Commissioner Meeting Minutes - Week of May 16, 2022

***Monday, May 16, 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., Road and Bridge Department Co-Superintendent Randy Morris joined the meeting to give the department report. A written report was provided and Mr. Morris reviewed work listed in the report.

Mr. Morris commented that there is an additional surcharge of $6,600.00 for the Western Star chassis and it’s for increased commodity and issues with the supply chain costs.

Commissioner Bertling moved to approve the additional surcharge amount of $6,600.00 for the Western Star chassis. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign the Change Order form for the amount of $6,600.00 for the Western Star chassis when the document is ready. Commissioner Bertling second. Motion passed unanimously.

Chairman Dinning said there are certain mechanical parts that Road and Bridge uses more than other parts so is there a way to stock up. Mr. Morris said it’s difficult to determine what parts are going to break down. Those present discussed going out to bid for chloride dust palliative materials.

Chairman Dinning informed Mr. Morris that Boundary Economic Development Director David Sims is going to set up a meeting with the Idaho Transportation Department, Commissioners, Road and Bridge, Alta Forest Products, Representative Sage Dixon, and Cabinet Mountains Water District personnel so an update on projects in the Naples area can be provided.

Mr. Morris said the Kootenai Tribe is going to have a traffic study done in the area of their proposed travel plaza. The Tribe’s road access is to be between Sunrise Road and Highway 95.

9:21 a.m., Bonners Ferry Herald Reporter Emily Bonsant joined the meeting.

Mr. Morris informed Commissioners that Road and Bridge filled the shop foreman position from within so they now need to go out for a mechanic’s position.

The meeting with Mr. Morris ended at 9:32 a.m.

Chairman Dinning said the memorandum of understanding with Bonner County for public defender services will not be ready before the necessary time line.

Commissioners discussed learning from Sheriff Kramer that the cost to operate the Idaho Public Safety and Security Information System (ILETS) is increasing.

The Red Cross would like to enter into a Facility Use Agreement to use the fairgrounds as a shelter in the event of an emergency. Commissioners will forward the draft agreement to County Civil Attorney Tevis Hull for review.

Commissioner Cossairt moved to sign the Property Tax Cancellation Form for tax year 2021 for parcel #RPB0600005005BA in the amount of $11.74 in late penalty and interest due to error. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to reappoint Don Jordan, Jay Wages, and Caleb Davis to the Airport Board with terms to expire February 2025. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign Request for Reimbursement #10 (Final), the Invoice Summary and SF-425 Form and SF-271 Form for Airport Improvement Project #018 for the snow removal equipment building (Phase II). Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to approve the meeting minutes for the week of May 9 & 10, 2022. Commissioner Bertling second. Motion passed unanimously.

Ms. Bonsant left the meeting at 9:50 a.m.

10:01 a.m., 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 Bertling second. Motion passed unanimously.

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

10:02 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and reconvene as the Boundary County Board of Commissioners. Commissioner Bertling second. Motion passed unanimously.

10:30 a.m., Kootenai Valley Resource Initiative (KVRI) Facilitator Rhonda Vogl joined the meeting.

Ms. Vogl said at this evening’s KVRI meeting there will be a water forecast from the National Weather Service and US Army Corps of Engineers. Bonners Ferry District Forest Ranger Kevin Knauth will provide a forestry update and there will also be grizzly bear, Total Maximum Daily Load (TMDL) and Wildlife Auto Collision (WAC) updates.

The meeting with Ms. Vogl ended at 10:33 a.m.

10:37 a.m., Clerk Poston discussed the Government Employees Medical (GEM) Plan changes. There will be a 9.5% maximum increase in the plan’s premium and Clerk Poston said she did budget for this increase. Claims did increase for some counties and Boundary County’s claims were okay, but the GEM Plan is a pooled group so you share losses and gains. Boundary County is ahead $165,000.00, but overall the GEM Plan is down approximately $1,000,000.00. Funds were received by GEM Plan to cover COVID-19 costs. Chairman Dinning explained that the county originally was a member of Blue Cross, but they were facing 17% increases.

Clerk Poston discussed reviewing an increase in dental benefits.

Commissioners tended to administrative duties.

11:21 a.m., Personnel Director Pam Barton joined the meeting to discuss job description changes. Ms. Barton spoke of the Parks and Recreation maintenance position and determining if the position is affected by the Affordable Healthcare Act. Ms. Barton spoke of what is called a look-back review as it relates to determining seasonal positions in relation to benefits. A seasonal position is eight months or less and if it’s more, the employee receives Public Employee Retirement System of Idaho (PERSI) benefits.

The meeting with Ms. Barton ended at 11:36 a.m.

11:36 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting.

Ms. Magee informed Commissioners that the large spruce tree has been taken down. The Restorium now has approximately 27 or 28 residents. Ms. Lane said there have been quite a few inquiries and there are two more residents coming so that puts the number of residents at 29 or 30. Chairman Dinning asked Ms. Magee to review the Restorium budget as it relates to potential room rate increases.

11:42 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a to consider hiring a public officer, employee, staff member or individual agent. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 11:47 a.m. No action was taken.

Ms. Magee spoke of needing to look at new fencing for the Restorium.

The meeting with Ms. Magee and Ms. Lane ended at 11:51 a.m.

11:53 a.m., Commissioners received a telephone call from the Idaho Department of Environmental Quality (IDEQ) Water Quality Engineer Chris Westerman to discuss the regional sewer feasibility study/wastewater grant. The county had received a grant amendment and received more grant money for planning of the sewer study. There is a residual of $14,614.00 left and Mr. Westerman said he will send over the previous outlay report as a reference and the county will fill it out and update it with whatever invoices are left that IDEQ can reimburse the county for. Mr. Westerman said the invoices will need to be over that residual amount and he explained what needs to be completed on the form. There are funds due to the county from the City of Moyie Springs, but the county probably won’t get that unless the City of Moyie Springs can get funding through other program sources. IDEQ can reimburse 50% up to a certain dollar amount, $65,000.00, and IDEQ went above that.

The call to Mr. Westerman ended at noon.

12:10 p.m., There being no further business, the meeting recessed until Thursday, May 19, 2022 at 9:00 a.m.

***Thursday, May 19, 2022, at 9:00 a.m., Commissioners met in special session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The purpose of the meeting was to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent.

9:00 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent. 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 10:30 a.m. No action was taken.

Commissioners recessed until their meeting at 1:30 p.m.

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 Application #22-0060. This is an application for a short plat – rural subdivision requested by applicants Mark & Loralee Carey and Sam and Marley Carey.

Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Contract Administrator Clare Marley, Planner Tessa Vogel, Applicant Mark Carey, Kenny Corsi and Dick Staples with JRS Surveying. The hearing was recorded.

Chairman Dinning reviewed the public hearing procedures. No member cited a conflict of interest.

Commissioners asked for a staff report. Ms. Vogel said the application is for a preliminary plat approval for Chisholm Heights, a 3-lot rural subdivision on a 31.2-acre parcel in the agriculture/forestry zone, which has a density of 10-acres. This is on New Chisholm Way located off Farm to Market Road. An aerial map of the proposed subdivision was shown. The access road is private, but Farm to Market Road is public. Surrounding properties are also agriculture/forestry. Notice of the application was sent to various agencies and the Assessor’s Office Mapper and Panhandle Health District provided comments. The application was also routed for public comment, but no written comments were received.

Ms. Vogel referenced providing a staff analysis, draft findings and conclusions for Commissioners to discuss as well as conditions for approval for discussion and adoption. Ms. Marley referenced a prior application for Roosevelt place as it pertains to private road details. Chairman Dinning said the county’s ordinance does not mandate a width for private roads. Ms. Marley said the access easement is 10-feet so it’s felt there should be a two-lane passing road within the plat. It also needs to be identified on the plat if there is no water or sewer.

Mr. Carey gave an opening statement and he clarified for Commissioners that the road is 15-feet wide now and he added that the property has already been surveyed and the road can be increased to 20-feet without problems. It was said the application meets other standards set forth.

Commissioner Bertling asked about water services and Mr. Carey said the properties will be serviced by wells.

Commissioners opened the hearing to public testimony and no testimony was given. The applicant did not wish to give a closing statement. Commissioner Cossairt and Commissioner Bertling had no problems with the application.
Commissioner Cossairt moved to approve the preliminary plat for Chisholm Heights Subdivision, a rural subdivision of a 31.2-acre parcel to create three, 10-acre lots, Planning and Zoning File #22-0060, 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 Land Use Ordinance, based upon the findings and conclusions in the staff report as written or amended. This action does not result in a taking of private property. To also approve draft findings and conclusions 1 through 8 and draft conditions of approval 1 through 7. Commissioner Bertling second. Motion passed unanimously.

The public hearing for Planning and Zoning File #22-0060 ended at 1:43 p.m.

Commissioners tended to administrative duties until the next hearing.

2:00 p.m., Commissioners held a public hearing to consider Planning and Zoning File #22-0097 for applicant Trevor Schneider. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Contract Administrator Clare Marley, Planner Tessa Vogel, Applicant Trevor Schneider, Darlene Schneider, Dick Staples with JRS Surveying, Kenny Corsi, Jeremy Davy with Cabinet Mountains Water District, and Allison Halliday. The hearing was recorded.

Chairman Dinning stated for the record that the public hearing procedures to follow were posted on the screen. Commissioners opened the hearing to consider Planning and Zoning File #22-0097.

Chairman Dinning stated for the record that he had used the Schneiders in his real estate dealings, but that had no effect on this hearing.

Ms. Vogel provided a staff report. The applicant is requesting a preliminary plat approval for Whitetail Point Subdivision, a 9-lot rural subdivision, on 46.03-acres in the residential zone, which has a density of five acres. The proposed lots range in size from five acres to 5.74 acres. The property is located off of Paradise Valley Road. Ms. Vogel showed an aerial view of the property. A copy of the preliminary plat shows the proposed road through the property to provide access to the lots. Ms. Vogel said the application was routed for agency comments. The county’s mapper had a question regarding public/community services being shown on the plat. Panhandle Health District provided comment that they didn’t have information on the parcel. Road and Bridge said the permit number for where the new approach is and the new private road name of Whitetail Lane have been approved. Ms. Vogel said she didn’t receive any public comments until the very end and one neighbor had expressed concerns about access to the subdivision coming in from their parcel. Whitetail Lane will come off of Paradise Valley Road instead of the neighboring property. Ms. Vogel explained that the subject parcel was not eligible for a primitive or simple subdivision due to the 20-acre clause. The level of services, or lack thereof, needs to be shown on the final plat and the location and nature of the instrument numbers need to be provided for the private road. It was said that Road and Bridge had commented that the road standards have been met. Ms. Vogel said she will need written approval of the Pacific Gas Transmission (PGT) pipeline crossing.

Number 8 of the draft conditions of approval was referenced, which states the approach is to serve the subdivision and it shall be installed in accord with Boundary County Road Standard and that the private road serving the interior lots of the subdivision shall be roughed in with the establishment of road width and fire turn arounds, prior to final plat. Ms. Marley explained that this is a private road and it does not need to meet public road standards. Mr. Staples referenced the letter received about the access located at the northwest corner of the property. There is an existing easement granted to this property, however Mr. Schneider will develop the main road to these lots. Mr. Staples said he doesn’t think it’s a problem and everyone will use the mrain road, but the easement does exist. Commissioner Bertling asked how big the cul-de-sac is. Mr. Staples said it looks to be at least 80 feet or more.

Commissioners opened the hearing to public testimony.

Speaking in favor was Kenny Corsi, 1616 Paradise Valley Road. Mr. Corsi said he had a few concerns regarding the approach into the subdivision and he asked how wide it is and if there is a back slope. Chairman Dinning said whatever the Road and Bridge standards are is what has to be met. Mr. Corsi asked if dust abatement is going to be provided and if that is per Road and Bridge standards. Chairman Dinning said to his knowledge there are no standards for dust abatement. Mr. Corsi questioned if there has been in impact statement done for Paradise Valley Road as it is a narrow road and he asked about a traffic count and flagging.

No one from the public spoke uncommitted and or in opposition to the application.

Commissioners asked the applicant to make a closing statement. Mr. Schneider said for dust abatement, he is planning on having Wink Inc. come in to build a good gravel road and he spoke of collecting fees for annual dust abatement. Mr. Schneider said he does have to abide by the down slope and width for the approach. Mr. Staples said the line of sight has to be approved by Road and Bridge and that has been approved. Mr. Schneider said there is an easement still going in and it’s being shown on the survey along that neighboring property, but it’s not the access for the subdivision. The easement is still in place and Mr. Schneider does not plan on abandoning it.

It was said that water will be provided by wells.

The hearing was closed to additional testimony. Commissioner Cossairt and Commissioner Bertling said they were in favor of the application.

Chairman Dinning said he does appreciate Mr. Corsi’s comment about studies being done for the road as the county grows.

Commissioner Bertling moved to approve the preliminary plat for Whitetail Point Subdivision, a rural subdivision of a 46.3-acre parcel to create nine, ±5-acre lots, Planning and Zoning File #22-0097, 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 Land Use Ordinance, based upon the findings and conclusions in the staff report as written or amended. This action does not result in a taking of private property. To also approve draft findings and conclusions 1 through 10 and draft conditions of approval 1 through 6, the second sentence of 8 and including 9. Commissioner Cossairt second. Motion passed unanimously.

The public hearing to consider Planning and Zoning File #22-0097 ended at 2:25 p.m.

There being no further business, the meetings adjourned at 2:25 p.m.

___________________________
DAN R. DINNING, Chairman

Attest:

_______________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk

Date: 
Thursday, June 2, 2022 - 16:30
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