***Monday, January 24, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling (via telephone), Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

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

Dottie Gray with the Boundary County Historical Society joined the meeting briefly to express the Historical Society’s appreciation for the financial support received from the county and she commented that while other museums have had to close, Boundary County’s museum has been able to stay open. Ms. Gray handed out the notice for the next Historical Society meeting. Ms. Gray explained the request for information they receive from the public and she feels they are really a resource, similar to the library. Chairman Dinning said Commissioners are grateful for the Historical Society’s volunteerism.

Ms. Gray left the meeting at 9:03 a.m.

9:03 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided. Those present reviewed the report and work being done.

Ms. Nelson said the Federal Lands Access Program (FLAP) documents for the Myrtle Creek Bridge project are not yet ready. These funds will replace the one lane bridge with a two-lane bridge.

The project to pave the last few miles of Deep Creek Loop has been put out to bid so Ms. Nelson will get that information. Ms. Nelson commented on keeping the projects smaller since they’re coming in over the cost projection. Ms. Nelson also discussed matters pertaining to various bridges and hiring a contractor to review bridge inspections. Mr. Morris commented on the bridge that crosses over Mission Creek on Yukon Road. Commissioners were in favor of a short-term agreement with a company to review bridge inspections starting off with the bridge on Yukon Road and to see what the results are.

The meeting with Ms. Nelson and Mr. Morris ended at 9:20 a.m.

9:30 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone.

Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student; Idaho Code 74-206(1)f, communicate with legal counsel for the public agency to discuss the legal ramifications of & legal options for pending litigation, or controversies not yet being litigated, but imminently likely to be litigated, and Idaho Code 74-206(1)c, to acquire an interest in real property which is not owned by a public agency. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 10:13 a.m. No action was taken.

Gregory Lamberty joined the meeting at 10:13 a.m.

Commissioners took a short recess until their next meeting.

10:21 a.m., Sheriff Dave Kramer and Detention Deputy Robert Pew joined the meeting to discuss quotes for plumbing repairs at the jail as well as moving forward with hiring a company to draft a design concept for the Sheriff’s Office expansion.

Commissioner Cossairt moved to reappoint Karlene Magee to the Boundary County Americans with Disabilities Advisory Board with a term to expire January 31, 2023. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Cossairt moved to reappoint Richelle Rode to the Boundary County Americans with Disabilities Advisory Board with a term to expire January 31, 2025. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Cossairt moved to reappoint Brandon Glaza to the Boundary County Parks and Recreation Board with a term to expire December, 2024. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Cossairt moved to reappoint Kieran Ricci to the Boundary County Parks and Recreation Board with a term to expire December, 2024. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Cossairt moved to appoint Sarah Skinner to the Boundary County Parks and Recreation Board with a term to expire December 2023. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Cossairt moved to reappoint Marty Martinez to the Boundary County Restorium Advisory Board with a term to expire January 2024. Chairman Dinning yielded the chair to second. Motion passed unanimously.

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

Commissioner Cossairt moved to approve the meeting minutes of January 17 & 18, 2022. Chairman Dinning yielded the chair to second. Motion passed unanimously.

Commissioner Bertling contacted Commissioners via telephone at 10:30 a.m.

Sheriff Kramer said Turner Plumbing has done an inspection at the jail. Quick fixes have been made to the valves, but now there is one toilet and a couple showers that are out of service, which is creating problems. A quote from Turner Plumbing was provided. Sheriff Kramer explained the shower configuration and what would be replaced. The female side could be replaced with jail standard showers, etc. The quote also includes a wall-mounted toilet and to snake a camera into a drain to see why it’s not working properly. It’s getting to where the jail is unable to use more cells due to non-functioning plumbing. The quote for two showers and two toilets would double the estimate. The estimate provided covers one shower, one sink, and removing a toilet to scope the plumbing with a camera to see what the problem is, but not to repair it. Detention Deputy Pew listed which items would be a priority if not all items in the quote are repaired.

To fix a shower, toilet, and to replace a sink in the female side of the jail is $8,270.00. Sheriff Kramer said if Turner Plumbing does do the camera scope, it might be good to run the camera down the ceiling vent to see what is causing the leak as Courthouse Maintenance John Buckley has repaired all of the areas he thought might be causing the leak. Sheriff Kramer said he hadn’t budgeted for these repairs. Commissioner Cossairt asked how many showers in the long term need to be replaced. Detention Deputy Pew said both sides of Area 1 need showers replaced. After that is looking at Area 3, which is the larger area where more males are housed. The urinal is also an issue in that room. Four showers, a sink and a toilet are needed in the female cell. Detention Deputy Pew said if the porcelain sinks were removed, then two new sinks are needed. It was said that it would be substantially more expensive than this base quote. Commissioners said they will look into funding.

Sheriff Kramer spoke of contracting with Lombard-Conrad Architects for jail improvements. Lombard-Conrad would be the next logical step to get a concept design to help put together a budget, etc. Sheriff Kramer said he knows it’s not a quick fix or going to be easy, but a plan is needed to get started. Chairman Dinning asked about cost for the design and it was said it’s approximately $44,000.00. Sheriff Kramer said he reached out to one grant lender and it looks like they could assist with a build, but can’t provide funds for the planning concept portion. Sheriff Kramer said he learned of two other sheriffs who are going through the expansion process so he will reach out to them. We need to identify how we’re going to proceed, then determine how to fund the work. The population in the jail is lower than what the limit is, but the individuals they do have in the jail have been challenging enough and they need to be kept separate, but now there isn’t a working shower and the roof if leaking in the mechanical room and other areas. Detention Deputy Pew said the time is coming when something has to be done about the jail. Chairman Dinning said the cost generally falls on the taxpayers. Sheriff Kramer talked about the possibility of the Department of Agriculture providing a grant to cover three-quarters of the cost and the legislature is looking at a local sales tax option, etc. Putting together a design concept is something to look at for pros and cons.

The meeting with Sheriff Kramer and Detention Deputy Pew ended at 10:48 a.m.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for tax year 2021 for parcel #RP003250000060A and to cancel $73.50 in tax as the homeowner’s exemption was received after the July abstract cutoff. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for tax year 2021 for parcel #RP60N01W270150A and to cancel $41.12 in deferred tax due to error. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension for tax year 2018 and to accept a payment of $300.00 on January 27, 2022, another payment of $300.00 by February 23, 2022 and to pay the remaining balance in full by March 23, 2022. Commissioner Bertling second. Motion passed unanimously.

10:53 a.m., Personnel Director Pam Barton joined the meeting.

Commissioners discussed needing to update the Personnel Policy as it pertains to the preferred provider used in worker’s compensation cases. Clerk Poston said she wanted to add clarification on the post-accident drug and alcohol testing. Those present discussed what to insert and delete as far as statements pertaining to testing for drugs and alcohol in a reportable accident.
Chairman Dinning talked about needing to add a section in the Personnel Policy about how many hours need to be worked in order to receive medical insurance. The current law talks about 30 hours in relation to medical insurance, but a county employee has to work 40 hours per week to get insurance. Clerk Poston said the employee who works 40 hours per week also receives sick leave, federal holidays off and vacation hours, but the insurance part needs to change. All employees who work on a yearly basis more than 30 hours per week get insurance. The hours have to be consistent on an annual basis. Clerk Poston said insurance has not been budgeted so departments would really need to look at their budgets. Clerk Poston said part of this falls on the department head not to let their department fall in harm’s way for budget purposes.

Commissioners discussed posting the notice for the maintenance position.

The meeting with Ms. Barton ended at 11:07 a.m.

Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 11:45 a.m. No action was taken.

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

***Tuesday, January 25, 2022, at 1:30 p.m., Commissioners met in regular session at the County Annex conference room with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling (via telephone), Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #22-0015. This is an application for a short plat – primitive requested by Glenn and Jennifer Leavitt. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling (via telephone), Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Kyle Torgerson, Brooke Torgerson, and Applicant Glenn Leavitt. The hearing was recorded.

Chairman Dinning read the public hearing procedures aloud. No one had any questions of the process. No member cited a conflict of interest.

Chairman Dinning opened the hearing and asked for a staff report.

Ms. Vogel provided an explanation of the application, which is to create two, 5-acre lots out of a 10-acre parcel. This 10-acre parcel is one of two 10-acre properties that were split to create long rectangular shapes. Ms. Vogel provided more information on various slides pertaining to the preliminary plat, a slide showing the access point enlarged to clarify the two access strips that are to be 20-feet in width with lots that are to be 5.4-acres in size, and a wetlands map for the property.

Ms. Vogel spoke of notifying various agencies of the application. No public comments were received and the only agencies that commented was the county mapper, who commented about a shared easement instead of two access points and Road and Bridge, who commented that Song Bird Lane where the approach is, is the Idaho Transportation Department’s jurisdiction. The Idaho Transportation Department did not comment.

This parcel wasn’t eligible for a simple or primitive division due to the property having been previously split through a land division, File #15-109, issued on September 17, 2015.

Commissioners had no questions. Chairman Dinning said with the easement, evidently, it’s approximately 41 feet wide as shown on page 3 of the information provided.

The applicant did not provide a statement. Chairman Dinning said rather than two 20-foot easements, was thought given to a 40-foot easement until it hits the property. Mr. Leavitt said the initial thoughts were if his kids owned the property to Songbird Lane and then they decide to sell it. Mr. Leavitt added that he has a big excavator and he needs room to turn around so for the most part the 40 feet is open at the first part. The main reason was to make sure the kids owned all of the way to the road and there wouldn’t be disputes about road maintenance. There aren’t any problems with the kids, but if property sells, it might not be the case.

Commissioners opened the hearing to public testimony. No one spoke in favor, uncommitted or opposed to the application as only the applicants were present.

Mr. Leavitt gave a closing statement and said he’s just trying to give this property to his kids.

Commissioners closed the hearing to further testimony.

Chairman Dinning said this application does meet the Land Use Ordinance and is an allowable division. Commissioners had no further comments.

Commissioner Cossairt moved to approve the preliminary plat for Evergreen Meadows Subdivision, a primitive subdivision of a 10.08-acre parcel to create two, 5.04-acre lots, File #22-0015, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings and conclusions as written or amended. This action does not result in a taking of private property. Commissioner Bertling second. Motion passed unanimously.

The hearing to consider Planning and Zoning Application #22-0015 ended at 1:42 p.m.

Commissioner Cossairt moved to sign the Certificate of Residency for Georja Nelson. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for Ziply Fiber LLC for tax year 2021 and to cancel the total late fee of $18.31, plus interest for the following parcels due to error: UR000350300100A, UR000350300106A, UR000350300200A, UR000350300201A, UR000350300400A, UR000350300600A, UR000350300800A, UR000350301200A, UR000350301300A, UR000350301400A, and UR000350301500A. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for tax year 2021 and to cancel $11.15 in late fees and interest for parcel #RPB04000020100AA due to error. Commissioner Bertling second. Motion passed unanimously.

2:00 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #22-0017, an application for comprehensive plan map and zoning map amendments for Applicants Warren and Tamara Patzer. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling (via telephone), Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Applicant Warren Patzer and his son, Shane Patzer. The hearing was recorded.

Chairman Dinning read the public hearing procedures aloud. No one had any questions of the process. No member cited a conflict of interest.

Chairman Dinning opened the hearing and asked for a staff report. Ms. Vogel said the request is to change both maps from the rural residential designation to suburban for this property. This is a two-hearing process and the Planning and Zoning Commission’s recommendation was for denial. Ms. Vogel showed slides of an aerial view of the property. The reason for wanting to change the zone designation to suburban is to allow for future land division of one-acre density so someone can build on the other piece of property. Access is from Blume Hill Road, but French Point Road borders the property from the south where it could access the other property. Ms. Vogel showed the comprehensive plan designation map and it shows the property north of the site that is still rural residential in a block of suburban zoned parcels. Ms. Vogel showed a slide depicting the design plan for the proposed split and preferred new home location. Information was provided on the zone and comprehensive plan maps for surrounding properties.

Ms. Vogel commented on sending notice of the hearing and requests for comments to various agencies and the Assessor’s Office and Road and Bridge provided statements. The Assessor commented on this not being contiguous zoning and Road and Bridge commented on the existing approach permit for the property off of Blume Hill Road and what would need to be done for the second property if it’s accessed off of French Point Drive. Chairman Dinning said there is a permit that would provide an approach for French Point Drive. The same routing occurred for public comments, but no written comments were received. One comment was made during the prior hearing by someone who was neutral.

The applicant’s narrative is listed on Page 6, which asks the reason for a zone change and how it’s related to the adopted comprehensive plan, etc. It also asks how public services will be affected, what road and utility systems will be put in and the compatibility with surrounding areas. Three Mile Water District already services the property, but they don’t make guarantees that the second property will receive services.

Those present referred to Page 3 for zoning of smaller properties.

Ms. Vogel pointed out the staff analysis, evidence of standards and draft findings and conclusions.

Commissioners had no questions at this time.

Warren Patzer provided a statement and said the reason he’s trying to divide his property is that he and his wife are looking to have a single level home so they’re looking to divide the property in order to put a new home on a separate lot. Mr. Patzer said his son and family would live in his current larger home and he and his wife would live in a smaller home built on one of the parcels.

Shane Patzer said he and his wife moved back to this area in June with the plan to build and he added that he would swap homes with his parents.

Chairman Dinning said since no member of the public was present, the hearing did not need to be opened for public testimony.

Commissioner Cossairt said approving this application could lead to every property owner within a long distance asking to split their properties. Commissioner Cossairt said he knows what the applicant is trying to do and understands it, but he’s not sure he agrees with it. Commissioner Bertling had no comments. Chairman Dinning said this is tough as he knows everyone, he understands what they’re trying to do and he would like to help everyone. What should occur sometimes can’t occur. Given today’s climate with real estate, we should probably rezone some of these parcels. Chairman Dinning said with what the county has in place and with the recommendations of the Planning and Zoning Board, it’s going to be difficult to do anything and he apologizes for that. Chairman Dinning said he usually wants people to do what they can for their benefit, but zoning gets in the way of that. The zoning map was done more than 10 years ago so what is going on today was not anticipated.

Commissioner Cossairt asked when this suburban subdivision was created. Ms. Vogel said she didn’t have that answer.

Commissioner Cossairt moved to deny the request to amend Boundary County comprehensive plan land use designation map and the zoning map from rural residential to suburban, File #22-0017, and direct staff to prepare written findings and a decision, finding that the proposal is not in accord with the comprehensive plan and the criteria of Section 18 of the Boundary County Zoning and Subdivision Ordinance, based upon the findings and conclusions as written, finding that the proposal would create spot zoning. This action does not result in a taking of private property. Commissioner Bertling second. Motion passed unanimously.

Ms. Marley informed Mr. Patzer that he could build an additional home on the property without splitting it by applying for a conditional use permit.

The public hearing to consider Planning and Zoning Application #22-0017 for Applicants Warren and Tamara Patzer ended at 2:19 p.m.

Commissioner Cossairt moved to accept the bid of $2,327.00 from Skywalker Tree Care for the removal of a tree at the Restorium. Commissioner Bertling second. Motion passed unanimously.

Commissioners stated that another quote had come in from CDA Stump Grinding & Tree Service totaling $2,500.00, but it was higher than the quote from Skywalker Tree Care.

Commissioners took a recess until their next meeting.

3:11 p.m., Restorium Administrator Karlene Magee joined the meeting. Ms. Magee mentioned that she may have three new residents at the Restorium soon. Chairman Dinning mentioned Commissioners will work on the vaccine waiver exemption form for Restorium employees. Ms. Magee said there will be a vaccine clinic for the booster shot this Thursday.

The meeting with Ms. Magee ended at 3:20 p.m.

Commissioners took a recess.

4:28 p.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 4:30 a.m. No action was taken.

There being no further business, the meeting adjourned at 4:30 p.m.

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DAN R. DINNING, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk