***Monday, July 11, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
Marty Martinez and Bonners Ferry Herald Reporter Emily Bonsant joined the meeting at 9:00 a.m.
9:00 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.
Ms. Nelson commented on needing to establish addresses on United States Forest Service roads.
Commissioner Cossairt moved to adopt Resolution 2022-31. A resolution of Boundary County, Idaho, allowing the use of the United States Forest Service road numbers for the purpose of addressing in Boundary County. Commissioner Bertling second. Motion passed unanimously. Resolution 2022-31 reads as follows:
RESOLUTION 2022-31
A RESOLUTION OF BOUNDARY COUNTY, IDAHO, ALLOWING THE USE OF UNITED STATES FOREST SERVICE ROAD NUMBERS AS ROAD NAMES FOR THE PURPOSE OF ADDRESSING IN BOUNDARY COUNTY.
WHEREAS, it is the responsibility of the county’s Addressing Coordinator to provide a uniform street naming and addressing system to aid local emergency vehicles in a Countrywide Enhanced 9-1-1 Program, and
WHEREAS, it is the responsibility of the Addressing Coordinator to uphold the naming convention outlined in Ordinance 2007-6, and
WHEREAS, Boundary County Ordinance 2007-6 does not address renaming United States Forest Service roads, and
WHEREAS, Boundary County, Idaho, has no jurisdiction over the United States Forest Service, and
WHEREAS, renaming a United States Forest Service road is time consuming and the United States Forest Service has been resistant on the process, and
WHEREAS, all United States Forest Service roads will be mapped the same way any county or private road is created, therefore address numbers will still be based on the mileage system, and
THEREFORE, BE IT RESOLVED, that all addresses requested on a United States Forest Service road will not require a name change to the road. The house number would be the first number and the second number would be the road number. (i.e., 20048 USFS 278) All United States Forest Service roads will be designated by “USFS” prior to the road number.
ADOPTED AND PASSED THIS 11th DAY OF JULY, 2022
s/_______________________________
DAN R. DINNING, Chairman
s/_______________________________
WALLY COSSAIRT, Commissioner
s/________________________________
TIM BERTLING, Commissioner
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
Recorded as instrument #291878
Mr. Morris reviewed work listed in the department report. Mr. Morris and Ms. Nelson discussed how drivers don’t slow down around Road and Bridge employees who are using the Durapatcher to fill pot holes. Road and Bridge is getting ready to start chipsealing next week, according to Mr. Morris.
Commissioners decided to continue their discussion regarding a piggy back bid for a wheel loader until tomorrow at 11:45 a.m.
Ms. Nelson informed Commissioners that construction estimates for the Riverside Road Improvement project are coming in higher and she’s asked why. Western Federal Lands said actual construction costs have increased and they add a percentage with engineering and contingencies in case there is a change. Ms. Nelson said the match had been $233,000.00 and she budgeted to pay part of that in August 2022 and the remainder in June of year 2023. Now the requested match is $243,362.00. The match can be broken out in half payments to pay half this fiscal year and the second half in the next fiscal year. Ms. Nelson said in year 2018, the parties entered into a memorandum of agreement (MOA) and now we’re looking to amend that agreement to include this new budget as well. In 2017, this project cost was $4,000,000.00, then it increased to $8,000,000.00 and now the project cost is $16,000,000.00 for 4.5 miles of road. Commissioners were agreeable to the additional $10,000.00 match cost to be split between the two years. Ms. Nelson said she has a conference call with Epic Land Solutions to get more information on the right-of-way for this project.
Mr. Morris presented Commissioners with a picture of a truck Road and Bridge is interested in purchasing. The cost of the truck has been budgeted as originally Road and Bridge was going to spend the funds on a belly dump.
Commissioner Cossairt moved to purchase a used 2002 Kenworth D800 truck for $75,000.00. Commissioner Bertling second. Motion passed unanimously.
Ms. Nelson spoke of having had a meeting about the Kootenai Tribe’s travel plaza project and they’re in the process of gathering information to determine whether or not a variance for an approach is needed. In the meeting the topics of drainage concerns, reconstruction of Great Northern Road, and analysis of road base was discussed. There will be another meeting once this information is gathered. The Kootenai Tribe has hired JUB Engineering.
Ms. Nelson said she has no updates on Alta Forest Products’ plans for a siding yet, but they did hold a meeting on the project last week. Many members of the public attended and there were a lot of good comments. The concerns were what Alta would do with the crossing proposal. Ms. Nelson said as it pertains to why crossing arm signs were being ordered, she spoke of someone who has been hired to do diagnostic work for the railroad and they determine what signs and crossing equipment, such as arms, are needed. Ms. Nelson said Boundary County doesn’t have a crossing agreement in place with Alta so it can’t be said what is needed. The person doing the diagnostic work thought only employees of Alta use the road, but Ms. Nelson said she informed them that this is a county road and there are residences past the area in question. Ms. Nelson also informed this person that Road and Bridge is still waiting for information from Alta so it’s a bit of the cart before the horse scenario.
Ms. Nelson said the Idaho Transportation Department Investments Program (ITIP) has sent out an email seeking public comments for the Blume Hill intersection and acceleration lane. Ms. Nelson said her concern is the Blume Hill intersection and turn lane as how it’s proposed could impact trucking.
Ms. Nelson said she’s working on the fuel bid for fiscal year 2023 and Road and Bridge can include the Solid Waste Department, etc. Clerk Poston added that the Sheriff’s Office had mentioned being included as well. Commissioner Cossairt mentioned the Noxious Weed Department truck.
Ms. Nelson said she has a meeting on July 27th with Kevin Kuther with the Local Highway Technical Assistance Council (LHTAC) about 129,000-pound trucks. Mr. Kuther is going to attend a Bonner County Area Transportation Team (BCATT)/Boundary Area Transportation Team (BATT) meeting.
Road and Bridge is working on an agreement with the City of Moyie Springs for maintenance on Eileen Road and the approaches.
There is no update on Garvin Williams about his concrete pad being too close to the county road, but Mr. Morris noticed another new approach farther up on this property so Road and Bridge needs an update.
Commissioners contacted County Civil Attorney Tevis Hull via telephone at 9:42 a.m.
Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated, but imminently likely to be litigated. 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 9:46 a.m. No action was taken.
The meeting with Mr. Morris and Ms. Nelson ended at 9:46 a.m.
9:46 a.m., Commissioners contacted County Civil Attorney Tevis Hull to get an update on various matters. Attorney Hull said he’s done more research on America Rescue Plan Act (ARPA) funds. Chairman Dinning said Commissioners questions pertained to use of these funds, such as if the county takes and uses the funds, what are the federal requirements, to include mask mandates. Those are the questions that Commissioners need addressed; by Commissioners accepting funds, are they agreeing to the executive orders. Chairman Dinning said he understands that is not the case and it has to do with what was in place at the time of acceptance. Commissioners need that analysis of what liabilities are really there.
Clerk Poston said she will talk to Commissioners about the National Opioid Settlement Notice. Funds from this settlement can help offset payment to the Panhandle Health District if there is an agreement and the Health District would handle the reporting of these funds.
Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 10:07 a.m. No action was taken.
The call to Attorney Hull ended at 10:09 a.m.
Commissioners tended to administrative duties.
Commissioner Cossairt moved to appoint Jennifer Van Etten to the Boundary Community Hospital Board of Trustees, filling the remainder of Dennis Dinning’s appointment, with a term to expire January 2023. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Wendy Hawks to the Boundary Community Hospital Board of Trustees, filling the remainder of Geri Garten’s appointment, with a term to expire January 2025. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign Certificates of Residency for Kayleen Kath and Aleah Jones. Commissioner Bertling second. Motion passed unanimously.
Commissioner Cossairt moved to sign the No Spray Weed Control Agreements with Don & Linda Hazel, Mike Glazier, and Benjamin Offer. Commissioner Bertling second. Motion passed unanimously.
The 10:30 a.m., Probation department report was cancelled.
Commissioner Cossairt moved to approve the Facilities Use Agreement with the Red Cross. Commissioner Bertling second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 104,601.90
Road & Bridge 113,789.03
Airport 12,002.35
District Court 5,019.25
Fair, County 55,500.00
Justice Fund 63,787.27
911 Funds 4,835.51
Historical Society & Museum 33,000.00
Hospital, Operation 165,000.00
Indigent & Charity 13,903.44
Junior College Tuition 1,700.00
Parks and Recreation 6,278.29
Animal Damage Control 5,000.00
Revaluation 444.00
Solid Waste 37,769.54
Tort 301.34
Veterans Memorial 989.80
Weeds 12,202.84
Restorium 16,844.40
Waterways 1,016.62
Grant, Airport 13,087.45
TOTAL $667,073.03
Trusts
Boundary Co. Drug Court Trust 192.95
Sales Tax Collected 294.60
Motor Vehicle Trust Acct 219,243.41
Sheriff’s Trust Fund 406.50
Drug Forfeiture Trust Fund 58.66
Odyssey Court Trust Account 29,158.08
Odyssey Bond Trust Account 1,842.50
Odyssey Restitution Trust Acct 2,344.84
TOTAL $253,541.54
GRAND TOTAL $920,614.57
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2021-2022).
11:00 a.m., Airport Board Chairman Jay Wages and Airport Manager Dave Parker joined the meeting to discuss airport matters.
Mr. Parker said the county was awarded the grant for $200,000.00 with no required grant match. Mr. Parker presented Commissioners with piggy back bid information through Sourcewell on a John Deere tractor from Pape Machinery and he said this is the best value. Mr. Parker added that he had not received any quotes from a local vender and he was given multiple opinions in favor of John Deere. This tractor is available right now and if Commissioners sign the purchase order, the county would be able to take that order and get the tractor some time in December. Due to discounts, the tractor will be less than $126,000.00 leaving $54,000.00 that has not been spent. Mr. Parker said he contacted the state about buying a mower. Mr. Parker said after Commissioners have said yes to the tractor, he will draft a letter of intent to purchase the tractor and Pape Machinery will draft the purchase order. Clerk Poston asked what year the tractor is being purchased in and Mr. Parker said probably the year it’s received and it’s due this December.
Commissioner Bertling moved to sign letter of intent and purchase order to purchase a John Deere 6135E Cab Tractor from Pape Machinery through the piggy back bid process of Sourcewell for $124,235.53 with Boundary County, a political subdivision, as the owners. Commissioner Cossairt second. Motion passed unanimously.
Commissioners said Commissioner Cossairt will be point of contact, the tractor will be shipped to the airport and billing will go to the Courthouse.
Commissioner Cossairt moved to sign Ground-Hangar Lease Agreements with William Morrison, Roger Morter and Travis Wisberg when the leases have been completed. Commissioner Bertling second. Motion passed unanimously.
Those present discussed volunteers working at the airport and Commissioners said the airport can work with volunteer labor, but the county needs a list of the volunteer’s names so they can forward it to the county’s insurance carrier.
The meeting with Mr. Wages and Mr. Parker ended at 11:20 a.m.
Commissioners recessed for lunch at 11:37 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners held a public hearing to consider Variance 6-2022 for Applicants Scott and Melody Morrison. This is a variance to Boundary County Road Standards Ordinance 2020-2 regarding an approach. Present were: Chairman Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendent Renee Nelson, and Applicants Scott and Melody Morrison. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Commissioners opened the public hearing for Variance #6-2022. The application is for a new approach location that does not meet Boundary County Road Standards Ordinance 2020-2.
Commissioners asked Ms. Nelson for a staff report. The proposed approach is on Moyie River Road. Boundary County Road Standards Section 3.3.B, sets 330 feet for distance from an existing access on major collector routes and 200 feet on local roads. Moyie River Road is a major collector, according to Ms. Nelson. Section 3.3.F, sets sight distance for new approaches at 300 feet and the sight triangle at 40 feet. The proposed use is to provide access to a new primary structure and Application 22-0129 for a residential placement permit has been submitted to Planning and Zoning. The existing approach for 960 Moyie River Road is located 198 feet south of the proposed approach. The approach for 808 Moyie River Road is 556 feet to the north so there is no conflict there. For Section 6.4.4.1., whether or not Road and Bridge would approve the approach, Ms. Nelson said there is a hill on the shortened sight distance which is a concern and removing brush, etc., could help to achieve the 300 feet of sight distance is possible, but traffic would have to come out and head north on a hill, which is difficult in the winter. The map photo taken in year 2021 shows the area and it shows that the approach was not existing. The average daily car trips per day from year 2018 is 213 cars per day. For sight distance, there is 225 feet of sight distance to the north and there is the full 300 feet of sight distance south of the proposed approach. The sight triangle can be achieved at that location. The topography is flat to the south and there is a curve and a hill to the north. Ms. Nelson said Road and Bridge did not receive any public comment and staff comments were received from Planning and Zoning and the County Mapper. Planning and Zoning states a residential placement permit has been applied for and it is pending sign off by Road and Bridge, Addressing, and Planning and Zoning’s final review so they’re just waiting for this process. The County Mapper said there are unrealistic set back footages, but that is not Road and Bridge’s jurisdiction, according to Ms. Nelson. The Mapper’s second point is the proposed approach may allow for sight distance issues to be mitigated if the applicant used the existing approach. Ms. Nelson said Road and Bridge feels there is more distance for the proposed approach as opposed to the existing approach.
Chairman Dinning asked if the applicant is still planning on using the access to the north or will that be cut off. Ms. Nelson said the Morrisons won’t be using that access, but there are three other residences that use that approach. Commissioner Bertling said the Morrisons just needs to cut down more trees to get a better sight distance. Mr. Morrison said he’s taken 70 trees down already. Mr. Morrison wondered how many more trees does he need to take down.
Commissioners asked the applicants for their statement. Mr. Morrison said Boundary County has been excellent to work with every step of the way. Mr. Morrison said he is just looking for the safest access and he added that he wants to put in a helicopter pad for emergency services. Mr. Morrison reviewed the map to see which trees need to come down.
Commissioners closed the hearing to additional testimony.
Commissioner Bertling moved to approve variance request of Scott and Melody Morrison, Parcel Number RP65N02E349150A for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B, with conditions a through f. Commissioner Cossairt second. Motion passed unanimously.
The public hearing ended at 1:45 p.m.
2:00 p.m., Assessor Dave Ryals joined the meeting to address additional Board of Equalization actions.
Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and to reconvene as the Board of Equalization. Commissioner Bertling second. Motion passed unanimously.
Assessor Ryals said there are a few changes that came in and under the authority granted in Title 63, Chapter 5 of Idaho Code, he is requesting the following adjustments to the 2022 Property Assessment Roll.
1. Reduce category 12 value on parcel RP62N01E267201A from $211,160 to $175,510 for flooding.
2. Reduce category 12 value on parcel RP63N01E070005A from $35,450 to $29,850 for topography.
3. Add the Homeowner Exemption to the following parcels: RP65N01W164951A, RPB06900000130A, RPB06900000140A, RPM00000165115A, RP62N01E355200A, RP62N02E163440A, MHB004000002DTA, and RP60N01W010130A.
4. Change 1.078 acres of Category 12 land on Cabinet Mountain Water District parcel RP62N01E359322A to exempt Category 81.
5. Reduce Category 41 value on RPB00400010020A from $435,550 to $326,970 due to appraiser review.
6. Reduce Category 18 value on parcel RP62N02E214210A from $653,100 to $230,710 due to grazing category application.
Commissioner Bertling moved to approve the Board of Equalization adjustments as presented by the Assessor. Commissioner Cossairt second. Motion passed unanimously.
2:08 pm. Commissioner Cossairt moved to recess as the Board of Equalization and reconvene as the Board of Boundary County Commissioners. Commissioner Bertling second. Motion passed unanimously.
Assessor Ryals left the meeting at 2:14 p.m.
2:16 p.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 2:28 p.m. No action was taken.
2:30 p.m., Russ Maas and Gary Chaney joined the meeting to discuss road abandonment. Mr. Maas asked Commissioners if there is any way to turn Crescent Road into a private road instead of a county road. Mr. Chaney informed Commissioners that he had purchased his home from Donna Standley and he’s referring to County Road 51B. Commissioners said the process is to identify this road and it probably won’t require a survey as it consists of the entire road. Chairman Dinning said Commissioners will need a petition, hold a public hearing and out of that hearing will come a decision. Commissioners said they would speak with County Civil Attorney Tevis Hull about the process.
The meeting with Mr. Maas and Mr. Chaney ended at 2:32 p.m.
Commissioners tended to administrative duties.
3:00 p.m., Bonners Ferry Herald Reporter Emily Bonsant joined the meeting.
Clerk Poston and Commissioners held a workshop for the proposed fiscal year 2022-2023 budget.
The workshop ended at 4:03 p.m.
Commissioner Cossairt moved to recess as the Board of Boundary County Commissioners and reconvened as the Board of Equalization. Commissioner Bertling second. Motion passed unanimously.
4:05 p.m., Commissioners continued the Board of Equalization appeal hearing for parcel #RP60N01W106465A owned by David and Lisa Devereaux. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Assessor Dave Ryals, Deputy Assessor Olivia Drake, and Appraiser MacKenzie Durette. The hearing was recorded.
Ms. Durette stated that she visited the home and remeasured buildings. Ms. Durette said the county was off on the pole building and machine shed so those values were adjusted. The grade of the house was lowered as well. The original value of $795,100.00 decreased to $660,390.00 and the Devereauxs were pleased. The land value remains the same at $146,610.00, the value for buildings was reduced to $40,370.00, and the home value was reduced to $473,410.00 for a total reduced value of $660,390.00.
Commissioner Cossairt moved to change the assessed value for parcel RP60N01W106465A owned by Dave and Lisa Devereaux from $795,100.00 to $660,390.00. Commissioner Bertling second. Motion passed unanimously.
The Board of Equalization Appeal hearing for parcel RP60N01W106465A owned by Dave and Lisa Devereaux ended at 4:10 p.m.
4:30 p.m., Commissioners continued the Board of Equalization appeal hearing for parcel #RP008250000220A owned by Jonathan and Lani Hanson. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Assessor Dave Ryals, Deputy Assessor Olivia Drake, and Appraiser Melissa Kramer. Participating via telephone was property owner Jonathan Hanson. The hearing was recorded.
Mr. Hanson stated that he was unable to contact the people who had completed their home refinance as they have sold to another company, etc. Chairman Dinning asked Assessor Ryals if he is in favor of the appraisal of $575,000.00. Assessor Ryals said he is fine with that appraisal. Ms. Kramer said if she changed the grade to an average plus class, it would reduce value to $591,640.00, which is closer. Mr. Hansen asked what happens when the rating of good is decreased to average plus. Ms. Kramer stated the quality of the house is a little less than a rating of good. Mr. Hanson asked if this rating would affect any future resale ability or is it just a tax perspective. Ms. Kramer said the rating shouldn’t affect resale. Commissioners stated the value of $591,640.00 and Mr. Hansen said he doesn’t think that is unreasonable and he added that he still doesn’t agree, but he doesn’t find it unreasonable on the Assessor’s part. Commissioners said the land value remains the same and the value of the dwelling will reduce to $494,500.00 for a total value of $591,640.00.
Commissioner Bertling moved to change the assessed value for parcel #RP008250000220A owned by Jonathan and Lani Hanson to $591,640.00. Commissioner Cossairt second. Motion passed unanimously.
The Board of Equalization Appeal hearing for parcel #RP008250000220A owned by Jonathan and Lani Hanson ended at 4:35 p.m.
4:45 p.m., Commissioners continued the Board of Equalization appeal hearing for parcel #RP60N01W150610A owned by Benjamin and Melinda Offer. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Assessor Dave Ryals, Deputy Assessor Olivia Drake, and Appraiser MacKenzie Durette. The hearing was recorded.
Ms. Durette stated the Offers qualified for the homeowner’s exemption and they were happy.
Commissioner Cossairt moved to amend the assessed value for parcel #RP60N01W150610A owned by Benjamin and Melinda Offer from $702,710.00 to $575,710.00 reflective of receiving the homeowner’s exemption. Commissioner Bertling second. Motion passed unanimously.
The Board of Equalization Appeal hearing for parcel #RP60N01W150610A owned by Benjamin and Melinda Offer ended at 4:47 p.m.
4:47 p.m. Commissioner Cossairt moved to adjourn as the Board of Equalization and reconvene as the Board of Boundary County Commissioners. Commissioner Bertling second. Motion passed unanimously.
There being no further business, the meeting recessed until tomorrow at 10:30 a.m.
***Tuesday, July 12, 2022, at 10:30 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
10:30 a.m., Trevor Schneider joined the meeting to discuss a Planning and Zoning matter of a placement permit for a non-conforming lot. Also present were: Tom Rasmussen, Kirsten Delaney, Jay Delaney, and Isaac Carey.
Mr. Schneider informed Commissioners that Mr. Rasmussen split his property based on the way Planning and Zoning had recommended to him in year 2012, which was having a deed recorded with the legal description. The county approved Mr. Rasmussen’s parcel split and he’s been paying taxes on a separate parcel for 10 years now. Mr. Rasmussen sold this property a couple of years ago and now the new owners are being denied a building permit as this property is under the 10-acre requirement for the area. This information was not known as people think Paradise Valley is a five-acre zone, but this area is a 10-acre zone. The new owners want to build a home, according to Mr. Schneider. Mr. Schneider referred to a deed dated February 15, 2012. Chairman Dinning said Commissioners haven’t been able to find any discussion in the minutes about this. Chairman Dinning informed those present that Planning and Zoning has not denied the building permit; they’re just waiting for more information. Mr. Schneider said he’s not sure who would approve the permit. Mr. Rasmussen said it’s been some time since this split, but he does recall talking to a Planning and Zoning Administrator in the Planning and Zoning Office and it might’ve been Mike Weland. Mr. Schneider said he’s just trying to find a solution for this and he added that maybe the county has a stamp to put on deeds from the Planning and Zoning Office so people can see that it’s not a non-buildable parcel. Mr. Schneider said one suggestion was to run this by Planner Tessa Vogel or Contracted Planning and Zoning Administrator Clare Marley before a sale, but they don’t have the manpower to do that. Chairman Dinning said there had been a document, but the prior Planning and Zoning administrators didn’t necessarily follow that until Ms. Marley and Ms. Vogel. Mr. Schneider said he’s just trying to find a solution and he added that before Ms. Marley is when matters should be grandfathered. Ms. Delaney said the problem is that they will be stuck in the middle of a hay field in the winter time if they can’t get something done and they have a builder waiting.
The meeting to discuss a building placement permit issue ended at 10:38 a.m.
Commissioners tended to administrative duties.
10:44 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 11:43 a.m. No action was taken.
11:45 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to continue their discussion on financing for a wheel loader. Ms. Nelson said Western States CAT gave an offer based on 966M wheel loader for $433,428.00. The 2015 950 loader that Road and Bridge already has will provide for a $175,000.00 trade-in. There are two options as far as payments go with CAT Financial. One being that the county can make the up-front payment of $18,548.00 followed by four more payments with a balloon payment at the end. The other option is to make the first payment using the trade-in amount of $175,000.00 as payment toward the amount of $433,428.00 and the four remaining payments be would $23,000,00. Those present reviewed interest and it was said the buyback and balloon are the same. These are five-year, 4,000-hour warranties. Ms. Nelson said the cost has been budgeted for. Ms. Nelson explained the reason Road and Bridge is looking at a 966 wheel loader is that the 950 loader has been paid off and by the end of August it will not be under warranty and the existing 972 loader is soon going to be 14 years old.
Commissioner Bertling moved to authorize the Chairman to sign the Sales Agreement with Western States Caterpillar for a 2022 Caterpillar 966M wheel loader at a cost of $433,028.56 through the Sourcewell piggy back process. Commissioner Cossairt second. Motion passed unanimously.
Ms. Nelson said she will ask CAT Financial to prepare the documents for the first payment up front.
12:00 p.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 12:13 p.m. No action was taken.
Commissioners recessed for lunch at 12:13 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners held a public hearing to consider Planning and Zoning File #22-0134, requesting a short plat – lot line adjustment requested by Dan and Lauren Altice. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Contract Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Donna Short, Eric Craig, Mark Brackebusch, Teresa Shattuck, Dick Staples with JRS Surveying, Dee Dee Oxford, Tom Oxford, Gene Andrews, Bob Byars, and Paul Wells. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures. No Commissioner had a conflict of interest.
The request is for preliminary plat approval for the replat of Lot 13 and Lot 14 of amended plat Kootenai Orchards, a proposed lot line adjustment to adjust the center property line to account for the driveway and existing barn. Chairman Dinning asked for a staff report.
Ms. Vogel said the request is for a lot line adjustment via short plat to adjust the center line between lots 13 and 14 of Kootenai Orchards. The address is 211 Sitka Drive. The application was routed to various agencies. Road and Bridge commented that the road name should be Sitka Drive and it needs to be corrected on the preliminary plat. The County Assessor’s Office and Panhandle Health District also provided comments. The application was also routed to neighbors, but no comments were received. Ms. Vogel informed Commissioners that pages five and six of their packet of information list the standards for a lot line adjustment and the staff analysis. Draft findings have also been provided. Sitka Drive is private road and the minimum lot size for agriculture/forestry is 10 acres. Ms. Vogel reviewed the standard conditions. Any special purpose districts serving the area where the adjustment is proposed or which are anticipated to serve the adjustment shall be shown on the face of the final plat. Chairman Dinning asked for the date of the amended plat. Ms. Vogel said she doesn’t have that information as it’s a different portion of that amended plat. Ms. Vogel said she thinks it came from the 1970’s, but it was amended in the 2000’s.
Dick Staples represented the applicant and said the request is pretty straight forward. The acreage stays within the minimum 10-acres. The spelling of the road name will be corrected. Mr. Staples said he thinks the plat was amended in the late 1990s. Ms. Vogel explained that on the preliminary plat the road is listed as Sitka Road, but it needs to be listed as Sitka Drive.
Commissioners opened the hearing to public testimony and asked for comments in favor, followed by comments from those uncommitted and opposed to the application. No one spoke. The hearing was closed to public testimony.
Commissioners said they didn’t have any problems with proposal.
Commissioner Cossairt moved to approve the preliminary plat for Replat of Lot 13 and 14 of Amended Plat Kootenai Orchards, a proposed lot line adjustment, File #22-0134, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings and conclusions as written or amended. This action does not result in a taking of private property. This also includes draft findings and conclusions 1 through 9 and draft conditions of approval 1 through 6. Commissioner Bertling second. Motion passed unanimously.
The hearing for Planning and Zoning File #22-0134 ended at 1:40 pm.
1:45 p.m., Commissioners held a public hearing to consider Planning and Zoning File #22-0079 for applicant Kirk Youngers. This is a request to amend the Boundary County comprehensive plan and zoning maps from prime agriculture to rural residential on 9.52-acres of a 52.95-acre parcel to allow for future land division at the rural residential density of five acres. Present: were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Deputy Clerk Michelle Rohrwasser, Contract Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Jacob Oxford, County Road and Bridge Department Co-Superintendents Randy Morris and Renee Nelson, Teresa Shattuck, Mark Brackebusch, Eric Craig, Dee Dee Oxford, Tom Oxford, Paul Wells, Bob Byars, Gene Andrews, and Jim Cadnum. The hearing was recorded.
Chairman Dinning reviewed the public hearing procedures and Commissioners had no conflict of interest. Chairman Dinning stated for the record that Mr. Youngers had contacted him many months ago to ask about conditions and the status of the gravel pit so he referred Mr. Youngers to Planning and Zoning. Chairman Dinning added that he later received a phone call from Mr. Oxford about a possible subdivision and at that time he didn’t know what Mr. Oxford was talking about.
Chairman Dinning asked for a staff report. Ms. Vogel said this file was heard by the Planning and Zoning Commission and they recommended denial. The request is to amend the zoning from prime agriculture to rural residential. Ms. Vogel provided an aerial view of the subject property in per presentation and she explained that this is at the south end of District Two Road. Changing the zone would cause the site to match the rest of the property. The Planning and Zoning Commission asked about a soils map so this information is included. Ms. Vogel referred to the soil information and map listed in her presentation. There is only one small corner of the 9.52 acres that has farmland soil; most of the property does not. The application was routed for agency comments and the County Assessor’s Office Mapper, County Road and Bridge Department provided comments. Road and Bridge’s comments included an overview of District Two Road. The application was also routed for public comment for the Planning and Zoning Commission hearing. Prior to the hearing two comments were received from Melvin Nail and Tom Oxford. Ms. Vogel said the property is split zoned, but most people think it’s the entire parcel. Most of it is already zoned rural residential so it’s just this 9.52-acre piece to be considered. Ms. Vogel explained the reason for Mr. Younger’s request in that Mr. Younger wishes to create three, five-acre lots adjacent to District Two Road. Mr. Staples, representing JRS Surveying, gave an overview at the Planning and Zoning Commission hearing. The application was also routed for comment for this hearing, but only one additional comment from Mark Brackebusch was received and he is opposed to the application. Mr. Brackebusch addressed the McNally gravel pit in his letter.
Ms. Vogel explained what is included in her staff report to include a staff analysis, draft findings and conclusions, etc. The property is not in the city of impact or airport overlay. There are wetlands, but just near the edge of the property near the water. Ms. Vogel spoke of a flood plain and of private property rights. The Planning and Zoning Commission recommended denial as the proposal is not in accord with the comprehensive plan and Section 18 of the Boundary County Zoning and Subdivision Ordinance based upon the topography and land of the area proposed to be rezoned better matches the description of the prime agriculture zone to be changed. Commissioner Bertling reviewed the various zones surrounding the subject property based on color coding and Chairman Dinning said the zone in pink is rural residential and it was rezoned because of the subdivision above this property. Ms. Vogel said the prime agriculture zone does follow the topography of the area. Chairman Dinning said the area around the gravel pit was rezoned and she added that it was not classified as agriculture/forestry, but as prime agriculture, which also allows gravel pits. Ms. Vogel said she’s assuming it’s because the prime agriculture zone was already there so they probably didn’t want to spot zone. Chairman Dinning asked how long this area had been zoned prime agriculture and Ms. Vogel said since 2011. Ms. Vogel added that for increasing potential density, this proposal would only add one extra lot. Rural residential is a five-acre minimum. Chairman Dinning stated that Mr. Younger would need to grab more property to make this a 10-acre lot. Some of the zoning shown in yellow would need to grab more of the property in the pink zone to make up 10-acres. It was said a majority of the flood plain is in the rural residential area shown in pink.
Mr. Staples gave an opening statement on behalf of the applicant. Mr. Staples presented Commissioners with a map entered as Exhibit #1. Mr. Staples read from a statement he had given prior at the Planning and Zoning Commission hearing. Exhibit #1 is a zoning map, Exhibit #2 is a blow up of a topography map and Exhibit #3 is enlargement of the topography.
Commissioner Bertling asked about the county road ending at the McNally property. Ms. Nelson said Road and Bridge turns around at the carport.
Commissioners opened the hearing to public testimony and asked for comments in favor of the application. No one spoke. Speaking uncommitted was Donna Short, 647 Polk Street, Bonners Ferry. Ms. Short commented on why it was okay to approve the gravel pit in a prime agriculture zone and it’s because this area is a rock; it’s all rock where this site is. There is some agriculture. Ms. Short said she went through something like this application years ago and the highest and best use is the view of the river. Ms. Short provided a topography map of the area entered into the record as Exhibit #4 and said this shows where the area is all rock. Ms. Short said the highest and best use of the land is a view of the river and that the farmland is gone.
Speaking in opposition was Dee Dee Oxford, Blume Hill Road. Ms. Oxford said they own property next to Mr. Younger’s property to the west and the land above District Two Road will have split zoning as well. Ms. Oxford said if Mr. Younger’s wanted one zone, couldn’t they request the same thing. If Commissioners approve the application, could they also approve their request? Chairman Dinning said Commissioners can’t answer that. Ms. Marley explained the hearing process to those present. Ms. Oxford said the property is all rock there and it’s not agriculture by any means, but everything below the property is prime agriculture. There is nothing that can be done with that and it has precedent with that piece. Ms. Oxford added that with what Mr. Staples said about adding one house on that property, when you rezone and make five-acre parcels, what makes that only adding one house at the bottom? When you make the property a five-acre piece, and she has seen the stakes, why couldn’t someone go above the road and make that a five-acre piece? You can have two houses down there. You would think one, but that’s not necessarily true. Ms. Oxford said the other concern is Road and Bridge. Two cars cannot pass each other on District Two Road. By having two or three more houses you’re looking at 15 to 20 more cars. How can you do that without somebody paying for the upkeep. Chairman Dinning said from what he understood, if you take that one piece, it just allows one house and he added that he agrees there could be one more house down below.
Speaking in opposition was Gene Andrews, 3040 District Two Road. Mr. Andrews presented Exhibit #5, which was a letter to Commissioners from him and his wife. Mr. Andrews said a portion of the property will go down to the railroad and there will be several lots down to the river. The property should be kept in agriculture in general. District Two Road is inadequate and the school bus will only go so far. Any added increase in traffic is dangerous. There have been close calls due to Blume Hill. The roads are a problem. Mr. Andrews said the third concern is that this is a phased project. There is a potential for 10 more households. Phase 2 is nearby so this is just phase 1 of a two-phase project. There will be more cars.
Speaking in opposition was Mark Brackebusch, Olympia, Washington. Mr. Brackebusch said he owns property in French Point. Mr. Brackebusch presented a topography map listed as Exhibit #6. Mr. Brackebusch read his statement to Commissioners pertaining to new residences increasing the risk of fire to properties. The county will need to extend and maintain District Two Road. There are no fire hydrants nearby and Three Mile Water has a moratorium on hookups. New houses would need to be built downhill and there may be issues with setbacks. Mr. McNally had grazed cattle on the property for a number of years. The current zoning is consistent with the comprehensive plan. This application would negatively impact District Two Road and French Point residences. The slope on the larger portion of the property is also steep. If you have a buyer and think they can get water from the river, it’s steep so you can’t casually go down there. There is land that’s more usable near the house. Mr. Brackebusch informed Commissioners that he has nine acres located above the McNally house.
Paul Wells, District Two Road, spoke in opposition. Mr. Wells referred back to the soil map and he said we’re talking about prime farmland; he thought it was prime agriculture land. The portion of the property that is shown on the hillside has an extensive nursery there and there are hazelnuts growing now. Mr. McNally had spent a fortune on that hillside and it’s prime agriculture. Yes, a little piece of the land is rocky, but Mr. Younger is going to have to split some property off somewhere else. Why not keep as much prime agriculture as we can?
Bob Byars, District Two Road, spoke in opposition and questioned if there is only 9.53 acres. The house does sit on a rock pile, according to Mr. Byars. The rest of the land is zoned correctly as agriculture land; it’s not residential and he agrees that if we change one zone, where does it stop. Mr. Byars said the zoning wasn’t an error; it was zoned correctly.
Mr. Staples made closing statement and said the request is being made for a rezone and any speculation about the number of lots created later on has nothing to do with this. The request is for rezone and a rezone only.
There being no further testimony, Commissioners closed the hearing to further comments.
Commissioner Bertling said he agrees the area is in the right zone. If the zone is changed, there is the potential for a chain reaction. Chairman Dinning questioned the zoning above this area and said it was probably agriculture/forestry or agriculture. We see that across the county; people convert it over time for residences. Chairman Dinning said that is just an observation. This parcel was zoned as a much larger parcel at one time.
Commissioner Bertling moved to deny the request to amend the Boundary County comprehensive plan land use designation map and the zoning map from prime agriculture to rural residential, File #22-0079, and to 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 or amended. This action does not result in a taking of private property. Commissioner Cossairt second. Motion passed unanimously.
The hearing to consider Planning and Zoning File #22-0079 ended at 2:30 p.m.
There being no further business, the meeting adjourned at 2:30 p.m.
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DAN R. DINNING, Chairman
Attest:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk