***Monday, May 3, 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-Superintendent Randy Morris joined the meeting to give the department report. A written report was provided. Mr. Morris mentioned a logging operation occurring on Old Highway Two Loop involving the county’s right-of-way. Commissioners said they didn’t want to provide the flagger for this property owner’s project. Those present reviewed the status of various ongoing projects.
Chairman Dinning mentioned changing variances to state “whenever feasible” as it pertains to road approaches. Chairman Dinning mentioned having received a call from property owner David Byler about an issue involving a road approach that has been in existence for many years. Chairman Dinning said there are a lot of driveways that predate the Road Standards Ordinance so changing the Road Standards Ordinance for a variance would help Road and Bridge if the approach is deemed safe.
Mr. Morris mentioned Road and Bridge will soon be using the crusher to make chips for chip seal and the Durapatcher.
Commissioners contacted County Civil Attorney Tevis Hull via telephone.
Mike Listman with Tech Partner joined the meeting. Commissioners talked about abilities to update various county webpages and how the county has new employees who don’t yet know how to update their county webpage. Mr. Listman will host a workshop for county employees on how to update their webpage.
Mr. Listman left the meeting at 9:32 a.m.
Chairman Dinning brought up a matter of a road approach and discussed considering amending the Road Standards Ordinance regarding approaches that are deemed to be safe by Road and Bridge, where possible. If a person is denied the access they want, they can have the variance hearing to appeal that decision. Attorney Hull said if you give arbitrary discretion, some sort of standards needs to be set. Attorney Hull said the ultimate thing to watch is under the variance process in place and Road and Bridge files a report with Commissioners so they’re aware of the scenario. Attorney Hull said he doesn’t want to have Commissioners be in position where Road and Bridge denies the approach and then there is a hearing for a variance and Commissioners end up approving the approach or variance in the end. Chairman Dinning said Mr. Byler’s approach is on a dead-end road coming off of a cul-du-sac. Mr. Byler would have to apply for a variance process, which takes 30 days. Chairman Dinning said the county may be misapplying the ordinance to situations such as Mr. Byler’s. Attorney Hull suggested that Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris visit with him to talk over scenarios if there is a situation that doesn’t exactly fit the Ordinance and then they can take it from there.
Commissioner Bertling gave a scenario and said if there is an existing road at a bad corner and the property is big enough to relocate the approach, but the property owner wants to keep the approach at the location of the bad corner, then the issue can come before Commissioners to relocate the approach based on safety. Chairman Dinning said the Road Standards Ordinance has been changed by resolution several times. Attorney Hull clarified that changes should’ve been made by ordinance; not resolution.
Mr. Morris left the meeting at 9:58 a.m.
Attorney Hull and Commissioners discussed the need to hold a public hearing to set fees for flood plain permits.
Attorney Hull updated Commissioners on various matters he’s working on, such as the Fixed Base Operator Agreement, new hangar leases, the 911 analysis for a job description, and the parking lot agreement for the office formerly used by North Idaho College. Attorney Hull mentioned he’s also working on various Planning and Zoning matters, such as the zone map with Planning and Zoning Administrator Clare Marley and County mapper Olivia Drake.
The call to Attorney Hull ended at 10:04 a.m.
Commissioner Cossairt moved to sign Certificates of Residency for Ridge Williams and Hailey Kelsey. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2021-16. A resolution authorizing the disposition of records of Boundary County Commissioners’ Office. Commissioner Bertling second. Motion passed unanimously. Resolution 2021-16 reads as follows:
RESOLUTION 2021-16
A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY COMMISSIONER’S OFFICE
WHEREAS, the Boundary County Commissioner’s Office is currently storing various older certificates of insurance; and
WHEREAS, due to lack of storage space, the Boundary County Commissioner’s Office has requested permission to dispose of old records; and
WHEREAS, the Boundary County Civil Attorney has advised the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:
The following records have been deemed semi-permanent by the Boundary County Commissioners on the advice of the County’s Civil Attorney and semi-permanent records must be kept for a minimum of five years. The following records are to be disposed of:
• Certificates of Insurance – Through year 2016.
Regularly passed and approved on this 3rd day of May, 2021.
COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/____________________________
DAN R. DINNING, Chairman
s/____________________________
WALLY COSSAIRT, Commissioner
s/____________________________
TIM BERTLING, Commissioner
Reviewed by and on advice of the County’s Civil Attorney this 27th day of April, 2021.
s/____________________________
ANDRAKAY PLUID
County Civil Attorney
ATTEST:
s/__________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #286704
Commissioner Cossairt moved to approve a time extension for the Eastport Industries Inc. Subdivision, File #19-094 to allow for a one-time extension to record the final plat, May 23, 2022. Commissioner Bertling second. Motion passed unanimously.
10:18 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 Bertling 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.
10:30 a.m., Chief Probation officer Stacy Brown joined the meeting to give the department report. Ms. Brown reported that there are two people in the Diversion Program, 14 people on juvenile probation with five cases pending, there are 27 adults on misdemeanor probation, 180 people on unsupervised probation and five people in drug court. Ms. Brown said she’s waiting to hear back from Ziply before being able to complete her budget. Ms. Brown mentioned working to update the community service form and she presented the form to Commissioners. Clerk Poston suggested ranking the businesses and organizations that work with community service workers, such as having certain businesses that would be contacted first and Chairman Dinning suggested placing county operations at the top of the list. Chairman Dinning commented to Ms. Brown that when the Probation Office has a vacancy, to please consider if replacing that employee is necessary or if duties could be combined. Ms. Brown clarified that her office does have to have a male staff member.
The meeting with Ms. Brown ended at 10:46 a.m.
Commissioner Cossairt moved to authorize the Chairman to sign the Request for Reimbursement #8 for Airport Improvement Project #018 for the snow removal equipment building (Phase II Construction). Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to authorize the Chairman to sign the letter for a grant amendment to the Federal Aviation Administration for Airport Improvement Project #018. Commissioner Bertling second. Motion passed unanimously.
Those present discussed the budget request received from Selkirks-Pend Oreille Transit Authority (SPOT) for a funding amount of $3,150.00 for the 2021-2022.
Commissioner Cossairt moved to approve the annual funding amount of $3,150.00 requested by Selkirks-Pend Oreille Transit Authority (SPOT) for year 2021-2022. Commissioner Bertling second. Motion passed unanimously.
11:00 a.m., Courthouse Maintenance John Buckley joined the meeting to give the department report. Those present spoke of the most recent county surplus personal property auction and needing to take the inventory stickers off before the auction.
Commissioners and Mr. Buckley discussed restriping and seal coating time schedules. Those present discussed the need to repair the roof of the Sheriff’s Office and how costly the prior estimate was for that work. Chairman Dinning asked if Commissioner Cossairt and Mr. Buckley can meet with the City of Bonners Ferry personnel to discuss improvements to the sidewalk in front of the Courthouse and Sheriff’s Office. Mr. Buckley informed Commissioners that the boiler has a leak somewhere, but he will have to wait to shut the boiler system down for the summer before taking it apart. Mr. Buckley said he has a feeling this leak might be in the sump pump.
Commissioners asked about the issue with the wood vents at Memorial Hall. Mr. Buckley said those vents were recently cleaned, but they’re made of wood and need to be replaced.
The meeting with Mr. Buckley ended at 11:12 a.m.
11:15 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone to discuss an inquiry from property owner David Nicholas about possible changes Mr. Nicholas said he noticed in the Comprehensive Plan online. Attorney Hull said to have Planning and Zoning Administrator Clare Marley provide Mr. Nicholas with the official Comprehensive Plan.
The call to Attorney Hull ended.
Commissioners tended to administrative duties.
11:26 a.m., Boundary Economic Development Council (EDC) Director Dennis Weed joined the meeting to provide an update on EDC projects and other related business. Kevin Lederhos with EL Automation also joined the meeting.
Mr. Weed commented that water service continues to be an infrastructure issue all over the place. Mr. Weed added that he met with a Ziply representative and Mike Ripatti about the damage to Mission Creek Water Service. Ziply hit the cemetery’s water line and they didn’t communicate about the issue well. Ziply had not called the 811 informational number to locate the water lines. The cemetery and Mission Creek Water Association were not listed to be contacted before digging so Ziply hit the cemetery water line and Mission Creek Water Association doesn’t have many funds. Mr. Weed said he will contact the Ziply employee’s supervisor to see what can be done. It was said that Ziply had also torn up Bee Line Water Association’s water lines. Chairman Dinning said this is a good neighbor thing that Ziply should take care of. Mr. Weed said he’s dealing with a different staff member and supervisor at Ziply and he feels bad for the cemetery association. Chairman Dinning said when Ziply hit the first water line, they should’ve done more research instead of just plowing forward.
Mr. Weed said he had another Career Technical Education meeting and he learned that some businesses are hiring with good results. Mr. Weed said we’re just at the start of this program and he thinks it will pick up steam. Unemployment is still low, according to Mr. Weed. Idaho Forest Group only receives one application per week when they used to get seven or eight applications. Local wages continue to increase, according to Mr. Weed.
Mr. Weed commented that there has been a little bit of change over in local businesses. Mugsy’s Tavern and Grill has a new owner and other businesses are in the process. There are also possibly up to three new potential businesses coming. Mr. Weed said he doesn’t think employment will be Boundary County’s issue for the next year or two.
The Economic Development grant came out on Thursday and Mr. Weed said he believes the grant award is $30,000.00 each year for two years. The grant is due by May 27th so Mr. Weed will submit the application no later than May 26th.
Mr. Weed mentioned that tourism is up and he gave an example that Mugsy’s experienced an increase in business by 20%.
Mr. Weed said he will post the EDC Director position vacancy on May 10th for six weeks and an interview committee will be formed.
Chairman Dinning informed Mr. Weed that Commissioners did not send the letter to the Department of Environmental Quality (DEQ) regarding funding for the sewer project just yet and after talking about it, it would be good to have the City of Moyie Springs send a letter. Chairman Dinning said the county might say in a letter that this project has always been viewed as two phases and Phase 1 totally benefitted the City of Moyie Springs. Mr. Weed said the City of Moyie Springs did submit a letter to DEQ regarding the figure of $39,000.00, but DEQ responded that the county is the entity that needs to submit a letter. Mr. Weed said he feels there are other funding avenues that will take care of the project’s remaining balance.
The meeting with Mr. Weed ended. Mr. Weed and Mr. Lederhos left the meeting.
Commissioner Cossairt moved to permit property owner Kennon McClintock to log trees in the county right-of-way, understanding the county will not provide flaggers. Commissioner Bertling second. Motion passed unanimously.
Commissioners recessed for lunch at 11:50 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 pm., Commissioners held the continuation of Planning and Zoning Application #21-052; an application for a short plat filed by Ruth Eckblad. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, and Mike Ladely. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. Commissioners sited no conflict of interest.
The applicant was not present to provide an opening statement.
Ms. Marley gave a staff report. Ms. Marley explained that the reason the initial hearing was continued was to allow for additional time to dig test holes for drain fields, but those are things a final plat would take care of. Ms. Marley explained that this involves a two lot land division, a primitive land division so there cannot be more than two lots. At the time of final plat, the property owner doesn’t have to complete sewer, water or electrical utilities, but they do have to disclose the lack or presence of services. Originally, this was a 20 acre land division. The applicant is seeking to divide this parcel into two, ten acre lots.
Ms. Marley said neighbors have had concerns and a written statement was received from Marchita Johnson. The approach off Camp 9 Road to Rigby Road doesn’t meet Boundary County Road Standards Ordinance 2020-2 for an approach to an existing public road. Other county and local agency comments were limited, according to Ms. Marley. The County’s Addressing Coordinator noticed addressing and road name concerns, but an update will be made once platting is recorded. Staff has five conditions for the approach, expiration date, extension ability, bonds, but bonds don’t apply; disclosed lack or presence of services, and a current request by the Road and Bridge Department to get a new road name.
Chairman Dinning said in looking at the preliminary plat, Commissioners had received a letter from Marchita Johnson about four lots, but we’re only dealing with two lots. The proposed Horsetail Drive comes off of Rigby Road, runs west, turns a sharp 90 degrees, and heads south and that continuation is called Gooseberry Drive. Chairman Dinning said his concern is that it would make more sense to have the name of Horsetail Drive or Gooseberry Drive continue all of the way through. Chairman Dinning said for clarity that this application meets the Comprehensive Plan and Land Use Ordinance.
It was said that a condition of approval is to have a new private road name go through Commissioners’ process, if that were to address concerns. Chairman Dinning replied that it does. Ms. Marley said the road needs to be at 90 degrees at the intersection. Commissioner Bertling questioned if Rigby Road is a private road. It was said the approach off of Camp Nine Road to Rigby Road does not meet Road Ordinance standards.
Commissioners opened the hearing to public testimony and asked for comment from those in favor. No one spoke in favor.
Speaking as uncommitted was Mike Ladely, who said the only issue is what was mentioned about road naming as the east/west road should have the same name. Mr. Ladely questioned who would be responsible for altering the road to the 90 degree angle as it doesn’t start at the applicant’s property. Chairman Dinning asked if that’s from Horsetail Drive to Rigby Road and Mr. Ladely replied, it’s off of Rigby Road. Chairman Dinning said for clarity that private roads don’t have to follow county road standards. The county only has jurisdiction where Rigby Road meets the county road. Ms. Marley said Camp Nine Road to Rigby Road would need to be squared up and that would be up to the applicant. Chairman Dinning said when referring to Rigby Road and the county road, according to the county’s own roads, the approaches are grandfathered at the time of adoption of the Road Standards Manual, which was January 23, 2007, so this would be a grandfathered approach and therefore no change.
Mr. Ladely commented that when he put in power to his property, he had to get an address so that might have some bearing. There already is a road name, but he doesn’t recall what that is. Mr. Ladely said he had to get the road named in order to get power.
No one spoke in opposition to the application.
It was said that Marchita Johnson’s letter is somewhat in opposition. Commissioners have the letter and they have read it. Ms. Johnson voiced concerns regarding roads, dust and road names. It’s been put on record that road names will be corrected. Commissioners said it appears that some form of an easement is there that people can use. Ms. Marley said it’s a private road. Ms. Marley asked if Commissioners want to add to the Findings and Decision, the grandfathered status for the approach. Chairman Dinning said he believes Rigby Road has been there for 50 years and Commissioner Bertling agreed. Mr. Ladely said he heard at one time it used to be a railroad.
Commissioners closed the hearing to additional testimony.
Commissioner Bertling and Commissioner Cossairt stated that they had no issues with the application.
Commissioner Cossairt moved to approve Planning and Zoning Application #21-052, a short plat subdivision requested by Ruth Eckblad, with the Findings and Decisions as discussed with Planning and Zoning Administrator Clare Marley. Commissioner Bertling second. Motion passed unanimously.
The hearing ended at 1:52 a.m.
Commissioners discussed various Planning and Zoning matters.
Ms. Marley left the meeting.
Clerk Poston commented that she has BF Builder’s proposal to remodel the NIC Building and $35,000.00 is the ballpark estimate. For auto closure doors and other doors is an additional $7,500.00. Clerk Poston said we do have handicap access at that building already and it just needs the cylinder or spring to close the door. Clerk Poston reviewed aloud the work included in the quote. The kitchen relocation and reinstallation is not included. North Idaho Granite might provide the counter tops. Clerk Poston said May 19th may be the soonest BF Builders can get a concrete saw for this project. Chairman Dinning said he still wants to get the parking lot agreement worked out first. Chairman Dinning said he needs to get County Civil Attorney Tevis Hull the legal descriptions so he can put the deeds together.
2:20 p.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to provide the Restorium report.
Ms. Magee said she had applied for Coronavirus Financial Advisory Committee (CFAC) funding and $21,600.00 is the amount she was awarded. Chairman Dinning informed Ms. Magee that there is new federal funding, but it can only be used for broadband, sewer, water, lost taxes and lost revenue. The Restorium’s lost revenue may qualify as it’s due to COVID-19.
Ms. Magee said the current resident count is 30 and 12 of those are Medicaid residents. Ms. Magee said she is contemplating a rate increase for the next budget year. Chairman Dinning mentioned basing the Restorium’s proposed budget on having 38 residents again.
The meeting with Ms. Magee and Ms. Lane ended at 2:47 p.m.
Commissioners discussed whether or not to have more than one county surplus personal property auction. Clerk Poston mentioned that she didn’t think two auctions per year are needed.
Commissioners tended to administrative duties.
4:00 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, May 04, 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 discussed Panhandle Health District’s proposed budget. Chairman Dinning said when you pull out $1,500,000.00 in COVID-19 funds from Panhandle Health District’s proposed budget, there is still an increase. The county portion is estimated at $260,000.00. Clerk Poston said the county has currently been paying $60,000.00 and $60,000.00 is also what the county has for expenses for indigent for a total of $120,000.00. That’s an increase of $140,000.00 to $260,000.00 and when the indigent fund goes away, so does that budget. Clerk Poston said $56,000.00 is the health budget. Clerk Poston explained that indigent, not counting labor, was $68,000.00 in year 2018 and $53,000.00 in year 2019. With legislation passed most counties were held harmless as they’re going toward health district costs. In Boundary County’s case, the Indigent Director will still be an employee of the county, even though she won’t be in the indigent assistance position, she is also chief deputy clerk and performs a lot of other tasks. Chairman Dinning said he’s concerned about the estimate that Panhandle Health District presented last week. Clerk Poston referred to Shoshone County’s estimate and she commented how that county’s estimate also didn’t look right as Shoshone County has a higher population than Boundary County. Chairman Dinning said just to be aware that the county will have to pay more as the indigent budget was covering the county’s indigent director, who was doing a whole lot more.
Those present discussed matters pertaining to road approaches and contemplated how to streamline the process.
9:22 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting.
Commissioners continued their discussion on matters pertaining to road approaches, Planning and Zoning, utilities, etc.
Commissioner Cossairt moved to approve and sign the No Spray Weed Agreements for year 2021 for Ben Ronniger, Stephen Plog, Simon Ronniger, Mary Kate McKerney, and Gary Martin. Commissioner Bertling second. Motion passed unanimously.
9:30 a.m., County Civil Attorney Tevis Hull joined the meeting.
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 Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye” second. Motion passed unanimously. The executive session ended at 10:40 a.m. No action was taken.
Mr. Skeen left the meeting.
10:48 a.m., Property owners and real estate agents for Pace-Kerby Real Estate Trevor Schneider and Darlene Schneider joined the meeting to discuss planning and zoning and addressing issues. Chairman Dinning said for clarity that Pace-Kerby is selling a piece of property for him, but this meeting has nothing to do with that transaction. Chairman Dinning said he just wanted that information to be known.
Ms. Schneider explained that she and Mr. Schneider are here personally first and as realtors second. Ms. Schneider said she wanted to voice her total frustration with addressing and the access/approach placement process. Ms. Schneider commented that her family had submitted multiple address requests as early as January and they still don’t have answers. If we’re having to go back in time and find how these parcels were created 15 years ago, they may not have been split correctly. Ms. Schneider said Ruen-Yeager didn’t let her know that was the issue and they just said not to call them. Comments were made about learning those tracts weren’t formed in a proper subdivision. Ms. Schneider said she was able to produce some meeting minutes where the split had been approved. Ms. Schneider questioned what the end game is with things that were done years ago. Ms. Schneider questioned how to get efficiency and go forward and she added that their clients are also complaining.
Mr. Schneider said the minutes from the Commissioners’ meeting about their property date back to July 2007 so now we’re having to go back to 2007 and he questioned what happens if his family’s split wasn’t done correctly. Where do you go from there? These properties have been paid on for the last 15 years. Mr. Schneider questioned what the goal is in digging that information up, adding that it’s going backwards in efficiency. Mr. Schneider said the county had Planning and Zoning Administrator John Moss and now they have a company out of Sandpoint doing Planning and Zoning and it seems the county could have a Planning and Zoning employee five days per week and have more efficiency than a company who doesn’t have the time.
Attorney Hull explained that, as a real estate agent and broker, he knows land use issues and understands, but realtors and brokers also need to understand that they demand things that cannot happen. There is also pressure from clients, etc. The county has not had planners; just employees and there is a difference. Commissioners have had issues where representations that were made had to be honored, but they were completely outside the Land Use Ordinance. Attorney Hull gave an example and referred to development in years 2006 and 2007 and then said to look at the real estate market today as those were the booms. There was a lot of pressure on government for developmental property. Humanity says if there is pressure on someone, you start making representations to get people off your back. Some representations were made that were completely outside of the ordinance and Commissioners are questioning how they make this right. Some people will hold the county to exactly that representation. Attorney Hull said he cannot speak to addressing issues as that is not a Planning and Zoning issue, but instead is a Road and Bridge issue. Ms. Schneider commented that the situation is combined with the approach placement issue so nothing can move forward. Attorney Hull said Commissioners have talked with Road and Bridge about efficiencies. Attorney Hull explained that Road and Bridge has been asked to provide an address for someone without there being an approach, but then the property owner builds an approach later, which changes the address. The county cannot switch addresses every time someone moves an approach. Attorney Hull said he doesn’t know of the approaches Ms. Schneider is talking about, but that’s an efficiency for the Road and Bridge Department to look at. Ms. Schneider said yes, adding it’s a private road. Ms. Schneider said the issue is that Planning and Zoning Administrator Clare Marley is trying to find out how parcels are created; it’s not that the Addressing Coordinator doesn’t have time to assign an address. It’s having to prove these parcels are there. There’s a disconnect with addressing, according to Ms. Schneider. Attorney Hull said they have an anomaly in that property owners were taking advantage of certain land applications. Attorney Hull said that Ms. Schneider’s parcel division should’ve gone through the subdivision process; not the simple subdivision process. Attorney Hull spoke of trying to figure out why the division was not allowed, but then it was allowed and then that representation is going to Commissioners and Commission Chairman at that time. If a property owner is taking advantage of the economy and only splits three lots at a time, then there is a change to the Land Use Ordinance during that process, all of applications are now coming in after the ordinance changes and the property owner is subject to that change. The property owner should’ve divided all of the property while they had that opportunity. Attorney Hull said those are some of the issues being raised. Attorney Hull reviewed Ms. Schneider’s file and commented that it’s something that needs to be addressed.
Attorney Hull explained that the county had various employees in the Planning and Zoning Office and now they have someone with planning experience. Other issues have come up as well and it was explained that when the county had another employee in the Planning and Zoning Administrator position and they a property with two different parcel numbers, they thought there were two different legally split parcels, but that is not what that meant as in this case there was a section line running through that single property. So these representations were made by good, honest and hardworking people, but they didn’t have experience.
Mr. Schneider asked about the ability to grandfather in past applications. Attorney Hull said that is not the issue for the Planning and Zoning Administration; it’s an issue for Commissioners to address. Attorney Hull spoke of finding certain representations in the minutes, but there are also representations from other people and not all are honest.
Attorney Hull said Commissioners have had to make tough decisions as a result of actions made by employees that have bound people. There are representations made in which no documentation can be found and Commissioners had to put their feet down. Attorney Hull said when Ms. Marley took over for Planning and Zoning, there was a back log of a high number of applications. Ms. Schneider questioned being able to go back 15 years and undo parcels that had been created. That will be something Commissioners need to address, but that hasn’t come before them yet, according to Attorney Hull.
Mr. Schneider said his family is not the only ones with this odd situation and he questioned why the county can’t have a grandfather clause. There is the 1999 date, but why not move that up? Attorney Hull said that Mr. Schneider and Ms. Schneider at least have documentation and that is very helpful as other people won’t have documentation and that is more troublesome. Ms. Schneider said their applications were done in good faith. Chairman Dinning explained that people would also go in and ask the Planning and Zoning Administrator if they can split their property and just get a verbal yes and there wouldn’t be a document that that was ever done. Some prior employees didn’t necessarily keep good track of things otherwise we wouldn’t be here today.
Chairman Dinning said he understands there are lots that have been created and he asked Ms. Schneider how many lots she has. Ms. Schneider said she has approximately 38 lots. The plat was created around year 2006. Attorney Hull said that information was presented with the applications back in year 2008 for sure. Chairman Dinning explained that he was not at the meeting the day Commissioners discussed this in year 2007. Chairman Dinning said that plat was presented in 2008 with some applications. Attorney Hull said there were several applications in 2008 to create three parcels at a time. Ms. Schneider acknowledged that this was signed off by former Planning and Zoning Administrator Mike Weland. Attorney Hull said he’s just learned of this. Mr. Schneider said this this came up four months ago.
Ms. Schneider asked what can be done about parcels created 15 years ago. Attorney Hull said if she’s talking about options, nothing has officially been presented to Commissioners, which needs to happen. Commissioners could sign off on what had been approved, etc. and the worst case scenario would be the divisions are not to ordinance specifications. Attorney Hull said if he were a neighbor and saw 38 parcels being developed and he hadn’t received any notice of it, he would be upset, too. Commissioners are going to have to make a decision when they get information in front of them.
Ms. Schneider said they honestly could’ve gone through the subdivision process. Now lots have been sold, family members own lots and there are houses are on them. Attorney Hull said he senses the frustration that three months ago this could’ve been identified. Mr. Schneider said he had thought of coming to one of these meetings prior to his own situation after hearing of issues. It was said for efficiency, Ms. Marley needs to have access to these Planning and Zoning records. Attorney Hull said between the various past employees and issues with record keeping, Ms. Marley wouldn’t be able to find anything. Ms. Schneider spoke of having non-conforming lots from some time ago and she questioned who came up with the distance driveways have to be from each other. Chairman Dinning mentioned the 2007-5 Road Standards Ordinance. Attorney Hull said Commissioners are looking at this holistically and he said the question is what date and time are Commissioners going to use to grandfather an application?
There are growing numbers of people moving here and this can be frustrating to a lot of people. Mr. Schneider said he understands not wanting to have houses right next to each other. Ms. Schneider asked if someone is going to resolve these issues. Attorney Hull said Commissioners have to address these on a case by case basis and he added having to examine land use ordinances. Attorney Hull said he will let Ms. Marley know about this meeting, learn the particular issues, call Road and Bridge, and then he can give Ms. Schneider a call to let her know what the next step is. There are things to help the situation, but it just depends on what the individual situation is, according to Attorney Hull.
Chairman Dinning said people need to ask if a lot if legally created; not ask if it’s buildable as that question has been an issue as well. Attorney Hull spoke of other issues that don’t take as long to determine, such as flood plain issues, etc. but the situation the Schneiders are in is a unique one.
The meeting with Mr. Schneider and Ms. Schneider ended at 11:30 a.m.
Commissioners and Attorney Hull discussed approaches and the process going forward.
Attorney Hull left the meeting at 11:40 a.m.
11:40 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to give the department report. Those present discussed landfill user accounts, job descriptions and grade comparisons. Mr. Skeen suggested that a landfill position go before the Classification Committee to see if the changes warrant a pay increase. Commissioners said they would let Deputy Clerk/Personnel Director Pam Barton know to have the job description reviewed by the Committee. Commissioners asked about the budget for tires and Mr. Skeen said his budget for tires is $40,000.00. Mr. Skeen informed Commissioners that he had budgeted $80,000.00 for the metal pile, but it generated $158,000.00.
Mr. Skeen questioned what to do about the excavator at the landfill as it needs major work. This is the excavator purchased for approximately $8,000.00 or $9,000.00. Mr. Skeen said he would really like to budget and get a leased excavator. Chairman Dinning asked Mr. Skeen to look into the cost of leasing a used machine.
Mr. Skeen asked about sharing a county mechanic with his department and Commissioner Bertling replied that Road and Bridge commented that they wanted another mechanic to do that work.
Those present talked about Waste Management in relation to landfill operations and Commissioner Bertling said Waste Management felt the outlying monitored site were very clean, but they did state that they only want to transfer the waste.
The meeting with Mr. Skeen ended at 12:05 p.m.
There being no further business, the meeting adjourned at 12:17 p.m.
________________________________
DAN R. DINNING, Chairman
ATTEST:
________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk