberships total. Chairman Dinning will want to make sure it also reflects that everything underlined in the Gorstline is vacated.

Chairman Dinning asked about rock crushing. Ms. Marley said this zone only allows for a temporary permit so she will look into if rock crushing is allowed.

Chairman Dinning said the matter of a temporary permit for a quarry is a separate discussion outside of this public hearing.

Commissioner Cossairt moved to approve the preliminary plat for Application #21-0138, to create three (3) lots through a replat and lot line adjustment, and direct staff to prepare written findings, a decision, and terms and conditions of approval finding that the preliminary plat is in accordance with the applicable zoning and subdivision standards of the Boundary County Land Use Ordinance. This action does no result in a taking of private property. Conditions include a will serve letter from Trow Creek Water Association for three memberships. Commissioner Bertling second. Motion passed unanimously.

The hearing ended at 2:15 p.m.

2:20 p.m., Commissioners held public hearing to consider Planning and Zoning Application #21-064 for a Comprehensive Map and Zone Map amendment requested by Kent and Krista Rotchy. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Applicants Kent and Krista Rotchy, and member of the public, Crystal Clark. The hearing was recorded. Commissioners cited no conflict of interest.

Commissioners opened the hearing and asked for an opening statement. Kent Rotchy, 111 Cascade Lane, said he and his wife purchased their 10 acre property four years ago and they are retiring and hoping to split their lot. Mr. Rotchy said he didn’t know if this is a change in zoning or the Comprehensive Plan, but they are just trying to split the lot. There are 23 acres in the area that are also under 10 acres. Mr. Rotchy said he doesn’t have a need for 10 acres and he added that he and his wife would love to remain here, but if they cannot pay off their house with the proceeds from a sale of land, they will be displaced. Mr. Rotchy added that In his experiences, he’s dealt with planners and Planning and Zoning and in seeing what happens, they hold acreages out in larger formats. It speaks to higher lot values and displacing residents. In Sandpoint, people are trying to find places for apartments for the lower income so to keep its work force. Mr. Rotchy spoke of having traveled the northwest and finding this location. He stated they came here to retire and are now faced with a situation where this is their last hope. They drilled a well on their property and they could also split water and give it to the lot they would split off. The lot would be five acres so septic isn’t really an issue. It’s splitting a road closest to Highland Flats Road. Splitting the property would increase the county’s tax base, according to Mr. Rotchy.

Krista Rotchy said she understands this an amendment to change the zone from agriculture/forestry to rural residential so they can split the lot. She also understands there are a lot of parcels that are ag/forest and probably want to stay that way. The neighbors are not asking to do this; it’s a rather unique situation. Ms. Rotchy said when they bought the lot, it was already zoned ag/forest and people on smaller lots were grandfathered into that zone. Ms. Rotchy said they’re not asking to change everyone around them, they’re just asking to change their zone so they can split the land. Ms. Rotchy said their property actually has covenants, codes and restrictions (CCRs). The property came with a Cabinet Mountain Water District membership, which they declined. The property they want to split off has already been tested for septic. It’s really not going to affect any other facilities. Someone would put in a well and do their own thing. Ms. Rotchy said she knows it was recommended that their application be declined, but she thinks things are going to start changing. Down the road people are going to look at making parcels smaller as a whole. She understands and she and her husband do love this area, but it would be very difficult to stay and pay off their mortgage without working the rest of their lives and they would probably die working to pay it off.

Commissioner Bertling asked about the well and Mr. Rotchy said it’s 600 feet.

Ms. Rotchy mentioned that Tungsten Holdings was a former owner of the property and she commented that there are CCRs, but nobody enforces them.

Chairman Dinning said for the record, that he has a direct conflict with the owners of that company and he questioned if there is a conflict associated with the hearing. Ms. Ms. Marley said she doesn’t think so. Chairman Dinning explained that he was once part owner of this company with his family so he wanted to disclose that. Chairman Dinning said when Ms. Rotchy said CCRs, were there conditions in the deed? Ms. Rotchy said there were CCRs and she asked if you can have CCRs and not be in a subdivision. Chairman Dinning said yes. Chairman Dinning asked if the CCRs restrict subdivisions. Ms. Rotchy said she believes it does.

Ms. Marley said the Rotchys did need to go through the Comprehensive Plan amendment as well as the zone change. The zone change request would allow a reduction of a 10-acre parcel to a five-acre minimum. Ms. Marley referred to a diagram from JRS Surveying. The areas shown in blue are existing five acres lots in the area. The concern voiced by the Planning and Zoning Commission is shown in green, which is the ag/forest zone and then it’s seeking rural residential zoning on the east side. The concern with the zone change was doing a spot zone. Ms. Marley said just one person testified at the Planning and Zoning Commission hearing and voiced concerns about additional traffic. Jeff Gutshall spoke at the hearing and was concerned about this change bringing further divisions. One person spoke as uncommitted and the application had fairly limited agency comments.

Ms. Nelson mentioned letting Commissioners know there is an existing approach permit number for Cascade Lane and she said they were permitted at the beginning of the 911 system. County roads are classified and Highland Flats Road is a major collector road, but that classification ends at Gold Road and then it’s just a local road from that point. The locations for approaches only have to be 200 feet apart.

Commissioners opened the hearing to public testimony. Nobody spoke in favor or uncommitted to the application. Speaking in opposition was Crystal Clark who said she’s a new homeowner on Highlands Flats Road. Ms. Clark said her only concern is the mention of zoning for five-acre parcels with further subdivisions down the road and she asked if that was correct. Ms. Marley said the request is for two, five-acre parcels and you can’t reduce that into further smaller lots. Ms. Clark said she didn’t want a subdivision, but she’s not for or against five or 10 acres.

Ms. Rotchy spoke of the Highland Flats area being a hillside for approximately two miles so it couldn’t be built on. Due to topography, areas are very much like hers.

Mr. Rotchy said he had questions about ag/forest zones and lot splits and he asked why they need to ask for a rezone if they’re only asking for a property split. Mr. Rotchy added that after seven months into this process, they’re at this point now. Ms. Marley explained the size requirements for different zones.

The hearing was closed to additional testimony.

Commissioner Cossairt said he knows what the applicants are trying to do and he understands it, but if the county allows it, there will be many more applications filed immediately. Commissioner Bertling agreed. This will happen eventually, according to Commissioner Cossairt. Commissioner Bertling questioned the smaller lots being created by family splits. Chairman Dinning said his concern is that he loves to see people being able to do what they want with their land for a financial benefit to the best of their ability. The issue is the property was zoned ag/forest when it was purchased and it’s surrounded by other ag/forest parcels. If there is something in the Rotchy’s deed that says the lot cannot be split, he doesn’t know if the county can override that; he doesn’t know if the Rotchys have looked into that. At some point the county is going to need to look at zoning, according to Chairman Dinning. Chairman Dinning added that nobody anticipated the pressures that are being seen today and it will take a change in the total overall zoning.

Chairman Dinning said Mr. Rotchy mentioned seven months of going through the process. Ms. Marley commented that Ruen-Yeager received the application on February 3rd. Chairman Dinning explained that when Ms. Marley and Ruen-Yeager took over for Planning and Zoning, the Planning and Zoning Office had 165 applications that had not been addressed. Chairman Dinning said he wanted to apologize for that time, but there were reasons for it. Ruen-Yeager has worked to get caught up. Chairman Dinning said he would love to say do what you want, but there are ordinances to consider.

Commissioner Cossairt moved to deny the request to amend the Boundary County Comprehensive Plan from agriculture/forestry to rural residential, Application #21-064, finding the proposal is not in accord with the Comprehensive Plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based on the following reasons as discussed and further direct staff to prepare written findings and conclusions based on these reasons for consideration. This action does not result in a taking of private property. Commissioner Bertling second. Motion passed unanimously.

Commissioner Bertling moved to deny the request to amend the official zoning map from agriculture/forestry to rural residential, Application #21-064, finding that the proposal is not in accord with the Comprehensive Plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the following reasons as discussed, and further direct staff to prepare written findings and conclusions for Board consideration. This action does not result in a taking of private property. Commissioner Cossairt second. Motion passed unanimously.

The hearing ended 3:03 p.m.

Ms. Nelson and Mr. Morris remained in the meeting.

3:13 p.m., Commissioner Bertling moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 3:46 p.m.

Commissioner Cossairt moved to accept the resignation of an employee. Commissioner Bertling second. Motion passed unanimously.

Mr. Morris and Ms. Nelson left the meeting at 3:45 p.m.

Commissioner Bertling moved to accept the offer for two county tax deeded properties that had already been offered for sale at a county tax deed auction, but did not sell. The offers from Chris and Treva Rawlings are as follows: $1,000.00 for parcel #RPB0240044006BA and $1,000.00 for parcel #RPB02400540060A. Commissioner Cossairt second. Motion passed unanimously.

There being no further business, the meeting adjourned at 3:50 p.m.

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DAN R. DINNING, Chairman
ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk