Commissioners' Meeting Minutes - Week of November 21, 2022

***Monday, November 21, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling (via telephone), Clerk Glenda Poston and Deputy Clerk Cynthia Loughney.

Commissioners gave the opening invocation and said the Pledge of Allegiance.

9:00 a.m. Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided.

Henry Yoder, Craig Wheatley, Robert Yoder, Darin Byler, David Byler, Aaron Lumen, Vance Amoth, Mera McGraw, Sumner L. Slusher, Jeff Varelman and Sonja Varelman of KML Labs., Terry Johnson of KG&T Septic, John Miller and Marty Martinez joined the meeting.

Commissioner Tim Bertling joined the meeting by phone.

Ms. Nelson said people are here about the proposed changes to the Sunrise Road and Great Northern Road in relation to the Kootenai Tribe’s travel center construction. Ms. Nelson said the process for changes to Sunrise Road will require public meetings, which is part of what the engineers will be employed to manage. In the next few weeks they will schedule public meetings.

Mr. Byler asked when they plan to make the decision. Chairman Dinning explained that the public will have some input. Mr. Varelman wanted to know if the Tribe has the same requirements as the public. Chairman Dinning said Mr. Varelman would need to ask the Tribe. The Tribe is a sovereign nation and you will have to ask them those questions. Ms. Nelson said the Tribe has their concept plan and is now hiring a consultant. Mr. Byler said some of these proposals are completely unacceptable to us and he wants to know when the changes will happen. He heard of something happening to another company and he wants to avoid any changes to his business. Mr. Wheatley expressed his concerns. Mrs. Varelman asked what is the concept plan. Ms. Nelson explained that it is a road that goes around the back. The Tribe has to work with Idaho Transportation Department (ITD), County Road and Bridge and the public to get approval. Everyone is here because they are all against what will happen said Mrs. Varelman. It’s a safety issue for us to go directly to the highway and circling around is unacceptable for us. She further wanted to know why the property owners weren’t notified first.

Chairman Dinning said this is not the county’s ballgame, you need to talk to the Tribe. Ms. Nelson explained that so far, the Tribe only has a concept and they’re coming up with several concepts before it is decided. And the Tribe’s process is very similar to the county process. Chairman Dinning said he wanted to clarify something with Mr. Wheatley, the Tribe has to get permission from Commissioners to change road access. Mr. Byler said the Tribe cannot come and take it from us. Chairman Dinning said he is not sure who controls the access. Mr. Johnson wanted to know who has the authority over this situation. Chairman Dinning said he is not sure. Ms. Nelson said it will be a joint decision between the county, ITD and the Tribe. Safety will be the first concern. Commissioner Cossairt said ITD will have a traffic light installed. Ms. Nelson said in the concept plan ITD will not allow an access without a light at the access to the highway. Mr. Miller asked who owns Sunrise Road. Ms. Nelson said the county owns it and Great Northern Road was deeded to the county as well. Chairman Dinning asked if there were any more questions and be sure to stay in touch. Mrs. Varelman asked how long will this process take. Ms. McGraw wanted to know if all the business owners will be notified when the public meetings will take place for Great Northern Road and Sunrise Road. They will be informed and it will be posted in the Legal section of the Bonners Ferry Herald replied Ms. Nelson. Mr. Miller wanted to know if it was going to be limited to just the newspapers since no one reads the newspaper. Letters will be sent out to the businesses and the county will keep in contact with the Tribe. Contact Road and Bridge and let us know if you want to be notified if you are a tenant and not the property owner.

Mrs. Varelman wanted to know why you would shut down Great Northern Road. Mr. Morris explained you have to reroute the traffic somewhere and there are a lot of details to work out. Mr. Yoder said his biggest concern is on the corner of Sunrise Road and Great Northern Road. If the road is rerouted around the back, that would be a big hit to our business and it would impact our valuation of the property. Chairman Dinning said make sure to voice that at the public meeting. Chairman Dinning asked if there were any tenants in attendance and some raised their hands. Chairman Dinning said please provide Road and Bridge with your contact information so that Ms. Nelson can inform you of the public hearings. Ms. Nelson said please provide the name of the property owner and the parcel number and your information so that you can be contacted. Ms. McGraw asked if they could give their contact information directly to the project manager. Ms. Nelson said yes.

Mr. Byler has one big concern and the only solution is to keep Sunrise Road like it is or build a frontage road, but the infrastructure is not allowing for a frontage road. What is our option if the back road is the only way? Chairman Dinning said Great Northern Road was the best route because you cannot put another light near the Three Mile traffic intersection. Mr. Byler said it’s too early to voice our concerns but the construction has already begun. Because it is happening someone is going to suffer. We are very concerned because it is a big deal. Mrs. Varelman said we are being forced to take this as an option since the building is happening now. That is why the Tribe is hiring an engineering firm to consult because of these concerns, replied Ms. Nelson. Mr. Varelman asked why wasn’t this worked out before this project was started. Chairman Dinning said the county wasn’t involved in this project. Mr. Johnson said there are no building permits and it’s the Tribe’s land so they can do whatever they want.

Ms. Nelson said contact Road and Bridge through email at the Boundary County website. If you send your email and contact information, Ms. Nelson will send it to the project manager and they will contact you when there is a public hearing.

9:29 a.m. Henry Yoder, Craig Wheatley, Robert Yoder, Aaron Lumen, Vance Amoth, Mera McGraw, Sumner L. Slusher, Jeff and Sonja Varelman, Terry Johnson, and John Miller left the meeting.

There was some discussion about the cul-de-sac at the back of Great Northern Road and the locations of the buildings in relation to the road.

Mr. Byler is concerned about the access because his trucks come in and they do not have anywhere to turn around. His business has increased a lot. There are two buildings on the other parcel. The drive route access to the building was discussed. They have split those buildings so there are three different businesses and there is not enough room to park. There is no room for the snow plow to get around the buildings. Some of the buildings have no room to park in front of them and there is not enough space to turn big trucks around. Chairman Dinning said we will figure it out.

9:30 a.m. David Byler and Darin Byler left the meeting.

9:31 a.m. Ms. Nelson resumed discussion of the Road and Bridge weekly report.

There was discussion about a letter of support for the KN 20215 Deep Creek Loop; US-95 to Lions Den Project. The project bid came in over the engineer’s estimate by $347,297.01. Ms. Nelson asked if the county will agree to come up with an additional match of approximately $26,000.00. The construction match that was already paid is $138,818.00. The design match was $18,783.00, which is a total match of $183,601.00 for 2.05 miles of leveling and/or paving overlay, which is $61,200.00 per mile. Ms. Nelson said the original bid was over a million dollars so she recommended that Commissioners accept this bid.

Commissioner Cossairt moved to sign the letter of support for the KN 20215 Deep Creek Loop; US-95 to Lions Den Road project. Commissioner Bertling second. Motion passed unanimously.

Ms. Nelson explained she had the Commercial Driver’s License (CDL) Agreements for Scott McBride and Dan Wilkins prepared by Attorney Hull and they are ready for signature.

Commissioner Cossairt moved to sign the Reimbursement Agreement CDL Cost and Wages Agreements. Commissioner Bertling second. Motion passed unanimously.

Ms. Nelson reported chip sealing Wendle Street approaches this year. A concern came to Road and Bridge with the first and second approach. The residents drove off and over the chip seal wherever they wanted. Ms. Nelson asked Commissioners if they should install Jersey walls. If the homeowners go over the chip seal into their property, it is making a mess and it makes a mess of the road. Chairman Dinning said protect the road but don’t put Jersey walls up. Ms. Nelson offered to talk with the landowner to see if they can come up with a solution.

Boundary County was awarded the Federal Highway Administration (FHWA) Flap application for the Westside Road-Myrtle Creek Bridge replacement project with an approved amount of $3,558,905.00 for the proposal. Ms. Nelson said this is a special application that does have a county match. Commissioner Cossairt asked if there is a time frame to go out to bid.

Mr. Morris said parts for the low boy are in, but he is not sure we have the correct parts. The low boy will be used for snow grooming. Commissioner Bertling said with the weather coming in we are losing our window of opportunity.

9:48 a.m. County Civil Attorney Tevis Hull joined the meeting via telephone to provide the status to Commissioners on various matters.

9:48 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 9:59 a.m. No action was taken

The meeting with Ms. Nelson and Mr. Morris ended at 9:59 a.m.

9:57 a.m. Boundary Ambulance Service Chief Jeff Lindsey joined the meeting.

9:59 a.m. Mr. Martinez returned to the meeting.

The call to Attorney Hull ended at 10:00 a.m.

10:00 a.m., Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Bertling second. Motion passed unanimously.

*Please see Boundary County Ambulance Service District Governing Board meeting minutes*
Chief Lindsey left the meeting at 10:28 a.m.

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

Local resident Mr. Martinez said he thinks the community needs to know that people died before we had Boundary Ambulance Service, but now people they have saved are alive and walking around.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for tax year 2022 for parcel #RP62N03E180180A and to cancel tax totaling $491.16 since the homeowner’s exemption was received after the July abstract cutoff. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2023-12ARPA. A resolution regarding ARPA appropriation to Boundary County. Commissioner Bertling second. Motion passed unanimously. Resolution 2023-12 ARPA reads as follows:

RESOLUTION 2023-12
Boundary County
ARPA Appropriation to Boundary County 2023-12 ARPA
WHEREAS, Boundary County has received ARPA funds to be used in payment, among other things, for Covid related expenses, and
WHEREAS, Boundary County has received $2,378,448.00 from the American Rescue Plan (ARPA)
WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to purchase the following equipment for the Boundary County Sheriff Department:
Vendor – RV and Carports for Less one (1) 24 x 25 Carport $5,760.00
WHEREAS, the addition or distribution of this revenue does not affect the tax levy for Boundary County, and
WHEREAS, it is appropriate that the funds be transferred to Boundary County Sheriff Department for the purchase and installation of a 24 x 25 Carport for the purpose of loading and unloading inmates to the jail.
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS RESOLVED, that the amount of $5,760.00 to be disbursed from the ARPA Trust Account #9135 and be transferred to fund #08-00-0899, for this intended purpose.
IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.
DATED this ¬¬¬21st day of November, 2022
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
Dan R. Dinning, Chairman
s/___________________________
Wally Cossairt, Commissioner
s/___________________________
Tim Bertling, Commissioner
ATTEST:
s/_____________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #293184

Commissioner Cossairt moved to adopt Resolution 2023-13ARPA. A resolution Renaming ARPA Resolutions. Commissioner Bertling second. Motion passed unanimously. Resolution 2023-13ARPA reads as follows:
RESOLUTION 2023-13 ARPA
Boundary County

WHEREAS, Boundary County has received ARPA funds to be used in payment, among other things, for Covid related expenses, and

WHEREAS, Boundary County has received $2,378,448.00 from the American Rescue Plan (ARPA)

WHEREAS, the Boundary County Commissioners deem it in the best interest of the general public of Boundary County to purchase the equipment or provide services for a multitude of uses and/or purposes. In order to track the use of ARPA funds we are renaming the following resolution to be shown as:

2023-01 renamed to 2023-01 ARPA Restorium Med I-Pads
2023-02 renamed to 2023-02 ARPA BVA -Ambulance
2023-03 renamed to 2023-03 ARPA BVA - Ambulance Extra/additions
2023-04 renamed to 2023-04 ARPA BVA Training Equipment
2023-05 renamed to 2023-05 ARPA Solid Waste Roll Off Containers
2023-06 renamed to 2023-06 ARPA Mission Creek Water Assoc
2023-07 renamed to 2023-07 ARPA Generator – Sheriff Annex
2023-08 renamed to 2023-08 ARPA HVAC System for Jail – Sheriff

WHEREAS, nothing in the body of the resolutions has changed only the numbering system to note “ARPA”

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

DATED this 21st day of November, 2022

COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/____________________________
Dan R. Dinning, Chairman
s/____________________________
Wally Cossairt, Commissioner
s/_____________________________
Tim Bertling, Commissioner
ATTEST:
s/______________________________________________
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #293185

Commissioner Cossairt moved to approve the meeting minutes of November 7 & 8, 2022. Commissioner Bertling second. Motion passed unanimously.

Commissioners continue with regular administrative duties.

Commissioners and Clerk Poston briefly discussed working with Innovate for Planning and Zoning for 12 hours a week. That would include part-time for two people. Clerk Poston said it is not in the budget. Commissioner Dinning will contact Planning and Zoning to discuss ideas and report back.

Commissioner Cossairt moved to sign the Property Tax Cancellation Form for parcels RP62N03E180180A in the amount of $491.16, RP603N02E145412A in the amount of $234.94 and RP62N02E180322A of $143.80 as they were received after the July cutoff. Commissioner Bertling second. Motion passed unanimously.

Clerk Poston gave her report of the Clerk’s Office. There is about $500,000.00 left with motions that have been made as estimates, the NIC remodel and the ambulance assistance. Clerk Poston’s budget review of all the money allocated and spent leaves a remaining $500,000.00 left in the ARPA fund.

Commissioner Bertling does not agree with Mission Creek Water Association getting the ARPA funds as he would rather they pursue a grant and the county provide a grant match. There are 30 users on that water line and that is a lot of money for that little of a system. Clerk Poston said she is going to give the worst-case scenario because she does not want the funds allocated and then find we don’t have the money.

Chairman Dinning discussed the land lease for the Dawson Ridge repeater site.

Commissioner Coissart moved to sign the Annual Juvenile Corrections report. Commissioner Bertling second. Motion passed unanimously.

There was discussion regarding the Juvenile Corrections Act Fund. $29,000.00 comes from tobacco tax and $4,000.00 from the lottery and shows the cost break down, which shows the county receives about $8,900.00 for the year. The Annual Juvenile Corrections report is due to state December 1, 2021.

10:57 a.m., Airport Manager Dave Parker joined the meeting.

Judith Holly Beaudet entered meeting at 11:01 a.m.

Commissioners discussed the summer fire proceeds. Mr. Parker said the airport received about $22,000.00. Mr. Parker updated the Commissioners on the progress of the snow removal equipment building. Mr. Parker said when we built it we added a Lean-To, on both sides anticipating room for storage. The grant required everything to be under cover so that is why the Lean-Tos were necessary. Mr. Parker explained that he needs to buy metal to finish the Lean-To, which falls within his budget. He bought the mower and tractor and it arrives in December. There are still grant funds available.

The Commissioners also agreed to allow the money from the United States Forrest Service Heli-base at the airport to be used to pay for the Lean-To in combination with the money left over from the State of Idaho grant. Mr. Parker needs the Commissioners’ signature to move forward. Clerk Poston said that can be done with a resolution.

Mr. Parker further explained once the wings are built all the county equipment the can be placed under those two wings of the building. The metal will be paid for by the county and reimbursed by the state.

Commissioner Bertling moved for Bonners Ferry Builders to complete the work on the Lean-To’s. Commissioner Cossairt second. Motion passed unanimously.

Mr. Parker said the floor will have a gravel floor and they will cement the floor later.

There was discussion about the Airport Manager’s two-year contract. Mr. Parker said he prepared the aerial photo of the airport grounds and inventory of all the buildings. When he started at the airport there were 13 buildings now there are 47 hangers. We have four new hangers as of July. Boundary County has the fastest growing airport. One of the hangers is priced too low so he is working with Attorney Hull to reprice it. Commissioner Cossairt suggested charging more to non-residents. There was discussion about rates in that we are charging an up-front fee for the hanger application, which has been successful with funding.

Commissioner Cossairt asked if the “T” shaped hanger is going to removed. Mr. Parker says he owns it and it can be moved around on the airport. It has been declared historical during one of the environmental reviews. Mr. Parker provided a copy of the Airport Board meeting minutes.

The meeting with Mr. Parker ended at 11:14 a.m.

Ms. Beaudet said she was following up on a letter request from the County regarding her residency. Clerk Poston said Attorney Hull is working on her request. Mrs. Beaudet left the meeting at 11:18 a.m.

The meeting with Kootenai Tribe of Idaho Administrative Director and Kootenai Valley Resource Initiative (KVRI) Facilitator Theresa Wheat and Bonners Ferry District Forest Ranger Kevin Knauth did not occur.
Commissioner Cossairt moved to approve the meeting minutes of November 7 and 8, 2022. Commissioner Bertling second. Motion passed unanimously.

11:40 a.m., there being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, November 22, 2022, at 9:00 a.m., Commissioners met in regular session at the County Annex with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling and Clerk Glenda Poston.

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Clerk Glenda Poston, Treasurer Sue Larson, Solid Waste Department Superintendent Claine Skeen, Noxious Weed Department Superintendent Dave Wenk, Chief Probation Officer Stacy Brown, Deputy Assessor Olivia Drake, Assessor Dave Ryals, IT Director Matt Hodges, University of Idaho Extension Educator Amy Robertson, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Veteran Service Officer Ron Self, Sheriff Dave Kramer, Undersheriff Rich Stephens, Human Resource Manager Pam Barton, and Prosecutor Andrakay Pluid.

Chairman Dinning talked about the Narcan training and the availability of Narcan.

Chairman Dinning talked about the retiree program with Blue Cross/Regence. There is no cost to the county and this is available to past, present, and future county retirees. The representative of the program is Todd Bateman and he is available for further information. Commissioners mentioned that they will get the information out to the employees, for their benefit.

Chairman Dinning talked about job retention, it seems to be going better. The current advertising may be helping, also.

Commissioners went around the room for department updates.

The Extension Office will be closed during the week of Christmas to New Years.

Veterans Service Officer Ron Self indicated everything is going fine, but he has a concern about his office doors being unlocked, lately. Mr. Self also complimented the youth who raised flags for Veterans on Veterans Day.

Mr. Hodges, IT Manager indicated so far so good, but he has been doing work for Benewah County this past week.

Mr. Wenk, Noxious Weeds Department Superintendent said the Neighborhood Cooperative Weed Control Cooperative have been distributed.

Sheriff Kramer has offered two job positions for his department. Sheriff Kramer talked briefly about the death in the jail and Idaho State Police are investigating the incident. The obstacle with his new hire employees is for Idaho Peace Officer Standards and Training (POST) since southern Idaho has canceled some of their POST training. Undersheriff Stephens discussed the effects of fentanyl.

Ms. Brown reported that the Probation Office caseloads are increasing. Ms. Brown complimented Mr. Hodges on his help with the Ziply meeting and internet. Ms. Brown is still exploring options, which could save up to $200.00 per month on internet.

Mrs. Barton, Human Resource Manager explained the importance of using accumulated vacation. Vacation hours must be under 120 hours as of the end of the December pay period. Sick leave information will be going out. Payroll needs to be turned in by Wednesday, November 23, 2022, by 11:00 a.m. Commissioners talked about moving the time cycle back a couple of days.

Assessor Ryals reported new construction is up about 40% over the last year and roughly 70 structures last year. Over 100 structures were built this year. He further explained values of property and that it may trend down some, but he doesn’t expect to see any decrease.

Mr. Morris, co-superintendent of Road and Bridge, reported staff being full. Sand is available at different locations for the winter. Myrtle Creek Bridge replacement was funded through the Local Highway Technical Assistance Council (LHTAC). It is projected over $3,000,000.00 with no match from the county. The Deep Creek project will be next year, the Riverside Road improvement timeline project is still unknown.

Prosecutor Pluid indicated that the city was told to have all the power poles moved by April of 2023, for the Riverside Project. In addition, she reported that they charged three juveniles with felonies yesterday. They are seeing an uptick of behavior from minors. Single parent families seem to have more issues, there are courses out there available for parents in need.

Mr. Skeen, Superintendent of Solid Waste is in the process of sending an employee for his Commercial Driver’s License.

Ms. Robertson, Extension Office Educator talked about the programs that are coming up through the Extension Office. They will be offering free parenting classes next year. The Ag position has not been filled, so they are still seeking applicants.

Treasurer Larson reported tax statements went out in the mail last week.

Clerk Poston talked about the Transparent Idaho website and the Care-n-Share program.

The Department Head meeting ended at 10:00 a.m.

10:00 a.m. Makenna Hunziker with Panhandle Health District presented to the group on how to use the Narcan (Naloxone) that is available at the different dispensers “Opioid Rescue Kit” available throughout the county facilities. The sign in sheet is available.

The training with Ms. Hunziker ended at 11:10 a.m.

11:15 a.m. Amy Robertson, Extension Office Educator updated Commissioners regarding events that are happening at the Extension Office. Food safety classes are being offered, some people have even registered out of country. Master Gardner classes are still being offered. Mrs. Robertson attended the National Associate event in North Carolina and provided four presentations. The Extension Office has provided several different programs throughout the county. They have seen an increase in contacts due to the different programs and robotics. Rusty Gosz will be replacing Mike Howell, Northern District Director effective December 12, 2022, at the University of Idaho. Mrs. Robertson requested a Commissioner attend the “listening” session that takes place in Coeur d’Alene. There was discussion about a storage shed and the cost. Ms. Robertson will explore other options.

Mrs. Robertson left the meeting at 11:35 a.m.

At 11:45 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 11:58 a.m. No action was taken.

Commissioner Cossairt moved to have the county civil attorney contract with an investigative service to conduct an inquiry regarding a personnel matter. Chairman Dinning stepped down to second. Motion passed unanimously.

Commissioners recessed for lunch at 11:58 a.m.

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

1:30 p.m. Commissioners held a public hearing in the County Annex to consider Planning and Zoning file #22-0172; an application for Southbound subdivision long plat, commercial/industrial subdivision requested by Applicants Grant and Nadine Dirks and Layne and Karlee Peaster.

Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Cynthia Loughney Planning and Zoning Administrator Clare Marley, Planning and Zoning Assistant Tessa Vogel, Dick Staples with JRS Surveying, and local residents Philip and Michelle Sweet. The hearing was recorded.

Commissioners reviewed the public hearing procedures. There were no questions regarding the process and Commissioners had no conflicts of interest.

Commissioners opened the hearing and asked Planning and Zoning Administer Clare Marely for the staff report. Ms. Marley said the applicants Grant & Nadine Dirks, and Layne & Karlee Peaster were requesting a preliminary plat approval for Southbound Subdivision, a long plat subdivision of a 19.83-acre parcel to create four 4.95 to 4.96 acres in the Commercial/Light-industrial zone. The parcel is located off Tonka Drive, south of U.S. Highway 2, and is identified as Assessor’s Parcel RP62N01E133600A in Section 13, Township 62 North, Range 1 East, B.M. The parcel will be served by private septic systems, Northern Lights, Inc., the North Bench Fire District, and is in the Airport Overlay Area.

Ms. Vogel provided a staff report per Section 11.3.2 of Idaho Code. The report stated there was no density minimum and the parcel is serviced by Northern Lights, Inc., private wells, and septic. Planning and Zoning recommended approval. This plot does fall within the airport and airspace but is not located within the airport overlay district. There are no roadways created yet and roads will need to be built to access the lot. Ms. Vogel presented a diagram showing where the road will be built. The Addressing Coordinator states that the address will be accessed via Tonka way. Review of all agencies included Road and Bridge, Mapper, Idaho Transportation Department and North Bench Fire District. Panhandle Health District said if a septic system is requested for the plot, the owners will have to complete an application. There were no public comments.

Commissioners opened the hearing to public testimony and asked for comments. Is there anyone in favor of this? Mr. Sweet said he was not in favor of the subdividing of his neighbor’s property. Mr. Sweet said his property borders this property. Mr. Sweet requested the road adjoining his property be built to county specifications to avoid harming his farming.

Mr. Sweet further requested the county or property owners fence around the industrial properties since the people there are not staying on their side of the fence. He is having problems already with people crossing into his property. The speed limit changes right there to 60 miles per hour and there is a lot of traffic from Tonka Drive where the storage units are located. Good fences make good neighbors said Mr. Sweet.

Commissioner Bertling said lowering the speed limit is an Idaho Transportation Department decision, which is a long process. Ms. Sweet said she understands the warning signs for the cows was a long process but, a reduced speed of 45 mph would make the road much safer.

Chairman Dinning said the speed reduction takes a while to get approved. Those approaches would need to be updated with a new permit. The county has no jurisdiction regarding the private roads. Mr. Sweet said this hearing says this road is going to be built to specifications. Chairman Dinning said the road that will be built will have to meet county road standards, but in future it is moving to Zoning Chapter 11.3.2.1 because it is not our policy to tell people what their driveway should look like. The new standard will read like page 8 #11a, the area that is not underlined. Mr. Sweet suggested if they are going to start building around the county, they need to consider putting fences around it to prevent people from crossing into private property.

There was some discussion amongst the parties regarding fencing. Commissioner Bertling suggested installing t-posts along the property line. Mr. Staples said the posts need to be placed in a way that delineates the property line.

Chairman Dinning asked if there was anyone else that wanted to speak in opposition. There was no comment. Mr. Staples said he had no further comment. Commissioner Coissart and Commissioner Bertling had no opposition.

Chairman Dinning said I think we can ask for the property line to be delineated so that there isn’t any confusion. Mr. Staples suggested putting a t-post in the ground that says “property line”. Make sure the fence post can be seen from post to post with “private property” posted on it. Mr. Sweet says they have tried that in the past, but since it is a field the grass grows up. He would like it to be on the east side and the south side of the property line. Mr. Staples said place it intervisible so that you can see it from post to post.

Chairman Dinning closed the hearing to further comment. Commissioner Cossairt and Commissioner Bertling said they saw no problems with the application.

Commissioner Coissart moved to approve the preliminary plat for Southbound Subdivision, a proposed commercial/industrial subdivision, File #22-0172, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions and conditions as written [or amended] with the installation of intervisible fence marker. This action does not result in taking of private property. Commissioner Bertling second. Motion carried unanimously.

The hearing to consider Planning and Zoning File #22-0172 ended at 1:58 p.m.

1:59 p.m. Mr. Staples and Mr. and Ms. Sweet left the meeting.

2:00 p.m. Commissioners’ held a public hearing to consider Planning and Zoning File #22-0199, amendment to the Boundary County Zoning & Subdivision Ordinance, 2019-1 Regarding Non-conforming Land and Effective dates.

Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Cynthia Loughney, Planning and Zoning Administrator Clare Marley, and Planning and Zoning Assistant Tessa Vogel. The hearing was recorded.

Commissioners reviewed the public hearing procedures. There were no questions regarding the process and Commissioners had no conflicts of interest.

Commissioners opened the hearing and asked Planning and Zoning Administer Clare Marely for the staff report. Boundary County has initiated an amendment to the Boundary County Zoning & Subdivision Ordinance, to provide effective dates for the official zoning map (Boundary County Zone District Map) and subdivision standards for the purposes of confirming lots and parcels of record; providing a revision to the non-conforming definition; correcting a cross-referencing error in definitions; and providing severability and an effective date.

Ms. Marley and Ms. Vogel presented the new ordinance. The new ordinance will repeal a cross-reference in the definitions section to a non-existent family land transfer section; amend the non-conforming parcel or lot definition and to remove the portion that prohibits issuance of development permits on non-conforming lands; confirm development rights and standards for non-conforming lands; set effective dates for the official zoning map and subdivision standards for land division reviews; create an optional certificate of compliance review; and provide that non-conforming lands may not be adjusted to make them less conforming.

Commissioners opened the hearing to public testimony. No members of the public were in attendance of the hearing so Commissioners did not ask for comments.

Commissioner Coissart moved to approve the request to update the Boundary County Zoning & Subdivision #2022-0199, finding that the proposal is in accord with the comprehensive plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written (or amended). Commissioner Bertling second. Motion carried unanimously.

The hearing to consider Planning and Zoning File #22-0199 ended at 2:29 p.m.

2:30 p.m.: Commissioners held a public hearing to consider Planning and Zoning File #22-0216, a text amendment to the Zoning & Subdivision Ordinance, Chapter 11, Subdivisions, requested by Boundary County.

Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Cynthia Loughney, Planning and Zoning Administrator Clare Marley, and Planning and Zoning Assistant Tessa Vogel. The hearing was recorded.

Commissioners reviewed the public hearing procedures. There were no questions regarding the process and Commissioners had no conflicts of interest. No members of the public were in attendance of the hearing so Commissioners did not ask for comments.

Commissioners opened the hearing and asked Planning and Zoning Administer Clare Marely for the staff report. Boundary County has initiated an amendment to the Boundary County Zoning & Subdivision Ordinance, Section 11, Subdivisions, to provide definitions for community water, private well, sewer, and will-serve, and to clarify standards and provisions for commercial/industrial, rural and urban subdivisions.

The ordinance calls for the following amendments: new definitions for community water, private well, sewer, and will-serve. These terms are used in the land division codes, but needed to be defined for clarity. The clarification of road standard and application of county standards only when roads are to be dedicated to the public and specifying that private roads must have defined easement widths and road surfaces to allow all-weather access by emergency vehicles. Additions to the service installation requirements specifying that urban subdivisions are only available in residential, suburban or rural community/commercial zone districts.

Commissioner Coissart said the changes are long overdue and hopefully these changes will be helpful for Planning and Zoning. Both Ms. Marley and Ms. Vogel agreed this will simplify the process of applications.

Commissioners closed the hearing to further comment. Commissioners said they saw no problems with the application.

Commissioner Bertling moved to approve the request to update the Boundary County Zoning & Subdivision as proposed in File #2022-0216, finding that the proposal is in accord with the comprehensive plan and the criteria of Section 18 of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written (or amended). Commissioner Coissart second. Motion carried unanimously.

The hearing to consider Planning and Zoning File #22-0216 ended at 2:54 p.m.

2:55 p.m., Commissioners considered the plat map for property owner John Poland, whose application for a lot line adjustment had been approved.

Commissioner Cossairt moved to sign the plat for the lot line adjustment for John Poland. Commissioner Bertling second. Motion carried unanimously.

There being no further business, the meeting adjourned at 3:00 p.m.

_________________________________
DAN R. DINNING, Chairman

ATTEST:

____________________________________
GLENDA POSTON, Clerk
By: Cynthia Loughney, Deputy Clerk

Date: 
Tuesday, December 27, 2022 - 16:15
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