***Monday, May 24, 2021, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

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

9:00 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was submitted. Mr. Morris briefly spoke of looking at roads to see which will need seal coated. Mr. Morris also discussed grading, etc.

Mr. Morris informed Commissioners that Road and Bridge has received several calls about speeding on roads, such as Foust Road off of Oxford Loop, Smith Lake Road and Perkins Lake Road. If the county were to put up a 20 miles per hour sign, a speed study would need to be done and that study wouldn’t guarantee a lower speed, according to Ms. Nelson.

Ms. Nelson mentioned the combined Boundary Area Transportation Team (BATT)/Bonner County Area Transportation Team (BCATT) meeting on Tuesday.

Ms. Nelson informed Commissioners of a parking matter in the Westside Road-Boundary Smith Working Management Area (WMA). Ms. Nelson said this group wants an approach to their Marsh cell #3 so people can get to the boating area. The public is already using this area, but it doesn’t have an actual approach.

Ms. Nelson informed Commissioners that the attorney for the City of Moyie Springs and County Civil Attorney Tevis Hull are working on the Eileen Road maintenance agreement.

9:15 a.m., Commissioners held a bid opening for year 2021 chloride dust palliative materials. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris. The bid opening was recorded.

Commissioners received one sealed bid from Oxford Inc. Bid details are as follows: CaCl Mini-Pellets (94%), at 120 tons at a price per ton of $490.00. The total bid amount is $58,800.00. A bid bond totaling 5% of the total amount bid was provided.

Commissioner Bertling moved to accept the bid total of $58,800.00 from Oxford Inc, for chloride dust palliative materials. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Independent Contractor Agreement with Oxford Inc. for calcium chloride palliative dust materials, once the contract has been prepared. Commissioner Bertling second. Motion passed unanimously.

The bid opening ended at 9:20 a.m.

Ms. Nelson spoke of needing to get a permit from the Idaho Department of Water Resources in order for Road and Bridge to use water from various sources when doing dust abatement.

The meeting with Ms. Nelson and Mr. Morris ended at 9:22 a.m.

9:22 a.m., Commissioners canvassed ballots from the election held on May 18, 2021, regarding Cabinet Mountains Water District Board members.

Chairman Dinning commented that the information is a true and accurate representation of votes cast. There were no inconsistencies and it was a 4.5% voter turnout, according to Clerk Poston.

Commissioner Cossairt moved that acting as a Board of Canvassers of Election, do hereby state that the attached is a true and complete abstract of all votes cast within this county for the candidates and/or questions as they appeared at the election held on May 18, 2021, as shown by the records now on file in the County Clerk’s Office. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign Certificates of Residency for Fawnalilly Keyes, Joshua Varelman, Cecilia Roemer, Jaden Byars, Sky Reinhardt, and Roxanne Hittle. Commissioner Bertling second. Motion passed unanimously.

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 charge 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 9:30 a.m. No action was taken.

Commissioner Cossairt moved to authorize the Chairman to sign the State of Idaho Contract Amendment No. HC177800 for the Mosquito/West Nile Virus surveillance study for an amendment amount of $5,300.00. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Independent Contractor Agreement with Panhandle Pest Control for the mosquito/West Nile virus surveillance study for year 2021. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the No Spray Weed Control Agreements for Ray Sayers, Sharon & BJ Barton-Wood and Sandra Steinhagen. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to renew and sign the Volunteer Maintenance Agreement with 9B Trails. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to accept the quote of $4,200.00 from Cool-It for a ductless heat pump for the Treasurer’s Office. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Fixed Base Operator Agreement pending final revisions and setting an effective date. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Idaho State Department of Agriculture Selkirk Cooperative Weed Management Area Disbursement Agreement State Cost Share Funds. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Request for Reimbursement #9 for Airport Improvement Project #018 for the snow removal equipment building (Phase II Construction) at the Boundary County Airport. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign Request for Reimbursement #12 for Airport Improvement Project #017 for the Environmental Assessment project at the Boundary County Airport. Commissioner Bertling second. Motion passed unanimously.

9:45 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone to discuss various matters.

Attorney Hull informed Commissioners that he is updating the contract for parking with the Kootenai River Lumber Company as it pertains to the fair and he is also updating the Kootenai River Lumber Company Agreement with Boundary County for overflow parking for the Rocky Point/Waterways boat launch. Attorney Hull provided Commissioners with updates on the Fixed Base Operator Agreement, 911 related employee compensation, the proposed North Bench Fire Department lease for use of county property, and a matter regarding property development near the airport. Attorney Hull commented that the Federal Aviation Administration may have an issue with Bill Michalk’s proposed subdivision, but he is still working through that.

Attorney Hull mentioned that matters pertaining to the county’s zoning map will require a public hearing with the Planning and Zoning Commission prior to having a hearing before Commissioners.

Commissioners and Attorney Hull talked about lowering speed limits to below 35 miles per hour on particular roads, but that would require steps that need to be taken.

Clerk Poston reviewed a check list of items with Commissioners and Attorney Hull. Commissioners and Attorney Hull discussed the matter regarding Phil and Darlene Schneider’s property and the need to hold a public hearing to clarify the subdivision.

The call to Attorney Hull ended at 10:01 a.m.

Clerk Poston said the county did get its first half of the American Rescue Plan Act (ARPA) funds and supposedly a year from the date that the first half of the funds were received, the county will receive the other half. Clerk Poston proposed holding the funds for a time.

Commissioner Cossairt moved to appoint Commissioner Tim Bertling as Boundary County’s representative at the Panhandle Health District hearing. Commissioner Bertling second. Motion passed unanimously.

10:30 a.m., Commissioners held a public hearing to consider a variance of a location of an approach permit. This is a variance to Road Standards Ordinance 2020-2, Application #7-2021 filed by Byler Building Systems, LLC. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Applicant Edd Byler, Tim Dougherty, and Jennifer Dougherty. The hearing was recorded.

Chairman Dinning reviewed the hearing procedures. Commissioners did not have a conflict of interest.

Chairman Dinning opened the hearing and asked Mr. Byler for an opening statement.

Mr. Byler stated that when you come down Smith Lake Road, if the approach he’s requesting was relocated downhill, you wouldn’t see the traffic and he added that he would like to swing way over into his property. Mr. Byler commented that unfortunately, Northern Lights just installed power so he will need to relocate power if he cannot get this approach permitted. Chairman Dinning clarified that this approach location is on a corner and Mr. Byler replied that the approach would hit the road at 90 degrees right now. Mr. Byler said if someone reached the corner at 90 degrees then had to enter the property somewhere else, there would be another curve. It would be possibly sufficient to do what has to be done, but he’s looking for a variance for reasons mentioned.

Ms. Nelson said this a variance for an approach to Mr. Byler’s parcel and it’s also an approach to Legacy Ridge Lane. Planning and Zoning has verified that the parcel consists of 120 acres. Mr. Byler can split 20 acres off and not be required to go through Planning and Zoning, and he could do that again. According to Road Standards Ordinance 2020-2, Section 3.3.B. requires 200 feet of distance from the existing access or route. Smith Lake Road is a local road so this section does apply. The sight distance needs to be a minimum of 300 feet with a sight triangle of 40 feet. Ms. Nelson referred to analysis factors and Road and Bridge comments to Commissioners.

Chairman Dinning asked what causes this approach to not be in compliance. Ms. Nelson said there is an approach located only 65 feet north of the proposed approach. The other existing approaches already meet standards. Chairman Dinning asked if there is room to come into compliance if the approach was moved to the west. Ms. Nelson said no as it doesn’t provide enough sight distance or enough of a sight triangle. Where the proposed location is will come in at 90 degrees as it should and a person can see clearly in both directions. If the approach was moved west, those clarifications would be lost. It was said that the 65 feet approach is for residential. Ms. Nelson said the proposal for the road name of Legacy Ridge Lane had been approved on March 29, 2021, and was dependent on the road variance.

Commissioners opened hearing to public testimony and asked for comment from those in favor of the application. Tim Dougherty said he lives at 400 Smith Lake Road and as Road and Bridge can tell you about where this road is built, it makes sense. Mr. Dougherty added that he would ask the county, and to let people know who are buying property in this location, that people drive way too fast on that road. Mr. Dougherty said he’s lived on this road for 37 years and when that corner turns into a washboard, he’s had to pull drivers out of the corner. Mr. Dougherty said the existing speed limit sign is posted for 20 miles per hour, but if a newer and larger sign could be posted, it would be appreciated. The existing speed limit sign is just past the wide spot of the road.

No one from the public spoke uncommitted or opposed.

Ms. Nelson said in her analysis and comments, one thing Road and Bridge did suggest was that the private road name sign, post and regulatory stop sign be purchased by the applicant, and that Road and Bridge would post the sign. That may help with new traffic using this road onto Smith Lake Road.

Mr. Dougherty said someone might want to post a “slow down” sign just north of the corner. Ms. Nelson said she could look at the manual for traffic guide for a sign for that purpose. Chairman Dinning said that sign should be also be purchased by the applicant.

Commissioners closed the hearing to further public testimony.
Commissioner Cossairt said if Road and Bridge is happy, he’s happy. Commissioner Bertling said where the proposed road is at is where it should be.

Commissioner Cossairt moved to approve the variance request of Byler Building Systems, LLC and Edd Byler, parcel P62N01E010011A, now RP62N01E010016A, a road approach that does not meet Boundary County Standards Ordinance 2020-2, Section 3.3.B., with the following conditions: A, upon approval of this variance, the applicant will complete a Road and Bridge approach permit and construct the approach; B, the private road name sign, post and regulatory stop sign is to be purchased by the applicant. Signage will be installed by Road and Bridge; C, upon approval of this variance, the variance granted approach location will be recorded with the Findings and Decision letter and a copy of Recorded Instrument Number will be provided to the applicant. Staff is directed to prepare written findings, a decision and terms and conditions of approval of Variance Application #7-2021. A road sign is to be placed at the intersection to the north on Smith Lake Road warning of an intersection. Commissioner Bertling second. Motion passed unanimously.

The hearing to consider Variance Application #7-2021 ended at 10:48 a.m.

11:00 a.m., Commissioners held a public hearing to consider a variance of a location of an approach permit, to Road Standards Ordinance 2020-2, Application #6-2021. The applicant is Shem Johnson. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and John Marquette with JRS Surveying, who is representing the applicant. The hearing was recorded.

Chairman Dinning reviewed the hearing procedures. No one had any questions regarding the procedures and Commissioners cited no conflict of interest.

Chairman Dinning opened the hearing and asked Mr. Marquette for an opening statement. Mr. Marquette stated that Mr. Johnson started doing some work to create an approach and he was informed that he may need to get a variance due to where Mr. Johnson wants to put in his driveway for the subdivision. The legal access to Mr. Johnson’s property was cut off in the 1970s and Mr. Marquette referred to Ordinance 72-6 and he said that this abandoned the road to the north, which was the access to the subdivision. The lots to the northwest have been sold, according to Mr. Marquette.

Chairman Dinning asked Mr. Marquette about the map. It was said all lots are in the subdivision, except for three. Chairman Dinning asked about access to the Gorsline subdivision and if it has been abandoned and Mr. Marquette said it’s still in place. Chairman Dinning said when asked about use, the county has received some complaints that this is a gravel pit. Mr. Marquette said it looks like a gravel pit now due to the rock work that has been done. Mr. Johnson has another 40 acre piece on Highway 1 and most of the rock will be for a road. One of the proposed parcels has a home on it and the other lots will be leveled out. Mr. Marquette said the property is not a gravel pit, but it probably looks like one now. Chairman Dinning questioned, if Mr. Johnson is buying the old Schoolhouse property, would it be a better approach. Ms. Nelson said no.

Ms. Nelson said this is a proposed approach location for a pending subdivision location, which is still in the hearing process. The approach is 217 feet south of an existing approach and since Porthill Loop is a major collector route, the distance between an existing access or interaction needs to be 330 feet. Ms. Nelson mentioned sight characteristics and she said when Mr. Johnson first met with them he wanted to enter the property near the corner, but that area didn’t have good sight distance.

No one from the public was present to offer testimony in favor, uncommitted or opposed to the application.

Mr. Marquette did not provide a closing statement.

Commissioners closed the hearing to further testimony.

Commissioner Bertling moved to approve the variance as provided: to approve the variance request of Shem Johnson, parcel #RP00860001007AA, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B. with the following conditions: A, upon approval of approach and prior to plat recordation, plat to be updated to show recorded variance granted approach location and to show instrument number from recorded Findings and Decision letter. B, upon approval of Planning and Zoning #21-0138, subdivision application for a short plat and related plat recordation, applicant will complete an approach permit with Road and Bridge. C, approach construction to be completed prior to any work within subdivision to maintain integrity of Porthill Loop and to allow installation of traffic control signage to be placed prior to any traffic usage. D, approach to be paved for minimum of five feet back from Porthill Loop road edge and for a minimum width of 40 feet. E, the private road name sign, post and regulatory stop sign be purchased. Signage will be installed by Road and Bridge. F, the variance shall run with the land unless as described in paragraph g. G, should proposed division in application not occur within one (1) year from the date of this document, variance will be terminated and shall not run with the land. Staff is directed to prepare written findings, a decision and terms and conditions of approval regarding application #Var 6-2021. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Bertling moved to amend his prior motion to include the statement that this is a three lot subdivision. Commissioner Cossairt second. Motion passed unanimously.

The hearing ended at 11:19 a.m.

Commissioners recessed for lunch at 12:00 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., County resident Mike Stephens joined the meeting to discuss his request regarding the abandonment of a county right-of-way. Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris also joined the meeting.

Mr. Stephens explained that there is a right-of-way that he would like the county to abandon to him. Mr. Morris said he has a meeting with a surveyor to explain this matter, but that meeting is not until next Monday. Mr. Stephens described the right-of-way at Gandhi Way and he said he thought the county had either purchased the whole railroad right-of-way or a portion of it in 1922. Mr. Stephens explained that he built his house there in 1993 and how he had calculated the setbacks. JRS Surveying is now surveying the property using satellites and they’re saying the right-of-way cuts through his home. Mr. Stephens said he is ready to sell his house, but the realtor won’t take the sale on since it encroaches on the county road. JRS Surveying has been shown where the three pins are for his property, and Mr. Stephens said he wanted the fourth pin in place for potential buyers. Mr. Stephens said he wanted to see if Commissioners can abandon the railroad right-of-way and get the property back to the property owners on both sides of the road so he can sell his home.

Ms. Nelson said there is a deed from the Great Northern Railroad to the county in year 1922, but she has not had the chance to check with the Assessor’s Mapper to see if she can overlay it. There are probably some things in the deeds for Commissioners to look over if they want to abandon this right-of-way as it says if this right-of-way is not used for a public highway, it reverts back to the Great Northern Railroad. Ms. Nelson said the deed was to convey and quit claim this right-of-way to the county for public highway purposes. Ms. Nelson said the only thing she’s not sure of is what the legal description is. Mr. Stephens questioned what his options are. Chairman Dinning said if the county still owns this right-of-way, JRS Surveying should be able to set the fourth pin as they have a legal description from when it was transferred. After that, Commissioners don’t know what the next steps are because if the county goes to transfer the property, a title company is going to list that as an exemption based on the deed. Chairman Dinning suggested Mr. Stephens have his meeting with JRS Surveying and then come back to meet with Commissioners. Commissioners talked about satellite imagery not being that accurate.

Mr. Stephens questioned how it works if the area is deeded back to the railroad. Chairman Dinning said if the county transfers the property, it reverts back to the railroad. Mr. Stephens said if the railroad right-of-way nips the corner of his property, does the county claim just the 60 foot road ownership, or do we start the setback from the edge of the abandoned property to the house? Where would that setback be? Chairman Dinning said as far as Mr. Stephens knows, if he used 60 feet from the county road, his house is on his own property. Mr. Stephens said he measured 55+ feet from the centerline.

Chairman Dinning said it’s a 100 foot right-of-way and somewhere in that is the county road. The only issue might be setback distance from either the county right-of-way or the Burlington Northern Santa Fe line. If there wasn’t a setback requirement in the Land Use Ordinance at the time Mr. Stephens put his home in that location, then he’s okay. If there was setbacks in the ordinance and he’s closer to that, he can apply for a variance from Planning and Zoning. It was said the first thing to do is complete the survey so it can be determined if Mr. Stephens’s home is on his own land.

Mr. Stephens left the meeting at 1:50 p.m.

Ms. Nelson and Mr. Morris left the meeting at 1:55 p.m.

2:00 p.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to discuss quotes for 20 yard roll off containers. Mr. Skeen presented quotes to Commissioners and Clerk Poston. One quote for three roll offs totaled $23,730.00. The cost of freight is $800.00. It was said that having these containers would allow the outlying monitored dumpster sites to open. Mr. Skeen reviewed his second quote and said he reached out to a third company, but he has not heard back. These are the open top containers and he added that he would like to hold off on getting recycling containers. Mr. Skeen commented that freight is changing daily. Chairman Dinning mentioned American Made Dumpsters in Florida as far as their pricing and Mr. Skeen mentioned their containers are fairly banged up. Rule Steel is 13 weeks out for containers and Buck’s Fabrication is six to eight weeks out. Commissioner Bertling said he doesn’t have an issue staying with an Idaho company.

Commissioner Cossairt moved to approve Solid Waste Department Superintendent Claine Skeen to purchase three roll off containers for a total of $34,311.00 from Rule Steel Container in Boise. Commissioner Bertling second. Motion passed unanimously.

The meeting with Mr. Skeen ended at 2:14 p.m.

Commissioners tended to administrative duties.

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

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

***Tuesday, May 25, 2021, 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.

County Civil Attorney Tevis Hull and Personnel Director Pam Barton joined the meeting. Attorney Katie Brereton joined the meeting via conference call.

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 charge 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 9:55 a.m. No action was taken.

9:57 a.m., Jack Douglas, Walter Burrow, and Linda Fioravanti with North Bench Fire Association joined the meeting.

Mr. Douglas said he wanted to check the status of the proposed land lease between the county and North Bench Fire Department. Chairman Dinning mentioned that Attorney Hull is working on the draft and is checking with the Federal Aviation Administration on various matters to include the ability for North Bench Fire Department to purchase the property. Ms. Fioravanti asked if there is the ability to purchase the building, would the property line follow the same line as Iron Mike’s Gym. Chairman Dinning said Commissioners haven’t gotten to that step yet as the first step is just having a lease in place. Mr. Douglas mentioned needing to sit down with someone like Attorney Hull to work on this and he added that the current arrangement seems to be working out during the process of establishing a new lease. Chairman Dinning said the county has agreements that come to the end of their term and because things change over the years, there is a need to adjust those documents. Mr. Douglas said he will get in touch with Attorney Hull and also inform the North Bench Fire Department of the process. The parties are both good with status quo at this point.

The meeting with Mr. Douglas, Mr. Burrow and Ms. Fioravanti ended at 10:08 a.m.

Commissioner Cossairt moved to sign the Findings and Decision for Planning and Zoning #21-053, Mastre Long Plat for Commercial-Light Industrial. Commissioner Bertling. Motion passed unanimously.

Commissioner Cossairt moved to sign the Findings and Decision for Planning and Zoning Application #21-052, Eckblad Short Plat, Primitive Subdivision, once the Findings and Decision has been drafted. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to sign Lease Amendment No. Three to the Idaho Department of Corrections lease for office space for the State Probation Officer upon the recommendation of the county civil attorney. Commissioner Bertling second. Motion passed unanimously.

Commissioners tended to administrative duties.

11:00 a.m., Elaine Duncan and Ken Lustig, residents on Earl Lane Road, joined the meeting to voice concerns regarding a neighbor, Owen Benjamin, and the development taking place on Mr. Benjamin’s property. Also present were: Ann Brezina, Linda Tanaka, Diana Tombleson, Craig Kelson, Barbara Russell, Fred Farrington, Sam Testa, and Mike Weland for Kootenai Valley Times, and Bonners Ferry Herald Reporter Victor Martinez. Chairman Dinning clarified that this is a regular meeting; not a hearing. Chairman Dinning explained to those present that the legal process for a Planning and Zoning violation is for a complaint to be filed with Planning and Zoning, then it’s looked into and should it be determined there is validity to investigate if there is a violation, it’s turned over to the Prosecutor’s Office to handle. Commissioners have absolutely no place in that process, because this is a civil legal situation. Chairman Dinning added, with that said, he just wanted people to know the ground work going forward. Ms. Duncan showed Commissioners a complaint that was sent to the Planning and Zoning Office.

Chairman Dinning said as for all of the things he has seen regarding what is on the internet, there needs to be proof there is an actual violation that has occurred on the land as opposed to what’s being alleged, as it’s not known if that has occurred. If something has occurred, pictures would be sent on to Planning and Zoning. Ms. Duncan said information was sent to Planning and Zoning and she has noticed more activity on the property since. Ms. Duncan added that she did stop by the Planning and Zoning Office one month ago and the person in the office said they would have Planning and Zoning Administrator Clare Marley get back to her.

Mr. Lustig said he thought Commissioners could override Planning and Zoning. Chairman Dinning explained that he is thinking of the Planning and Zoning Commission, but Ms. Marley is the Planning and Zoning Administrator and the process is how he described it. Ms. Duncan said there was no response from Planning and Zoning for six weeks so that’s why they’re here before Commissioners. Ms. Duncan said the only reason this neighbor and their corporation is being talked about is because it puts a unique twist on the land use and she mentioned information last week as to a potential zoning violation. Ms. Duncan commented that she had provided background as to why this is such an imminent situation.

Chairman Dinning said once the notice of violation is received, the landowner is to respond to that notice. Ms. Duncan said she believes that Commissioners should send a cease and desist letter to the landowner. Ms. Duncan referred to Section 4.7 in the county’s Land Use Ordinance and it states that if there is cause to believe there is a violation, Commissioners may direct the Sheriff to assume responsibility for enforcement. Ms. Duncan discussed highlights included in her packet of information to include two letters to the Planning and Zoning Office. Ms. Duncan said she doesn’t need to explain the Ruby Ridge connotation. As many as 700 people may have donated funds to Mr. Benjamin. Ms. Duncan commented that she sent a letter to the Planning and Zoning Administrator in May with regard to Ruby Ridge and the notice of white supremacists. The press release refers to Mr. Benjamin as a cult leader and fringe conspiracy theorist and online postings were provided. Ms. Duncan said the information refers to Mr. Benjamin as a legitimate cult leader. Last week it came up that Mr. Benjamin purchased 40 cords of wood and 40 bags of concrete to build stone cabins on the property and that he would be hauling water from the river to mix the concrete and it was asked if Mr. Benjamin could do that. It was 50 degrees and raining on a Monday night and there was an apparent construction crew staged on the open area gas pipeline. There were multiple trucks and today a U-Haul truck was seen coming down the driveway and a backhoe was on the trailer. Ms. Duncan said she shudders to think what is going to happen this weekend or on July 4th.

Mr. Lustig said Mr. Benjamin has dates for a two week build and tactical fire arms training, and everyone can come. What if these followers, called bears, don’t get along with each other? This is a public nuisance. Ms. Duncan said she is really regretful that the process didn’t seem to be acknowledged by Planning and Zoning. It was said there is an email in which to send notice of violations, but there is not a quick response. It’s not the identity of the person, except for he’s running a commercial operation. The neighbors don’t want this. The agent for the corporation chose a bad site for what he wants to do. This area is zoned agriculture/forest where there are rules and regulations. This is not our problem. The existing neighbors have been there for decades. This is also not the county’s problem; it’s the property owner’s problem, but the county is the only one to do something about it. The lack of awareness is the property owner’s problem. Ms. Duncan said she knows that Planning and Zoning has to investigate this and the Sheriff should go and investigate this today. There is also probable cause that this will be detrimental to the public and a cease and desist letter is probably the way to go.

Chairman Dinning said at this point the Prosecutor just received this information and will need to work with them. It should be investigated as fast as possible, but the county still has to keep this in the framework of the process.

Mr. Lustig provided Commissioners with supplemental information and he commented that this is the last parcel of that subdivision. Most people in this area are between the ages of 60 and 83. Now they have to deal with some people of gang notoriety arriving with heavy weapons and it terrorizes people with lack of mobility or who are aged, etc. It interferes with the quality of life due to the inability to respond. People who live there pay taxes. Struggle Bear is a New York corporation, according to Mr. Lustig. It was said the residents are entitled to reasonable expectations of compliance of the zone designation. This is an entire stretch that is suburban and not open to this type of endeavor. Mr. Lustig said he understands that there must be a violation before anything can be done, but in this case it’s like you must shoot someone beforehand. Mr. Lustig said he served in the military and he doesn’t want to live out his years listening to this. Mr. Lustig added that he knows there is a process and he hopes Commissioners will ask the Planning and Zoning Administrator to expedite this. Mr. Benjamin has already started to build and it needs to be stopped at a point where both sides can be considered. A compound like this will affect property values. Mr. Lustig explained that he had lived in Hayden during the time of the Aryan nation and how that affected property values. What Mr. Benjamin is proposing to do is a special use, such as gun range or something else, and the county does have a process by which he can make application. Mr. Lustig said if this was an area adjacent to Bonners Ferry, he knows Mr. Benjamin wouldn’t be engaging in fire practices and he knows he will have a gun range on the property.

Chairman Dinning said if Commissioners miss a step in the process, it can invalidate what has been accomplished and that is part of where Commissioners are going with this. At this point Planning and Zoning and the Prosecutor have this matter so they will look at the pieces of the process and consult with the county’s civil attorney as fast as they can to determine if there is legitimacy. To go forward legally, the county cannot miss a step, according to Chairman Dinning.
Mr. Lustig said you have grown men running around with guns thinking they are Rambo. Commissioner Bertling asked if they’ve contacted the gas company about cars and machinery parking on the gas line. Mr. Lustig explained that Earl Lane Road is an unmaintained county right-of-way and beyond that it’s just two ruts. Even if Mr. Benjamin wanted a commercial operation, the road would have to be brought up to county standards.

The meeting with Ms. Duncan and Mr. Lustig to discuss their concerns ended at 11:35 a.m.

Commissioners contacted Dan Spinosa with Innovate!, Inc. about possibly working together on addressing. Chairman Dinning said Boundary County is being inundated and people can’t get addresses.

The phone call to Mr. Spinosa ended at 12:04 p.m.

There being no further business, the meeting adjourned at 12:04 p.m.

__________________________________
DAN R. DINNING, Chairman

Attest:

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