***Monday, May 06, 2019, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
County resident Marty Martinez and Blue Sky Broadcasting News Reporter Mike Brown were in attendance off and on throughout the day.
9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the departmental report. A written report was provided. Those present discussed using grindings on roads and Mr. Kimball mentioned the ability to do that depends on the availability of trucks. Mr. Kimball said Road and Bridge has been cleaning up trees to get them off rights-of-way as well as putting in a lot of hours on the grader this year as it seems they need to go over everything more than once as it’s been wet. Road and Bridge is also starting to fill potholes with the Durapatcher as of today and it will be ongoing for quite some time. Mr. Kimball informed Commissioners that the cost of oil has increased almost 40% so it’s getting expensive. Mr. Kimball also informed Commissioners that he is done with having to issue permits as every road is open today. There are still roads that have issues, but those roads don’t see much traffic. Lookout View Road dried out fairly fast, but it still took two days longer than last year. Mr. Kimball said he hopes to place grindings on Mirror Lake Road.
Mr. Kimball spoke of Atkins Canyon and doing a little winter maintenance there. There is a little road in that vicinity that accesses the Atkins property and Mr. Kimball said the hope is to make the county road a bit wider there and move that other road a bit. On the fill side of the culvert, Road and Bridge will use large rock and stack the bank at the agreed upon price so it’s not a change order.
Chairman Dinning asked Mr. Kimball if he had an idea of how much damage to asphalt there has been as well as the cost. Mr. Kimball said to give Commissioners an idea, the asphalt alone for the fairgrounds parking lot and small road to the pump station cost $50,000 and just doing spot repairs on Herman Lake Road was a little more than $50,000. McArthur Lake Road will be up there in cost as well. Parker Canyon Road is really ready for a facelift, according to Mr. Kimball. It’s really bad and it needs base and everything. There is also a spot on Kootenai Trail Road by George Miller’s house that needs work. Road and Bridge will probably have to dig down and build up a spot on Kootenai Trail Road right before turning off to Bridle Path Road as the clay underneath has risen to the surface. Mr. Kimball spoke of needing to get crowns in the roads back so the water can run off and he said he could hire a paver by the day, such as was done for the Snow Creek project, so he can get a nice uniform layer then follow up with a grader. Mr. Kimball said the paver was great last year as it arrived and left for a set price, which was 25% of any estimate he had received.
Mr. Kimball said he may have received approximately 20 calls about the condition of McArthur Lake Road as people know him in the Naples area.
Commissioners thanked Mr. Kimball for his time as it’s his last meeting with them. Mr. Kimball said it will be hard to leave his crew. Mr. Kimball added that if the county is interested, he would still like to offer to help out with projects, such as with bridges that are under repair.
The meeting with Mr. Kimball ended at 9:15 a.m.
Chairman Dinning updated Commissioners on discussions held during meetings he attended last week in Boise, such as shared stewardship.
Clerk Poston discussed topics of her recent meeting she attended last week as well.
9:30 a.m., Commissioners spoke to Attorney Tevis Hull via telephone for updates. Attorney Hull said he reviewed the maintenance contract for the Western States generator at the Restorium and the contract is good. Chairman Dinning said Commissioners have gone back and forth with people who want to work on county projects as far as requiring workers compensation insurance coverage. Commissioners have discussed requiring any contractor to have this coverage. Attorney Hull said it’s not a matter of whether or not someone can get workers compensation insurance as they can get it. What it means is if someone is an owner of a business, from the state’s standpoint, if they don’t have that coverage, they run the risk of being injured and not be able to work. But if that person had employees, they would have to have that coverage. A contractor can get workers compensation insurance for a specific project on an individual basis and include that cost in their bid, according to Attorney Hull.
Commissioners, Clerk Poston and Attorney Hull briefly mentioned a financial management policy the county needs to have in place, but Commissioners have asked for an exemption this year. Attorney Hull asked Clerk Poston if there is a form that’s been adopted by other counties. Clerk Poston said no. Chairman Dinning said she had reached out, but no one has heard about it. Clerk Poston said she understood that schools or cities may have something on this, but there is nothing on the radar for counties. Attorney Hull said he would reach out to County Outside Auditor Leonard Schulte about this.
Chairman Dinning asked about an easement to do with the former Tihonovich property. An easement needs to be vacated so Attorney Hull said he would contact Road and Bridge Department Assistant Superintendent Renee Nelson about that.
Those present briefly discussed the draft county personnel policy and the status of review pertaining to the Union Pacific Railroad’s road acquisition matter.
The call to Attorney Hull ended at 9:45 a.m.
Those present discussed upcoming meetings for later this week.
Commissioner Cossairt moved to sign the Certificate of Residency for Kelsey English. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign Idaho Department of Health and Welfare Mosquito Surveillance contract documents for year 2019. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the new Standby Preventative Maintenance Agreement with Western States CAT for the generator at the Restorium. Commissioner Kirby second. Motion passed unanimously.
10:00 a.m., Solid Waste Department Superintendent Claine Skeen and Assistant Superintendent Eric Owen joined the meeting to give the department report. Mr. Owen updated Commissioners on the site visit and meeting with Matt Beeter with the Department of Environmental Quality (DEQ) and Paul Klatt with Panhandle Health District. DEQ will work with the county on updating verbiage pertaining to wood waste. The current verbiage regarding trade wood waste is from the Air Quality Act so DEQ is looking at adjusting this verbiage to accommodate this new burn system, according to Mr. Skeen. Mr. Skeen mentioned cost as far as burning the wood pile due to the language. Mr. Skeen will have a telephone call with Mr. Beeter this week about that as well as being able to grind wood waste and use it as landfill cover. Mr. Skeen said if he could burn the wood, as of today it would be just green wood waste and treated wood would have to be ground. To dispose of treated wood it would cost $107.00 per ton at Waste Energy. Mr. Skeen said he’s still working on this. Mr. Skeen said Ellery Howard with JUB Engineering was at the meeting as well. The landfill closure plan is also to be discussed during this week’s phone call. Mr. Skeen said for the most part, the closure plan has been signed off by Panhandle Health District, but they do have to adjust a couple things, such as car wash sludge, which is something the landfill accepts once per year. Mr. Beeter said there needs to be verbiage or something the hauler signs stating that they are liable if testing of the car wash sludge comes back with hazardous materials. It was said Panhandle Health District and the Department of Environmental Quality provided Mr. Skeen with compliments on the landfill’s staff and the staff’s knowledge of the operation. Those present discussed tonnage of materials that go into the landfill and Mr. Skeen said he doesn’t want the wood that is ground up counted as tonnage. Mr. Skeen stated that he is working on his budget, but the results of his conversation with DEQ and Panhandle Health District about the wood pertains to the budget.
M. Skeen said he’s wondering where he can find out what the county’s population is as it relates to allowed tonnage. Chairman Dinning referred Mr. Skeen to the U.S. Census Bureau. Those present discussed the limit of tonnage per day, utilizing the entire 40 acres of landfill property, etc. Mr. Skeen said Boundary County is rated for up to 20 tons per day so if we get 22 tons, we need to haul two tons out, etc. It was questioned what it matters as far as how much tonnage there is per day, other than for the small community exemption, which was a huge matter for the county. Chairman Dinning said he will look into that more and he added that it’s a Federal Environmental Protection Agency (EPA) rule that the state implements. Clerk Poston spoke of seasonal residents and the homeowner’s exemption as it relates to determining population. It was said when County Outside Auditor Leonard Schulte figures his estimate of the landfill closure, it took into consideration the additional acreage.
The meeting with Mr. Skeen and Mr. Owen ended at 10:16 a.m.
Chairman Dinning handed out the proposed language from the Waterways Board pertaining to no wake zones, etc.
Chairman Dinning informed Commissioners that Planning and Zoning Administrator John Moss is tracking hours, including the hours of Road and Bridge Department Assistant Superintendent Renee Nelson and GIS Mapper Olivia Drake, to see how many hours is spent for certain types of work and to determine if a fee needs to be established for this work.
10:20 a.m., Chief Probation Officer Stacy Brown joined the meeting.
Commissioners briefly mentioned the matter of Doug Ladely Sr.’s comments pertaining to maintenance and ownership of a portion of Tamarack Lane. Chairman Dinning said there was a 30 foot width that was deeded, but the county never maintained it.
Ms. Brown updated Commissioners on probation statistics as follows: there are 181 people on supervised probation, 127 people on unsupervised, which is a decrease; there are 34 adults on misdemeanor probation, 17 people on juvenile probation with four more people pending, and three people in the diversion program.
Ms. Brown informed Commissioners that the Probation Office will host something for Boundary County Emergency Services Director Mike Meier on May 29th since he is retiring and it will be just to drop in and say goodbye to him.
Ms. Brown informed Commissioners of a meeting on May 13 & 14th where her attendance is requested and it has to do with pre-trials, etc. Commissioners suggested Ms. Brown hold off on attending that.
Ms. Brown discussed her budget and said she doesn’t have a budget for overtime. Commissioners suggested Ms. Brown add overtime into her budget. Clerk Poston said the compensatory time issue is not with the Probation Department. Chairman Dinning said Commissioners have to do this for each of their departments. Once the budget for overtime is used up, then compensatory time can be used.
The meeting with Ms. Brown ended at 10:35 a.m.
Commissioners tended to administrative duties.
11:00 a.m., Courthouse Maintenance John Buckley joined the meeting to provide a department report. Also present was Billie Krause and Jeanie Bender.
Mr. Buckley said he would like to hold an auction for surplus county personal property and he is thinking of the third week in June. Mr. Buckley said he will look into the required paperwork. Besides regular maintenance Mr. Buckley said he needs to rebuild the picnic tables, finish landscaping around the trees, get windows cleaned, pressure wash the Courthouse, replace bark in the flower beds, remove two trees next to the stairs to the Courthouse, and get the air conditioning units cleaned out.
Mr. Buckley said when he started working for the county there was a cycle for trimming the maples trees and three trees have been done so far. It’s time to start that cycle again as the trees are growing and it’s a lot of weight. Chairman Dinning asked Mr. Buckley to get cost information again. Mr. Buckley said he has a lot of projects going around the Courthouse adding that he’s also working on the restroom in the Appraisers’ Office and breaking down and cleaning the boiler and replacing values. Mr. Buckley said he has the trim for around the floor and new carpeting in the small court room. He will look for help in painting the courtroom ceiling. A baby changing station has been installed in the Memorial Hall and another one will be installed in the women’s room on the second floor of the Courthouse. Sanding and refinishing needs to be done in the large court room. Mr. Buckley said he wants to get new seals for around the windows in the Courthouse as there is a kind that does not shrink.
Mr. Buckley informed Commissioners that he has two bids for sidewalk repairs and he listed the areas that need work. Everything will be removed and the grade will be brought up to the top of the curb. The other quote is for the area under the leanto connected the Appraiser’s Office and work would include a slab, four posts and a 24 inch curb there. Mr. Buckley said he had the two bids and the total was $5,100 from one person for everything, but he doesn’t know if that included all materials. Mr. Buckley reviewed work involved from another quote for certain areas and the total was $15,000. So there is one quote totaling approximately $5,100 and the other quote was for $15,000 so Mr. Buckley said he would get the scope of work associated with the lower quote. It was stated that this work has not been budgeted for in the current budget and it would be for some time in October or so.
Mr. Buckley said a second roofing contractor, Garland Company, came to look at roof of the Sheriff’s Office and did a walk through so now he’s just waiting for the quote. This roof was built in 1996 before winter and that cost had been $24,000, which is what Mr. Buckley said he estimated the current repairs to cost. One contractor passed up bidding on the repairs due to the labor intensiveness of this roof. This bidder said it could cost the county $80,000 to $90,000. The roof made it through this last year without any leaks. Mr. Buckley commented that he also learned the units on the roof of the Sheriff’s Office need to have eight inch curbs and these curbs are currently only three inches tall. Those present continued their discussion on maintenance at the Sheriff’s Office.
11:27 a.m., Restorium Administrator Karlene Magee joined the meeting.
Commissioners asked Ms. Magee about cleaning the heating ducts. Ms. Magee said she has had the ducts cleaned, but was going to call the company to have it done again. Mr. Buckley said Restorium Maintenance Squire Fields has a schedule for the ducts. Mr. Buckley mentioned that the local North Idaho College Office has techs who come up to change filters there.
The meeting with Mr. Buckley ended at 11:30 a.m.
Commissioner Cossairt moved to sign the Certificate of Residency for Karen Glazier. Commissioner Kirby second. Motion passed unanimously.
Ms. Magee provided Commissioners with a department report. The Restorium currently has 36 rooms filled. There is a potential resident Ms. Magee spoke to who is not yet ready to come to the Restorium and Ms. Magee said she has to discharge another resident so the Restorium will be down to 35 rooms filled. For budget purposes, the Restorium has 17 full time employees, according to Ms. Magee. Clerk Poston said she will look at what it takes to add one more full time employee, but she knows it will cost approximately $28,000 for a full time employee’s insurance at the family rate.
11:35 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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 11:45 a.m. No action was taken.
Ms. Magee informed Commissioners that Cool-It will come to the Restorium today to work on the air conditioning unit and relocate it.
The meeting with Ms. Magee ended at 11:47 a.m.
Commissioners tended to administrative duties.
1:30 p.m., Commissioners held a bid opening for snow removal equipment for the Boundary County Airport through the Federal Aviation Administration grant. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Airport Manager Dave Parker, and bidders Jim Jordan with Western States and Jason Jones with Pape’ Machinery. The bid opening was recorded.
Commissioners stated that two sealed bids were received.
The bid from Pape’ Machinery totaled $315,081.00 and it included a bid bond for 5% of the total amount bid. The bid from Western States totaled $315, 800.28 and also included a bid bond for 5% of the total amount bid. Chairman Dinning spoke of an addendum in the bid from Pape’ Machinery. Mr. Parker said he is to take a copy of each bid back to Trey Dail with T-O Engineering to get some clarity and provide a recommendation. Mr. Jones explained that the bid contains a total base figure for items 1 through 3 as well as the price for the angled broom, which is an additional cost. Commissioners reviewed the bids as follows: the bid from Pape’ Machinery for items 1 through 3 is $298,175.00 and for Alternate #1, which is a 12 foot angled broom, the cost is an additional $16,906.00. The bid from Western States CAT for items 1 through 3 is $296,399.17 and for Alternate #1, for the 12 foot angled broom, the additional cost is $19,401.11.
The bid documents seem to be in order, according to Chairman Dinning. Commissioners will continue the bid opening and decision to Monday, May 13, 2019, at 11:00 a.m.
The bid opening ended at 1:42 p.m.
Mr. Jones and Mr. Jordan left the meeting.
Mr. Parker requested Commissioners’ approval to fill out and submit paperwork with the Federal Aviation Administration (FAA) so the airport can be registered to obtain surplus equipment. Mr. Parker added that he will also need to get the FAA’s approval. Chairman Dinning briefly voiced concerns.
Mr. Parker informed Commissioners of a request to construct another hangar. What is coming next is to bring in the infrastructure and run it down the next row and Mr. Parker referenced water, electric and gas. Mr. Parker stated that the process started some time ago wherein the county charges $2,000 up front when a hangar lease is signed and the airport takes those funds and puts it into the Auditor’s Trust to help fund the next infrastructure. There are existing paved areas that meet the Federal Aviation Administration (FAA) specifications and that gets them connected.
Commissioner Kirby moved to authorize Airport Manager Dave Parker to complete the Federal Aviation Administration (FAA) Surplus Registration form for the Boundary County Airport for the ability to receive surplus equipment. Commissioner Cossairt second. Motion passed unanimously.
Mr. Parker left the meeting at 2:18 p.m.
County resident Gary Atkins stopped by Commissioners’ Office to discuss the newly constructed area of Atkins Canyon. Mr. Atkins stated that the new area has been built too high and there is only one lane where the contract stopped. There was talk about digging the hillside out and it would create another Highway 95 slide situation like the area in Naples as the whole area is swamp. It’s sliding already as it’s been sliding for 50 years, according to Mr. Atkins. Mr. Atkins mentioned ways to help sliding from occurring, such as driving a piling far enough into the ground adding that there is the ideal set up with the railroad right now and concrete ties could be used. Chairman Dinning said Commissioners would check it out. Mr. Atkins also suggested rock gabions.
Mr. Atkins left the meeting at 2:26 p.m.
2:30 p.m., Commissioners held a public hearing to consider regulating uses on county property to include Boundary County fairgrounds and park, Deep Creek boat launch, Rocky Point boat launch, Copeland boat launch, and Riverside Park. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Courthouse Maintenance John Buckley, Phil Allegretti, Blue Sky Broadcasting News Reporter Mike Brown, Parks and Recreation Board Chairman Rob Tompkins, and Don Morice. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures and stated that Boundary County is the applicant in this hearing. No Commissioner cited a conflict of interest. No one had any questions of the procedures. One written comment was provided by Phil Allegretti and it was read into the record. Chairman Dinning said the county had implemented an ordinance for use at the county’s snowmobile park property and it has worked well. Commissioners have heard of there being issues with people camping at the Deep Creek boat launch so an ordinance was drafted, but there is some verbiage and terminology n that draft ordinance that was corrected after the notice had gone to the newspaper for publication.
Chairman Dinning said Commissioners will go forward as was presented and he asked for public comment from those in favor of the application, followed by those who are uncommitted and those who are opposed. Mr. Allegretti, speaking as uncommitted, said that he had already submitted his comment. No one spoke in favor or opposed.
Chairman Dinning explained the proposed changes to the original language in the draft ordinance and said in the fourth “whereas” paragraph in the ordinance that was published, there was the “included, but not limited to” verbiage and that means this ordinance would pertain to every property the county owns so Commissioners need to have discussion about that as this ordinance is just for the properties that are identified. He further explained that the county owns 40 acres near Black Mountain and property next to the landfill and people hunt on these properties so discharging firearms does not fit for those parcels. Chairman Dinning said the other issue that was brought to his attention is that this ordinance also pertains to the fairgrounds where we have a fireworks display and other fair events that may be a direct conflict. What should occur is to make an exemption for those activities that are specifically approved by Boundary County, the Parks and Recreation Department and or the Fair Board in order to eliminate that conflict. In finding it in the public’s interest to regulate use, rather than have the verbiage “all real property” in the ordinance, it should state “above-described properties.” Mr. Tompkins asked if the ordinance mentions fireworks and Chairman Dinning listed what the ordinance states. Mr. Tompkins said he just asks because the City of Bonners Ferry already has a provision for fireworks. It was said Commissioners are trying to limit camping for extended periods of time, yet still allow a family or an individual to stay for a three day weekend, and if that’s abused, Commissioners can go back and look at this again. Commissioner Cossairt said he wondered about limiting the number of campers. Mr. Allegretti said it would be a good idea to limit that number because if you get to a location, there might be too many campers to be able to launch a boat.
Mr. Buckley asked about regulating parking and allowing boat launches to stay open, adding that he realizes this ordinance is not for boat launches. Chairman Dinning referred to the draft ordinance and said there is no reference in this ordinance, but Commissioners are considering another ordinance for that. It was stated that Commissioners don’t want camping at the Rocky Point boat launch and the only places for that can be the Deep Creek, Copeland and Porthill boat launches. Chairman Dinning said the only problem location he is aware of is the Deep Creek boat launch. Mr. Buckley said Porthill has had a bit of an issue. Clerk Poston said Riverside Park has had a problem as well. Mr. Morice said when square dancing is held at the fairgrounds, people who participate stay overnight for two or three days so will this ordinance impact that? Chairman Dinning said if Commissioners adopt this amended language, the events that are approved by Boundary County or the Parks and Recreation Board and Fair Board would be excluded from those restrictions. Chairman Dinning questioned what a good number of campers would be that is fair as far as setting a limit. Commissioners said they didn’t want any camping allowed at Rocky Point boat launch. Two camp sites were questioned for Deep Creek and Mr. Buckley said there are five there now. Mr. Allegretti said you can’t blame people for parking there as it’s beautiful, but maybe stay there for just for a weekend and not for weeks at a time. Mr. Buckley said if people parked in an orderly fashion, there could be more sites, but not with the way they are currently parking. There are five areas taken today and you are still able to access the boat launch so it’s all up to how people park. Mr. Buckley said he stops by the boat launches twice a week this time of year. The Copeland boat launch has not been a problem and there has been one situation at the Porthill boat launch, according to Mr. Buckley. Mr. Tompkins said last year there was someone at that location for approximately three weeks. Chairman Dinning said as it pertains to Riverside Park, it will encompass the entire park. Mr. Tompkins said there was an abuse there one time and it wasn’t a matter of being a number of times, but it was an extended time. Mr. Allegretti said wouldn’t the purpose of the ordinance be for future use and he added just because it’s not a problem now, doesn’t mean it won’t become a problem in the future.
Mr. Buckley described where people have parked. Commissioner Cossairt proposed setting a limit of four campers at Deep Creek boat launch. Clerk Poston said if there are four campers at the Deep Creek location when it’s a hot day and people come to swim, it’s going to get crowded very fast. Four campers are too many at Deep Creek and four campers at Riverside Park would make it too crowded there, too. Clerk Poston said she could see two campers. Chairman Dinning said in looking at the other side, Commissioners need to allow more at the fairgrounds. Commissioner Cossairt said the fairgrounds and the ball park are open. Mr. Tompkins questioned if this would be better served in the ordinance that the Waterways Board is proposing. Commissioners said the Waterways Board is aware of this ordinance and it would take another six weeks before another ordinance could be adopted. Mr. Buckley said the fairgrounds was mentioned, but there are already signs at that location that say there is a 72 hour maximum for overnight stay. It was asked if that was an ordinance. Clerk Poston said as a member of the Fair Board, no, they just put the signs up.
Chairman Dinning reviewed proposed changes to verbiage and included two additional statements under Section 4, such as adding 4.5, to state that any approved activity by Boundary County and/or Boundary County Parks and Recreation Department and/or Boundary County Fair Board, shall be excluded from provisions of this ordinance. And adding 4.6 to state that camp sites will be limited to three at the Deep Creek and Copeland boat launches as well as Riverside Park, no camp sites will be allowed at the Rocky Point boat launch, and the fairgrounds will have no limit in the number of campers.
Other amendments to the original language are: changing the term “real property” to “above-described properties” and removing the term “but not limited to” in the fourth “whereas” paragraph, and changing verbiage to say “camp sites.”
Commissioners opened the public hearing to receive public comments again and asked for comments in favor, uncommitted and opposed to the amended application. Mr. Allegretti, Mr. Buckley and Mr. Tompkins raised their hands in favor. No one spoke uncommitted or opposed to the application. Commissioners closed the hearing to public testimony and held discussion amongst themselves. Chairman Dinning said Commissioners have gone over the changes. There are certain sections where the term “real property” is going to be changed to state “above-described property”, there will be limits to the number of camp sites at this point, and any activity at the fairgrounds and ball park that’s been approved by the Fair Board, Parks and Recreation Board and/or Commissioners will be excluded from this ordinance.
Commissioner Kirby moved to adopt Ordinance 2019-2 as amended. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. Ordinance 2019-2 reads as follows:
BOUNDARY COUNTY
Ordinance No: 2019-2
Boundary County Real Property Permitted Uses
WHEREAS, Boundary County is a political subdivision of the State of Idaho;
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, has the authority to act on behalf of the Boundary County;
WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho has the authority to care for and regulate uses on real property that it owns;
WHEREAS, Boundary County is the owner of certain real properties that are used by the public to include the Boundary County Fairgrounds and Park, Deep Creek Boat Launch, Rocky Point Boat Launch, Copeland Boat Launch, and Riverside Park.
WHEREAS, the above-described properties have been open to the public for its enjoyment and use. However, certain members of the public have abused the use of the property. Certain members of the public have had extended stays on the property to the exclusion of other members of the public, animals have been left unattended and their defecations have not been cleaned up, loud noises and offensive noise have occurred at all times of the day, and firearms have been discharged on the property open to the public;
WHEREAS, after considering public comment, the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to adopt an Ordinance to regulate the use of the above-described properties owned by Boundary County,
WHEREAS, Commissioner Walt Kirby moved to adopt Boundary County Ordinance 2019-2;
WHEREAS, the motion was seconded by Commissioner Wally Cossairt and no further discussion was had; and
WHEREAS, Commissioner Dinning acted as Chairman called for a vote on the motion and both Commissioner Cossairt and Commissioner Kirby voted in the affirmative.
NOW, THEREFORE BE IT ORDAINED by the Boundary County Board of Commissioners, Boundary County, Idaho that the following be and is hereby ADOPTED as an Ordinance of Boundary County:
Section 1: Purpose
The purpose of this Ordinance is to regulate and provide penalties for violations of certain uses of Boundary County real property.
Section 2: Short Title
This Ordinance shall be known and may be cited as Boundary County Real Property Permitted Uses.
Section 3: Owner of Real Property
Boundary County is the owner of real property located in Boundary County.
Section 4:
4.1 It shall be unlawful for any person or persons to discharge any firearm on the above-described properties belonging to Boundary County. A firearm shall include but not be limited to a BB gun, Pellet Guns, and any caliber of rifle, handgun, shotgun, semi-automatic, or automatic firearm.
4.2 It shall be unlawful for any person or persons to camp on the above-described properties belonging to Boundary County for more than three consecutive nights.
4.3 It shall be unlawful for any person or persons who own or are caretaking an animal to leave the animal unattended on the above-described properties belonging to Boundary County. All animals shall be required to be on a leash. The owner or caretaker of the animal shall immediately clean up any animal defecation and dispose of it in a trash can.
4.4 It shall be unlawful for any person or persons to cause any loud or obnoxious noises from 8:00 PM to 8:00 AM every day on the above-described properties belonging to Boundary County. It shall be unlawful to run a generator for any purpose from 8:00 PM to 8:00 AM every day on the above-described properties belonging to Boundary County.
4.5. That any approved activity of Boundary County and/or Boundary County Parks and Recreation and/or Boundary County Fair Board, shall be excluded from provisions of this ordinance.
4.6 That the fairgrounds will have no limit in the number of camp sites, camp sites will be limited to three (3) at the Deep Creek Boat Launch, no camp sites will be allowed at the Rocky Point Boat Launch, camp sites will be limited to three (3) at the Copeland Boat Launch, and camp sites will be limited to three (3) at Riverside Park.
Section 5:
Section: Violations and Penalties:
The violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Three Hundred Dollars ($300.00), imprisonment in the Boundary County Jail for a period not to exceed six (6) months, or both fine and imprisonment.
Section 6: Severability:
If any of the provisions of this Ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable.
Section 7: Effective Date.
The immediate operations and enforcement of this Ordinance is necessary for the order and preservation of public health, public safety and general welfare. This Ordinance shall be in full force and effect from its passage by the Boundary County Board of Commissioners and publication and posting as required by law.
ADOPTED this 6th day of May, 2019
Chairman Dinning “aye”
Commissioner Cossairt “aye”
Commissioner Kirby “aye” COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_________________________________
Dan Dinning, Chairman
s/_________________________________
Wally Cossairt, Commissioner
s/_________________________________
Walt Kirby, Commissioner
ATTEST:
s/_______________________________
Glenda Poston, Boundary County Clerk
Recorded as instrument #277689
The hearing ended at 3:14 p.m.
3:40 a.m., Eric Anderson, Tess Rae, Larry Davidson, Hank Willis, Darron Branson, Josh Sherven, and Sharlene Delaney joined the meeting to discuss a proposal for trails by the 9B Trails Organization.
Ms. Rae presented a map of the area of discussion for Commissioners’ review as well as a draft Voluntary Maintenance Agreement. Ms. Rae said 9B Trails was awarded $25,000 through the Urban Renewal grant for this trail. Ms. Rae spoke of the proposed non-motorized trail system for all ages to be constructed in the area of Riverside Park and she and Mr. Davidson explained that the type of road surface to be used would be similar to concrete. The material is designed in Pennsylvania and it’s a hard, very durable surface, but less expensive than concrete. In referring to the map, it was explained that the trail would start at the city’s park by the Bonners Ferry Family Medicine Office, continue under the bridge and connect to Riverside Park and continue around, etc., Chairman Dinning asked if Drainage District Two Commissioners signed off on this plan. Ms. Rae said 9B Trails has already received their okay, but will still get that in writing. Ms. Rae spoke of a non-motorized boat ramp as well as fitness trails and stations to be placed along the way. It was said these stations could be sponsored. Mr. Davidson said 9B Trails, as the organization in the agreement, would agree to maintain the trail system. Mr. Anderson spoke of support from the local hospital for the stations. Ms. Rae explained the trails that the City of Sandpoint has and stated that we have that same opportunity here, but instead what is visible is graffiti. This plan had been sitting on the books since 1990, according to Ms. Rae. Commissioners were provided with letters of support for the project.
Those present questioned why the bridge stub next to Bonners Ferry Family Medicine was left the way it is. Mr. Anderson said there must be some documents and or agreements that exist between Union Pacific Railroad and the Idaho Transportation Department (ITD) or county to leave that bridge stub that way. Mr. Davidson said he thinks they can get that answer from ITD long before getting an agreement from Union Pacific.
Chairman Dinning said Commissioners just adopted an ordinance pertaining to camping and approved camping for a period not to exceed three days. Ms. Rae said the only thing about Riverside Park is that it’s better as a day use park. Chairman Dinning said Commissioners needed to address the issue at the Deep Creek boat launch so they included other parks and boat launches as well. It was said the grant will include the construction of trails and the agreement is for a three year term. The Parks and Recreation Board will be responsible for cleaning out the garbage cans along the trails. Ms. Rae said the Parks and Recreation Board spoke of wanting to put up a gate to block access and she mentioned that someone has been driving down at Riverside Park and doing brodies in their car.
Ms. Rae spoke of advocating for the project and applying for grants, having missed one opportunity. 9B Trails has estimates to figure out, such as the cost to gravel or pave the trail. Our area has nothing like this and Commissioners will see people using it. Chairman Dinning commented about the trails being paved as opposed to gravel so a wheel chair can access it. Mr. Davidson said the trails will stay Americans with Disabilities Act (ADA) approved and the material used will be as well. Chairman Dinning said he’s aware of infrastructure in that vicinity, such as city power, sewer and water. Commissioners discussed the pump at Riverside Park that is used for irrigation. Ms. Rae said she has pending approval for stations if she has Commissioners’ support. Ms. Rae mentioned it would be beneficial to have signage for the trails.
Mr. Davidson said he believes Section 16 in the area south of town has been flagged as per IDL’s request. IDL will look over the information and prepare an agreement that Mr. Davidson feels will be between IDL and the county. Mr. Davidson said 9B Trails would undoubtedly be involved, etc. Chairman Dinning said that area may have more issues as it sees a lot of hunting use so there might be pushback. Mr. Davidson said to keep in mind it’s IDL’s property and he informed Commissioners of that same kind of push back in using the Farnsworth property. Mr. Anderson spoke of cross country skiing being a big use in Section 16. Mr. Davidson said when 9B Trails first pitched the idea to IDL, they weren’t in favor of motorized usage, but IDL in Boise said they have the responsibility to maximize use of the land and that includes motorized use. That vicinity will have separate, but equal areas for motorized and non-motorized use and parking is proposed for the southeast corner.
The meeting to discuss a proposed trail system ended at 4:15 p.m.
There being no further business, the meeting adjourned at 4:30 p.m.
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DAN R. DINNING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk