***Monday, September 5, 2022, Commissioners did not meet due to the Labor Day holiday.

***Tuesday, September 6, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

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

9:00 a.m., Commissioners held a budget hearing for Boundary County’s proposed fiscal year 2022-2023 budget. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Lynda Fioravanti, Linda Fontanes, Tiffany Nichols, Dennis Freeman, Treasurer Sue Larson, Hilary Kraly, Colette Harris, Amy Roemelen, Jeanine Betsher, Terry Betsher, Assessor Dave Ryals, Deputy Assessor Olivia Drake, Scott Plew, and Gregory Lamberty. The hearing was recorded.

Chairman Dinning reviewed budget highlights for the proposed fiscal year 2022-2023 budget as follows: Boundary County has the ability to levy $5,885,399.00, which is the 3% allowable increase, plus 90% of new construction. This levy does not include any available forgone amount of $643,196.00. The county will levy $5,715,430.00 and the new forgone amount will increase by approximately $170,000.00. Forgone is the tax dollars the county has chosen not to levy. This budget was published in the newspaper on August 11, 2022 and August 18, 2022. There was $39,177,616.00, 90%, of new construction value for the county or an increase of new construction in the amount of $103,005.00. The market value of the county increased 68% from the previous year.

Commissioners opened the hearing to public comment. Ms. Fioravanti handed Commissioners information and she said she looked at the numbers the state said her property taxes would increase and information from the Clerk was that it was $301.00 per each $100,000.00. Ms. Fioravanti said her value increased from $243,000.00 last year to $536,000.00 and that is net after the $125,000.00 homeowner’s exemption. That figure is the county alone; not the library tax, ambulance tax, etc. That is an increase in one year of approximately $600.00; just for the county and it’s almost $1,000.00 if you include the other agencies. That is egregious, according to Ms. Fioravanti. With a fixed income, some people might lose their home. Ms. Fioravanti said she had asked the county to re-evaluate its budget and she reiterated that people might lose their homes. In the last two years the county has increased the budget $9,500,000.00 when in previous years the budget was approximately $1,000,000.00. That is egregious. Our citizens cannot handle this kind of increase. The airport budget alone was increased $1,000,000.00. Ms. Fioravanti commented that there is a funny number in the Commissioners’ line and she doesn’t know what these figures are, but she’s been too busy to ask. The county put in reserve figures and that is wisdom to have a reserve, but when there are increases in everything that’s happening to people, we ask that citizens not lose their homes. A $1,000.00 tax increase in one year is egregious.

Chairman Dinning explained that the portion of tax that is a part of this budget is $5,700,000.00 of the $20,000,000.00 budget. The balance is made up of grants, etc. so that will fluctuate greatly from year to year depending on what is gotten, such as for Road and Bridge. That is the reason for the large fluctuation. The tax portion is $5,700,000.00 and that is an increase of 1.9%. Chairman Dinning said the shift has to be fixed at the state level. Ms. Fioravanti said for the budget, the county can change the multiplier. Chairman Dinning agreed and said that Ms. Fioravanti was correct. Chairman Dinning added that if Boundary County took the same amount of levy dollars as the last year, due to what the state requires, Ms. Fioravanti’s taxes would still have almost doubled. Ms. Fioravanti said let’s help the people.

Ms. Fontanes said there is a great retired population here and they’re on a fixed income. Social Security has increased $68.00 for every $1,000.00. If you’re fortunate enough to received $2,000.00 and living on social security, you’re getting almost $2,105.00. To come up with another $600.00 or $700.00 in property tax is a stretch for a lot of people. Ms. Fontanes added that she’s heard conversations of the elderly population and they’ve said they would skip purchasing certain groceries. Housing costs have plummeted so is that retiree going to get the same dollars? The tax burden is a little steep to have that amount of an increase resulting in people considering not spending money on food. It makes it difficult.

Jeanine Betcher said she wanted to echo that. The fact that housing prices have now decreased when the valuations were made. Taxes are based on higher valuation, but now homes are not worth that much. This is a stretch and a push and she added that she can afford it, but she knows several other people who cannot so she’s speaking for them. This is hard. These numbers were based on the higher property values that are no longer there and that is problematic and hard to explain to people.

Amy Roemelen said her valuation more than doubled. Ms. Roemelen mentioned that the county had accepted American Rescue Plan Act (ARPA) funds and most were opposed to that, but couldn’t those funds be a way to offset the property tax burden? If it’s in the millions, wouldn’t that then be a tool to lower property taxes? Chairman Dinning said ARPA funds are a tool to lower taxes, but he doesn’t think the county can use those funds to directly reduce taxes. Chairman Dinning added that the way the county is looking at it, is to use ARPA money to fund things that would’ve been funded with future tax dollars. So, it would alleviate the need for the tax payer to pay for those things.

Mr. Plew said he knows the value of his home and although he can’t say if the value doubled, it did increase substantially. The increase was based on a political situation in this country as it drove people out of certain states. If this tax burden is put on us, then that’s not fair. The home prices and sales are plummeting. In looking at what is going on politically and federally with the upcoming election, there is only one reason. You see a sudden price decline in fuel and food because it’s all about votes and he doesn’t want his hands tied to that. This is an agenda-driven inflation. In five months from now, it will be increasing again and our housing prices are going to drop now. Mr. Plew said the timing of the assessment hit the critical point. If you’re doing an assessment, why not wait, stop and keep what you have in place already, because you know it’s coming. Values are not going to go up; they’re going to go down.

Chairman Dinning said so everyone understands, everything that occurs with valuations that the Assessor has to work with, is mandated by the Idaho State Tax Commission. The Idaho Tax Commission comes to the county and conducts a study of values and our Assessor had failed that study by our values being too low. The state mandates that values are at a certain level and the state has a a certain formula. The ag/timber values work on an average, but the residential property values don’t and it’s been advocated that the homeowner receives the same treatment at the legislature. Mr. Lamberty said if values decrease, will property taxes also decrease. Assessor Ryals said no and he asked how many people here think that values are raised in order to generate more revenue for the county. For the people present who raised their hands Assessor Ryals informed them that they were incorrect. The value is only a measure of trying to generate a balance as far as equity and valuations of different property types. That is the only reason they do it. The budget is the budget and it’s already limited to the 3% cap and the county cannot increase it from there. When values more than double, the levy rates are cut in half. The reason tax bills increased isn’t known at this point because we haven’t seen that information. Assessor Ryals said if you look at grocery stores with a $12,000,000.00 value, they will see a nearly $20,000.00 decrease in their tax bill this year and that’s because the rates came down and their values didn’t change. Ms. Fioravanti said that doesn’t help the homeowners. Assessor Ryals said those commercial businesses had a huge tax cut, so someone has to make up that amount. Assessor Ryals asked how many people had read his letter that he sent out with the property assessments and a few replied that they had. Assessor Ryals informed them that the only people who can fix this issue are the legislators and they refuse to help the homeowners as they will only give breaks to the agriculture properties, etc. Only the property owners can fix this. Cutting the budget will not help the taxpayers. Assessor Ryals added that he is an outgoing Assessor so he’s not political. If a house value goes down, that potentially shifts the tax to someone else who has seen a benefit. The levy rate is the product of dividing taxable budget by total net value. People have got to go to the legislators. Ms. Fontanes thanked Assessor Ryals for his comments. Ms. Fontanes said if people where to band together and raise sheep commercially, is that a way to lower tax? If you band together as one farm unit and raise sheep or manufacture yogurt, would you be tied to one commercial entity and then benefit as commercial property? Assessor Ryals said it’s playing the game, but you still have a residence. You have got to get to the legislators. Assessor Ryals said when he’s working with the Idaho Association of Counties he’s trying to get them to use state surplus funds to put toward the tax shift. It’s a shift from one to another and he’s trying to get legislators to use that surplus.

Ms. Fioravanti said between last year and this year’s budget there’s an increase of $4,000,000.00 and that’s a lot of money. Our legislators and Representative Heather Scott have been fighting the issue that Assessor Ryals has talked about and have cried out for property taxes to be reduced and the senate and legislators are not helping the people. Boundary County can help people by lowering the percentages and lower the line items. Are taxes still going to increase, yes, but maybe by a lesser amount. Ms. Fioravanti said she understands that taxes will increase, but she is asking to lower the multiplier to help people out.

Chairman Dinning said the budget has increased $4,000,000.00, but the property tax has only increased 1.9% and that is the amount of $5,700,000.00. The property tax budget was increased by an amount of 1.9% and that is the part that affects each homeowner and property. The rest of the budget is made up of other dollars that are non-property tax; just so everyone understands. Ms. Fioravanti said under Commissioners’ line for year 2021, Commissioners’ budget was $380,000.00, but then in year 2022 that budget increased to $1,400.000.00. Why is there an extra million dollars in the Commissioners’ budget line? Chairman Dinning explained that part of that figure is for reserves and part is for those extra monies he talked about. Chairman Dinning explained that Commissioners’ budget funds other things, such as contract employees, etc. Chairman Dinning said that $1,000,000.00 is not property tax dollars. Clerk Poston said in year 2020, the budget was $1,300,000.00 and Commissioners spent just under $400,000,00, and in another year the budget was $1,300,000.00, but only $300,000.00 was spent. Also in their budget is a line item for capital - land in the amount of $150,000.00, capital – other in the amount of $700,000,00, grant match of $20,000.00, professional services in the amount of $90,000.00, and wages and miscellaneous. Chairman Dinning urged those present not to confuse total budget with levy dollars. The county has had the foresight enough to save money. Chairman Dinning provided an example in that Boundary County might need to purchase land at some point, such as if the county needs to purchase a gravel pit up north as it would save the county money in travel. That is what you’re seeing in the budget; some forethought. Ms. Fioravanti said that is wisdom. The funds are there, but it doesn’t mean they will be used. Clerk Poston commented that the county still doesn’t have figures from the state.
Commissioners closed the hearing to public testimony since there were no more questions or comments.

Commissioner Bertling said when he was on the school board they never had any reserves. Chairman Dinning said when we’re over $800,000.00 in property tax that the county did not levy over the years, we’re pretty frugal. Other counties have taken the 3%. Commissioner Cossairt said a lot of other counties are taking out of their forgone; their reserves.

Commissioner Cossairt moved to adopt the Boundary County proposed budget for fiscal year 2022-2023. Commissioner Bertling second. Motion passed unanimously.

Commissioner Bertling moved to adopt Resolution 2022-42. A resolution adopting the fiscal year 2022-2023 county budget. Commissioner Cossairt second. Motion passed unanimously. Resolution 2022-42 reads as follows:
RESOLUTION 2022-42

A RESOLUTION TO ADOPT
THE FISCAL YEAR 2022-2023 COUNTY BUDGET

WHEREAS, on the 6th day of September, 2022, at the Boundary County Courthouse in Commissioners’ Chambers in Bonners Ferry, Idaho, the Board of County Commissioners held the fiscal year 2022-2023 budget hearing for Boundary County, and

WHEREAS, the budget hearing was held in accordance with Idaho Code 31-1604 and Idaho Code 31-1605, and
WHEREAS, the proposed budget was duly printed in the Bonners Ferry Herald on August 11, 2022, and August 18, 2022,

WHEREAS, there was citizen input on the budget as proposed, and

WHEREAS, having considered the budget needs and available revenue,

NOW THEREFORE BE IT RESOLVED, that the Board of Boundary County Commissioners hereby unanimously adopt the fiscal year 2022-2023 budget as attached for Boundary County.

DATED AND DONE this 6th day of September, 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 #292482

Commissioner Cossairt moved to adopt Resolution 2022-43. A resolution of the Board of County Commissioners of the County of Boundary, Idaho, reserving the forgone amount for fiscal year 2022-2023 for potential use in subsequent years as described in Idaho Code §63-802, et al. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-43 reads as follows:

RESOLUTION 2022-43

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOUNDARY, IDAHO, RESERVING THE FORGONE AMOUNT FOR FISCAL YEAR 2022-2023 FOR POTENTIAL USE IN SUBSEQUENT YEARS AS DESCRIBED IN IDAHO CODE §63-802, et al.

WHEREAS, Idaho Code §31-811 empowers the board of county commissioners of each county to levy property taxes; and,

WHEREAS, Idaho Code §31-1605 requires the board of county commissioners of each county in the State of Idaho to pass an annual budget; and,

WHEREAS, Idaho Code §63-802 sets limitations on county budget requests on the amount of property tax revenues that can be used to fund programs and services; and,

WHEREAS, Idaho Code §63-802(1)(a) allows each county to increase property tax budget amounts by a maximum of 3%, plus an amount calculated based on the value of both new construction and annexation added during the previous calendar year, plus an amount for forgone taxes; and,

WHEREAS, Idaho Code §63-802(1)(f) requires that the County adopt an annual resolution to reserve additional forgone amount in order to utilize that amount in subsequent years; and,

WHEREAS, Boundary County has met the notice and hearing requirements in Idaho Code §63-802(1)(f) to reserve the current year’s increase in the forgone amount; and,

WHEREAS, Boundary County intends to reserve $169,969.00 of its current year’s increase in allowable forgone amount. Prior forgone amount of $643,196.00 is also reserved.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOUNDARY, IDAHO, that $169,969.00 of the current year’s allowable increase in its forgone amount is reserved and included in the County’s total forgone balance for potential use in subsequent years.

PASSED by the BOUNDARY COUNTY BOARD OF COUNTY COMMISSIONERS on the 6th day of September, 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 #292483
Commissioner Cossairt moved to sign the L2 budget forms for the fiscal year 2022-2023 county budget. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved that the budget will include expenditure of funds for all county leases, to include Columbia Bank Leases #1822897, #2049363 and #2178569. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the letters of intent for Columbia Bank leases #1822897, #2049363 and #2178569. Commissioner Bertling second. Motion passed unanimously.

The hearing to consider the county proposed fiscal year 2022-2023 budget ended at 9:45 a.m.

Before members of the public left Commissioners’ Office Assessor Ryals provided a detailed explanation of the property tax issue and urged them to contact their legislators and get involved.

9:50 a.m., Commissioners held a budget hearing to consider the Boundary County Ambulance Service District’s proposed fiscal year 2022-2023 budget. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Assessor Dave Ryals, and Deputy Assessor Olivia Drake. The hearing was recorded.

Chairman Dinning clarified that no members of the public were present. The Boundary County Ambulance Service District has the ability to levy $454,031.00 (3% allowable increase, plus 90% new construction). This levy does include $4,550.00 of the allowable forgone. The forgone balance for future use will be $21,096.00. All funds collected from this levy are collected for the operation of the Boundary County Ambulance Association.

Being that there were no comments made, Commissioners closed the hearing to public testimony.

Commissioner Bertling moved to adopt the Boundary County Ambulance Service District proposed budget for fiscal year 2022-2023. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the L2 budget forms. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2022-1A. A resolution to adopt the fiscal year 2022-2023 Boundary County Ambulance Service District Budget. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-1/A reads as follows:

RESOLUTION 2022-1/A
A RESOLUTION TO ADOPT THE FISCAL YEAR 2022-2023
BOUNDARY COUNTY AMBULANCE SERVICE DISTRICT BUDGET

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did adopt Resolution 2012-16 on March 26, 2012 creating a county-wide ambulance service district, pursuant to Idaho Code §31-3908, to be known as the Boundary County Ambulance Service District to be recognized as a legal taxing district and giving the Board the authority to levy a special tax for the operation of the District, pursuant to Idaho Code §31-3908(4), and

WHEREAS, on the 6th day of September, 2022, at the Boundary County Courthouse in Commissioners’ Chambers in Bonners Ferry, Idaho, the Board of County Commissioners held the fiscal year 2022-2023 budget hearing for the Boundary County Ambulance Service District, and

WHEREAS, the budget hearing was held in accordance with Idaho Code 31-1604 and Idaho Code 31-1605, and

WHEREAS, the proposed budget was duly printed in the Bonners Ferry Herald on August 4, 2022 and August 11, 2022, and

WHEREAS, there was no citizen input on the budget as proposed, and

WHEREAS, having considered the budget needs and available revenue,

NOW THEREFORE BE IT RESOLVED, that the Board of Boundary County Commissioners hereby unanimously adopt the fiscal year 2022-2023 budget as attached for the Boundary County Ambulance Service District.

DATED AND DONE this 6th day of September, 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 #292486

Commissioner Cossairt moved to adopt resolution 2022-2/A. A resolution of the Board of County Commissioners of the County of Boundary, Idaho, reserving the forgone amount for fiscal year 2022-2023 for potential use in subsequent years as described in Idaho Code §63-802, et al. for the Boundary County Ambulance Service District. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-2/A reads as follows:
RESOLUTION 2022-2/A

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOUNDARY, IDAHO, RESERVING THE FORGONE AMOUNT FOR FISCAL YEAR 2022-2023 FOR POTENTIAL USE IN SUBSEQUENT YEARS AS DESCRIBED IN IDAHO CODE §63-802, et al. FOR THE BOUNDARY COUNTY AMBULANCE SERVICE DISTRICT.

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did adopt Resolution 2012-16 on March 26, 2012 creating a county-wide ambulance service district, pursuant to Idaho Code §31-3908, to be known as the Boundary County Ambulance Service District to be recognized as a legal taxing district and giving the Board the authority to levy a special tax for the operation of the District, pursuant to Idaho Code §31-3908(4), and

WHEREAS, Idaho Code §31-811 empowers the board of county commissioners of each county to levy property taxes; and,
WHEREAS, Idaho Code §31-1605 requires the board of county commissioners of each county in the State of Idaho to pass an annual budget; and,

WHEREAS, Idaho Code §63-802 sets limitations on county budget requests on the amount of property tax revenues that can be used to fund programs and services; and,

WHEREAS, Idaho Code §63-802(1)(a) allows each county to increase property tax budget amounts by a maximum of 3%, plus an amount calculated based on the value of both new construction and annexation added during the previous calendar year, plus an amount for forgone taxes; and,

WHEREAS, Idaho Code §63-802(1)(f) requires that the County adopt an annual resolution to reserve additional forgone amount in order to utilize that amount in subsequent years; and,

WHEREAS, Boundary County intends to reserve $21,096.00 of its allowable forgone amount for the Boundary County Ambulance Service District for the purpose of operations of the District. The amount of $4,055.00 will be recovered in existing forgone as so noted on Line 20 of the L-2 Worksheet.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOUNDARY, IDAHO, that $21,096.00 of the allowable forgone amount for the Boundary County Ambulance Service District is reserved and included in the District’s total forgone balance for potential use in subsequent years.

PASSED by the BOUNDARY COUNTY BOARD OF COUNTY COMMISSIONERS on the 6th day of September, 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 #292487

The budget hearing ended at 9:55 a.m.

10:00 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 10:13 a.m. No action was taken.

Commissioner Bertling moved to ratify signing the lease with the Forest Service for use of the slab, associates park property and riverside park during the wildland fire emergency as the leases were done under the emergency declaration. Commissioner Cossairt second. Motion passed unanimously.

10:38 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.
Commissioners held the bid opening for the Boundary County vehicle and equipment fuel supply for fiscal year 2022-2023. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris. The bid opening was recorded.

Commissioners received one sealed bid from Dyck’s Oil and Auto. Those present reviewed the costs listed in the quote for unleaded gasoline, ultra-low sulfur diesel #2 dyed and diesel #1 for an overall quote of $523,647.50 for the duration of June 1, 2022 through June 30, 2023. A cashier’s check in the amount of $26,183.00 was provided as a bid bond for 5% of the total amount bid. Ms. Nelson briefly questioned delivery.

Ms. Nelson said she would make the recommendation based on the fiscal year 2021-2022 bid. Those present calculated the budgeted amount for Road and Bridge in comparison to the Sheriff’s Office and the Solid Waste Department for fuel usage.

Commissioner Cossairt moved to accept the bid from Dyck’s Oil and Auto totaling $523,647.50 for the county’s vehicle and equipment fuel supply for fiscal year 2022-2023. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to go out to bid for the Skin Creek Bridge replacement project. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Agreement for Professional Services with HMH Engineering, LLC for the Skin Creek Bridge replacement project. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Findings and Decision for Variance Application #8-2022 to Road Standards Ordinance 2020-2 for Richard and Susan Clark as it pertains to an approach location. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Caterpillar (CAT) Finance documents and associated documents for a 966M Wheel Loader. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2022-44. A resolution for the governmental entity to lease, purchase and/or finance a Caterpillar (CAT) 966M Wheel Loader. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-44 reads as follows:

SEE NEXT PAGE FOR RESOLUTION 2022-44

Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting at 11:05 a.m.

Mr. Morris reviewed the work as listed in the department report.

Commissioners will schedule time at the Road and Bridge Office and shop to review suggestions made by Alicia Ray with the State Insurance Fund.

The meeting with Ms. Nelson and Mr. Morris ended at 11:15 a.m.

Commissioner Cossairt moved to adopt Resolution 2022-45. A resolution amending the Schedule of Starting Wages. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-45 reads as follows:
RESOLUTION 2022-45
AMENDED SCHEDULE OF STARTING WAGES

WHEREAS, Boundary County has reviewed its employee policy pursuant to the authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho and Title 31, Chapter 8, Idaho Code, and

WHEREAS, Boundary County is a political subdivision of the State of Idaho, operating under the provision and the laws of the State of Idaho, and as such is authorized and empowered to make decisions regarding its employees’ benefits; and

WHEREAS, the Boundary County Commissioners find it necessary to revise the Schedule of Starting Wages, and
WHEREAS, Rule 4B of the Boundary County Personnel Policy that was adopted as Resolution Number 2019-19 on August 26, 2019 allows the Board of County Commissioners to review and make adjustments to the Schedule of Starting Wages by resolution as required,

NOW, THEREFORE, be it resolved by the Board of Boundary County Commissioners that it is in the best interest of the County to amend the Schedule of Starting Wages as follows:

Law Enforcement
& Firefighters Only
Grade 10/1/2022 10/1/2022
1 11.38 11.56
2 11.90 12.10
3 12.47 12.67
4 13.04 13.25
5 13.68 13.91
6 14.32 14.57
7 15.03 15.29
8 15.78 16.05
9 16.55 16.83
10 17.39 17.70
11 18.29 18.61
12 19.23 19.56
13 20.23 20.58
14 21.27 21.66
15 22.39 22.78
16 23.58 24.00
17 24.83 25.28
18 26.17 26.63

Effective 10-1-13 $.30 per hour shift differential for 6:00 p.m. to 6:00 a.m. shift work, unless assigned that shift in job description. Holiday, sick, vacation, comp time, jury duty, and bereavement leave do not qualify for shift differential pay

*Law enforcement is defined as patrol deputies, detention deputies and courthouse security only.

THIS RESOLUTION shall be effective on October 1, 2022. PASSED AND APPROVED by the Board of County Commissioners of Boundary County, Idaho, on the 6th day of September, 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 #292484

11:20 a.m., County Civil Attorney Tevis Hull stopped by Commissioners’ Office.

Commissioners briefly discussed various documents for review.

Attorney Hull left the meeting at 11:23 a.m.

Commissioner Cossairt moved to nominate Bret Mendenhall from Madison County for 2022 Election Ballot for Capital Crimes Defense Fund at-Large position. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign independent contractor agreement with High Road Enterprises for the concrete used in the landfill office addition once the document has been completed. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2022-46. A resolution regarding authorizing road closures during the Kootenai Complex fires. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-46 reads as follows:
BOUNDARY COUNTY
EMERGENCY RESOLUTION 2022-46
REGARDING AUTHORIZING ROAD CLOSURES DURING THE
KOOTENAI COMPLEX FIRES

WHEREAS, Boundary County Board of Commissioners declared a local disaster/emergency declaration on September 2, 2022, as a result of Boundary County experiencing lightning-caused wildland fires in August 2022; and,
WHEREAS, various fires have spread significantly within the last few days with no containment and firefighter, public safety, structures, private timber. Livestock, and crop protection are a concern needing to be addressed; and,

WHEREAS, the Board of Boundary County Commissioners are conveying authority to Boundary County Emergency Manager Andrew O’Neel to close various roads in conjunction with the recommendation of the United States Forest Service, Idaho Department of Lands and the Boundary County Sheriff’s Office; and,

NOW THEREFORE, the Board of Boundary County Commissioners convey road closure authority to Boundary County Emergency Manager Andrew O’Neel during the Kootenai Complex fires.

Dated this 6th day of September, 2022.

BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/__________________________
Dan R. Dinning, Chairman
s/__________________________
Wally Cossairt, Commissioner
s/____________________________
Tim Bertling, Commissioner
ATTEST:
s/______________________________
Glenda Poston, Clerk
Recorded as instrument #292488

11:33 a.m., Commissioners canvassed the abstract of ballots from the Boundary County School District bond. Chairman Dinning asked if there were any discrepancies. Clerk Poston said the number of people who voted changed as there were two people who voted both yes and no on their ballots.

Commissioner Cossairt moved, that we as Commissioners of the county and state aforementioned, acting as a Board of Canvassers of Election, do hereby state that the attached is a true and complete abstract of all votes cast within this county for the candidates and/or questions as they appeared at the election held on August 30, 2022 as shown by the records now on file in the County Clerk’s Office. Commissioner Bertling second. Motion passed unanimously.

Commissioners tended to administrative duties.

Commissioners recessed for lunch.

1:30 p.m., Commissioners reconvened for the afternoon session at the County Annex with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Commissioners held a public hearing to consider Planning and Zoning File #22-056. This is an application for a short plat, primitive subdivision filed by Silvertip Holdings, LLC. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel (via telephone) and Wayne Jessop with Silver Tip Holdings. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. No member cited a conflict of interest.

This is an application for preliminary plat approval for Jessop Subdivision, a proposed primitive subdivision to divide a 22.63-acre parcel into a 10-acre lot and a 12.63-acre lot.

Commissioners asked for a staff report. Ms. Marley said this is for a primitive short plat that is at least 5-acres in size and no more than two lots are being created. The original division of this land occurred in year 2013. Ms. Marley’s presentation included an aerial showing the location of the subject property and she said this is off of Highway 1 at an unnamed private easement. The lots are to be served by private septic and wells. The property is zoned ag/forest. A drawing was shown depicting lot 1 at 10-acres and lot 2 at 12.63-acres. Chairman Dinning said the access easement is a 30-foot wide utility easement. Ms. Marley reviewed the list of comments provided from the Idaho Transportation Department. There is a maximum use for five trucks per day per the application. Panhandle Health District has the completed permits for two separate septic systems, but the permit for the subdivision itself must be submitted.

Notice was also provided to landowners within 300 feet of the property and Planning and Zoning did not receive any verbal or written comments. Ms. Marley briefly reviewed the draft findings and conclusions and explained that No. 16 of the findings and conclusions provides a background as to why this property was a commercial use.

Commissioners asked for the applicant to make an opening statement. Mr. Jessop said he doesn’t really have any comments; it’s pretty straight forward. Commissioners opened the hearing to public comment and asked for comments in favor, neutral or opposed to the application. No one from the public was present to provide comment. Mr. Jessop chose not to make a closing statement.

Commissioner Bertling moved to approve the preliminary plat for Jessop Subdivision, a proposed primitive subdivision, File #22-0156, and direct staff to prepare written findings, a decision, and terms and conditions of approval, 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 and conclusions as written or amended. This action does not result in a taking of private property. And to include draft findings and conclusions 1 through 17. Commissioner Cossairt second. Motion passed unanimously.

The hearing ended at 1:40 p.m.

1:45 p.m., Commissioners held a public hearing for Planning and Zoning File #22-0165, for Applicants Joel and Julia Majeski. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel (via telephone), Applicant Julia Majeski, and Dana VanHeusden. The hearing was recorded.

This is an application for a replat of a portion of Lot 10, Moravia Orchards and parcel #RP61N01E070500A. A short plat, lot line adjustment.

Commissioners reviewed the hearing procedures and asked for a staff report.

Ms. Marley stated that this property is in the ag/forestry district. The applicants desire is to replat in order to no longer have the property line run through the existing home. The parcels are served by private septic systems. Ms. Marley reviewed her presentation slides with Commissioners showing an aerial view, a replat drawing of property and an enlarged proposed lot configuration. The adjustment will enlarge the 1.44-acre lot. There needed to be a public hearing as this lot line adjustment is a short plat. This is not creating any extra lots and it’s not making any non-conforming parcels. The zone is ag/forestry. These are lawful lots, according to Ms. Marley. Notice of hearing was sent to various agencies and comments were received from the county mapper and Panhandle Health District. The county mapper would like the alleyway shown. Comments were also mailed to landowners within 300 feet of the property. Ms. Marley pointed out the draft findings and conditions and conditions of approval. No. 4 of the draft conditions of approval state that the adjacent approximately 2.4-acres of lot 1, Block 1 of Moravia Orchards shall be illustrated on the final plat, pursuant to the County Assessor and Boundary County Planning Department. No written or verbal comments were received. Ms. Marley said we need to show that this application met preliminary plat requirements and that the lot line adjustment cannot recreate more lots and it cannot create non-conforming parcels.

Commissioners asked the applicant for an opening statement. Ms. Majeski said she owns all three lots. No public testimony was provided. Ms. Majeski chose not to make a closing statement. Commissioners closed the hearing to public testimony.

Commissioner Cossairt moved to approve the preliminary plat for the replat of a portion of Lot 10, Moravia Orchards and RP61N01E070500A, a proposed lot line adjustment, File #22-0165, and direct staff to prepare written findings and a decision, finding that the preliminary plat is not in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings and conclusions as written or amended. This action does not result in a taking of private property. And to also include draft findings and conclusions 1 through 10. Commissioner Bertling second. Motion passed unanimously.

The hearing ended at 1:55 p.m.

2:00 p.m., Commissioners held a public hearing to consider Planning and Zoning Application 22-0029 filed by John Poland and Lisa Aguilera. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel (via telephone), Applicant John Poland, Matthew Wilson with MW Surveying, Wayne Bates, and Jeff Fee. The hearing was recorded. The hearing procedures were reviewed.

Commissioners opened the hearing for an application for an amended plat of Kootenai Orchards, No. 2, a short plat, lot line adjustment. Commissioners asked for a staff report. Ms. Marley said Commissioners have background information on this parcel and area so they are aware where its located. The parcel is eligible for reconfigurations and the applicant is looking to create three, 10-acre lots. The lot sizes requested do meet the zone requirements. The lot comes off of Willow Lane and it uses private wells and septic. Those present reviewed the amended preliminary plat map. Ms. Marley said the notice of hearing was sent to various agencies. The Assessor’s Office Mapper, Cabinet Mountains Water District, and Panhandle Health District provided comments. Cabinet Mountains Water District’s comment was that they don’t provide water service in this location. Landowners within 300 feet received the notice of public hearing, but no written or verbal comments were received. Ms. Marley pointed out the draft findings and conclusions. Ms. Marley added that this application is the standard two-year term to complete or approval shall expire.

Commissioners asked the applicant for an opening statement. Mr. Poland introduced himself and he said the last illustration showed Kootenai Orchards and his 30-acre parcel. The property lines overlap six different parcels and he’s trying to bring his 30-acres’ metes and bounds description to the existing lots in the Kootenai Orchards subdivision. The lots will stay within the 10-acre zone. This lot line brings everything into conformance and it will clear up a residential discrepancy between the old documents.

Commissioners opened the hearing to public testimony. Speaking in favor of the application was Jeff Fee. Mr. Fee said he cannot understand why Mr. Poland has to go through this process again and he spoke of rules pertaining to prohibiting neighbors from putting whatever they want on their property. Chairman Dinning explained that this is a hearing for a very old subdivision and the description of the property that Mr. Poland bought does not match up with the lots that were created a long time ago. Mr. Poland is creating these parcels to properly be within what he bought. Ms. Marley added that when this plat was recorded the state law reads that other lines are vacated and this process will clean that up. Mr. Fee said he’s concerned about someone next to him doing the same thing. Mr. Williams of MW Surveying informed Commissioners that Mr. Fee’s lot was already replatted so that matter has somewhat already been fixed. Chairman Dinning clarified that this hearing has only to do with the property lines on the ground; not the use.

Also speaking in favor was Wayne Bates. Mr. Bates explained that he is the owner of Willow Lane and he is in favor of the application. No one spoke uncommitted or opposed to the application. Commissioners closed the hearing to public comment and asked Mr. Poland for a closing statement. Mr. Poland thanked Ms. Marley for her time in clarifying the application. This lot line adjustment will cover all concerns and has the utilities covered.

Commissioner Bertling moved to approve the preliminary plat for Amended Plat of Kootenai Orchards, No. 2, a proposed lot line adjustment, File #22-0029, and direct staff to prepare written findings, a decision, and terms and conditions of approval, 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 and conclusions as written or amended. This action does not result in a taking of private property. This includes draft findings and conclusions 1 through 11 and draft conditions of approval 1 through 3. Commissioner Cossairt second. Motion passed unanimously.

The public hearing for Planning and Zoning Application #22-0029 for Applicants John Poland and Lisa Aguilera ended at 2:15 p.m.

Commissioners tended to administrative duties until their next hearing at 2:45 p.m.

2:45 p.m., Commissioners continued the public hearing to consider Variance #9-2022 to Boundary County Road Standards 2020-2 as it pertains to an approach permit for Applicants Stolley Homes LLC, Travis and Jessica Stolley. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Sandy Ashworth, and Applicant Jessica Stolley. The hearing was recorded.

Chairman Dinning said Commissioners had continued this public hearing at the point of holding discussion amongst themselves. Commissioner Cossairt said he feels every property should have its own access. Commissioner Bertling said he feels the existing access would work. It was said the Boundary County Road Standards were created to prevent roads that are too close together and this proposed access is 75 feet from an existing access. Commissioner Bertling said the applicant will have access since it’s not landlocked access; this was one parcel originally. Chairman Dinning said the property owner can move the access so it runs right down the property line or move it so it cuts across the property sooner. Commissioner Bertling said he feels it’s possible from the original access point.

Commissioner Bertling moved to deny Variance Application #9-2022, for Stolley Homes, LLC., Travis and Jessica Stolley, as it pertains to an approach location that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “nay” and Commissioner Bertling “aye”. Motion passed.

The hearing to consider Variance #9-2022 for Stolley Homes LLC ended at 2:50 p.m.

Commissioners tended to administrative duties.

Commissioner Cossairt moved to sign the lease for use of the airport property by the United States Forest Service for the Kootenai Complex fire. Commissioner Bertling second. Motion passed unanimously.

3:45 p.m., County Civil Attorney Tevis Hull joined the meeting with Commissioners and Planning and Zoning Administrator Clare Marley.

Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting at 3:47 p.m.

Chairman Dinning said Commissioners are at the point of selecting a date to grandfather prior property splits; not the property use. With that, we need to adopt an ordinance and everything after that ordinance would be grandfathered, but still may have to go through processes to meet that ordinance. Chairman Dinning said we will have to consider what date they will be bound to. The zoning map was adopted in January. Ms. Marley said up until the 2017 ordinance the county had picked the ordinance dated January 7, 1999, then there had been a series of amendments. Ms. Marley spoke of looking at code language. From the date of this ordinance and also another ordinance, they had the statement, “from the laws in effect at the time.” There was differing language that was conflicting internally. Ms. Marley mentioned the ability to use Ordinance 2017-1A and she added that this ordinance took away the early grandfathering of the 1999 ordinance. Ms. Marley said we need help to look at the reasoning as to why the county would use Ordinance 2017-1A for division of land. Attorney Hull said it took away the 1999 ordinance language and that is the day there was truly a misunderstanding. Attorney Hull added that we need to check the adoption date of January 18, 2022 on the zoning map. Chairman Dinning said those are the two pieces that Commissioners need to be solid about. Chairman Dinning asked, if Commissioners pick the date of January for size and then there is a property split after that date, would that meet size criteria, or is it grandfathered no matter the size even though it did not go through the proper process according to the 2017 ordinance? The property would be grandfathered by size, but still have to go through the process. It was said that there has to be recorded deeds.

The proof of conveyance would be up to the applicant to show. Chairman Dinning asked about a subdivision that was valid prior to year 2017. Ms. Marley referenced Ordinance 99-06. If the property owner divided their property in 2008, it’s grandfathered by size, but it didn’t go through any process. It was asked if the property owner would be required to go through the 2007 process. Ms. Marley referenced the term, “laws in effect of the time”. Chairman Dinning asked if it would require a public hearing under the old ordinance. Ms. Marley said when the ordinance gets updated, there was mention of being able to go through a new process. Ms. Marley proposed that the decision regarding non-conforming state that it is not illegal.

Commissioner Cossairt moved to direct staff to initiate an ordinance through procedures of Boundary County land use law to establish effective dates and include the dates for an official zoning map and subdivision law. Commissioner Bertling second. Motion passed unanimously.

Commissioners amended their prior motion to include the following: Commissioner Cossairt moved to address the verbiage issue of illegal and non-conforming definitions. Commissioner Bertling second. Motion passed unanimously.

It was said for clarification, that the lawfully created con-conforming lot can get a permit to verify the legality of it.

Commissioner Cossairt moved that the property owner can apply for a permit on a legally created non-conforming lot. Commissioner Bertling second. Motion unanimously.

The meeting with Ms. Marley and Attorney Hull ended at 4:15 p.m.

There being no further business, the meeting adjourned at 4:15 p.m.

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DAN R. DINNING, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk