***Monday, September 21, 2020, 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.

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

9:00 a.m., Road and Bridge Department Co-Superintendent Renee Nelson and Road Foreman Brad Barton joined the meeting to give the department report. A written report was presented.

Ms. Nelson spoke of starting work on Westside Road and she said it’s looking good. Ms. Nelson further explained that this area is at the north end of Ball Creek. Road and Bridge will finish cleanup from the windstorm in the Deer Creek area today. Some grading is getting done and a water truck is still needed for this. Ms. Nelson commented on damage to Lions Den Road by a landowner so Road and Bridge sent this landowner a letter. Communication has taken place between this person and a prior employee to make sure the matter is being handled properly.

Ms. Nelson briefly discussed the two-tenths of a mile of Chisholm Hill Road that will be maintained.

Those present discussed piggyback bid information for graders. John Deere is taking $185,000.00 from the financed amount so there would be five payments of approximately $26,000.00. Western States CAT has an interest rate of 2.99% and John Deere is at 1.7% for the interest rate. The buybacks are also different between the two companies. Road and Bridge will fully own this grader so equity will be retained. As far a buyback amounts for Western State CAT it is $195,000.00 and John Deere’s buyback is $219,000.00. Mr. Barton said he had spoken with Bonner County personnel as they have equipment through both companies. Bonner County was using John Deere for their last group of graders, but they recently switched back to using Western States CAT. The biggest problem was paying for mileage for John Deere’s mechanics to come up and do maintenance. Ms. Nelson said she sent John Deere an email requesting they address that. The technician for John Deere lives in Bonners Ferry so there would be no mileage fee for warranty repairs. Ms. Nelson said she doesn’t want to end up in the same situation as Bonner County as far as the cost for mileage. Chairman Dinning said one thing to consider would be is if the technician isn’t here in Boundary County, how quick is John Deere going to be able respond as we don’t want to pay for mileage for someone coming from Coeur d’ Alene. Commissioner Cossairt asked if Bonner County was happy with John Deere and Mr. Barton said they were happy with the machines and John Deere, but they had to consider finances. Chairman Dinning commented that there is $9,000.00 difference in payments and there is a $24,000.00 difference in the buyback.

In looking at Western States CAT there is $140,000.00 in payments and an overall total of $150,000.00. With John Deere there is $132,000.00 in payments plus $4,000.00. We’re looking at a $30,000.00 difference in savings. Ms. Nelson said Mr. Barton checked to make sure they were comparing the same machines and they are. One warranty is five years and she can see the benefit of a seven year warranty by lowing the payments, but the drawback is after seven years you need to replace tires and you don’t get as good of a buyback as people tend to not want a machine that is seven years old. Ms. Nelson said there is the government fail safe program and then there is Sourcewell. From their understanding by asking both vendors, Sourcewell is for municipalities and Bonner County also uses Sourcewell. Chairman Dinning said we just need to get more educated about Sourcewell. It seems we’re doing better with John Deere at this point, but we don’t know what it takes to join Sourcewell. Commissioner Cossairt said the only other thing was parts and grader blades. It was said the filters are comparable. Ms. Nelson said filters are included in this.
Mr. Barton said for the most part, the machines are fairly similar and basic functions will be the same.

The meeting with Ms. Nelson and Mr. Barton ended at 9:21 a.m.

Commissioner Cossairt moved to add to the agenda discussion regarding the Governor’s Safety Program as it’s time sensitive. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Certificate of Residency for Brady Hinthorn. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes for the weeks of August 31, 2020 and September 7, 2020. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2020-25A. A resolution amending Resolution 2020-25 to update and increase administrative fees for land use applications. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-25A reads as follows:

Boundary County Idaho Resolution 2020-25A

A RESOLUTION AMENDING RESOLUTION 2020-25
TO UPDATE & INCREASE ADMINISTRATIVE FEES FOR LAND USE APPLICATIONS.

WHEREAS, Boundary County is required to exercise land use planning powers as granted at IC 67-6503 by developing ordinances establishing zones and regulating land uses, and;

WHEREAS, Section 3.9 of Zoning and Subdivision Ordinance 2017-1A, adopted by the Board of County Commissioners July 11, 2017, allowed the adoption of fees associated with land use application processes;

WHEREAS, on Tuesday, June 16, 2020, at 1:30 p.m., Commissioners held a public hearing to consider increasing the existing fees, which was approved by a unanimous vote;

WHEREAS, Resolution 2020-25 did not include an effective date for these fees and this amended resolution will correct that omission;

NOW, THEREFORE, BE IT RESOLVED by the members of the Board of Commissioners of the County of Boundary, Idaho, that the following schedule of fees is hereby adopted to cover the costs of administering the provisions of the Boundary County Zoning and Subdivision Ordinance and the effective date of this fee schedule is October 1, 2020:

APPLICATION TYPE FEE AMOUNT
Certificate of Compliance No fee
Request to Examine or Copy Records. First 100 pages are free of charge. Per Idaho Code
Residential Placement Permit $100.00
Commercial/Industrial Placement Permit $150.00
Conditional Use Permit $250.00
Special Event Permit $100.00
Temporary Use Permit $250.00
Variance $150.00
Subdivision, Simple No longer applies
Parcel Split, Simple $100.00
Parcel Split, Primitive $100.00
Parcel Line Adjustment $100.00
Lot Line Adjustment, Subdivision $100.00
Subdivision, Short Plat $200.00
Subdivision, Long Plat $400.00
Quasi-judicial Zone Map Amendment $250.00
*Comprehensive Plan Amendment $250.00
*Ordinance Amendment $250.00
Appeal $250.00

* - Fee not to be imposed if amendment application is initiated by the Planning and Zoning Commission or the Board of County Commissioners.

In addition to the above fees, applicants shall also reimburse Boundary County for first class mailings or display advertisements required for public notification pursuant to Section 20, Boundary County Zoning and Subdivision Ordinance.

Done this 21st day of September, 2020.

BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/_______________________
Dan Dinning, Chairman
s/_______________________
Wally Cossairt, Commissioner
s/_______________________
Walt Kirby, Commissioner

ATTEST:
s/________________________
Glenda Poston
Boundary County Clerk/Auditor/Recorder
Recorded as instrument #283543

Commissioner Cossairt moved to sign the Computer Arts Inc., Master Agreement and Software & Support License, Addendum A, Addendum B, and both Addendum Cs. Commissioner Kirby second. Motion passed unanimously.

9:28 a.m., Courthouse Maintenance John Buckley joined the meeting at Commissioners’ request.

Mr. Buckley said after talking with Cool-it, the water tank system for the armory already has a re-circulatory pump on it. Mr. Buckley asked about prices and said for two to three staff working a certain number of days, it’s a big project and he can shop around for a lower price if Commissioners prefer. There is electrical work involved in this. Commissioner Kirby suggested putting small on-demand systems in the restrooms for approximately $55.00 each. Mr. Buckley said the armory is not plumbed for that. There are five restrooms, a janitor closet and a kitchen that need to have hot water. Chairman Dinning said he’s assuming most of the expense is removing the existing system with most of that cost being labor. Those present discussed the pros and cons of an Instahot system. Clerk Poston said for a kitchen sink it’s ideal, but she would worry about having that system somewhere else.

Commissioners gave Mr. Buckley permission to order the work to be done by Cool-It for the water tank system for the armory at a cost of $5,500.00.

Mr. Buckley left the meeting at 9:38 a.m.

Commissioner Cossairt moved to sign the Invoice Summary & Request for Reimbursement No. 2 for Airport Improvement Project #3-16-0004-018-2020 and Invoice Summary & Request for Reimbursement No. 4 for Airport Improvement Project #3-16-0004-017-2020. Commissioner Kirby second. Motion passed unanimously.

County Civil Attorney Tevis Hull contacted Commissioners via conference call at 9:44 a.m.

Commissioners said today is the last day to opt out of the Governor’s Safety Grant. Chairman Dinning said he didn’t see anything concerning about the program and Attorney Hull agreed. This is reimbursing the county monies for emergency personnel and it becomes a tax relief for the taxpayer. Attorney Hull said as long as what the county is involving falls within the definition of a first responder. Commissioners won’t need to take any action as they had already applied for these funds.

Attorney Hull said Road and Bridge Department Co-Superintendent Renee Nelson sent him information on Sourcewell and questioned if the county can use them as a resource for piggyback bids. Attorney Hull said he looked at Sourcewell’s webpage to see how the program works, but he hadn’t gotten all the way through that and he explained that it looks like a pool of all government agencies are saying this is what item was bid on and it can be piggybacked on.

Attorney Hull said if he ends up filing suit for $1,700.00 over the broken waterline issue, he won’t do it in small claims, but instead will file in the Magistrate Division.

Attorney Hull informed Commissioners that he gave Clare Marley with Ruen-Yeager some Planning and Zoning applications before Mr. Moss retired. Mr. Moss had been sending emails to everyone trying to integrate Ms. Marley.

Commissioner Cossairt moved to appoint Clare Marley with Ruen-Yeager the Acting Planning and Zoning Office Administrator. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to approve the private road name of Likely Way. Commissioner Kirby second. Motion passed unanimously.

10:00 a.m., Boundary Ambulance Service Chief Jeff Lindsey and Boundary Ambulance Service Board Chairperson Nancy Russell joined the meeting.

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

*Please see Boundary County Ambulance Service District Governing Board meeting minutes*

10:05 a.m. Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Boundary County Board of Commissioners. Commissioner Kirby second. Motion passed unanimously.

Chief Lindsey and Ms. Russell left the meeting.

Commissioners recessed until their next meeting scheduled at 10:30 a.m.

The meeting with Kootenai Tribe of Idaho Administrative Director Rhonda Vogl and Forest Service District Ranger Kevin Knauth did not take place.

Chief Deputy Clerk Nancy Ryals joined the meeting at 10:42 a.m.

Commissioner Cossairt moved to sign the Certificate of Denial on appeal for indigent case 2020-10. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to accept the remaining balance of $6,268.79 as one party’s half of the obligation on indigent account 2010-46 and to release the lien in that party’s name, but to continue to bill the other party for their half of the obligation and keep the lien on their property. Commissioner Kirby second. Motion passed unanimously.

Chief Deputy Clerk Ryals left the meeting at 10:44 a.m.

There being no further meetings for the morning session, Commissioners recessed for lunch at 11:00 a.m.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Airport Manager Dave Parker, Airport Board Members Don Jordan and Rick Durden, and Contractor Scott Dempsey participated in a meeting with Commissioners to continue their discussion on a ground/hangar lease proposal by Hilt Venture Capital. Hilt Venture Capital Attorney Michael Dworkin and Hilt Venture Capital Pilot Shawn Shanklin participated in the meeting via conference call.

Chairman Dinning said he wanted to get some clarity on this matter and he asked if the Airport Board is in favor of the proposed hangar itself. Mr. Jordan said there is no real problem, but there is some circulation of talk about the airport’s responsibility in managing the airport. In looking long term there is a lot of room for hangars, but we’re familiar with the decisions that were made for the airport approximately 50 years ago. The only thing he’s concerned about now is that this proposal does take up a lot of space and the Airport Board wants the best use of space. If there were smaller hangars built, it would allow for four to six hangars. Chairman Dinning said a person with a ground/hangar lease is buying by the square footage of the ground so that doesn’t play into it or does it? Mr. Jordan said he’s thinking in terms of responsibility to all citizens and a chunk of land is basically being taken up by one hangar instead of multiple hangars. When we run out of space at the airport, we will have to turn people down or spend funds to develop on the other side of the highway.

Attorney Dworkin said Hilt Venture Capital is entering into a ground-hangar lease with Boundary County for a 100 foot by 100 foot hangar for storage of its own aircraft. Hilt Venture Capital would like to install a 12,500 gallon jet fuel tank for its own use. The tank would meet all Environmental Protection Agency regulations and other codes. This tank would be covered by a lean-to-type structure. Attorney Dworkin said it is his understanding that the county won’t permit a private hangar to have a private fuel tank; only a fixed base operator. Mr. Dempsey said the actual footprint is 125 feet wide by 100 feet long, including the tank storage and parking garage. Mr. Parker said he doesn’t think anyone has said yes or no to the storage tank. Chairman Dinning said as far as the agreement, it’s very preliminary right now. Attorney Dworkin said as far as the fuel tank, there hasn’t been a yes or no. Chairman Dinning said he had asked Mr. Parker to contact the Federal Aviation Administration (FAA) to get advice as this is new territory for the county. Attorney Dworkin said before he gives Commissioners his legal opinion he would like to inform them of his personal background. Attorney Dworkin said he’s not one to rattle sabers or threaten and he wants to seek a mutual agreement as it’s in the best interest of both parties. Attorney Dworkin said he’s been practicing law since 1973, he has a law firm in San Francisco and prior to that he was owner of his own practice. His practice is now called Avialex Law Group. Attorney Dworkin said he has been a staff attorney for the FAA and House Council for United Airlines as well. Since 1981, his practice has been substantially devoted to aviation matters. Attorney Dworkin continued providing history of his involvement in aviation.

Attorney Dworkin said under FAA grant assurances, it’s his understanding that Boundary County is a grant recipient of federal funds for airport development. Under this, especially Grant Assurance No. 22 regarding economic non-discrimination, Paragraph F of this says, if the airport will not exercise or grant any right or privilege which operates to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees, including, but not limited to maintenance repair, and fueling, that it may choose to perform. Under this grant assurance, Hilt Venture Capital would be entitled to fuel its own aircraft, assuming it can be done safely and competently. In addition, there is FAA Order 5190.6B, which sets forth policies and procedures for the FAA compliance program and provides guidance for determining fair commitments as a condition of federal funds, etc. Attorney Dworkin said if you look at this Order, especially, Chapter 11 it basically states that an aircraft owner/operator is entitled to service his or her own aircraft to include fueling and the prohibition would constitute an unreasonable restriction. The long and short of it is if the county were to deny Hilt Venture Capital the ability to fuel its own aircraft with its fuel facility, it would arguably be in breach of grant assurances, which could trigger a filing against the airport. This could result in the cessation of any future funding for the airport and the FAA could require the airport to repay funds that were granted. Essentially there is no legal basis for the county to withhold consent for Hilt Venture Capital to construct its fueling facility to use for its own purposes and not selling or dispensing fuel to others. There is no basis for the county to say no.

Mr. Durden stated that he and Attorney Dworkin have a client in common. Mr. Durden added that he, himself has also been practicing aviation law for 40 years with the last 15 years being spent on airport access issues. One case he won pertained to getting permission for his client to self-fuel at an airport. Mr. Durden said it’s best to find a way to reach an agreement. Mr. Durden said while the Airport allows self fueling, they’re obligated to set standards for it and they must be reasonable, such as is there is enough space between the hangar and fuel tank per regulations, etc. What is the best for approving self fueling and that is what the Airport Board is looking at during this time. What Attorney Dworkin said is correct, but we’re looking at being reasonable. Attorney Dworkin said the intention is to comply with all codes and reasonable regulations. Mr. Durden said that is what they understand and the Airport Board is looking at how to do this.

Mr. Shanklin spoke of putting in a UL 8025 fire guard tank and the set backs are five feet from the building for five gallons or less. The way he designed the hangar on the south end is that while he will pay all square footage from taxiway to taxiway, they have room to put this tank anywhere from 80 feet to five feet. For some reason if a six gallon tank is all that is allowed, he has space designed for it. The tank is just going to sit there such as Mr. Parker’s tank sits there. It will be beautiful and match the landscape and architecture. As Attorney Dworkin said earlier, the Department of Environmental (DEQ) and EPA are all over this and they understand the rules and regulations. The tank will be at or above specifications for both of those agencies. Mr. Shanklin added that it felt there was opposition to this matter last week so he’s glad to hear there is still a yes or no.

Chairman Dinning said his understanding from the last meeting was that this is new to Boundary County Airport and he felt there was a little saber rattling so that is why he wanted Mr. Parker to find out more information as to what is allowed and what needs to be considered. The Airport Board, who represented the position of the airport, is probably where we are and it’s similar to developing a new ordinance for the community so we need to develop something that is appropriate looking forward. We need to go about this in a methodical fashion and be non-adversarial to accomplish what will probably be accomplished.

Mr. Parker said Gary Gates with the FAA has advised using hangar space wisely. The space is limited so the airport must see that projects fit with the plan. If one owner is allowed a fuel tank, it must be allowed for everyone. Mr. Parker referred to fire codes and commented on checking with fire departments for distance from buildings. In forming rules and regulations for the airport in order to deal with this issue it’s good to get ahead of this matter instead of being behind it. Attorney Dworkin asked if the airport currently has a set of minimum standards. Chairman Dinning clarified that the Airport Board member and Mr. Parker are shaking their heads no. Chairman Dinning described what Boundary County is like. Mr. Dworkin commented that he’s surprised the FAA has granted funds. Mr. Durden said having minimum standards are not required at all and he has worked with other airports that don’t have these standards and they had been granted funds.

Mr. Dempsey said there are things in place for minimum standards for buildings, etc., so he does have those and another standard included setbacks and uses. Chairman Dinning said going forward what are we looking at. Mr. Durden said we need to take a look at this in a mature fashion as this is going to happen more often so we need to come up with appropriate standards that are reasonable. Mr. Durden clarified that this process won’t happen overnight, but we will be moving forward on it. Mr. Dworkin said that sounded reasonable to him. Mr. Dempsey said his understanding is there isn’t an issue with the hangar itself. They will be looking at the issue of two hangar spots. Typically, the ground-hangar leases previously included the ground around the hangar, such as 10 feet for a setback area. Mr. Dempsey questioned if he’s approved to build the hangar as he’s on a time line that is slipping by. Chairman Dinning questioned if it would be reasonable, for having a hangar issue and a fuel issue, to deal with the hangar issue and then address criteria for the fuel issue. Mr. Durden said he doesn’t have a thought on it and it could be discussed at the next Airport Board meeting.

Mr. Jordan said looking down the road, it may be an issue. The current airport lease for hangar space says the use is for aviation only and there is a record of permitting on non-aviation use. Hilt Venture Capital wants to add garage space next to the hangar and that activity has not yet been allowed. Chairman Dinning suggested the Airport Board take a look at these issues at their next meeting. Mr. Shanklin said if he understood last week’s meeting, he did get a thumbs up for the actual hangar and now he’s hearing Mr. Durden say they need to wait another three weeks for the next Airport Board meeting and that shoots Mr. Dempsey’s plans in the foot for the timeline. For Mr. Durden to say let’s push this out to the next month, it does impair the project tremendously so they can’t put the jet in the hangar this winter. Mr. Shanklin said he thought the hangar was given a thumbs up. Mr. Dempsey explained that parking is encouraged in the garage or that vehicles are obscured somehow so that they are off taxiways and out of the way. Mr. Parker said typically the Airport Board doesn’t approve a hangar until they get information back from the FAA. Chairman Dinning said the next step is for the Airport Board to hold a special meeting. Mr. Shanklin spoke of his presentation at the last Airport Board meeting and the Airport Board wanted the matter to go before the Board of County Commissioners. Mr. Shanklin said he did plead his case so does he even need to be at this meeting as he’s not readily available through the next weekend. Mr. Dempsey said at the prior board meeting, Trey Dail with TO Engineering commented that he couldn’t think of a better spot for this hangar. This was the engineer’s opinion so hopefully that works out. Mr. Shanklin added that Mr. Dail said this hangar and plan fits the county plan perfectly. They’ve done this and Mr. Dail and Airport Board Chairman Jay Wages said no problem and this is what the property is here for. Attorney Dworkin asked if the county has a standard county lease agreement. Mr. Parker said he would send it to him.

The meeting to discuss the ground/hangar lease for Hilt Venture Capital ended at 2:14 p.m.

2:14 p.m., Assessor Dave Ryals met with Commissioners to update them on staff in his office. Assessor Ryals said his Chief Deputy is moving to Canyon County and his office is required to have a Chief Deputy so he’s asked the person in the county mapper position to fill this slot, but her current position pays more than what the Chief Deputy Assessor position pays so he’s requesting an increase of an additional $.76 per hour on top of what she’s making. Assessor Ryals said he will save money as he’s losing a senior employee with higher wage. The net saving after the pay increase is under $4.00 per hour. Clerk Poston the increase of $.76 per hour may come out of a different budget. Assessor Ryals said normally a chief deputy is a chief appraiser as well and he’s asked Ms. Kramer to fill that role. She is already at a level 3 and this is asking her to assume more responsibility so he’s asking for $.50 per hour more for that effort. Ms. Kramer will be responsible for all training and establishing work process procedures and evaluation areas. Commissioner Cossairt agreed and Clerk Poston said she thinks it will be fine, but to watch the budget. Commissioners were in favor of the increases. Deneice Fodge will fill a position in the Motor Vehicle Office that was recently vacated so the Assessor’s Office will have an opening for a Clerk 1 position.

The meeting with Assessor Ryals ended at 2:21 p.m.

2:30 p.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to provide Commissioners with an update on Restorium matters. Those present discussed testing requirements at length. Ms. Magee informed Commissioners of the State’s guidance for testing at the facility.

The meeting with Ms. Magee and Ms. Lane ended at 2:47 p.m.

Commissioners tended to administrative duties until their next meeting set for 3:30 p.m.
3:30 p.m., Road and Bridge Department Co-Superintendent Renee Nelson, County Mapper Olivia Drake and Clare Marley with Ruen-Yeager joined the meeting to discuss Planning and Zoning matters. Darius Ruen with Ruen-Yeager participated in the meeting via conference call.

Ms. Marley and Commissioners discussed budget in relation to her assistance in the Planning and Zoning Office. Ms. Marley said she had a good Planning and Zoning Commission meeting last Thursday and the Planning and Zoning Commission wants to know what is happening next. Ms. Marley informed Commissioners that she has a scheduling conflict on Thursdays as far as the county Planning and Zoning Commission meeting due to per participation in the City of Bonners Ferry Planning and Zoning Commission meetings that same day of the month. Those present discussed learning how the county’s Planning and Zoning Office functions and Ms. Marley commented that former Planning and Zoning Administrator John Moss had talked about webpage management, updating ordinances, etc. Mr. Ruen commented on the need to double up on costs as it had been $15,000.00, and could easily reach $30,000.00, but we can see how it is as we get closer. Mr. Ruen said we’re still trying to figure out how much involvement is needed in the county’s Planning and Zoning Office. The budget for salary for the Planning and Zoning Administrator was approximately $60,000.00 so we will start with amount of up to $30,000.00, but there is sure to be a lot of usage up front to figure out things. Chairman Dinning said the county is hiring Ruen-Yeager to set up a system that will continue to be used easily when this current Board of Commissioners is not around. Chairman Dinning said the county has never had a Planning and Zoning Administrator that has had prior experience in the field so if the county were to make a change in the future and is not using Ruen-Yeager, it will need to be someone with experience, but Commissioners are not looking to change right away. Mr. Ruen said it will take a few weeks to find out the processes in place and he added that he’s hoping to have weekly meetings with Commissioners. It was said that Ms. Marley will have the authority to sign off on placement permits, etc. Commissioner Kirby spoke of difficulties the county is having in getting permits processed that have been backlogged. Ms. Marley asked how Commissioners see getting applications to her and Chairman Dinning said they can mail applications to Ms. Marley. Ms. Drake wondered about online payments and Chairman Dinning said we don’t have a mechanism for online payments so payments will have to be done by regular mail.

Clerk Poston said to give some thought about someone who can update the Planning and Zoning webpage. Ms. Marley mentioned not being able to find a zone map that includes all of the changes that have been made, but Ruen-Yeager has the ability to update that map if Commissioners want. Ms. Drake said it’s just a matter of getting the map to match the zoning ordinance. Those present discussed the process for updating a zone map change and sharing files. Clerk Poston said there is only the ability to share information within the Courthouse. Ms. Marley said they thought about using Microsoft (MS) Access for a data base and tracking as it’s something that everyone has, but she has since learned that some people have it and some don’t. Ms. Marley explained how MS Access works and adding the county to the Cloud. Mr. Ruen clarified that it would be a separate file for Boundary County and completely separate from Ruen-Yeager. Chairman Dinning said he would like the system to belong to Boundary County as opposed to Ruen-Yeager’s account in the Cloud. Clerk Poston said the new server has been ordered, but it still may take some time so the Cloud could be a system to use in the meantime. Ms. Marley spoke of working with Mr. Moss on capturing the applications that had been received and that are in process.

The call with Ruen-Yeager ended at 4:23 p.m.

Ms. Nelson and Ms. Drake left the meeting.

Commissioners continued their discussion regarding Planning and Zoning matters with Ms. Marley.
4:44 p.m., the meeting with Ms. Marley ended.

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

***Tuesday, September 22, 2020, 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.

9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Commissioners, Clerk Glenda Poston, Prosecutor’s Office Manager Tammie Goggia, Sheriff Dave Kramer, Treasurer Sue Larson, Extension Office Educator Amy Robertson, Chief Probation Officer Stacy Brown, Solid Waste Department Superintendent Claine Skeen, Courthouse Maintenance John Buckley, Restorium Administrator Karlene Magee, Road and Bridge Department Co-Superintendent Renee Nelson, Noxious Weeds Department Superintendent Dave Wenk, Veterans Service Officer Ron Self, Emergency Manager Andrew O’Neel, and Assessor Dave Ryals.

Mr. O’Neel was asked to give an update on COVID-19. Mr. O’Neel said an emergency declaration was done on March 17th. Across the State of Idaho there are approximately 38,000 cases of COVID-19 and Idaho is still seeing hundreds of cases across the state. In north Idaho there are about 3,200 cases total and approximately 30 to 40 cases per day on average. In the five northern counties 57 people have died from COVID-19 related illness with one of those people being from Boundary County. There are 55 cases of COVID-19 in Boundary County. Mr. O’Neel mentioned seeing new cases come in clumps and since September 12, 2020, Boundary County has had nine new cases with eight cases still active. Idaho is still in Stage 4 of the Idaho Rebounds Plan since June 13, 2020. This means continued physical distancing, wearing masks, washing hands, and being cautious around the elderly and people with pre-existing health conditions. All five northern counties are in the minimal exposure category. At this point we have good measures in place. In the workplace we have plexi-glass shields that Courthouse Maintenance John Buckley has put up, along with masks and hand sanitizer.

Chairman Dinning commented that all elected officials received an update from Idaho Counties Risk management Program about changes. The deductible has increased to $10,000.00 on cyber security matters and employee claims. Vehicle damage deductibles have increased from $1,000.00 to $1,500.00. Damage to windshields will most likely fall under that so each department will have to cover their own costs.

The county’s budget for fiscal year 2020-2021 has been set and Commissioners would love for everyone to hold off on spending money for the next two weeks as it’s all calculated into departments’ carry forward for the next year. The county did budget for a 5% salary increase, but this increase will be 3% for the months of October, November and December. At that time Commissioners will see how we sit with budget and make a decision about going to the 5% salary increase and if it would be retroactive. Clerk Poston said the county will receive sales tax and revenue sharing in October so if those figures are good, Commissioners can look at the increase sooner.

Clerk Poston informed those in the meeting that she may need assistance from other county employees at election time. Clerk Poston said she has approximately 3,600 to 3,700 absentee ballots to process, but on the day of the election, which is November 3, 2020, she will probably need help. Chairman Dinning commented that people should make sure to have a mask on when going to help the public.

Treasurer Larson mentioned cyber security and said she was hoping to have a procedure in place so if a county office does receive an email they know is bad, they will know who to contact or what to do, such as should they get in touch with a supervisor or Computer Arts, unplug the internet cord, etc., Mr. Buckley said he had to contact Idaho Counties Risk Management Program (ICRMP) when he had issues and they said they would be happy to talk with people.

Commissioners informed those present that Planning and Zoning Administrator John Moss retired last Thursday and Commissioners are contracting with Clare Marley who works for Ruen-Yeager & Associates on Planning and Zoning matters. Ms. Marley has more than 20 years in Planning and Zoning. Mr. O’Neel brought up flood plain management and asked if we have a flood plain manager in the county. Chairman Dinning said the Planning and Zoning Administrator would have information on flood plains. Mr. O’Neel said the Federal Emergency Management Agency (FEMA) is holding classes having to do with the National Flood Insurance Program for flood plain managers to attend.

Assessor Ryals just he’s just plugging along and he added that he has job openings in his office.

Ms. Goggia said the Prosecutor’s Office is also plugging along. Repainting and getting new carpet for Prosecutor Jack Douglas’s Office was requested prior to the new Prosecutor taking office.

Sheriff Kramer voiced thanks for the 3% to 5% cost of living increase adding that it helps in retaining valuable employees. Sheriff Kramer said currently the jail is overpopulated with female inmates and it will be that way for some time. The transition to the Annex building is going smoothly and Valence is helping install equipment for better transmission. Chairman Dinning said Commissioners did authorize the installation of a hot water tank. Sheriff Kramer commented that he has an opening for a part-time position in the Driver’s License Office.

Treasurer Larson said she also has a job opening in her office.

Chairman Dinning said he strongly suggests getting flu shots, but has heard there might not be any available.

Clerk Poston mentioned receiving an order of electric sprayers that will spray a mist of disinfectant. The Restorium, jail, Courthouse and other places will have them.

Mr. O’Neel informed Commissioners that he needs to postpone his meeting with Commissioners regarding the Emergency Management Performance Grant Supplemental Program.

Mr. Wenk said he’s finishing up spraying for the year.
Chairman Dinning discussed the process for jury selection. Clerk Poston said jury selection is taking place at the fairgrounds.

Ms. Nelson said notices have been sent out about the delay in the Trout Creek Bridge reopening and Mr. O’Neel is helping with the press release. Trout Creek Bridge was supposed to have opened today, but the project is behind schedule so it should be open September 30, 2020.

Mr. Buckley said he’s as busy as he can be. He’s producing the protective screens as fast as he can and he will be getting screens up in the courts before jury trials start and he’s also building screens for elections as well. The work for installing a new water heater at the Annex is to get started today or tomorrow.
Mr. Skeen said the landfill is busy.

Ms. Brown said the Probation Office is staying busy. Training is taking place in the Annex conference room and Probation staff is wearing masks in the office.

Ms. Robertson said sign up for the 4H program for the new year is on October 13, 2020. The Friday Friends Program is up and running again and they’re partnering with the middle school. The Extension Office has a couple classes coming up, according to Ms. Robertson.

The elected officials/department heads meeting ended at 9:30 a.m.

9:31 a.m., Noxious Weeds Department Superintendent Dave Wenk met with Commissioners to give the Noxious Weeds Department report. The Weeds Superintendent meeting takes place on October 8, 2020. Spot spraying is taking place to finish up for the year. Mr. Wenk said there is a spray day tomorrow in Bonner County with the Idaho Department of Fish and Game, Bonner County, Forest Service, and the Idaho Department of Lands. Mr. Wenk said he will have a few expenditures, such as antifreeze for sprayers and chemicals.

Mr. Wenk asked if he can be the snow groomer operator as an employee through Boundary County. Work involved would probably consist of one day per week. The Groomer Program doesn’t want volunteers due to liability issues. Clerk Poston asked what the funds Boundary County sends in covers and Mr. Wenk said fuel basically and he added that more funds are spent on fuel than labor. Some of the trails are in Bonner County so when they groom Snow Creek, Ruby Creek, and other areas, the groomer jumps over into areas nearby that are in Bonner County. Chairman Dinning said over the last years the county has spent $3,000.00 and $3,500.00. Clerk Poston said Boundary County will be spending $5,000.00 on a groomer. Clerk Poston explained that the county doesn’t receive a lot of sticker funds. The county will spend $5,000.00 for the match and $3,000.00 that is sent to Bonner County so with reimbursing wages she questioned if that will be more.

The meeting with Mr. Wenk ended at 9:43 a.m.

10:00 a.m., Veterans Service Officer Ron Self contacted Commissioners via telephone to give his department report.

Veterans are starting to come out and flu shots through the Veterans Administration will be available on October 1, 2020. Mr. Self said he has just been plugging away. Chairman Dinning asked Mr. Self if he could get a total number of people he’s serving when he gets a chance. Mr. Self informed Commissioners that his office is open both Wednesdays and Thursdays from 8:00 a.m. to 1:00 p.m.

The call with Mr. Self ended at 10:05 a.m.

10:15 a.m., County Civil Attorney Tevis Hull and Assessor Dave Ryals joined the meeting.

Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Kirby second. Motion passed unanimously. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:25 a.m. No action was taken.

Chairman Dinning asked Attorney Hull about a matter involving a possible amended plat. Attorney Hull said that doesn’t require a public hearing.

The meeting with Assessor Ryals and Attorney Hull ended at 10:30 a.m.

10:30 a.m., Kennon McClintock with The Nature Conservancy joined the meeting with Karen Neorr with the Idaho Department of Lands and property owner Jim Dickison. Mr. McClintock discussed the 2020 application for the Forest Legacy Program. Boundary County has 800,000 acres and in that there are 191,000 acres in private land, 35,000 acres owned by the Idaho Department of Lands and 574,000 acres of Forest Service land. Out of the private land acreage 31,000 acres are in industrial forests. Chairman Dinning questioned how much of the 80,000 acres in the small woodlands category are under conservation easements or the Forest Legacy Program. Mr. McClintock said out of the 31,000 acres in the industrial forest category there are 17,000 acres in programs and there are 5,500 acres in the small private land category that are finalized for a total of 22,000 acres. That’s taking out 6,000 acres that the Idaho Department of Lands has now that used to be under Molpus. Vital Ground under the Hubbards is the only project that involves easements. With this there are 8,800 acres that are in the process now, including this project.

Mr. McClintock handed out a chart pertaining to the number of tax parcels in Boundary County from years 2015 to 2020. Mr. McClintock explained information on this sheet and he said the total on the far right shows that in these five years more tax parcels were added, meaning big chunks of land are being broken down into smaller parcels.

Mr. McClintock said his third handout shows Idaho as the eighth largest lumber producer in the country. Idaho Forest Group is ranked 8th with 1,370 million board feet and they’re the biggest producer in the state. The percentage of logs that come from private lands is 69%. Information shows that every one million board feet of timber harvested equals 24 jobs. It was said that probably around 3,000 jobs are created in the four plants locally. Those present reviewed the number of board feet of logs that has come off of private forest lands and state ground, Mr. McClintock said the percent of logs that come off of private lands is mid to high 70%. Alta Mill is now accepting a new white log species, according to Mr. McClintock.

Mr. McClintock discussed the Forest Legacy proposal for this year. The amount of land proposed consists of 3,000 acres in the Dawson Ridge area. A map of the area involved in the proposal was provided. The areas shown in brown are acres in the year 2018 application and easements are in the process for those properties. Molpus and Hancock properties are mixed and the areas in yellow are Hancock lands and the blue areas are Molpus. Section 33 is the Dawson area near the repeaters. The Reddish purple color is Jim Dickison’s property. Chairman Dinning briefly mentioned possible expansion of an area as it would be vital to the county. Ms. Neorr said what Chairman Dinning stated are allowable uses. The next map shows how Forest Service land ties in. The project consists of 3,218 acres and is from Dawson Ridge to the state line to the east. These have all been commercial working forest lands for 70 years. Maintaining these lands is what the program is trying to do to keep industry here for the long run; to have this infrastructure and these lands. Chairman Dinning said on the industrial grounds we’ve had the public access issue, call it non-motorized, and we ran into snowmobile use and we’re working through that, but that is allowed use. Ms. Neorr said with conservation easements, these will be the same for public access. The landowner will permanently memorialize non-motorized use. Motorized use can be allowed on open gated road. The landowner has discretion to allow motorized use. Ms. Neorr said the Idaho Department of Lands encourages that. Chairman Dinning said the road on upper Ruby to Ruby Pass, is that already done or in process? Mr. McClintock said it’s open, but only in four wheel drive. Mr. McClintock said the biggest problem with snowmobiles is that people would use clear cut areas for snowmobiling and would run over the young growth and cause damage. Clerk Poston asked about allowed and prohibited uses in various areas. Mr. McClintock asked if Commissioners would write a letter of neutrality as a private property issue. Commissioners agreed.

Commissioner Cossairt moved to sign a letter of neutrality for the Forest Legacy proposals for 2020. Commissioner Kirby second. Motion passed unanimously.

The meeting with Mr. McClintock, Ms. Neorr and Mr. Dickison ended at 11:10 a.m.

11:10 a.m., Road and Bridge Department Co-Superintendent Renee Nelson also joined the meeting regarding a road matter for Greg Johnson. Mr. Johnson was contacted via telephone and he said that he had heard this matter was getting resolved so he was going to cancel this meeting. Mr. Johnson was informed that the process involving an amended plat doesn’t require a public hearing, but signing the amended plat does need to be on Commissioners’ agenda.

The call to Mr. Johnson ended at 11:13 a.m.

Ms. Nelson commented that County Civil Attorney Tevis Hull approved the county’s use of Sourcewell for the bid process, but Commissioners need to also give approval and agree to register with Sourcewell.

The meeting with Ms. Nelson ended at 11:17 a.m.

The meeting with Mr. O’Neel set for 11:30 a.m. was cancelled.

Commissioners recessed for lunch at 11:20 p.m.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Commissioners held a public hearing in the Extension Office to consider amendments to the County’s Road Standards Ordinance to include allowing for variances to the road standards. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, County Civil Attorney Tevis Hull, Road and Bridge Department Co-Superintendent Renee Nelson and from the public was Nelson Mast. The hearing was recorded.

Chairman Dinning reviewed the process to follow for the hearing. There were no questions on the procedures. Commissioners cited no conflict of interest.

Commissioners opened the hearing and listed the reasons for the proposed amendment. Mr. Mast spoke of there being a variety of parcels on both private and county roads. Some of the accesses to the parcels don’t meet the county’s road standards. It was said the amendments would allow for the ability to consider variances to the standards.

Attorney Hull mentioned the distance between approaches as being 300 feet and if a variance shortened that distance, this amendment would allow for that. Commissioners opened the hearing to public comment and asked for comments in favor of the application. Ms. Nelson said property owner Dayton Skrivseth submitted a letter for the hearing and Chairman Dinning read the letter into the record in which Mr. Skrivseth was in favor of Commissioners having the ability to address drive approaches.

No one spoke uncommitted or in opposition to the application.

Commissioners closed the hearing to public testimony. Attorney Hull said this information is in draft form. There may be no appeal after a decision is made and he suggested taking a look to see if other criteria should be included in the amendment. Attorney Hull discussed matters that are controlled by the ordinance. A variance is to run with the land and continue for the life of the variance established. He added that if the variance is only for a period of time, it would expire at the end of that time.

Section 6.4.1., refers to forms that are to be provided for a request for a variance, but these forms have not yet been created. Chairman Dinning commented that an application for a variance can be addressed by itself or combined with another project in conjunction with a variance. Mr. Mast raised a question regarding simultaneous hearings.

Section 6.4.2., speaks to the duties of the administrator and publication requirements.

Section 6.2.2.1., speaks to sites, legal descriptions, zones, and surrounding zones, etc.

Chairman Dinning listed various chapters to include 6.4.2.1., through 6.4.2.5.

Attorney Hull said in Chapter 6.4.2. he wants to make sure Commissioners have at least minimal time scheduled for a public hearing. Commissioner Cossairt said this is a bad year and he questioned the 30 day timeline in which to schedule a hearing. Attorney Hull said Commissioners could include language that the hearing can be continued if the matter cannot be addressed in 30 days; a hearing just has to be scheduled within 30 days. Attorney Hull further clarified that hearings can be continued for additional information.

Attorney Hull commented about Section 6.4.4., and 6.4.4.1. in that this is the Road Standards Ordinance, but Road and Bridge cannot issue the variance. If an approach doesn’t meet the distance requirements, the approach cannot be granted, but the property owner can then apply for a variance. Considerations for safety, site distance, engineering study, etc., were voiced.

Attorney Hull said it will be helpful for the applicant to have a bullet point list in the request for a variance. Chairman Dinning commented that safety and site distance is the responsibility of the applicant and not for the county to do that work for them. Ms. Nelson said Road and Bridge could present what the site distances are. Those present discussed criteria to include site distance, safety, engineering study, topography/geography of the roadway such a hills and curves in the area requested for a variance.

Chairman Dinning reopened the hearing to public comment. Mr. Mast said as the applicant he would like Road and Bridge to list the requirements needed so he will know what’s needed. Attorney Hull replied that this information would be listed on the application. Chairman Dinning added the criteria of distance between driveways. Attorney Hull questioned if road surfaces and speed limits is another thing to consider.
Ms. Nelson asked about Planning and Zoning applications for parcel splits being approved when the approach permit hasn’t yet been approved by Road and Bridge. Attorney Hull said Planning and Zoning can approve the split subject to an approved variance if it’s required.

Commissioners provided a recap of things to consider, such as speed limits, road surface type, safety, site distance, traffic studies, etc. Chairman Dinning said the application fee is $90.00 plus the cost of publication.

Section 6.6., proposes that Commissioners will not consider appeals to their decision on variances. Attorney Hull added this would be the final decision from the county’s standpoint.

Commissioners closed the hearing to public testimony.

Commissioner Kirby moved to approve the variance process to include the ability to continue hearings in order to get more information, adding considerations for traffic, safety, site distance, possible engineering study, traffic controls, etc., and to charge a fee of $90.00 for the application and an estimated cost of $130.00 for the hearing publication for a total of $220.00. Commissioner Cossairt second. Motion passed unanimously.

The hearing ended at 2:20 p.m.

Commissioners addressed and reviewed the Landfill Operations Plan update. Commissioners approved the update to go forward.

Commissioner Kirby left the meeting at 2:50 p.m.

Commissioner Cossairt moved to sign the Certificate of Residency for Hunter Smith. Chairman Dinning yielded the chair to second. Motion passed unanimously.

3:30 p.m., There being no further business, the meeting adjourned.

______________________________________
DAN R. DINNING, Chairman
Attest:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk