***Monday, February 12, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. Commissioner Ben Robertson was out of the office.
Commissioners said the Pledge of Allegiance.
9:00 a.m., Kennon McClintock with The Nature Conservancy and Idaho Department of Lands Forest Legacy Program Manager Jennifer Barker joined the meeting to update Commissioners on the Dawson Ridge conservation easement. This particular project started in year 2018. Mr. McClintock said the appraisals have been done and they’re looking forward to closing those parcels. They will go to the Land Board in order to get approval and then the properties will be closed and protected. Those present reviewed a map of the project areas. The project size originally consisted of 6,000 acres, but it’s now reduced to 4,400 acres left between Hancock and Molpus. These easements are working forest lands and they won’t have buildings on them, according to Mr. McClintock.
Mr. McClintock pointed out area #33, which is the area that houses the communications tower on Molpus property. The tower can stay at that location as long as it needs to, according to Mr. McClintock. Mr. McClintock reviewed where logs came from in year 2022 with 40.4% coming from private industrial land, 22.5% comes from small private parcels and 2.4% comes from British Columbia. The State contributed 22.3% and it is mostly Idaho, but could also include Washington State and Montana. Federal logs are at 12.3%. Included in the chart are the following mills: Idaho Forest Group in Moyie Springs, LaClede and Chilco, Alta in Naples, and Stimson in Priest River and Plummer. Mr. McClintock said the amounts have been dropping every year and we will see fewer logs coming off of industrial lands. State logs have increased from 13% in 2017 to 22% in 2022.
Ms. Barker asked Commissioners if they are okay if she informs the Land Board that Commissioners support the project. Chairman Bertling said yes.
The meeting with Mr. McClintock and Ms. Barker ended at 9:22 a.m.
9:33 a.m., County Civil Attorney Bill Wilson joined the meeting briefly to see if Commissioners had any questions for him. Attorney Wilson left the meeting at 9:34 a.m.
Commissioner Cossairt moved to grant an extension of time to pay year 2023 taxes for parcel #MH63N01E054800A and to accept the tax amount due by February 16, 2024. Chairman Bertling yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2024-22. A resolution authorizing the disposition of records of the Boundary County Treasurer’s Office. Chairman Bertling yielded the chair to second. Motion passed unanimously. Resolution 2024-22 reads as follows:
RESOLUTION 2024-22
A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY TREASURER’S OFFICE
WHEREAS, the Boundary County Treasurer’s Office is currently storing old records of Boundary County; and
WHEREAS, due to lack of storage space, the Boundary County Treasurer’s Office has requested permission to dispose of old records; and
WHEREAS, the Boundary County Prosecuting Attorney’s Office has advised the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and
NOW THEREFORE, upon motion duly made seconded and unanimously carried,
IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:
The following records have been deemed permanent by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and permanent records must be kept for a minimum of ten years. The following records are to be disposed of in the county landfill:
Permanent:
Deferred Monthly Reports and Charges 11/2012-10/2013
Redeemed Warrants Reports 12/2012-12/2013
Abstract Tax Drive 2013
Circuit Breaker Tax Drive 2013
Treasurer Monthly Reports 10/2012-9/2013
Bank Statements 10/2012-9/2013
Forest Department of Lands Tax Drive 2013
Tax Drive Checklists 2013
Specials Tax Drive 2013
Subroll Tax Drive 2013
Utilities Tax Drive 2013
Tax Receipts 6/2/2013-12/20/2013
Financial Statement/Auditor Reports 1980-2012
Correctional Industries, Counter Installation Info 2005-2006
Public Records Law/Requests 1990-2002
Computer Arts Letters & Memos 2001-2006
Receipt Books 12/2003 – 6/2013
The following records have been deemed semi-permanent by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and semi-permanent records must be kept for a minimum of five years. The following records are to be disposed of in the county landfill:
Semi-Permanent:
Daily Purchase Agreements Columbia Bank 2017-2018
Daily Purchase Agreements Mountain West Bank 2017-2018
Tax Anticipation Reports 10/2017-10/2018
Monthly/Daily Cash Journal 12/2017-11/2018
Commissioners’ Extensions 2018
Daily Deposit Listings 11/2017-7/2018
Municipay (Credit Card) Receipts and Reports 10/2018-12/2018
Correspondence: General (3 Year Retention) 2020
Mortgage Company Receipts & Correspondence (3 Year Retention) 2015-2020
Copy Codes 2018
Municipay Receipts 6/2017-10/2018
Official Pay Receipts 1/2017-10/2018
Paystation Receipts 10/2016-10/2018
Correspondence: E-Mail (3 Year Retention) 1/2015-12/2020
Auditor’s Certificates 12/2017-8/2018
Returned Tax Bills 2017-2018
The following records have been deemed temporary by the Boundary County Commissioners on the advice of the County Prosecuting Attorney’s Office and temporary records must be kept for a minimum of two years. The following records are to be disposed of in the county landfill
Temporary:
Tax Deed Files No Longer in Same Name/Terminated Parcels 2004-2021
Copies of Timesheets 12/2017-12/2020
Regularly passed and approved on this 12th day of February, 2024.
COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/___________________________
TIM BERTLING, Chairman
s/___________________________
WALLY COSSAIRT, Commissioner
Absent_______________________
BEN ROBERTSON, Commissioner
Reviewed by and on advice of Prosecuting Attorney this February 8, 2024.
s/____________________________
ANDRAKAY PLUID
Prosecuting Attorney
ATTEST:
s/_____________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #296418
10:00 a.m., Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Chairman Bertling yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes of January 22, 2024. Chairman Bertling yielded the chair to second. Motion passed unanimously.
10:05 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. Chairman Bertling yielded the chair to second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 89,292.86
Road & Bridge 110,688.82
Airport 5,849.13
District Court 6,422.84
Justice Fund 46,383.27
911 Funds 2,149.26
Health District 55,686.00
Hospital, Operation 50,000.00
Parks and Recreation 2,548.20
Revaluation 447.04
Solid Waste 29,459.13
Tort 322.94
Veterans Memorial 401.09
Weeds 1,629.25
Restorium 33,942.53
Waterways 5,815.92
Grant, Airport 4,172.74
Grants, Fire Mitigation 25,710.00
ARPA Fund 15,915.88
TOTAL $486,836.90
Trusts
Auditor’s Trust – *Misc 690,722.90
Boundary Co. Drug Court Trust 116.11
Sales Tax Collected 1,312.95
Driver’s License Trust 9,176.00
Interlock Device Fund 80.00
Indigent Reimbursements 980.00
Motor Vehicle Trust Acct 123,807.75
Sheriff’s Trust Fund 1,026.50
Sheriff’s Special Projects 970.47
Odyssey Court Trust Account 24,504.63
Odyssey Bond Trust Account 15,436.00
TOTAL $868,133.31
GRAND TOTAL $1,354,970.21
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2023-2024).
10:30 a.m., Kootenai Tribe of Idaho Administrative Director and Kootenai Valley Resource Initiative (KVRI) Theresa Wheat joined the meeting to update Commissioners on this evening’s KVRI topics of discussion. Ms. Wheat relayed information on the matter of the Kootenai River Basin Adjudication agenda topic. Commissioners discussed the process for private property owners pertaining to water adjudication.
The meeting with Ms. Wheat ended at 10:41 a.m.
Commissioners tended to administrative duties before breaking for lunch.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. Mr. Morris presented a written report and reviewed work for the week. Mr. Morris and Ms. Nelson spoke of people stealing road signs and the cost to replace them.
Ms. Nelson said she doesn’t yet have the signature page for the local mileage report.
Commissioner Cossairt moved to sign the Idaho Transportation Department Local Road Mileage Report once it’s been received. Chairman Bertling yielded the chair to second. Motion passed unanimously.
Idaho Asphalt is to send Ms. Nelson a revised piggyback quote for Durapatch oil, so she will present that to Commissioners when it comes in.
Ms. Nelson briefly mentioned the letter of commitment/resolution for the Federal Bridge Investment Program application for the Naples Bridge. Ms. Nelson is waiting for information for the letter, which is to be submitted by next Monday.
Commissioner Cossairt moved to sign the letter of commitment/resolution for the Federal Bridge Investment Program application for the Naples Bridge. Chairman Bertling yielded the chair to second. Motion passed unanimously.
Those present discussed the Idaho Transportation Department Cooperative Agreement for the traffic signal at Tobe Way. Ms. Nelson informed Commissioners of questions she had about the statement that the only luminaries being installed are the ones incorporated in the signal structure, unless there is something she’s not aware of. Ms. Nelson said she received the plan page from HMH Engineering. The street lights are not separate and will be connected to the signal structure.
Commissioner Cossairt moved to sign the Idaho Transportation Department Cooperative Agreement for Traffic Signal, US 2 – 95 and Tobe Way, Permit #01-23-005A once it’s been received. Chairman Bertling yielded the chair to second. Motion passed unanimously.
Mr. Morris mentioned that the Solid Waste Department is using Road and Bridge’s loader while their loader is getting repaired. Commissioner Cossairt asked about access to the State of Idaho surplus equipment website.
Ms. Nelson spoke of the highway approach to McArthur Lake Road as it relates to the highway project. Ms. Nelson said she feels it would be safer to straighten the approach to the highway. Those present discussed placement regulations for mail boxes next to roadways.
2:00 p.m. Lee Pinkerton stopped by the office and updated Commissioners and Road and Bridge about the logging he’s done around the county’s gravel pit in Moyie Springs. Mr. Pinkerton mentioned some potential problem trees that he thinks would be better to leave them in place.
The meeting with Ms. Nelson and Mr. Morris ended at 2:20 p.m.
Mr. Pinkerton left the meeting.
2:30 p.m., there being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, February 13, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Assessor Olivia Drake, IT Director Matt Hodges and Treasurer Jenny Economu joined the meeting to discuss purchasing a new server. Assessor Drake explained the county is using an old IBM program for the tax side of things and they’re hoping to upgrade to a newer system. There is a state program, but the state is not available to try it and get an upgrade in a timely fashion and in the meantime, the old IBM is an outdated DOS-based system and it’s not supported. The quote is a lot more than expected, according to Assessor Drake. The state has new tax program software that they wrote so it’s proprietary, and if they do scrap this new system and go to another one, that other one is already three years old. The state is asking the legislature for funding, so they know which direction to go and it will take two years to get the first group of counties connected. Treasurer Economu said the most recent new system was installed in 2018. Mr. Hodges said this is new hardware for the existing system. Treasurer Economu said the hardware was new in year 2014 and at best it has a 10-year life. Mr. Hodges said a seven-year life would be more accurate. Mr. Hodges added that the state system is UAD Web and the county has to provide a server for the state to install their system on, as well as a data base system. The county would need a server and a license totaling approximately $5,000.00 to $7,000.00. The server in the quote is just for what the county has and the DOS system is not using that much space so for that, the county is good. Mr. Hodges said it would be ideal to run the two systems in tandem for a while, but the UAD Web will be a replacement for the AS400. Treasurer Economu said the fear right now is that the UAD Web is not what the state will use going forward. Commissioners said they would talk about the budget with the Clerk when she’s back in the office.
The meeting with Mr. Hodges, Assessor Drake and Treasurer Economu ended at 9:12 a.m.
9:30 a.m., Environmental and Health Protection Administrator Erik Ketner, Boundary County Solid Waste Department Superintendent Richard Jenkins, and Department of Environmental Quality (DEQ) representatives Matt Beeter, Dan McCracken, Ben Jarvis, Seth Oliver, and Dean Kinney joined the meeting to discuss the Landfill Operation Plan and closure/post closure plan.
Mr. Beeter expressed his preference that the county work with an engineering firm and Mr. Jenkins explained the process he plans on going through for updates, etc.
Mr. Beeter said one holdup is that his predecessor made some changes and there is a statement about the small community exemption that doesn’t need to be in the plan. Mr. Beeter relayed that there are concerns about the landfill being unlined and the potential for groundwater contamination. DEQ wants to work with the county and push this to the next step. Mr. Beeter said in 1993, the Subtitle D rules for landfills came into play. This is a nationwide statute, but Idaho wanted to run their own solid waste program so the State of Idaho applied to the federal government and were able to put their own rules in place. These rules are consistent with the same federal regulations. Small communities got together and got the small community exemption passed within a year or two of that happening. There is no practical alternative, according to Mr. Beeter. At one point, Idaho had approximately 12 small community landfills and now there are nine, but eventually there will only be three, which is Butte County, Adams County and Boundary County. Boundary County is close to receiving 25 inches of precipitation per year and that increases the risk to groundwater. There was a lot of conversation about this in 2001 when a survey was done statewide and did a scoring sheet pertaining to requirements for groundwater and Boundary County is right below that level. DEQ won’t be able to help the county much if groundwater contamination occurs. Boundary County did receive the small community exemption, but it may not be great in the long term, according to Mr. Beeter. The main concern from the beginning is that there isn’t good information about what is underneath the landfill and you have to have good information in order to make good decisions. It might be fine, but it also might mean that groundwater is already contaminated and that could cost many millions of dollars to address. There is no enforcement when groundwater contamination happens at a landfill. If you get potential contamination, the landfill gets an assessment for more monitoring and if it’s determined to be a fluke, then you go back to monitoring or you go to corrective action if it’s not a fluke. There are two landfills that have had contaminated groundwater and both of those two counties had to spend millions of dollars to improve groundwater over time or stop the plume from growing. Mr. Oliver spoke further on treating metals. Mr. Beeter said the name of the game is to avoid contamination or if there is going to be some, try to minimize it to the smallest area possible. With unlined landfills, you don’t have anything catching leachate. You can minimize infiltration as much as possible, but there is no guarantee. Unlined landfills have been in use since before 1993, but in 1993, areas had to choose to do away with existing landfills or follow the regulations.
Mr. Beeter said based on population, you can figure there are 1,600 pounds of trash for every person per year and using those averages it probably generates 50% more waste in the county than what can be deposited under the small community exemption. For planning purposes, the county should figure out what is next and part of that is to help find out what might be going on at the landfill. Because of state ARPA funds, if the county is willing to work with JUB Engineering or get some quotes for a study and maybe get some groundwater monitoring wells in for flow direction, etc., that is the minimum thing to first start doing. Mr. Beeter said if the county can get DEQ some quotes, they will go back and look for funds and he will prioritize that as this is a priority for the county. This is the first time DEQ will step up and help. Mr. Beeter said he will work hard to find out how much money he can get and one figure is $250,000.00, and he doesn’t know if that is enough, but the county needs to get quotes. Mr. Beeter said if they find out everything is great as far as there being no contamination, then they’re all happy. Because the county has a small community exempt landfill, if they find there is no contamination, DEQ doesn’t have to make the county monitor quarterly and they can help minimize monitoring if there is no groundwater contamination. The only difference if there is contamination is that there will be more time for the plume to get larger. The county will be on its own for monitoring costs. Mr. Oliver said if the county does one monitoring event per year and depending on the consultant, for a remediation site it can cost between $3,000.00 and $10,000.00. Mr. Jenkins said he’s considering three consultants.
Chairman Bertling asked how far would they need to drill down? Mr. Beeter said you drill down until you find out how deep the water is in three different locations. The consultant will determine the depth. Chairman Bertling commented about drilling three wells and nothing is found, but the county is hovering around 20 tons of garbage per day. Mr. Beeter said DEQ will not be able to change that 20-ton per day limit, but if they have the data and know that groundwater is not contaminated, their level of regulatory interest is much lower. It was suggested to try and find diversion programs and other options in order to see how long the county can make the landfill last. Mr. Jenkins spoke of looking into various diversion options to reduce waste, such as composting food waste and recycling glass. Mr. Beeter said the bottom line for landfills is groundwater. Step one is getting information about the landfill; Step 2 is projecting when the landfill is not able to stay under 20 tons per day.
Commissioner Robertson spoke of getting quotes to have wells drilled and if the county cannot get funding through DEQ, what is the time frame to have this done. Mr. Beeter said he doesn’t want to go there; he wants to just look into possible funding. DEQ will just continue working with the county on how to get things accomplished.
Mr. Beeter discussed there being a class of chemicals that lasts forever in the environment and the Environmental Protection Agency (EPA) is starting to regulate these chemicals, which are everywhere. These chemicals don’t bind with anything. Mr. Oliver said this chemical is found in materials for waterproofing, fire retardant foam, Teflon, Gortex coats, Rain-X, etc., and it could have an impact on unlined landfills, but nobody knows what’s going to happen at this point.
Commissioner Robertson said with groundwater monitoring at sites similar to Boundary County, what is the success rate of not finding contamination? Mr. Beeter said he would not want to guess and he explained how drainage works and if the contaminate cannot flow down, it will flow outward. Time and the amount of waste is not on the county’s side. Mr. Oliver spoke of submitting wells reports, but DEQ is looking for what is there in the ground before reaching water. Contaminates could hit a clay layer and reach out, but in a perfect world it would continue to just drop straight down. Mr. Beeter referred to point of compliance and how you can contaminate within that point of compliance, but not outside of it.
Commissioner Robertson asked how the corrective action measures work and Mr. Beeter said if the risk is low for infiltration, then they could consider capping it and waiting and seeing. There is a big range of corrective action measures that could be put in place. Chairman Bertling said we’re going to have to drill wells. Commissioner Cossairt asked how do you know where the contamination is when drilling 1,000 to 3,000 feet? Are there sensors in the equipment? Mr. Oliver said if you get groundwater at 1,000 feet in all three wells, he would be surprised. Mr. Beeter said it’s not a problem if there are contaminates along the way down, it’s just where the water collects that’s an issue. Mr. Jenkins said creating a lined facility would be hard to do here. Commissioner Cossairt spoke of needing to teach the public about recycling, because as much as 50% in the dumpsters is material that could be recycled. Mr. Beeter said let’s just get the question mark off of this landfill about possible contamination, then figure out what to do and plan from there.
The meeting to discuss the landfill ended at 10:30 a.m.
10:40 a.m., Kootenai Tribe of Idaho Environmental Program Manager Karen Schumacher and Kootenai Tribe of Idaho Environmental Director Genny Hoyle joined the meeting to discuss the proposed food waste composting program. Chairman Bertling said Commissioners have concerns about the time line. This program will take a county employee to operate it and the county will have to budget for that since we don’t have the manpower at this point in time. Mr. Jenkins voiced concerns of the program and said overall the program itself is great and will help to reduce methane and reduce waste. For Boundary County, it’s the viability for a small rural community versus a metropolitan area. Maybe we need to do a feasibility study to determine how much of the county’s waste stream is food. Then we can come up with a figure that can determine how much can be taken out of the waste stream. Ms. Schumacher said 40% of household trash is food, but how does that pertain to Boundary County? They would have to do an analysis. Mr. Jenkins spoke about the number of people who do their own composting. We need to make sure everyone is on board to do this, otherwise it drops that percentage, unless it is a requirement. Chairman Bertling said he thinks it’s a small percentage of people who do their own composting. Mr. Jenkins said if we have to separate waste and then take it to another facility, do people want to do that? Just like recycling, how many people actually do that? Commissioner Robertson said to look at the big users of this system, such as schools, restaurants, etc. Chairman Bertling said if we can get those businesses on board and find out their tonnage, that is a huge part. Ms. Schumacher said individual residents are the icing on the cake, but it’s the schools, restaurants, hospitals, stores, etc. Ms. Hoyle asked how long it would take for the county to hire an employee. Commissioners said the county has to budget for a position and will have to start doing that in April for the October budget. Mr. Jenkins said Ms. Schumacher gave him hard numbers and there is a grant and $210,000.00.00 is going to the Solid Waste Department over a three-year period. Ms. Schumacher said those funds are for operating cost, supplies, etc., as well as education and awareness for the community, banners, farmers markets, etc. Mr. Jenkins spoke of the vessel composter, screener, two operators, travel time for training, recycle bins, etc. Ms. Hoyle said the contracted person doing the feasibility study is $90,000.00.
Ms. Schumacher spoke of a partnership, an agreement for what is to be done and when, and it would include a feasibility study. If the time line and process for this is falling at a time that is awkward for the county, she is okay with pulling the county out of the equation and going about this a different way. The process requires a lot of time, effort and enthusiasm and it’s not a wait and see. Ms. Hoyle said these grant opportunities that are coming most likely won’t happen again any time soon. This was one of the grants they pushed out the door and it probably won’t come again any time soon. Commissioner Robertson said he feels this program will be a benefit to everyone involved. Ms. Schumacher commented on looking at costs for a pad, etc., and Mr. Jenkins said he was looking at it and it was great, but he doesn’t know costs. There will be funds that are needed by the county. Mr. Jenkins added that he was told it will cost $90,000.000 for an operator and he already needs one more operator. With the funds this grant has, will that be enough? Commissioner Cossairt said once the system gets going, you won’t have to have someone stand there and watch it all day. Once the composter is filled, can you just walk away? Mr. Jenkins said you have to continually feed the composting vessel. Ms. Hoyle said the bulk of the work is getting it started. Just like anything new, this is overwhelming until you get familiar with it. She tries to think long term and when the landfill is full, she doesn’t want to say we could’ve done this. Chairman Bertling said let’s say the landfill is full and we have to ship out garbage, it doesn’t mean we cannot take food waste, wood, etc. It’s just the pure garbage. To not look at this program would be short-sided on the county’s part, so we need to figure this out. Ms. Schumacher said if we do the work up front and make sure what is going into the compost is not contaminated, we will have to have eyes on that so we don’t have garbage going into compost. There is a ratio of material, so it will need to have some wood. Anything larger than leaves and small branches needs to be chipped. Ms. Schumacher said leftover meat is not a problem.
Commissioner Robertson said he wants to move ahead with a partnership, but there’s got to be a point with a feasibility study and if it’s financially unattainable and the county cannot do it, then they cannot do it and he doesn’t think that will happen, but he wants to be clear. Commissioner Robertson said there are so many unknowns. Ms. Schumacher said yes, but there are so many other avenues. A feasibility study will need to be done by DEQ and Panhandle Health as to where the composter has to be placed at the landfill. Ms. Schumacher said the bulk of what we’re going to be starting out with in a year or two are schools, grocery stores, and hospitals. Commissioner Robertson asked if we can get another grant to go with along with the first grant. Ms. Hoyle said they need a firm commitment that the county really wants to do this. Ms. Schumacher said the county needs a point person to work with.
A memorandum of understanding was to be drafted, but then the EPA had a delay with their grants, so she reached out to Mr. Jenkins to see if the county was still okay with this program. Mr. Jenkins had concerns, which created a need to make sure the t’s were crossed and I’s were dotted, because it’s a lot of work and not knowing if there was going to be support. Mr. Jenkins discussed this being a Commissioner decision. We need to be sure this is a viable aspect for the county. Chairman Bertling said he thinks Mr. Jenkins might be overcomplicating it. We will need a pad, electrical, etc. The icing on the cake will be the private side. For feasibility, there is equipment to get, but the big thing is an employee, pad and electrical. Mr. Jenkins explained that he can’t make the budget determination as that has to come from the Commissioners. If Commissioners says let’s move forward, then he’s on board. Ms. Schumacher said the budget being put toward the county is there and the landfill will receive a certain amount and then we need to determine where we will get more. Mr. Jenkins said at his last meeting with Ms. Schumacher, they felt the need to meet with Commissioners. Commissioner Robertson said they don’t have all of the information, but he wants to move forward. Commissioner Cossairt said we need to know how big of a pad is needed and Mr. Jenkins said that is where a study needs to be done, to determine size. Ms. Hoyle said there is a lot of unease when a contractor hasn’t come out and say this is what you need, but once you do, then you can start planning it. There is a fee for a consultant to come out and they can determine what percentage of waste stream is usable. The grant funds cannot be obligated until June 1st. Chairman Bertling said he feels there is time to iron this out. Commissioner Robertson said Commissioners want to do this project.
The meeting to discuss a composting system at the landfill ended at 11:14 a.m.
11:14 a.m., Cabinet Mountains Water District Manager Jeremy Davy and Surveyor John Marquette with JRS Surveying joined the meeting to discuss a matter pertaining to a division of property and request for parcel size exemption. County Planners Clare Marley and Tessa Vogel joined the meeting via telephone.
Mr. Davy said the issue pertains to Cabinet Mountains Water District’s booster located on county property at the end of Diamond Road at the base of Black Mountain. Part of the water district’s infrastructure is located on someone else’s property, Mr. Feldman. Mr. Feldman’s property consists of 10 acres and it borders the county property. Mr. Davy spoke of the setbacks required by the Department of Environmental Quality (DEQ) in relation to the water tanks, etc. The water district needs to acquire a portion of Mr. Feldman’s property that will encompass this equipment and provide for the setbacks. Since the county doesn’t own this piece, the water district needs to purchase it from Mr. Feldman. There is an exemption in the county’s ordinance for utilities to purchase property smaller than the zone requirements. This area is in the 10-acre agriculture/forestry zone. Mr. Davy said Ms. Vogel had informed him that this would not work, because the remainder of Mr. Feldman’s property would be 9.86-acres, so he couldn’t split his property since his parcel would be smaller than the zone allows. One option was to trade land, but the water district doesn’t own the land, the county does, and that didn’t sound like a good option. There are other areas in the water district’s area that will present a similar problem, according to Mr. Davy. There is a three-acre parcel located in a 10-acre zone that is grandfathered and the water district will need to purchase more property if it’s not even 10-acres now.
Chairman Bertling asked about exemptions. Ms. Marley said for exemptions, Section 20 of the Land Use Ordinance allows for a parcel to be created for the purpose of government services or utilities, but it doesn’t allow the parcel getting deeded from to be reduced below the zoning district. Ms. Marley said she’s gone through this with Cabinet Mountains Water District in 2022 when they purchased property through a platted vacation and she worked with an attorney for the water district at that time and she had repeated that the piece of property being acquired from had to remain at least five acres for that zone. A few yeas ago, Cabinet Mountains Water District had a list of land and zoning requirements, in approximately 2020 or 2021, and the same issue arose that the remainder property needs to be at least minimum size. Ms. Marley said they’re looking at three parcels, so maybe the Planning and Zoning Commission can look at an ordinance amendment, but right now the ordinance doesn’t allow the ability to reduce the remaining parcel to below the zone requirement or issue a variance. Mr. Marquette said a part of the ordinance is vague. If we can create a utility parcel out of a parent parcel, the ordinance doesn’t specifically say that the parent parcel would be exempt up to the point of making a utility parcel. Ms. Marley said that is correct in that the county’s code doesn’t currently say that. If that is something Commissioners wants the Planning and Zoning Commission to look at, she can let them know. Chairman Bertling said he would like that looked at. Ms. Marley said she doesn’t know how much time Cabinet Mountains Water District has, so it may be quicker to apply for a variance. The Planning and Zoning Commission is working on updates to the Subdivision Ordinance now and it normally takes a couple of months to get through the Planning and Zoning Commission, so it’s about four months out. Ms. Marley said the water district could seek a variance and that could raise the issue about the remainder parcel. There is a Planning and Zoning Commission hearing in March, but she would need to get an advertisement to the newspaper for that meeting. The cost for an application for a variance $400.00. A variance just needs to be addressed by the Planning and Zoning Commission, unless there is an appeal. Mr. Davy said he feels that cost places an undue hardship on a public utility, as well as Mr. Feldman. The remaining parcel owned by Mr. Feldman will consist of 9.86-acres. Chairman Bertling said he’s seen parcels that are not exactly 10 acres. Mr. Marquette said the parcels will all be slightly smaller and he added that according to Planning and Zoning, the ordinance doesn’t allow you to round up.
Commissioner Robertson said the infrastructure is on Boundary County’s property and the property to be acquired would be the water district’s property. Mr. Davy explained that there cannot be an easement. Mr. Feldman would lose the size of this property, but there cannot be an easement. Commissioner Robertson said he has no problem waiving the $400.00 fee for the variance application in this situation. This involves the county and the property should have been intended, so whoever made a mistake in the past with the property boundary, he’s willing to waive the fee. Mr. Marquette said there is enough acreage to adjust multiple property lines, but that doesn’t make sense and it will cost the property owner couple thousand dollars. Mr. Davy added that it would put an undue hardship on Mr. Feldman. Chairman Bertling said Commissioners are leaning toward a variance and waiving the fee. Ms. Marley asked if there is a place in the ordinance that allows the fee to be waived? Ms. Vogel spoke of the public coming forward after learning of a waiver, but she will look into it. Mr. Davy said to not put the county in a position, the water district can pay the $400.00 application fee. Mr. Davy said they will pay the cost of the variance application and move forward, but this issue is going to come up again, so we need to work on a solution and he mentioned the upcoming Planning and Zoning Commission workshop.
Ms. Marley and Ms. Vogel ended their call at 11:35 a.m.
Mr. Davy and Mr. Marquette left the meeting at 11:40 a.m.
There being no further business, the meeting adjourned at 11:40 p.m.
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TIM BERTLING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk