***Monday, May 6, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Courthouse Maintenance Squire Fields and Assistant Maintenance Mike Kralik joined the meeting to give the department report.
Those present discussed having had the Courthouse tested for moisture and mold issues. Mr. Fields said the Supreme Court is going to have the Courthouse tested for mold. One suggestion was to remove the existing ceiling on the third floor, spray treat it and have a new drop ceiling installed. One company suggested fogging offices to kill off any existing mold and that would also prevent new mold from forming. Stage two is having a dehumidifier on every level of the Courthouse, but the Courthouse’s electrical capacity could not support that. It will cost $1,000,000.00 to remove the third-floor ceiling, treat the area and install a new ceiling. Mr. Fields said Trial Court Administrator Karlene Behringer is looking into this issue. Mr. Fields said he was told this situation could be expected with the type of boiler system the Courthouse has. Chairman Bertling asked what alternative there is for heating the Courthouse, because we may need to look at changing our heat source. Mr. Fields said they will wait for the second report to come back and he explained that these are free consultations before samples are taken.
Commissioners and Mr. Fields discussed replacing the wood siding on the current Appraiser’s Office behind the Courthouse. Mr. Fields explained that doing work for the Parks and Recreation Department is taking more time away from doing maintenance for the Courthouse than originally thought. Mr. Fields discussed having to take time away from the Assessor’s Office to work for the Parks and Recreation Department. Chairman Bertling said he did receive a compliment about the lawn looking nice after it was mowed.
Commissioners, Mr. Fields and Mr. Kralik discussed the leak involving the RV dump station and the work that KG & T had done.
9:32 a.m., Treasurer Jenny Economu joined the meeting.
Treasurer Economu asked Commissioners about interest generated as a result of the ARPA funds and she requested signatures from Commissioners for moving the interest into a different account.
Treasurer Economu left the meeting at 9:34 a.m.
Clerk Poston discussed working with the Idaho Counties Risk Management Program (ICRMP) on the $9,800.00 in storage fees for the truck that was to be delivered to Road and Bridge, but sustained damage while in route.
Commissioners and Clerk Poston briefly discussed Secure Rural Schools funding designation.
9:55 a.m., Solid Waste Department Superintendent Richard Jenkins joined the meeting.
Commissioner Cossairt moved to sign the Findings and Decision for Planning and Zoning File #24-0046, Maison Estates Subdivision, Maas Loop, LLC, for a rural subdivision. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Agreement with Bonners Ferry Family Medicine for jail inmate medical services. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Findings and Decision for Planning and Zoning File #24-0047, regarding updates to Boundary County’s Flood Code Ordinance. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Ordinance #2024-7. An ordinance for Boundary County, Planning and Zoning File #24-0047, the Flood Damage Prevention Ordinance. Commissioner Robertson second. Motion passed unanimously. Ordinance 2024-7 reads as follows:
BOUNDARY COUNTY, IDAHO ORDINANCE NO. 2024-7
BOUNDARY COUNTY PLANNING & ZONING FILE # 24-0047
FLOOD DAMAGE PREVENTION ORDINANCE
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, REPEALING IN ITS ENTIRETY THE FLOOD DAMAGE PREVENTION ORDINANCE KNOWN AS FLOOD DAMAGE PREVENTION ORDINANCE 2015-1 IN ITS ENTIRETY AND ADOPTING A NEW FLOOD DAMAGE PREVENTION ORDINANCE, THAT REFLECTS THE REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM AND THE STANDARDS OF THE STATE OF IDAHO DISASTER PREPAREDNESS ACT; TO PROVIDE: DEFINITIONS; A BASIS FOR THE FLOODPLAIN AND REGULATIONS; ADMINISTRATIVE PROCEDURES; DEVELOPMENT PERMITTING AND STANDARDS; APPEAL AND VARIANCES PROCESSES; EXCEPTIONS; A VIOLATIONS PROCESS; ESTABLISHMENT OF PENALTIES AS A MISDEMEANOR; CIVIL REMEDIES AND TO PROVIDE SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Constitution of the State of Idaho, Article XII, Section 2, and Title 31, Chapter 7 provides authority for the Boundary County Board of Commissioners to adopt ordinances necessary to provide for the safety of the county; and
WHEREAS, the State of Idaho Disaster Preparedness Act, Title 46, Chapter 10, authorizes local governments to adopt floodplain maps and a floodplain management ordinance to minimize flood hazards and to protect life, health, and property from flooding; and
WHEREAS, Idaho Code §46-1020(c) recognizes local governments have the primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish proper floodplain management; and
WHEREAS, Boundary County recently completed a Community Assistance Visit with the Federal Emergency Management Agency and has been advised to update its flood damage prevention ordinance to reflect current minimum state and federal floodplain regulations; and
WHEREAS, the Boundary County Board of Commissioners held a duly noticed public hearing on April 2, 2024, at which time interested persons had the right to be heard regarding the proposed ordinance.
NOW THEREFORE, Be it ordained by the Board of County Commissioners of Boundary County, Idaho that the following ordinance is hereby adopted, as follows:
ADOPTION: Boundary County Flood Damage Prevention Ordinance Flood Damage Prevention Ordinance 2015-1 is hereby repealed in its entirety and a new Flood Damage Prevention Ordinance is hereby adopted to read as follows:
Article I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE,
AND OBJECTIVES
Section A. Statutory Authority
Section B. Findings of Fact
Section C. Statement of Purpose
Section D. Objectives and Methods of Reducing Flood Losses
Article II. DEFINITIONS
Article III. GENERAL PROVISIONS
Section A. Lands to Which This Ordinance Applies
Section B. Basis for Special Flood Hazard Areas
Section C. Establishment of Floodplain Development Permit
Section D. Compliance
Section E. Abrogation and Greater Restrictions
Section F. Interpretation
Section G. Warning and Disclaimer of Liability
Section H. Penalties for Violation
Article IV. ADMINISTRATION
Section A. Designation of Floodplain Ordinance Administrator
Section B. Duties and Responsibilities of the Floodplain Administrator
Section C. Floodplain Development Application, Permit, and Certification Requirements
SECTION D. Corrective Procedures
SECTION E. Variance Procedures
Article V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Section A. General Standards
Section B. Specific Standards
Section C. Standards for Floodplains without Established Base Flood Elevations
Section D. Standards for Riverine Floodplains with Base Flood Elevations but without Established Floodways.
Section E. Standards for Floodways.
Section F. Standards for Areas of Shallow Flooding (Zone AO, AH, AR/AO, or AR/AH)
Article VI. LEGAL STATUS PROVISIONS
Section A. Effect on Rights and Liabilities under the Existing Flood Damage Prevention Ordinance
Section B. Effect upon Outstanding Floodplain Development Permits
Section C. Severability
Section D. Effective Date
This ordinance shall be in full force and effect upon the passage and publication of the ordinance or ordinance summary in one (1) issue of the official newspaper for Boundary County, in accordance with the Idaho State Code.
This ordinance duly enacted as an ordinance of Boundary County, Idaho on this 6th day of May, 2024, upon the following roll call vote:
ROLL CALL:
Commission Chair Bertling s/______________________
Commissioner Cossairt s/______________________
Commissioner Robertson ¬¬¬¬¬¬¬¬s/______________________
APPROVAL OF ORDINANCE SUMMARY
Publication of the ordinance by summary in the official newspaper is hereby approved by the Boundary County Commissioners on this 6th day of May, 2024, upon the following roll call vote:
ROLL CALL:
Commissioner Bertling ¬¬¬¬¬¬¬¬s/________________________
Commissioner Cossairt s/________________________
Commissioner Robertson s/________________________
ATTEST:
s/_____________________ May 6, 2024
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #297047
Commissioner Cossairt moved to sign the Summary for Ordinance 2024-7. Commissioner Robertson second. Motion passed unanimously.
10:00 a.m. Solid Waste Department Superintendent Richard Jenkins joined he meeting to give his department report. Those present discussed Mr. Jenkins’s hours worked in relation to delegating. Mr. Jenkins explained that he will be under budget for payroll. A long-term solution would be to work Monday through Thursday. Commissioner Robertson questioned why working a certain set of days during the week wouldn’t work for Mr. Jenkins.
Mr. Jenkins discussed doing quarterly methane testing. Mr. Jenkins spoke of chronic wasting disease in relation to the Landfill Operations Plan. Animals affected by this disease need to be buried three feet down with the area marked on a map. Mr. Jenkins said he will find a place to put these animals and he mentioned that the reason he wanted that taken out of the Operations Plan is due to being an unlined facility.
Mr. Jenkins spoke of an upcoming meeting with the Department of Environmental Quality (DEQ) to review task orders and agreements. Matt Beeter with DEQ will review the drafts and then forward them as soon as possible so they can be reviewed in advance. Mr. Jenkins said he is encouraged with what DEQ is coming forward with and it will solve a lot of issues.
Commissioner Cossairt moved to sign the CDL Reimbursement Agreement for a Solid Waste Department employee. Commissioner Robertson second. Motion passed unanimously.
Mr. Jenkins left the meeting at 10:39 a.m.
10:40 a.m., Chief Probation Officer Alisa Walker joined the meeting to give her department report.
Ms. Walker spoke of getting referrals for drug court and she informed Commissioners that drug court is down to three participants currently. Ms. Walker spoke of wanting to look into a program geared toward parenting guidance. Commissioner Robertson said the University of Idaho Extension Office has parenting classes as well. Ms. Walker discussed having a meeting with a judge about mailing statements to collect supervision fees, court fines and other fees, and sending a blanket letter to people to remind them of their financial obligation, since people are getting off of supervision without paying their fees. Ms. Walker said she will try this system on a quarterly basis for one year. Ms. Walker plans on attending a treatment court program in Boise later this week. Most of the gear Ms. Walker has ordered for field work has come in, such as coats, shirts and medical kits. Ms. Walker listed the multiple training courses coming up that her department will take part in.
The meeting with Ms. Walker ended at 10:58 a.m.
11:00 a.m., Boundary Economic Development Council (EDC) Director David Sims joined the meeting to update Commissioners on EDC business.
A member of the public also joined the meeting.
Mr. Sims updated Commissioners on matters pertaining to various local businesses. As it relates to the former Safeway building, Mr. Sims said he submitted the new brownsfield application request and he submitted supporting documentation to Steve Gill, who is a brownsfield specialist with DEQ. Mr. Gill will submit an application to the Environmental Protection Agency (EPA) on behalf of the county. Mr. Sims updated Commissioners on the Broadband Equity Access Deployment (BEAD) Program and Value-Added Producer grants. The first construction meeting for the Moyie Sewer project has taken place. The City of Moyie Springs is getting full funding from DEQ to replace a broken water line. The ditch is dug and the pipe is in the ditch. Mr. Sims discussed the Rural Success Summit he attended last week that was focused on agriculture as well as housing. Panhandle Area Council (PAC) is a starting new economic development strategy for the five northern counties. Commissioner Bertling informed Mr. Sims that Bogie and Sons Roofing feels a full roof replacement is needed for the former Safeway building.
Commissioner Cossairt moved to sign the grant letter of support for the amount of $12,000.00 for the Economic Development Program. Commissioner Robertson second. Motion passed unanimously.
The meeting with Mr. Sims ended at 11:30 a.m.
A member of the public asked Commissioners about the status of the Restorium since she has a relative there. Chairman Bertling informed this person that the Restorium is the only county-owned assisted living facility in Idaho. An inquiry was made about the ability to volunteer.
11:30 a.m., Restorium Administrator Janay Smith joined the meeting to give her department report.
Ms. Smith said it has been busy at the Restorium. The resident count is at 30, but unfortunately, she has to make one discharge. Those present discussed the matter of a resident account that is in arrears totaling $3,700.00. The resident’s family wants to pay the county $3,000.00 and request the remaining $700.00 be excused. Ms. Smith mentioned that the State requires the Restorium to have an evacuation destination in case of fire, etc. and there isn’t one in place now, but there used to be an agreement with Boundary Community Hospital. Ms. Smith said a designated area needs to be someplace else now. The County Annex could be listed as a destination, but Commissioner Robertson said the Annex is not that big, so it might have to be the fairgrounds.
Those present discussed volunteering at the Restorium and it was said the county and Restorium would need a copy of the volunteer’s driver’s license if they want to use the Restorium’s vehicle. Clerk Poston suggested creating a chart and to go ahead and get a copy of the person’s insurance as well. Those present discussed the cost of food and it was said that increasing the cost of meals at the Restorium would need Commissioners’ approval and if the increase is 5% or higher, it would require a public hearing. Commissioners and Clerk Poston reviewed the quarterly budget information for the Restorium. Ms. Smith asked about switching her position to earning comp time and Clerk Poston said she would need to 40 hours per week to earn comp time.
The member of the public asked Ms. Smith about the ability to volunteer at the Restorium, such as in the kitchen or doing laundry. Ms. Smith said she would just need to fill out the volunteer application, provide copy of driver’s license and a volunteer needs to work under a supervisor.
The meeting ended at noon.
Commissioner Cossairt moved to sign the Certificate of Residency for Gunnar Miller. Commissioner Robertson second. Motion passed unanimously.
Commissioners recessed for lunch.
1:30 p.m., Commissioners reconvened for the afternoon session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Assessor Olivia Drake also joined the meeting.
1:30 p.m., Road and Bridge Department Superintendent Brad Barton and Road and Bridge Department Assistant Adam Ryals joined the meeting to give the department report. Mr. Barton reviewed work as listed in the written report.
Mr. Ryals updated Commissioners on matters pertaining to the crusher.
Those present discussed the piggy back bid information from Bonner County regarding magnesium chloride.
Commissioner Robertson moved to accept the piggyback bid offer for magnesium chloride and to sign the Independent Contractor Agreement. Commissioner Cossairt second. Motion passed unanimously.
Mr. Ryals discussed having not yet paying the invoice to Modern Machinery as it’s in dispute, but it has been reduced. Commissioner Robertson asked Mr. Ryals and Mr. Barton if they are okay with that and he added that the issues are causing Road and Bridge a lot of downtime. Road and Bridge will forward the invoice to County Civil Attorney Bill Wilson for review on the matter.
The road validation process involving Labrosse Hill Street and the appraiser associated with the Riverside Road Improvement project will be up in the next week.
Assessor Drake mentioned that a title company has asked her why the county shows a portion of Winter Road in its system, because she doesn’t think this road is in any of the county’s maintenance records. Assessor Drake said when there is a question about a legal description, she will follow where the road takes her and she fixes the issue, but she can’t in this case. Commissioner Robertson said he would just want to make sure there aren’t public utilities running up this road.
1:50 p.m., The meeting with Mr. Barton and Mr. Ryals ended.
2:00 p.m., Commissioners held a public hearing to consider Planning and Zoning File #23-0180, for a land use code text amendment and the applicant is Boundary County. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Contract Planner Clare Marley and Planner Tessa Vogel, Prosecuting Attorney Andrakay Pluid, Planning and Zoning Administrator Ben Jones, Marty Martinez, Sara Marcoux, Grant Marcoux, Dale Blackmore, Kevin Lederhos, Bonners Ferry Herald Staff Writer Emily Bonsant, Sarrah Falck, Levi Falck, Gary Leonard, Richards Williams, Guy Patchen, E & J Irving, Larry McNutt, Shaun McNutt, Seth Fisher, Clarice McKenney with 9B News, Gerald Higgs, L. Feldmann, Adrienne Norris, Charles Becker, Robert Rains, Rick Haag, Fay Almond, Amanda Lammers, Michelle Walker, Jess Walker, Mark Carpenter, Eric Lederhos, Darron Branson, Tony Jacobs, Casey West, Tim West, Bruce Behrman, Mike Dunson, County Assessor Olivia Drake, John Romero, Erica Romero, Nathan Thomas, Gregory Lamberty, Wendy Bertling, Dave Engel, Tristan McLeish, Mike Facha, Jennifer McLeish, Mason McLeish, Jona Davis, Robert Davis, Joe Neumayer, Steve Price, Stephanie Harris, Dan Harris, Cassie Olson, Christy Kenz, Joe Kenz, Dennis McLeish, Carl Sanchez, Darius Ruen with Ruen-Yeager & Associates, Ben Erickson, and Michael Marler. (Other people outside of who signed the sign-in sheet may have also been present). The hearing was recorded.
Chairman Bertling reviewed the public hearing procedures. No one had questions of the process. Commissioners cited no conflict of interest.
Ms. Marley provided a staff report summarizing the information that has come before Commissioners already. This application was heard on March 11, 2024, at the County Commission level after receiving a recommendation of approval from the Planning and Zoning Commission. At the hearing in March, Commissioners decided to remand the application back to the Planning and Zoning Commission for more consideration and testimony.
Ms. Marley explained that Boundary County Planning and Zoning is assigned to take care of investigations of potential violations. Generally, Planning and Zoning receives this information in written form, but they also receive information on potential violations verbally. There are approximately 60 cases that are currently in the process now. Planning and Zoning had met with Sheriff Kramer, former County Civil Attorney Tevis Hull, and Undersheriff Stephens to review challenges of the current code in how it’s written now and the challenges of being able to enforce those violations. The outcome was a suggestion to overhaul the current code to better address the authorities that we have and the options that are given to us. The Planning and Zoning Commission held workshops, then took that outline to the Board of Boundary County Commissioners and then took the matter to hearing. This was approximately August of 2023 to today. Idaho Code gives authority to the Board of County Commissioners to seek enforcement via different methods. Ms. Marley explained that her presentation includes information from the Idaho Land Use Planning Act, which observes the options of fines, misdemeanors, infractions, civil action, injunctions or restraining orders. All of those are either contemplated in the county’s current code or in the proposed draft in front of Commissioners.
Ms. Marley said the slides in her presentation will cover what is in place and what is proposed. Right now, there is an infraction for a variety of violations in the county’s current code. Infraction means it’s still a criminal penalty. In the current draft, it removes the infractions. A part of the problem with the existing code is that it is says an infraction in one place and says misdemeanor in another section. The county’s current code says that each violation is considered per week, whereas it should be per day, which is in Idaho’s code. The other section said a person is forgiven if they pay a fine of up to $1,000.00 and that forgiveness section is proposed to be removed. Ms. Marley clarified that this is not the first time Commissioners are considering a misdemeanor. This is in the county’s current code and Ms. Marley reviewed which violations are considered a misdemeanor to include: failure to comply with structure placement, failure to comply with airport overlay, failure to obtain and comply with commercial/industrial placement permits, failure to obtain a conditional permit or a violation on a third violation of the same permit, failure to obtain a special use or temporary use permits, establishing a prohibited use, failure to plat meaning a subdivision, and false representation. Those are all in the county’s current code.
Ms. Marley said next is that there is a list of types of violations, some of those she just read, and in the proposed section it just says simply that an action or inaction not according to code would be considered a violation. An illegal structure remedy currently, is that you can pay up to $5,000.00 and the county can let that structure stay, whereas the current proposal is to take that out, being that could be unfair to allow someone to pay that kind of money and then not be required to do anything further. Voluntary compliance is encouraged in the current code and that is retained and reiterated in the proposed draft code. Ms. Marley gave an example of information regarding voluntary compliance and she said there are a great number of those that they can get voluntary compliance with. Ms. Marley explained the process when notice of violation letters are mailed to the property owner and what the next step is when the letters are ignored, which is to refer the matter over to the Prosecutor’s Office. Under the county’s current code, the matter may be referred directly to the Sheriff, but the Sheriff advises that that is not a good process to refer to them, because it doesn’t allow them to collect evidence and to understand what is going on, plus the Prosecutor needs to be involved. So, removing that section to refer to the Sheriff has been endorsed by the civil counsel and the Sheriff. Failure to abate is sent to the Sheriff and the County Commissioners may ask the Sheriff to assume that, but the proper authority would be the Prosecutor to decide what direction to take. Lastly, there is allowance for taking immediate action if there has been a threat to health, safety or welfare and that has to be determined by the Prosecutor and the Board of Commissioners.
Ms. Marley said when this topic was heard by Commissioners in the March hearing, there was discussion about different levels of penalties and if they should be looking at infractions and/or misdemeanors or civil only, and Commissioners wanted to take further consideration and wondered if the codes needed updated in response to testimony that had been heard. As of today, Commissioners have received comment letters regarding the proposed amendment up until the last hour, and Commissioners may want to hear from the public during this public hearing.
Kevin Lederhos spoke and said before the presentation he had asked about a conflict of interest. Mr. Lederhos explained that he had submitted a letter as there is a potential conflict of interest with one Commission board member. Mr. Lederhos said he brings this up as he was admonished for the same thing when he was a Commissioner. The potential conflict of interest is that, as a Commissioner, you don’t investigate something yourself as an individual board member, but as a board. Ms. Marley and Chairman Bertling said that is not a part of today’s hearing. Prosecutor Pluid explained that there is no conflict of today’s potential action. Mr. Lederhos replied that it is a land use discrepancy. Prosecutor Pluid explained that this hearing is on a legislative action about whether or not a code or an ordinance is adopted, not a quasi-judicial action to a specific land use and they are not the same thing. Mr. Lederhos said it is the Board who makes this decision. Prosecutor Pluid said that is correct and she said she understands that Mr. Lederhos disagrees, but that is not a topic for this hearing.
Chairman Bertling said the intent of this change is to put teeth into the county’s ordinance for the extreme cases and this would not apply to 99.9% of the people in this county. It’s for the small number of people who are pushing limits on what they do with their property and then infringing on other people’s rights.
Commissioners opened the hearing to public testimony and explained that there will be a three-minute time limit per person. Commissioners asked for comments in favor of the application.
Mark Carpenter, Moyie Springs, spoke and gave a discussion about this type of issue. Mr. Carpenter said he spoke to the land supervisors where he had lived two years ago about this very same thing, which was worded the exact way Commissioners have it. He informed these land commissioners that they would not be in office two years from that time. When you criminalize land ownership, you create an adversarial relationship between the community and yourself. Mr. Carpenter referenced Mariposa County and the court case was Jerry Cox, and the Bison Ranch. The matter ended up in federal court and Mariposa County is being sued for $20,000,000. It had become a 4th amendment issue. Mr. Carpenter questioned how many land commissioners are in favor of this issue? Whatever Commissioners have, they can see, that those Commissioners in California are no longer there and they were sued as individuals. Can this county afford that? Mr. Carpenter spoke of the lawsuit and lawsuit potentials and voiced that he is opposed.
Tim Patton said he was in favor, because there was a real estate agent who came from California, who had lived here quite a few years, and she broke up properties in the county, violating the 10-acre zoning laws. Her husband built a bunch of houses and they made a lot of money and then they left. That is an abuse of the zoning laws. There is a purpose for those zoning laws. There was no penalty for this person and anyone can do it, unless there is a penalty. A lot of money just means nothing to some people. Mr. Patton said it’s abuse and that is why he is in favor of the application.
John Poland, Naples, said he is in favor, not because he’s in favor of adding new rules and adding restrictions to our property rights. Mr. Poland commented that he is asking the county to enforce the rules that are on the books and have been on the books for 15 or 20 years. He is greatly affected and financially damaged by egregious violators in his neighborhood and the county has chosen not to take any action against these people and the reasons given is that enforcement code was not clearly written. This is being written so the rules we have can be enforced. There are no new rules. No one here should be affected at all by this. Mr. Poland said people like him have been affected because they play by the rules, has done his part and have done the right thing to try to make this county a great place to live. They’ve purchased property and built houses on it with the expectation that the rules on the books would be enforced. With the county deciding not to enforce those rules, it is giving by default, permission and encouragement to people to come to this county and ruin neighbors and neighborhoods that were otherwise in good shape. Nobody is trying to add rules to your property, we’re trying to say the rules that are already there need to be enforced. If at some point in the future we want to revisit that, and say let’s get rid of all of the zoning rules, we can do it, but the county has created a default contract with those of us who have bought and built here with the expectation that those rules would be enforced. If the county wants to get rid of all of the rules, fine, but the county will need to solve the damages that have been caused to people like him and his neighbors for the last 10 or 15 years, because these rules were not enforced. Mr. Poland reiterated that this is just to enforce the rules that are already there.
Jerald Higgs, Wildhorse Lane, explained that he first moved to Boundary County in 1965. He had been in the Navy and the Marine Corps prior and retired in 1992. He bought his land here and lives by the credo to leave things just as good or better than he found them. He’s done things like flood and fire mitigation. Some people don’t realize that what they do can affect the community at large and affect the budgets of the state, county or municipalities. When you don’t have a set of ground rules that are basic for people to follow, you have just mayhem. Mr. Higgs said he doesn’t think anybody here wants to live next to a “crap hole” with garbage, refuse and junk everywhere. What was said earlier, about there being just few people who would violate this, yes, but we have people who have persistently violated and that is why we’re here today. Mr. Higgs said he knows of two people who are in the room right now who are persistent violators. These people don’t want to be told what to do, but here in God’s country, whether you were born here or not, who wants to live next to unmitigated garbage everywhere. Mr. Higgs said he doesn’t and doesn’t think his neighbors do either, because he believes in pride. Mr. Higgs said he supports this and he thanked Commissioners for doing this, saying it was needed.
Commissioners paused the hearing to allow for more people to join the hearing.
Commissioner Robertson said he doesn’t want to move forward with this process. He doesn’t want to make this a criminal violation. Chairman Bertling agreed. Commissioner Robertson said the one size fits all solution does not work for Boundary County. Commissioner Robertson added that instead of wasting everyone’s time listening to people speak opposed to this application, he would like to make a motion to adjourn and not resume this hearing. No decision is being made and Commissioners are not continuing with this hearing, nor are they tabling it to another time. Commissioner Robertson said he has no intention of bringing it back up…maybe in a different form and it won’t be a one size fits all. This needs to go back through the Planning and Zoning Commission as we need a better solution. Commissioner Robertson informed those present that this is the third public hearing Commissioners have had on this topic and maybe only 10 people attended those prior hearings. A member of the public asked Commissioners if they could hold these hearings at a better time when the public can attend. Commissioner Robertson said absolutely.
Commissioner Robertson moved to end the hearing for Planning and Zoning File #23-0180 and to not resume it. Commissioner Cossairt second. Motion passed unanimously.
The public hearing ended at 2:35 p.m.
Commissioner Cossairt moved to sign the Idaho State Department of Agriculture Selkirk Cooperative Weed Management Area (CWMA) Disbursement Agreement State Cost Share Funds. Commissioner Robertson second. Motion passed unanimously.
3:30 p.m., City of Bonners Ferry Administrator Mike Klaus joined the meeting. Mr. Klaus mentioned that the Shamrock Bar used to have a cooler that they had given to the Mirror Lake Golf Course to use. That cooler now needs to be replaced and since there are coolers in the former Safeway building that the county won’t need, Mr. Klaus asked if the City’s golf course can have one of the coolers that would work to replace their existing cooler. Commissioners said they had no problem with that. Mr. Klaus said one of the City Council members showed him which cooler is needed.
Commissioners and Mr. Klaus discussed an issue with the dump station at the fairgrounds. There is supposed to be a drain valve at the dump station and Mr. Klaus said he would have to ask John Delaney in the City’s Water Department about it. It was said that a ball valve broke. Mr. Delaney has said that there is supposed to be a drain on it. This was a $30,000.00 project. It was asked why this is coming up now as it should’ve been done since the City of Bonners Ferry signed off on it. Chairman Bertling said the county shouldn’t be held to that. Mr. Klaus said he will let the parties know.
Commissioner Cossairt moved to adopt a future resolution for the donation of a cooler to the City of Bonners Ferry for the Mirror Lake Golf Course. Commissioner Robertson second. Motion passed unanimously.
The meeting with Mr. Klaus ended at 3:56 p.m.
Commissioners reviewed Secure Rural Schools funding in relation to designating percentages to certain categories.
Commissioner Robertson moved to designate 85% of Secure Rural Schools funds to Title I and 15% to Title II. Commissioner Cossairt second. Motion passed unanimously.
There being no further business, the meeting adjourned at 4:00 p.m.
_________________________________
TIM BERTLING, Chairman
ATTEST:
____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk