***Monday, December 9, 2024 Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson and Deputy Clerk Stephanie Sims.
Commissioners said the Pledge of Allegiance.
8:57 a.m. Pam Barton, Alisa Walker and Bill Wilson entered the meeting.
Commissioner Robertson 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 Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 10:10 a.m. and Pam Barton, and Alisa Walker left the meeting. No action was taken.
Civil Attorney Bill Wilson updated the Commissioners on the status of the Riverside Road project.
The meeting with Bill Wilson ended at 10:10 a.m. and he left the meeting.
Commissioner Robertson moved to sign the Commissioner Meeting Minutes from the week of 11/2/2024. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Robertson moved to adopt resolution 2025-8 to reappoint Wade Purdom to the Boundary County Planning & Zoning Commission. Commissioner Cossairt second. Motion passed unanimously.
Boundary County, Idaho Resolution 2025- 8
A RESOLUTION OF BOUNDARY COUNTY, IDAHO BOARD OF COUNTY COMMISSIONERS
REAPPOINTMENT OF WADE PURDOM
TO THE BOUNDARY COUNTY PLANNING AND ZONING COMMISSION
WHEREAS, Idaho Code §67-6504(a) and Boundary County Land Use Ordinance 9B18LOV2 Section 3.6.3 provide the authority for the appointment and reappointment of members to the Boundary County Planning and Zoning Commission; and
WHEREAS, a vacancy will exist on the Boundary County Planning and Zoning Commission with the expiration of the term for Wade Purdom on January 1, 2025; and
WHEREAS, Idaho Code §67-6504(a) provides the authority for the Chairman of the Board of Commissioners to appoint members to the Planning and Zoning Commission, subject to confirmation by majority vote of the Boundary County Board of Commissioners; and
WHEREAS, following its November 21, 2024, regular meeting, the Boundary County Planning and Zoning Commission unanimously recommended to the Board of County Commissioners the reappointment of Wade Purdom to the Planning and Zoning Commission.
WHEREAS, Wade Purdom meets the eligibility requirements of Idaho Code and Boundary County land use codes to serve; and
WHEREAS, Wade Purdom will have served more than two full terms with the Planning and Zoning Commission with this appointment, and Idaho Code §67-6504(a) requires that no person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the governing board adopted by motion and recorded in the minutes; and
WHEREAS, the Board of County Commissioners confirms the Chairman’s reappointment of Wade Purdom to serve an additional four-year term on the Planning and Zoning Commission and concurs with the reappointment to serve more than two (2) full consecutive terms.
NOW, THEREFORE, BE IT RESOLVED by the members of the Board of County Commissioners of the County of Boundary, Idaho, that Wade Purdom be reappointed to a four-year term on the Boundary County Planning and Zoning Commission beginning January 1, 2025, and ending January 1, 2029.
This resolution shall be in full force from the date of its adoption.
Upon a motion to adopt the text of the foregoing Resolution made by Commissioner Robertson and seconded by Commissioner Cossairt, the foregoing was duly enacted as a Resolution of the Board of County Commissioners of Boundary County, Idaho, on the 9th day of December, 2024.
BOUNDARY COUNTY BOARD OF COMMISSIONERS’ VOTE TO APPOINT:
Tim Bertling, Chairman “aye”
Wally Cossairt, Commissioner “aye”
Ben Robertson, Commissioner “aye”
BOUNDARY COUNTY BOARD OF COMMISSIONERS
s/
Tim Bertling, Chairman
s/
Wally Cossairt, Commissioner
s/_
Ben Robertson, Commissioner
ATTEST:
s/________________________________ 12/9/2024
Glenda Poston Date
Boundary County Clerk/Auditor/Recorder
Recorded Instrument #298770
Commissioner Robertson moved to adopt resolution 2025-9 to reappoint Adam Isaac to the Boundary County Planning & Zoning Commission. Commissioner Cossairt second. Motion passed unanimously.
Boundary County, Idaho Resolution 2025- 9
A RESOLUTION OF BOUNDARY COUNTY, IDAHO BOARD OF COUNTY COMMISSIONERS
REAPPOINTMENT OF ADAM ISAAC
TO THE BOUNDARY COUNTY PLANNING AND ZONING COMMISSION
WHEREAS, Idaho Code §67-6504(a) and Boundary County Land Use Ordinance 9B18LOV2 Section 3.6.3 provide the authority for the appointment and reappointment of members to the Boundary County Planning and Zoning Commission; and
WHEREAS, a vacancy will exist on the Boundary County Planning and Zoning Commission with the expiration of the term for Adam Isaac on January 1, 2025; and
WHEREAS, Idaho Code §67-6504(a) provides the authority for the Chairman of the Board of Commissioners to appoint members to the Planning and Zoning Commission, subject to confirmation by majority vote of the Boundary County Board of Commissioners; and
WHEREAS, following its November 21, 2024, regular meeting, the Boundary County Planning and Zoning Commission unanimously recommended to the Board of County Commissioners the reappointment of Adam Isaac to the Planning and Zoning Commission.
WHEREAS, Adam Isaac meets the eligibility requirements of Idaho Code and Boundary County land use codes to serve; and
WHEREAS, Adam Isaac will have served more than two full terms with the Planning and Zoning Commission with this appointment, and Idaho Code §67-6504(a) requires that no person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the governing board adopted by motion and recorded in the minutes; and
WHEREAS, the Board of County Commissioners confirms the Chairman’s reappointment of Adam Isaac to serve an additional four-year term on the Planning and Zoning Commission and concurs with the reappointment to serve more than two (2) full consecutive terms.
NOW, THEREFORE, BE IT RESOLVED by the members of the Board of County Commissioners of the County of Boundary, Idaho, that Adam Isaac be reappointed to a four-year term on the Boundary County Planning and Zoning Commission beginning January 1, 2025, and ending January 1, 2029.
This resolution shall be in full force from the date of its adoption.
Upon a motion to adopt the text of the foregoing Resolution made by Commissioner Robertson and seconded by Commissioner Cossairt, the foregoing was duly enacted as a Resolution of the Board of County Commissioners of Boundary County, Idaho, on the 9th day of December, 2024.
BOUNDARY COUNTY BOARD OF COMMISSIONERS’ VOTE TO APPOINT:
Tim Bertling, Chairman “aye”
Wally Cossairt, Commissioner “aye”
Ben Robertson, Commissioner “aye”
BOUNDARY COUNTY BOARD OF COMMISSIONERS
s/
Tim Bertling, Chairman
s/
Wally Cossairt, Commissioner
s/_
Ben Robertson, Commissioner
ATTEST:
s/____________________________ 12/9/2024
Glenda Poston Date
Boundary County Clerk/Auditor/Recorder
Recorded Instrument #298771
Commissioner Cossairt moved to reappoint Tim Dillon to the Weed Advisory Board. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Independent Contractor Agreement with Pinkerton Resources LLC to remove trees at the landfill. Commissioner Robertson second. Motion passed unanimously. Commissioner Bertling stated that this was the only individual that would discuss the job due to size and type of trees to be removed.
Commissioner Cossairt moved to sign Request for Retention of County Vessel Funds. Commissioner Robertson second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 93,774.17
Road & Bridge 178,281.63
Airport 4,597.86
District Court 7,603.04
Justice Fund 55,617.40
911 Funds 7,824.89
Parks and Recreation 6,058.61
Revaluation 1,770.25
Solid Waste 19,615.78
Tort 333.10
Veterans Memorial 86.06
Weeds 81.74
Restorium 17,351.96
Snowmobile 5,054.89
Waterways 211.35
Grant, Selkirk Coop Weed Mgmt 1,931.86
Juvenile Probation – Lottery 93.00
Grants, Fire Mitigation 30,604.70
LATCF 8,483.62
TOTAL $439,375.91
Trusts
Auditor’s Trust 18.24
Boundary Co. Drug Court Trusts 318.75
Driver’s License Trust 10,124.50
Motor Vehicle Trust Acct 337,624.15
Sherriff’s Trust Fund 631.30
Sherriff’s Special Projects 917.50
Odyssey Court Trust Account 21,387.25
TOTAL $371,021.69
GRAND TOTAL $810,397.60
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2024-2025).
10:00 a.m., Commissioners held proceedings to consider renewing Boundary County Alcoholic Beverage Licenses for year 2025. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Stephanie Sims. The proceedings were recorded.
Chairman Bertling yielded the chair to move to approve the County Alcohol Beverage License Applications for year 2025 for the 31 establishments presented in “Exhibit A” pending receipt of all required documentation and applicable fees. “Exhibit A” will be attached to the official Commissioner meeting minutes. Commissioner Robertson second. Motion passed unanimously.
The meeting to consider beverage licenses ended at 10:03 a.m. and Commissioners signed the documents presented for each business.
The executive session scheduled for 10:30 a.m. was cancelled and Commissioners attended to administrative duties.
Under Sheriff Rich Stevens entered the meeting at 10:58 a.m. and presented the Commissioners with a letter concerning several employees in the sheriff’s department that were requesting carryover of vacation hours.
Commissioner Cossairt moved to approve the request to extend vacation hours per the letter. Commissioner Robertson second. Motion passed unanimously.
Road and Bridge Co-Superintendents Brad Barton and Adam Ryals joined the meeting at 1:26 p.m. to give their report which included discussion on salt brine, sanding, brushing rearranging of the shop and results of the traffic counter that had been placed on Mirror Lake Rd. Chairman Bertling asked about staging for gravel. Mr. Barton explained that they needed a closer area to eliminate trucking time. Commissioner Robertson stated that he will be attending the Fair Board and Parks & Rec meetings that evening and will discuss a location with them.
Glenda Poston entered the meeting at 1:35 p.m.
Mr. Barton requested an extension on a couple days of vacation that he is a having a hard time using because they have been shorthanded.
Commissioner Robertson moved to approve the extension. Commissioner Cossairt second. Motion passed unanimously.
Mr. Ryals stated that they have not received the MOA for Riverside 1B, so we will need to extend that to a future meeting.
Mr. Ryals presented the application and MOU for the Naples Bridge and discussed the elements included.
Commissioner Robertson moved to sign the Naples Bridge LILB (Leading Idaho Local Bridge) application. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Robertson moved to sign the MOU for Naples Bridge LILB application. Commissioner Cossairt second. Motion passed unanimously.
Commissioners then discussed the different aspects of the agreement with the USFS and decided to review the document further before proceeding.
The meeting ended with Mr. Ryals and Mr. Barton. Mr. Barton left the meeting at 1:57 p.m.
At 2:00 p.m. Commissioners held a public hearing for a private road name change from Spud Way to Mino Lane. Those in attendance were Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, Clerk Glenda Poston, Deputy Clerk Stephanie Sims, Addressing Debra Dreger, Road & Bridge Co-Superintendent Adam Ryals and a representative for the applicant, Mr. Moss. The hearing was recorded.
Chairman Bertling briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Ms. Dreger gave the staff report and stated that no public comments had been received. Chairman Bertling waived the public comment portion of the hearing because no public was in attendance. He then opened it to questions from the Commissioners.
Commissioner Robertson asked if there were any addresses on it currently. Mr. Moss responded no. Commissioner Robertson also asked how it was named incorrectly. Mr. Moss replied that is was done by the previous owner. Commissioner Cossairt asked if all of the lots are currently owned by the same person. Mr. Moss replied yes. Commissioners had no further questions. and Chairman Bertling closed the hearing.
Commissioner Cossairt moved to change the private road name from Spud Way to Mino Lane. Commissioner Robertson second. Motion passed unanimously.
The public hearing ended at 2:21 p.m. and Mr. Moss left the meeting.
Commissioners then visited with Ms. Dreger about the recent emails concerning an appeal request on a recent private road name change from Christmas to Chestnut. Ms. Dreger provided the background information and timeline to the Commissioners. Commissioners agreed to deny the appeal.
The meeting with Ms. Dreger ended at 2:28 and she and Mr. Ryals left the meeting.
Tim Gilloon, USFS Supervisor entered the meeting at 2:30 p.m. and gave the Commissioners an update regarding staffing changes and projects for the region. Mr. Gilloon left the meeting at 3:30 p.m.
Commissioner Cossairt moved to sign the Property Tax Recapture for Parcel Number RP00825000018BA in the amount of $1,603.58 due to an error. Commissioner Robertson second. Motion passed unanimously.
There being no further business, the meeting ended at 3:40 p.m.
Tuesday, December 10, 2024 Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson and Deputy Clerk Stephanie Sims.
At 9:00 a.m. Commissioners held a public hearing to gather public comment on a rate increase for Veterans Memorial Hall from $100 to $125. Those in attendance were Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, and Deputy Clerk Stephanie Sims. The hearing was recorded.
Chairman Bertling briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest. Chairman Bertling waived the public comment portion of the hearing because no public was in attendance. There were no questions from the Commissioners and no discussion. Chairman Bertling closed the public hearing.
Commissioner Cossairt moved to approve the rate increase for Veterans Memorial Hall. Commissioner Robertson second. Motion passed unanimously.
Commissioner Robertson moved to adopt Resolution 2025-10. Commissioner Cossairt second. Motion passed unanimously.
RESOLUTION 2025-10
A RESOLUTION INCREASING THE RENTAL FEE FOR USE OF VETERANS MEMORIAL HALL
WHEREAS, Boundary County’s rental fee for use of the Veterans Memorial Hall, which is $100.00, and
WHEREAS, the Boundary County Board of Commissioners did question whether the current rental fee for Veterans Memorial Hall was sufficient to cover costs associated with rental and maintenance of this facility, and
WHEREAS, the Boundary County Board of Commissioners did review the fee, and did determine that the current amount of $100.00 for Veterans Memorial Hall is less than the rent established for other facilities at the fairgrounds and in addition, the rent does not offset the costs and time it takes to clean and maintain Veterans Memorial Hall after its use, and
WHEREAS, the Boundary County Board of Commissioners , County of Boundary, State of Idaho, held a public hearing to receive public comment on a proposal to increase the rental fee over (5%),
NOW THEREFORE BE IT RESOLVED that rental fee for Veterans Memorial Hall will increase from $100.00 to $125.00
Passed and adopted this 10th day of December, 2024.
BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/__________________________________
Tim Bertling, Chairman
s/___________________________________
Wally Cossairt, Commissioner
s/___________________________________
Ben Robertson, Commissioner
Attest:
s/____________________________________
Glenda Poston, Clerk
Recorded Instrument #298772
At 9:30 a.m. Commissioners held a public hearing to gather public comment for an amended change to the Road Standards Ordinance. Those in attendance were Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, Deputy Clerk Stephanie Sims, Road and Bridge Co-Superintendents Adam Ryals and Brad Barton. The hearing was recorded.
Chairman Bertling briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest. Mr. Ryals read the staff report stating the number and sections that were included in the proposed change. Chairman Bertling waived the public comment portion of the hearing because no public was in attendance. There were no questions from the Commissioners and no discussion. Chairman Bertling closed the public hearing.
Commissioner Robertson moved to adopt Ordinance 2025-1. Commissioner Cossairt second. Motion passed unanimously.
ORDINANCE NO. 2025-1
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, AMENDING ORDINANCE 2020-2 TO PROVIDE FOR AUTHORITY OVER ACCESS POINTS ON PUBLIC HIGHWAYS, AND AMENDING THE APPLICABILTY OF VARIANCE CRITERIA.
WHEREAS, Title 40, Chapter 6, Idaho Code, vests the Board of County Commissioners of Boundary County with authority to develop rules and standards governing roads and rights-of-way under their jurisdiction, and
WHEREAS, the Board of County Commissioners has previously adopted rules and standards for the regulation of public roads and rights-of-way within its jurisdiction via Ordinance 2020-2, and
WHEREAS, the Board of County Commissioners now seeks to amend those rules and standards to provide the Boundary County Road and Bridge Department additional authority over access points onto publicly owned roads and to clarify the applicability of variance standards to certain access points; and
WHEREAS, the Board of County Commissioners did hold a public hearing on this matter on December 10, 2024;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BOUNDARY COUNTY, IDAHO, that the following be and is hereby adopted as an ordinance of Boundary County amending Ordinance 2020-2 as follows:
3.2 GENERAL
A. Access to State Highways is regulated by the Idaho Transportation Department (ITD). The property owner is responsible to coordinate with ITD for satisfactory completion of any requirements.
B. Boundary County reserves the right to restrict access onto County roads. In new subdivisions, the developer may be required to provide joint access to lots with frontage of less than 300 feet. Corner lots will be required to access on the roadway with the lowest classification and as close as practicable to the property line most distant from the intersection. All construction of accesses shall conform with the standards with this Section and with the terms of the permit issued.
C. Accesses shall be designed so that backing maneuvers from or onto a public road will not occur
D. A traffic impact study may be required for multi-family residences, commercial or industrial accesses. The costs of the study shall be the responsibility of the applicant.
E. Boundary County retains the right to review safety issues and concerns on all public roads under its jurisdiction.
3.3 STANDARDS
That portion of any new access with a County right-of-way or entering onto county-maintained roadways shall comply with the following standards:
A. The location, design and configuration of the access shall conform to the specifications and dimensions shown on Figures 3.1-3.3.
B. Whenever possible, no new access on collectors or arterial roads shall be located within 330 feet of an existing access, or the intersection of two public rights-of-way. Whenever possible, access on local roads shall not be located within 200 feet from an existing access or the intersection of two public rights-of way. Locate accesses directly across from existing accesses whenever possible.
C. New accesses shall intersect the roadway at an angle between 80 and 90 degrees, and as close to 90 degrees as possible.
D. Proper precautions shall be taken to provide and maintain adequate drainage of County roads. Any interference to drainage to the County road caused by applicant or his agents will be corrected by Boundary County at the expense of the applicant or permittee. Culverts under new accesses and located within a County right-of-way shall have a minimum diameter of twelve (12) inches and shall be galvanized metal. Culverts shall be located and sized so as to form a continuation of the existing roadside drainage system and shall extend beyond the toe of any fill placed in association with the access. An engineering study may be required to size the culvert at the discretion of the Boundary County Road and Bridge Department. The cost of the study shall be at the expense of the applicant.
E. Reasonable effort shall be made to ensure all new approaches slope downward from the roadway. On a new driveway approach, the slope of the driveway from the shoulder of the County road shall be no greater than four percent (4%) negative grade and no less than two percent (2%) negative grade for a minimum distance of 15 feet from the County road shoulder. On a new road approach, the slope of the roadway from the County road shall be no greater than four percent (4%) negative and two percent (2%) negative grade for a minimum distance of 50 feet from the existing edge of the County road pavement. The approach shall be designed as to prevent surface water runoff from reaching the County roadway.
F. Wherever possible the sight distance for new approaches entering arterial, collector or local access roads shall be a minimum of three hundred (300) feet and a minimum sight triangle of forty (40) feet. Permittee shall be required to perform the necessary brush removal to meet and maintain sight distance requirements. See Figure 3.4 for clarification. Sight Distance may be based on the AASHTO (American Association of Highway and Transportation Officials) “Policy on Geometric Design of Highways and Streets”
G. During construction of approaches, such barricades, signs, and other traffic control devices shall be erected and maintained in conformance with the latest edition of the Manual on Uniform Traffic Control Devices and in accordance with the approved traffic control plan.
H. The provisions of this Manual shall not affect accesses or approaches in existence on or before January 23, 2007, but any alteration of such accesses shall conform fully with the provisions established herein. The provisions established herein shall likewise not necessarily preclude establishing a new access or approach to any lot or parcel lawfully created before January 23, 2007. Such new approaches will be examined by Road and Bridge on a case-by-case basis, and variances from the strict standards herein may be granted when doing so does not create hazard.
I. The applicant may challenge the decisions of the Boundary County Road and Bridge Department by hiring a licensed professional engineer to complete a sight stopping distance and safety study for the proposed location and make recommendations to the Boundary County Road and Bridge Department, who may accept or reject the recommendations for decreased sight distance requirements.
6.2 APPLICABILITY
A variance is a request for modification of any provision of the current Boundary County Road Standards Ordinance. A Variance may be granted only upon a showing of undue hardship because of characteristics of the site and when not in conflict with the public interest or safety. The hardship cannot be created by the actions of the landowner(s). When considering the public interest, the Board shall review the standards set for in 6.4.4.
END
The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this Ordinance be declared invalid by a Court or competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
The provisions of this Ordinance shall be in full force and effect thirty (30) days following its passage and publication in a newspaper of general circulation.
APPROVED AND ADOPTED this 10th Day of December, 2024.
BOARD OF BOUNDARY COUNTY
COMMISSIONERS
s/_____________________________
Tim Bertling
s/_____________________________
Wally Cossairt
s/_____________________________
Ben Robertson
ATTEST:
s/_________________________________________
Glenda Poston, Clerk
Recording Instrument #298767
At 10:00 a.m. Commissioners held a public hearing to gather public comment for an amended change to Ordinance 2019-2, Real Property Permitted Uses. Those in attendance were Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, Deputy Clerk Stephanie Sims, and chair of the Waterways Board Darron Branson. The hearing was recorded.
Chairman Bertling briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest. Mr. Branson gave a brief report from the Waterways Board in support of the proposed change. Chairman Bertling waived the public comment portion of the hearing because no public was in attendance. There were no questions from the Commissioners. In discussion Mr. Branson pointed out that Porthill boat launch was missing from the list of locations. Commissioner Robertson also wanted to strike 4.6 from the proposed Ordinance. Chairman Bertling closed the public hearing.
Commissioner Robertson moved to adopt Ordinance 2025-2 with the two changes that were discussed. Chairman Bertling yielded the chair to second. Motion passed unanimously.
BOUNDARY COUNTY, IDAHO
Ordinance No: 2025-2
Boundary County Real Property Permitted Uses
WHEREAS, Boundary County is a political subdivision of the State of Idaho;
WHEREAS, the Board of County Commissioners has the authority to act on behalf of the Boundary County; and
WHEREAS, the Board of County Commissioners has the authority to care for and regulate uses on real property owned by Boundary County; and
WHEREAS, Boundary County is the owner of certain real properties that are used by the public, including the Boundary County Fairgrounds and Park, Deep Creek Boat Launch, Rocky Point Boat Launch, Copeland Boat Launch, Porthill Boat Launch and Riverside Park; and
WHEREAS, Boundary County previously adopts rules and regulations for the management of the aforementioned properties via Ordinance 2019-2; and
WHEREAS, Boundary County now to seeks to amend Ordinance 2019-2 to include additional requirements for duration-of-stay and the posting of signage on the aforementioned properties; and
WHEREAS, after considering public comment, the Board of County Commissioners, County of Boundary, State of Idaho, find it in the public interest to adopt an Ordinance to regulate the use of the above-described properties owned by Boundary County;
NOW, THEREFORE BE IT ORDAINED by the Boundary County Board of Commissioners, Boundary County, Idaho that Ordinance 2019-2 be and is hereby AMENDED follows:
Section 1: Purpose
The purpose of this Ordinance is to regulate and provide penalties for violations of certain uses of Boundary County real property.
Section 2: Short Title
This Ordinance shall be known and may be cited as Boundary County Real Property Permitted Uses.
Section 3: Owner of Real Property
Boundary County is the owner of real property located in Boundary County, as follows: the Boundary County Fairgrounds and Park, Deep Creek Boat Launch, Rocky Point Boat Launch, Copeland Boat Launch, Porthill Boat Launch and Riverside Park.
Section 4:
4.1 It shall be unlawful for any person or persons to discharge any firearm on the above-described properties belonging to Boundary County. A firearm shall include but not be limited to a BB gun, Pellet Guns, and any caliber of rifle, handgun, shotgun, semi-automatic, or automatic firearm.
4.2 It shall be unlawful for any person or persons to camp on the above-described properties belonging to Boundary County for more than three consecutive nights. Nights spent at different locations shall be considered consecutive for purposes of this ordinance, and campers may not evade this limitation by moving between different campsites owned by Boundary County. Boundary County reserves the right to alter these requirements at particular locations as circumstances dictate. Such changes may be accomplished by resolution of the Board of County Commissioners. If a different requirement is adopted by the Board of County Commissioners, such requirement shall be in full force and effect only upon the posting of clear signage at the site in question which provides the public with notice of the requirements at that location.
4.3 It shall be unlawful for any person or persons who own or are caretaking an animal to leave the animal unattended on the above-described properties belonging to Boundary County. All animals shall be required to be on a leash. The owner or caretaker of the animal shall immediately clean up any animal defecation and dispose of it in a trash can.
4.4 It shall be unlawful for any person or persons to cause any loud or obnoxious noises from 8:00 PM to 8:00 AM every day on the above-described properties belonging to Boundary County. It shall be unlawful to run a generator for any purpose from 8:00 PM to 8:00 AM every day on the above-described properties belonging to Boundary County.
4.5. That any approved activity of Boundary County and/or Boundary County Parks and Recreation and/or Boundary County Fair Board, shall be excluded from provisions of this ordinance.
Section 5:
Section: Violations and Penalties:
The violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Three Hundred Dollars ($300.00), imprisonment in the Boundary County Jail for a period not to exceed six (6) months, or both fine and imprisonment.
Section 6: Severability:
If any of the provisions of this Ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable.
Section 7: Effective Date.
The immediate operations and enforcement of this Ordinance is necessary for the order and preservation of public health, public safety and general welfare. This Ordinance shall be in full force and effect from its passage by the Boundary County Board of Commissioners and publication and posting as required by law.
APPROVED AND ADOPTED this 10th Day of December, 2024.
BOARD OF BOUNDARY COUNTY
COMMISSIONERS
s/____________________________
Tim Bertling
s/_____________________________
Wally Cossairt
s/_____________________________
Ben Robertson
ATTEST:
s/_________________________________________
Glenda Poston, Boundary County Clerk
Recording Instrument #298768
At 10:30 a.m. Commissioners held a public hearing to gather public comment for an amended change to Ordinance 2012-3, Gas-Powered Engines on Robinson Lake. Those in attendance were Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, Deputy Clerk Stephanie Sims, and chair of the Waterways Board Darron Branson. The hearing was recorded.
Chairman Bertling briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Mr. Branson gave a brief report from the Waterways Board in support of the proposed change. He wanted to confirm that it will not remove the existing maintenance language. He also stated that this change should help combat the Water Shield weeds. Chairman Bertling waived the public comment portion of the hearing because no public was in attendance. There were no questions from the Commissioners. Commissioner Cossairt requested a sign be placed stating that it was a “no wake lake”. Mr. Branson replied yes. Chairman Bertling closed the public hearing.
Commissioner Robertson moved to adopt Ordinance 2025-3 to allow gas-powered engines not to exceed 15 horsepower on Robinson Lake. Commissioner Cossairt second. Motion passed unanimously.
ORDINANCE NO. 2024 -3
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, AMENDING ORDINANCE 2012-3 TO PROVIDE FOR THE USE OF GAS-POWERED ENGINES ON ROBINSON LAKE NOT TO EXCEED FIFTEEN HORSEPOWER; AND FOR SERVABILITY, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Boundary County, Idaho, has adopted boating standards and regulations identified in Boundary County Ordinance No. 2012-3 consistent with its powers established under Title 31 and Section 67-7031, Idaho Code, respectively; and
WHEREAS, the Board now seeks to amend those rules to allow the use of gas-powered engines on Robinson Lake, not to exceed fifteen (15) horsepower;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BOUNDARY COUNTY, IDAHO, as follows:
It shall be lawful to operate any watercraft or boat on Robinson Lake powered by an internal combustion engine so long as the internal combustion engine produces no more than fifteen (15) horsepower.
The operation of any watercraft or boat on Robinson Lake powered by an internal combustion engine producing greater than fifteen (15) horsepower shall be unlawful and shall constitute a misdemeanor offense punishable by imprisonment in the county jail for a period not exceeding six (6) months, a fine not to exceed five hundred dollars ($500), or both.
The provisions of this ordinance are hereby declared to be individually severable. This ordinance supersedes any previous, conflicting ordinances or resolutions, and shall be in full force and effect upon its passage and publication as set forth in Idaho Code § 31-715.
APPROVED AND ADOPTED this December 10, 2024.
BOARD OF BOUNDARY COUNTY
COMMISSIONERS
s/_____________________________
Tim Bertling
s/_____________________________
Wally Cossairt
s/_____________________________
Ben Robertson
ATTEST:
s/_________________________________________
Glenda Poston, Clerk
Recording Instrument #298769
Commissioners recessed the meeting at 10:45 a.m.
At 2:00 p.m. Commissioners held a public hearing to gather public comment for FILE #25-0012, AGRICULTURAL PROTECTION AREA ORDINANCE. Those in attendance were Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, Deputy Clerk Stephanie Sims, Planning & Zoning Administrator Ben Jones, Planning & Zoning Tess Vogel, Planning & Zoning Clare Marley, and Bonners Ferry Herald Reporter Ned Newton. The hearing was recorded.
Chairman Bertling briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest. Clare Marley gave the staff report. Ms. Marley reiterated that Boundary County is initiating an ordinance, as required by the State of Idaho, to establish a process, application requirements, and standards, to provide a voluntary opportunity for landowners to protect and enhance the economic and cultural benefits of working lands.
Chairman Bertling waived the public comment portion of the hearing because no public was in attendance. Commissioner Cossairt asked what happens if you change your mind and want the land removed from the protected status. Ms. Marley replied that hardship would then need to factor in. Commissioner Robertson stated that he would like to see Section 3 state that the commission would have 5 members with staggering terms. Introductory year 2 members will have 4 year terms and 3 members will be 6 year terms. Thereafter the term is 6 years.
Chairman Bertling closed the public hearing.
Commissioner Robertson moved to proceed with the Agriculture Protection Ordinance with the proposed changes to section 3. Commissioner Cossairt second. Motion passed unanimously.
At 2:30 p.m. Commissioners held a public hearing to gather public comment for FILE #24-0119, COMPREHENSIVE PLAN MAP AMENDMENT & ZONE CHANGE, JOHN & PAMELA MARTLING. Those in attendance were Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, Deputy Clerk Stephanie Sims, Planning & Zoning Administrator Ben Jones, Planning & Zoning Tess Vogel, Planning & Zoning Clare Marley, Bonners Ferry Herald Reporter Ned Newton, applicant John Martling and attorney for the applicant Tom Bushnell. The hearing was recorded.
Chairman Bertling briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest. Tess Vogel gave the staff report. Ms. Vogel stated that John & Pamela Martling are requesting a comprehensive plan map amendment and zone change from Agriculture/Forestry to Rural Community/Commercial on a 10-acre parcel and a 46.16-acre parcel, located off Living Stone Lane and Glory Road. Ms. Vogel stated that the P&Z Board recommended approving the application with a 6 to 1 vote. She presented the history and violations and stated that to correct the issue this is the first of two required steps.
Commissioner Robertson asked if the zone change is approved, would the next step be a Conditional Use Permit. Ms. Vogel stated that is correct.
Mr. Bushnell presented the applicant’s report.
Commissioners had no questions for the applicant. No one from the public spoke in favor, neutral or against the application. There were no clarifying questions. Chairman Bertling closed the public hearing and called for deliberation.
Commissioner Robertson stated that it doesn’t matter about the lines or that they are 100 feet apart, it is a fitting location to do something like this.
Commissioner Cossairt moved to approve the request to change the comprehensive plan map and zone change for File #24-0119. Commissioner Robertson clarified that they cannot put the 5th trailer into use without a CUP. Ms. Vogel replied that is correct. Commissioner Robertson second. Motion passed unanimously.
There being no further business, the meeting ended at 3:00 p.m.
Wednesday, December 11, 2024 Commissioners held a special meeting for the purpose of the continuation of Planning and Zoning appeal hearing regarding P&Z File #24-0076, Maverick LLC.
Present Were: Chairman Bertling, Commissioner Cossairt, Commissioner Robertson, Deputy Clerk Stephanie Sims, Planning and Zoning Administrator Ben Jones, Civil Attorney Bill Wilson, Clare Marley and Tess Vogel with Planning, Kelli Martin applicant, Oksana Steinborn, Tim Love, Darius Ruen, Ron Self, David Dewberry applicant, Tatiana Dewberry, Gerald Higgs, Nelson Mast owner of Panhandle Door, Walter Rogers, Nicholas Dominguez, Jean Helmuth, Brian Fife, Leslie Fife, Lisa Aguilera, Rob Tompkins, Jess Hampton, Ken Byler, Caleb Davis, Michelle Brinley, Brian Brinley, Jen Krezman, Sheleah Bushnell, Dennis Weed, Niel Potts, Carly Haworth, Jacob Hampton, Thaddeus Powers, Andrew O’Neel, Ned Newton reporter for Bonners Ferry Herald, Terry Johnson, Jay Miller, Isaac G., L. Pinkerton, Don Jordan applicant, Kathy Konek applicant, Shawn Sweetapple DEQ, Brian Miller, Clarice McKenney, Mike Mason, Barb Rogers, David Sims, Barb Awbrey, Annie Swift, Terry Swift, Leah Vanray, Aaron Miller, Justin Gilbert, Devyn Rogers, Emma Dominguez, John Poland, Nick Hinton, Vern Helmuth, Ryan Schlabach, Lester Martin, Montana Martin and Leroy Yoder.
Chairman Bertling reopened the public hearing at 6:30 p.m. to consider the response to their request for additional information on the filing. The items to be discussed are 1. Clarification on ventilation hazards; 2. Tests for air quality; 3. Clarifications from ITD on access.
Chairman Bertling called for disclosures and conflicts. Chairman Bertling disclosed that the board had a brief interaction with David Dewberry at a KVRI meeting. Mr. Dewberry was on zoom and tried to discuss the situation. Chairman Bertling told him it was not the correct platform. Commissioner Cossairt disclosed that he was also at that same KVRI meeting, he also saw Mr. Jordan at ProX where they discussed length of boards. Commissioner Cossairt also stated that a community member approached him when he saw another backhoe at the Panhandle Door’s property with concerns about them building another building. Commissioner Cossairt told them they were working on the septic. Commissioner Robertson disclosed that he was also at the same KVRI meeting and he also stated that after the last meeting, he stepped off the stage to ask DEQ if they could administer the tests and they did not reply.
Clare Marley covered the procedures for the hearing. She explained that the focus of the proceedings would be only on the three items that the Commissioners requested more information on.
Tess Vogel briefly reviewed the CUP application and gave the staff’s report regarding the three items. Ms. Vogel stated that in regards to ventilation hazards we did receive a response from the applicant, but DEQ did not provide a response specifically on ventilation.
Ms. Marley then further explained in the staff’s report that they learned that DEQ does not do testing themselves and that the county would need to seek a third party to provide the testing. There are also no specific standard for this size of operation. DEQ could not fund this type of testing, it would be the County or applicant’s responsibility. The County would consider the testing, but the applicant wanted standards first to be set so he knew what was required of him. Therefore, the testing could not be completed because no standard exists. Ms. Marley then contacted DEQ to see if modeling could be provided and DEQ will be asked to comment during the neutral portion so the Commissioners can ask questions. State toxicologist added that they had no additional information to provide.
Ms. Vogel stated that the applicant has been working with ITD and hired an engineer. She stated that she confirmed an application has been submitted and they are now waiting for the engineering firm to submit their plan. Ms. Vogel also presented information from the applicant. She stated that written letters from the appellants were provided to the Commissioners. She also reviewed the presentation highlighting what had changed or updated since the previous hearing.
Ms. Vogel reviewed the Commissioners options to uphold, deny, modify, table or continue for more information and the worksheet that includes the standards for the CUP to assist them in their deliberation.
Commissioners had no questions. Chairman Bertling opened the hearing to appellant statements.
Don Jordan stated that he had sent an email earlier, but will address any questions that the Commissioners may have. Mr. Jordan stated that he recently walked the property and was shocked that there were no trees when it used to be a thick forest. He feels it looks suspicious because of the placement and believes the trees died in the last 5-10 years. Mr. Jordan also stated that he would like to see Boundary County collect data and be a part of the process. He feels the county is setting themselves up for future issues. Regulations are not the problem, lack of management is the problem. We need to do what we can to encourage small business, but we need to also be able to manage the CUP.
David Dewberry wanted it put on record that DEQ had conflicts within their report and that OSHA should be called. There is no evidence to show the air quality is safe. He presented exhibit A for the Commissioners. There was a brief pause for the Commissioners to review the exhibit.
Kelli Martin stated that DEQ is here to give PDI a clean bill of health. She states that the head of DEQ told her that you need a third test to get a permit and no test exists in PDI’s file.
Commissioner Robertson asked what she is referencing to with third. Ms. Martin stated that if someone gets a permit, you are to get third party testing. The head of DEQ stated that there is no third party testing in the file.
Nelson Mast stated he did not have much to add in regards to the clarification on ventilation standards. If DEQ and EPA doesn’t have precedents then he doesn’t know who does. He also wanted it on record that he did not decline testing, he first wanted to know what the standard was that they would be testing for. Mr. Mast stated that he has done similar air quality testing as Ms. Martin and their readings show good. Mr. Mast also stated that he is at 62% of what his permit allows. As for access, Mr. Mast stated that he has applied for a permit, engineers have been out and done a survey. They are now waiting on the design.
Commissioner Bertling asked if the air quality testing was done during operation. Mr. Mast responded yes. We were concerned and we want to be in compliance. So yes, we tested a dozen times during operation.
Commissioner Robertson asked why not allow a third party. Mr. Mast responded that he would allow a third party, but I want to know what are the standards before we do. I am not apposed to testing, I just want to know what we are testing for.
Chairman Bertling called for those who wish to testify in favor of the appeal.
Tim Love asked where have the last statements about code been for the last 5.5 years. DEQ is in the business to help PDI not the people who live around it. Where are the property rights in this matter. Mr. Love is happy to hear they are in compliance now. But that does not negate the damage they have done.
John Poland stated that they have raised a concern about issues which has caused him to be concerned. He stated that it doesn’t matter if DEQ doesn’t have a way to measure it, until you have information to show what is going on, you can’t approve.
Emma Dominguez stated the issues have not changed, we have had to make changes to our lives to minimize them. The stacks just went up, why were they not put up prior to this. Ms. Dominquez also stated that Maverick Lane is still in use and employees are not required to wear respirators.
Nicholas Dominguez stated that Mast could have been a good neighbor, but he hasn’t. You can deny and help us out, but we are okay if you approve it to.
Chairman Bertling called for those who wish to testify as neutral.
Shawn Sweetapple with DEQ stated that he recently submitted a report which included generic modeling and he went over the summary of the report. He pointed out that the modeling is above and beyond what is required for a facility of this size because of their low emission levels that are set by the EPA. He also wanted to address odor that has been mentioned several times. Odor is not representative of health impacts. You will notice odors far before there are health impacts. He also stated that the chemical that was used in the modeling is their cleaning solvent which is not sprayed. This chemical was used because it would provide the worst-case scenario. The conclusion was that the stacks reduced it by a third at Ms. Martin’s home and the concentrations at the residence are a fourth of the acceptable levels. Mr. Sweetapple also discussed a visit to the Panhandle Door property and a violation that has resulted in a fine and a requirement that PDI needs to get a new operating permit from DEQ. There was a misunderstanding and Mr. Mast did not include everything that was happening at the property. Mr. Sweetapple stated that he didn’t think the changes would amount to any significant change in the permit.
Commissioner Robertson asked how often does the model reflect the reality. Mr. Sweetapple answered that the model was based on a mathematical design that is used across the country. The weather data used is from Bonners Ferry. Mr. Sweetapple also stated that DEQ isn’t set up to do the testing, they use a third party.
Commissioner Cossairt asked if the wind would push anything coming out of the stacks back to the ground. Mr. Sweetapple answered that the modeling does account for that.
Jerry Higgs stated that he brought up the issue previously that they should be doing water quality and soil testing. Chairman Bertling stated that is not one of the three items that are part of the continuance.
Commissioner Robertson asked Mr. Sweetapple if a third party were to test, would it prove the modeling – does DEQ look at the numbers from the third party. Mr. Sweetapple answered that you have to have an idea of what you are looking for. Commissioner Robertson stated that I assume you have a standard. Mr. Sweetapple replied that a toxicologist could come in and look at what PDI uses to determine what they should be testing for.
Chairman Bertling called for those who wish to testify in opposition of the appeal.
Terry Swift stated he was a lifelong resident and third generation logger. He stated that in 2019 Ms. Martin’s parents hired him to clean up the down timber and remove hazard and dying trees. Mr. Swift stated that the hemlock was unhealthy at that time, but she didn’t want many trees removed to buffer the highway noise.
Vern Helmuth stated that he helped Ms. Martin’s mother cleanup trees that were down and diseased. He felt that Ms. Martin’s home is an older trailer and he has concerns about the readings she is getting and feels she should have her home checked. Mr. Helmuth asked who dictates the standard – state, federal or the county. Chairman Bertling responded that it was DEQ. Mr. Helmuth then stated that they were below the required amount even when the exhaust was going out the side of the building, prior to installing the stacks.
Leah Vanray stated that Pothole Rd is no worse than any other access on Hwy 95. She added that it is zoned as an ag-forestry zone not residential. Chairman Bertling asked if she had any comments on the three issues being address. Ms. Vanray stated that Ms. Martin should have her home tested for radon.
Chairman Bertling announced a 5 minute recess. Clare Marley stated that during the break the Commissioners are not allowed to speak to anyone.
Chairman Bertling reopened the hearing to those who wish to testify as neutral, so that Shawn Sweetapple could clarify some issues. Mr. Sweetapple stated that filters only deal with particulates in the air, they do not deal with air quality. He again stated that you can smell things before they are at hazardous levels and DEQ has no regulations for smell.
Chairman Bertling called for a rebuttal from the applicant.
Mr. Mast stated that we know exactly what products are used at Panhandle Door and they are far below the required level. He asked if the County is going to require air quality testing, are they going to require other businesses to do the same. Mr. Mast also commented on the violation they recently received stating that he felt it was a paper violation due to the product that they sell at their store, and not used in the manufacturing facility.
Chairman Bertling asked do you use Butilacitain to clean the equipment. Mr. Mast answered yes, we use it to clean the equipment.
Chairman Bertling called for the appellants to present their rebuttal.
Mr. Jordan stated that he used to own the Martin’s home and it is a nice stick home, not a trailer. He also noted that the trees removed were suspicious because they are in direct line of the exhaust. Mr. Jordan stated that DEQ has very few standards for this type of business. He also feels the County has the right to put a higher standard and compared the facility to autobody shops and what is required of them.
Ms. Martin stated that her home is not a trailer and that her mother would not have cut down trees. She can find no evidence of trees being cut down, there is no accounting for it. Ms. Martin stated that her father’s home health care workers would quit because of the smell and that her son worked for Panhandle Door so she knows what goes on inside the building. Ms. Martin stated that there has been a plan to turn the area in to an industrial zone since 2020. Ms. Martin stated that she doesn’t want the business shut down, she wants them to move.
Mr. Dewberry stated that the legacy properties have precedence. Nobody would like to have this in their backyard. The property is not zoned for commercial/industrial and they do not belong to be there. No testing has been done for air quality, nothing has been done for access and ventilations hazards have not been clarified.
Chairman Bertling closed hearing to public comment and called for deliberation.
Commissioner Robertson stated he did not get any of the answers he was looking for. He then asked Bill Wilson if the landowner will allow third party testing and DEQ will analyze the test, is that something we can ask for – specifically for VOC’s. Mr. Wilson responded that it is a question of cost and who pays for that test. What we have found is that the test is very expensive and it is his understanding that they cannot put that requirement on the property owner if they choose not to spend that money.
Mr. Wilson then advised the goal is to make their decision on objective criteria and based on standards within the County’s code. Mr. Wilson then went into detail on how to accomplish that.
Chairman Bertling stated that he had concerns about air quality and variables of the highway next to the location.
Commissioner Robertson stated that access seems likely and they have one year to accomplish that. Chairman Bertling added that they have a possible one year extension. Commissioner Robertson stated that filters are now being used for particulates and air quality we don’t know – we only know the model. Commission Robertson then asked are we comfortable with a business of that size being there with a conditional use permit.
Chairman Bertling stated he is comfortable with it as long as they have their own access. Commissioner Robertson asked if he was comfortable with them staying while they pursued access. Chairman Bertling stated yes. In addition using the model and the worst possible scenario with the chemical that they don’t spray, it was still under.
Chairman Bertling stated that he felt with both parties doing their own testing, I would suggest that we throw that out. Commissioner Robertson agreed that they are both biased tests.
Mr. Wilson advised them that the purpose of this process was to make a reason statement. He encouraged them to continue with their deliberation and vocalizing their thoughts using the guide to assist them.
Using the guide Commissioner’s stated the following:
• 7.7.1. there was a site plan in the original packet that is in evidence.
• 7.7.2 would also have to be a yes, upon approval by the Commission.
• 7.7.3 would also be a yes, there is sufficient land for setbacks for exhaust and sound
• 7.7.4 that zoning has multiple different uses across the County
• 7.7.5 Panhandle Health and ITD would adequately suffice to address issues
• 7.7.6 Yes, there is economic opportunity
Mr. Wilson stated that the next items are where issues seem to be and asked the Commissioners to site their reasoning for the record. Ms. Marley explained the conditions and the consequences if they were not followed. She also explained that if they wanted additional conditions added they could do so in their motion.
Chairman Bertling asked if the permit would be revoked if the conditions were not met. Ms. Marley answered that conditions could be added for that yes.
• 7.7.9 no cost to the county
Commissioner Robertson stated that they can either move forward with the modeling or we can explore third party testing and the cost. He also added that he would put the burden of cost on the appellant if the County were not willing to endure the cost.
Chairman Bertling expressed his concerns of putting the burden of cost on the County as well as concerns with other businesses in the future.
Commissioner Robertson asked that if it was for the purpose of satisfying 7.7.8 for the CUP would it be setting a precedent. Mr. Wilson responded that would be a matter of opinion. If you are going to consider having the County pay for the test, you would need to revisit 7.7.9.
Chairman Cossairt stated that obviously there is a reason DEQ uses these models, because they don’t want to pay for this kind of testing.
Commissioner Robertson stated that if we are comfortable with the location of the business and we are comfortable with the one year, possible two year on the approach and if we are satisfied with the best information presented to us, we can say yes to 7.7.8 due to the modeling and EPA /DEQ requirements on filtration based on the modeling.
Chairman Bertling called for a motion.
Commissioner Cossairt moved to modify the approval of the conditional use permit of application CUP#05-07 for a manufacturing business exceeding 8,000 square feet, File #24-0076, finding that the conditional use permit is in accord with the standards of Idaho Code and Section 7 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings, conclusions, and conditions as amended to mitigate grievances. This action does not result in a taking of private property. Draft findings and conclusions 1-23, draft conditions of approval for adoption 1-13.
Mr. Wilson mentioned that Commissioner Bertling was earlier interested in amending #4 to add a revocation if it was not satisfied. If you are still interested in including that, you will need to amend.
Ms. Marley was asked for a suggested wording for the modification. Ms. Marley stated that adding to condition #4 would be failure to comply with conditions of approval shall result in a revocation of this CUP by it being returning to the board of Commissioners for consideration.
Commissioner Cossairt modified condition #4 as read. Commissioner Cossairt also amended the findings to 31. Commissioner Robertson second. Motion carried unanimously.
The hearing ended at 9:20 p.m.
s/________________________________
TIM BERTLING, Chairman
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
By: Stephanie Sims, Deputy Clerk