***Monday, November 4, 2019, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

County resident Marty Martinez and Blue Sky Broadcasting News Reporter Mike Brown were in attendance of the meetings off and on throughout the day. Leland Knight was also present.

Commissioners gave the opening invocation 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 provided. Ms. Nelson said she’s working on getting quotes for computers and telephones and making sure that everything is compatible with fiber optics. Clerk Poston said Matt Hodges with Computer Arts has mentioned that work involved with this project would be several hours; approximately 30 hours. Clerk Poston said when she estimated hours for the new contract with Computer Arts, she didn’t have this information so it’s outside of the scope of hours estimated in the regular contract. Mr. Hodges will speak with Computer Arts President Mitch Cromwell about it. Ms. Nelson said she’s also going to get a quote from Intermax. Intermax will provide a 40% discount, they work with Dell and it sounds like the cost is likely less than using Computer Arts. Ms. Nelson added that Intermax would also be working with telephones and the firewall for fiber optics for GIS and Mr. Hodges had commented to her that he would prefer Intermax handle those tasks. Ms. Nelson questioned if it would be better to have one company do it all. It was said that Computer Arts would handle the portion of the project that involves the Courthouse. The cost for this is between $10,000 and $16,000, but that covers many things. Road and Bridge does have budget for this work, according to Ms. Nelson. Ms. Nelson said a lot of Road and Bridge computers are older and running Windows 7. As of January 2020, these programs will no longer be supported with security updates.

Ms. Nelson informed Commissioners that she is working on the Transportation Alternatives Program Application and she may also need a letter of support in addition to the application. Ms. Nelson commented that Road and Bridge is reviewing the Transportation Plan and they will need to update the Five Year Plan, but it will be a lot easier if they did this annually. The Local Highway Technical Assistance Council through the Local Highway Rural Improvement Program has a program where you can do just an update of the Transportation Plan and LHTAC will provide $30,000 for an engineering firm to help out with the update.

Mr. Morris said Road and Bridge is still working on the salt brine tank and they did get a plastic tank from the State that they’re working on. It was said the salt for Road and Bridge has been ordered. Mr. Morris informed Commissioners that Road and Bridge is having their fire extinguishers inspected this week. Commissioner Cossairt asked about the salt brine and Mr. Morris said it’s supposed to be better than sand.

Chairman Dinning discussed railroad crossings and he said for all crossings the railroad is responsible for the footing distances. The concrete aprons take up the whole distance and everything else is the county’s.

Commissioner Cossairt moved to authorize the Chairman to sign the State/Local Agreement for Ruby Creek Bridge #2 Construction. Commissioner Kirby second. Motion passed unanimously.

The meeting with Ms. Nelson and Mr. Morris ended at 9:28 a.m.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for year 2019 to cancel $18.02 in tax and $178.40 in fees for an overall total of $196.42 for parcel #MH61N01E12470AA as the mobile home had burned down. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for year 2019 to cancel taxes totaling $1,027.26 for parcel #RP62N01E342251A in order to reflect the amount of the homeowner’s exemption. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Nancy Ryals joined the meeting at 9:29 a.m.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for year 2019 to cancel $53.60 in taxes for parcel #RP63N03E323160A in order to reflect the value correction. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for year 2019 to cancel $776.42 in taxes for parcel #RPB0160001002AA to reflect the amount of the homeowner’s exemption. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation form for year 2019 to cancel $197.86 in taxes for parcel #RP62N01E217201A to reflect the value correction. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Kirby second. Motion passed unanimously. 9:33 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to approve indigent case 2019-29. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Certificates of Residency for Julia Cummings and Aleah Jones. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Ryals left at 9:34 a.m.

9:40 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone.

Chairman Dinning clarified that the county is waiting to hear from the City of Bonners Ferry about hold harmless verbiage in the Pine Island Road Maintenance Agreement. Chairman Dinning said the only issues Road and Bridge Department Co-Superintendent Renee Nelson brought up were about utilities not being able to cross. Attorney Hull said that’s not really an issue for the county as that will be for the utility company to negotiate with Union Pacific Railroad. If utilities need to cross the county road, then Road and Bridge will need to deal with that.

It was said for clarification that Boundary County cannot assist the Veterans of Foreign Wars (VFW) Office with repairing the furnace, but Attorney Hull recommended the county enter into a one year lease with the VFW for approximately $3,900. Then after termination of this lease after one year, hopefully the VFW would be gracious enough to lease space again. Clerk Poston commented that the office of the County Veterans Service Officer is moving to the armory.
The call to Attorney Hull ended at 9:45 a.m.

Commissioner Kirby moved to approve the Commissioner meeting minutes of October 21 and 22, 2019 and the minutes of October 28 and 29, 2019. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Maintenance Agreement for Services with Valence Mission Critical Technologies for the Sheriff’s Office. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to approve and sign the Contract for Retainer as Conflict Counsel for Indigent Persons with Tom Bushnell for another one year term. Commissioner Kirby second. Motion passed unanimously.

Commissioner Kirby moved to approve and sign the Contract Retainer as First Appearance Counsel for Indigent Persons with Eric Anderson. Commissioner Cossairt second. Motion passed unanimously.

Commissioners tended to administrative duties.

9:58 a.m., Solid Waste Department Foreman Eric Owen joined the meeting to give the Solid Waste Department report.

Mr. Owen said there is one more revision needed to the Operation Plan, but it’s getting close. The landfill is continuing to have major equipment issues. The transmission went out in a garbage truck, but now that it has a new transmission it’s working fine. A loader is also having issues with its regeneration system. Mr. Owen informed Commissioners of an issue with a top end of a truck, but said it’s still running. The Solid Waste Department is still getting ready for winter. There is a new operator position open and it closes on November 12th. Those present discussed matters pertaining to the wood pile.

The meeting with Mr. Owen ended at 10:11 a.m.

10:35 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the Probation Department report.

Ms. Brown said there are 26 juveniles on probation ranging in age of 13 through 20 with 18 males and eight females. There are two people in the diversion program consisting of a 13 year old and an 18 year old. There are 39 cases on adult misdemeanor. Unsupervised probation is at 133 people, but that number fluctuates. Drug court has six participants and there are seven people released on their own recognizance.

Ms. Brown said Halloween was a treat this year and they had 334 kids come through, which is a lot more than last year.

Ms. Brown informed Commissioners that there is currently a mouse issue at the armory so they will put out traps.

It was said that Chairman Dinning, Clerk Poston and Sheriff Dave Kramer met with Cory Trapp with Longwell + Trapp Architects last week and confirmed floor plans for the armory remodel. The project will most likely go out to bid around the end of this year.

Chairman Dinning spoke of general work that needs to be done that could be done by community service workers. Ms. Brown asked with the snow coming, will Courthouse Maintenance John Buckley be able to take care of making sure the parking lot is accessible. Chairman Dinning said Commissioners are trying to alleviate Mr. Buckley’s work load and the Probation Department may need to shovel their sidewalks.

The meeting with Ms. Brown ended at 10:45 a.m.

11:01 a.m., Courthouse Maintenance John Buckley joined the meeting to give his department report.

Mr. Buckley informed Commissioners that he should be getting a bid from Travis Blackmore in a few weeks, but that he is having trouble in general getting bids for repairs to the Sheriff’s Office roof. Mr. Buckley said he’s been busy and he’s currently getting ready for the election tomorrow. Chairman Dinning said Commissioners talked to Chief Probation Officer Stacy Brown about how Commissioners would prefer community service workers shovel snow for them this winter instead of Mr. Buckley doing it. Mr. Buckley commented that he is getting snow removal equipment and salt ready for winter. Mr. Buckley said the cost for a pallet of salt is $600. Mr. Buckley stated that he would use the pickup with the plow on it to keep the parking lot open for the Probation Office. Mr. Buckley briefly spoke of which locations he plows snow. Chairman Dinning said Commissioners are trying to keep his work load lighter and they will also talk to the Fair Board about what plowing they need to take care of themselves.

Clerk Poston said Levi Falck called her about the water leak at Rocky Point boat launch and he asked about a company coming up from Coeur d’ Alene. Mr. Buckley commented that Mr. Falck is on Search and Rescue and he also a Sheriff’s reserve. The City of Bonners Ferry had a water line put in and the meter itself is approximately 70 yards from the old mill office and it’s surrounded by three ecology blocks. Those present discussed where the meter should be located. Clerk Poston said when the saw mill did their construction, the City of Bonners Ferry wanted a bigger water line across there. It was said the issue might be a city line. Mr. Buckley said he was assured of the only place this water line goes to and that is why the meter is where it’s at. Mr. Buckley said there was a water leak and the meter was spinning out of control. Mr. Buckley added that he has also discussed these matters with Waterways Board Chairman Darron Branson. The water was shut off when it was discovered the meter was spinning.

Mr. Buckley informed Commissioners that he got Cool-it to service the furnace in the Waterways building and he could hear there was an issue with the fan. Commissioners and Mr. Buckley also discussed condensation in the Fair Board Office so he will get vents installed in the roof. Mr. Buckley said he has vent caps to install at the Sheriff’s Office as well.

Chairman Dinning said he would contact Kevin Dirks with Northwest Paint and Pre-Stain to get a time frame for paining the courtroom ceiling and the exterior of the Courthouse. Mr. Buckley said there are a few ceiling tiles that need to be secured in place prior to painting, but he needs some pretty interesting scaffolding or a special ladder to get that done due to where these tiles are located.

The meeting with Mr. Buckley ended at 11:19 a.m.

Commissioners tended to administrative duties.

11:30 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to give the department report. Also present was Restorium Board member Jeanne Robinson. Ms. Lane presented a report for the months of July through September 2019. There are currently 37 residents at the Restorium and there are three half rooms available for female residents.

Ms. Magee said the new boiler is being tailor made to the Restorium and it will be ready very soon. Food costs show an increase due to changes in the kitchen at the Restorium, but costs should be back to normal next month. Chairman Dinning said it would be interesting to know how much meat from the fair, in pounds, was donated to the Restorium.

Ms. Magee discussed the false alarm signal at the Restorium. The alarm was inspected and the notice didn’t register on the panel. No evacuation had to be done, according to Ms. Magee. Practice evacuations are held once per month. Those present discussed the current new room rate and if Medicaid will increase their rate. Ms. Magee said increases usually take place in January, but it’s usually by an amount that social security benefits increase so it’s a wash.

Commissioners were informed that approximately two weeks ago all Restorium residents had been vaccinated against the flu, with the exception of one resident who refused the vaccine. Chairman Dinning said full-time staff may be interested in finding out if the cost of the flu vaccine is covered by county insurance. Those present discussed contacting the Panhandle Health District to inquire about the cost of a flu shot.

Ms. Magee questioned the ability to use funds in the Restorium Memorial Fund to purchase new dining room chairs. Chairman Dinning said that should be a function of the normal operating budget. The Friends of the Restorium are willing to pay a portion of the cost if the remaining cost could be covered by the Restorium Memorial funds. Ms. Magee said the cost per chair is $331 so 23 chairs would cost approximately $7,600 and $14,000 for 46 chairs. Clerk Poston said the Memorial Fund somewhat ebbs and flows. Ms. Magee said if she could use those funds for chairs, she would be grateful. Ms. Magee informed Commissioners that the Friends of the Restorium donate $25 per person for Christmas gifts.

11:55 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)d, to consider records that are exempt from disclosure. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously.

Ms. Magee and Ms. Lane left the meeting at 12:09 a.m.

The executive session ended at 12:11 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 Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Commissioners held a hearing to consider a moratorium on urban subdivisions. Present were Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator John Moss, County resident Karen Glazier, City of Bonners Ferry Administrator Lisa Ailport, City of Bonners Ferry Prosecutor Andrakay Pluid, County Civil Attorney Tevis Hull and Blue Sky Broadcasting News Reporter Mike Brown. The hearing was recorded.

Commissioners are considering a moratorium, pursuant to Idaho Code Statute 67-6523, “Emergency Ordinances and Moratoriums”, as it pertains to urban subdivisions referenced in Boundary County Land Use Ordinance 9B18LOV2 – Section 11.3.7 Urban Subdivision: “Subdivision by long plat to create lots intended for residential development in which any lot proposed is less than 2 ½ acres in size.”

Chairman Dinning stated, the reason for the hearing is that there appears to be a conflict between the Comprehensive Plan and Boundary County Land Use Ordinance 9B18LOV2, Section 11.3.7, pertaining to urban subdivisions. At this point Commissioners have an obligation to discuss this matter and to determine if there is an issue that meets the emergency ordinance and moratorium section of Idaho Code 67-6523, where the governing board determines if there an imminent peril to the public health, safety or welfare.

Chairman Dinning said for urban subdivisions as spoken in Chapter 11.3.7, ”Urban Subdivision”, it states subdivision by long plat to create lots intended for residential development in which any lot proposed is less than 2 ½ acres in size. Chairman Dinning said as he understands conflict, we’re talking about that it appears this opens the door to any size zoning area or that it could, and that the county’s Comprehensive Plan, in fact, says something different than that. Commissioners need to discuss this and come to a conclusion and Commissioners only have these three things to consider; which is peril to public health, safety or welfare. This is a hearing just for Commissioners, not a public hearing. Attorney Hull agreed. Attorney Hull added that as Commissioners go about their discussion, they also need to take into consideration that if their decision is to enact an ordinance or moratorium, the Commissioners’ decision needs to be put in writing in the resolution and the specific reasons for that decision need to be articulated for the findings for that resolution. Commissioners said having only been involved in a moratorium once before, they will trust their attorney.

It was said the Comprehensive Plan is to add guidance to the Zoning Ordinance. Chairman Dinning said the public, when they purchase property, has expectations of consistency with what their zone district is about and what the requirements are. Some requirements don’t allow splits below a certain minimum acreage, etc. When we talk about this issue, the direct conflict is between consistency with the ordinance and the expectation of the public to have something they can count on as also being consistent. Chairman Dinning added that going forward, he’s thinking that Commissioners want to look at the statute regarding a declaration of a moratorium or emergency ordinance and if the verbiage can be construed to allow any size of division within any zone, because he thinks there is a direct error or conflict. Using the example of the largest area of 10 acre minimums, if those minimums can be circumvented to where someone can go down to 2.5 acres and create mini subdivisions within that rural context, is that something that falls under imminent peril to safety or welfare and that is what we’re here to discuss. Chairman Dinning said he feels it is an imminent peril to the welfare of those who have purchased property with an expectation that the area won’t be divided below that minimum acreage for that district. Commissioner Cossairt said he agrees in that people buy land with expectations of what they bought, such as buying within a five or ten acre minimum zone. Commissioner Kirby said he has to agree with Commissioner Cossairt. When you buy property that is zoned a certain way, you expect it to stay that way and you bank on that. Chairman Dinning commented to Attorney Hull that for this section on an emergency ordinance it says imminent peril to health, safety or welfare. Attorney Hull said when talking about acreage minimums, in the ordinance it refers to density as opposed to acreage minimum. Chairman Dinning said when it comes to density, it does affect the welfare and the county needs to look into what can fix that. It was said for clarification that this action could not be put into place retroactively. Attorney Hull said that was correct and the effective date would be from today forward. Attorney Hull added that a moratorium cannot be greater than 182 days and if there is any consideration to do nothing within that time frame, then the moratorium ends there and Commissioners just carry on with the existing ordinance. If the ordinance will be considered after a moratorium is put into place, the process has to go through Planning and Zoning and hearings have to be held before the Commissioners for the public hearing process. If Commissioners are only looking at an application for a moratorium, it only places a moratorium on urban subdivisions.

Mr. Moss said in the Planning and Zoning Commission’s effort, there is a proposal to change this part of the ordinance. It’s imminent, but it’s tabled until next month and it deals with this specific matter.

Chairman Dinning said at this point where are we in the process? Attorney Hull said if Commissioners have completed their discussion to determine imminent peril to the general public welfare, Commissioners need to make a motion and state their reasons why in their motion. When the vote occurs, if the vote is to have a moratorium, that motion needs to state the reason why and it needs to be included in the resolution. Attorney Hull added that Commissioners also need to recognize that the moratorium lasts no longer than 182 days.

Commissioners will move forward with determining there is imminent peril to the general public welfare. Attorney Hull said the consideration is imminent peril to public welfare. There is no discussion for health or safety so it’s just for the welfare. Attorney Hull stated that he heard Commissioners speak about people purchasing property in specific zones and having the expectation of that density within that specific zone and that with urban subdivisions in the ordinance as written, usurps the density in those zones. The public spends money on their property and the improvements with expectation that they would have the minimum density with those zones and that the ordinance would be consistent with the Comprehensive Plan.

Chairman Dinning asked Commissioners if there was more discussion. Commissioner Kirby said he wonders what the effects would be on proper septic services as it pertains to the regulations of the Panhandle Health District with regard to septic tanks and room necessary for drain fields. Chairman Dinning said if a subdivision is approved, Panhandle Health District would have to sign off. Commissioner Kirby said density is one of the issues as 2.5 acres is fairly small. Attorney Hull said the ordinance actually allows lots below 2.5 acres and that is one of the concerns. Commissioner Kirby said the size can get right down to nothing and it’s not good for people. The financial expectations keep coming up and Attorney Hull said it’s that loss of investment dollars. Commissioner Cossairt said he agrees. A person buys property with an expectation of what the neighborhood is and someone can find a way to circumvent that.

Chairman Dinning asked if there was any further discussion. Attorney Hull said Commissioners might want to talk about consistency in expectations as far as what purchasers of property can expect. Commissioner Kirby discussed people wanting to purchase property and asking about what they can do with their property and what zone they are in and then the rules are relaxed or changed at a later time.

Chairman Dinning spoke of matters pertaining to the zone ordinance usurping the Comprehensive Plan, which would be significant as zone density was heavily discussed and there were years spent on the Comprehensive Plan. Attorney Hull said Commissioners might want to consider consistency or inconsistency of applications, etc., and the public having an expectation that the process is going to be uniformly followed. Commissioner Kirby said he knows the public has the expectation that the rules will be followed and they need to bank on that the property they purchase is protected by the ordinance. Chairman Dinning said if the county did not address this, it could lead to potentially inconsistent applications, inconsistent standards, densities, etc. Chairman Dinning said he goes back to a former county attorney and the statement of treating everyone equal. Commissioner Kirby said it’s our duty to take care of an error if there is one. New rules have to protect people who are already in a zone as well as protect the people who wish to be there. Commissioner Kirby added that it’s the county’s duty to ask the Planning and Zoning Commission for a fix to take care of this and make it right. To hold a hearing and give those a chance to speak. Chairman Dinning said each application is looked at differently as they stand on their own merits. To have inconsistency between the ordinance and the Comprehensive Plan can create difficult situations.

Commissioners had no more discussion.

Commissioner Kirby moved that there is a definite imminent peril to public welfare and moved to declare a moratorium on urban subdivisions as defined in Boundary County Land Use Ordinance 9B18LOV2, Section 11.3.7, for a period lasting no more than 182 days. Commissioner Cossairt second. Motion passed unanimously.

It was said the matters discussed in the hearing are the findings.

Commissioner Kirby moved that the findings discussed are that there will be a moratorium on urban subdivisions as there is imminent peril to the public welfare based on reasons discussed, which will be incorporated into Commissioners’ motion and the resolution. Commissioner Cossairt second. Motion passed unanimously.

The hearing to consider a moratorium on urban subdivisions ended at 2:00 p.m.

Commissioners tended to administrative duties.

2:30 p.m., Planning and Zoning Administrator John Moss and Ruen-Yeager & Associates Land Use Planner Clare Marley joined the meeting to discuss having Ms. Marley assist Mr. Moss in the Planning and Zoning Office.

Chairman Dinning stated that about one month ago he contacted Ms. Marley about assisting the Planning and Zoning Office to help Mr. Moss get caught up. Chairman Dinning asked if the various Planning and Zoning applications can be submitted by applicants to Mr. Moss online. Mr. Moss said yes, but the applicant has to also submit the fee so it doesn’t really work to do that. Ms. Marley explained the levels of involvement her company provides to other businesses and she said she can provide many levels of assistance based on the needs. Ms. Marley presented Commissioners with information on her professional background, services provided and associated costs. Mr. Moss said there is a feeling that what help he needs is secretarial in nature, but it’s not as when he’s not in the office, a person would need to be able to fill in for him and do the same things he does. Chairman Dinning said this is just discussion on everything and to see if there is any work that Ms. Marley can do from her own location. Mr. Moss explained his process involving the county mapper, the Road and Bridge Department, scheduling hearings, etc. Mr. Moss informed Commissioners that only one-quarter of the applications he receives involve Commissioners, but these are the applications that take three-quarters of his time. Mr. Moss said his work hours are to consist of 28 hours per week, but it’s approaching 40+ hours. Mr. Moss said he wants to make sure if he is gone, that someone knows what he does in the office. Mr. Moss explained that his system is not electronic and is old school. Chairman Dinning said he envisions getting caught up then taking a look at possible changes.

Mr. Moss left the meeting at 3:09 p.m.

Commissioners reviewed the proposed contract with Ms. Marley.

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

Ramone Rose stopped by Commissioners’ Office to discuss matters pertaining to airport hangar lease agreements. Commissioners informed Mr. Rose that he would need to get on the agenda to have this discussion.

Mr. Rose left the meeting at 3:24 p.m.

3:24 p.m., County Mapper Olivia Drake joined the meeting to discuss matters pertaining to establishing addresses from the Kootenai River.

Ms. Drake informed Commissioners that Boundary County may need to eventually learn about addressing from the Kootenai River, but the Gibbons addressing matter will push the issue. Chairman Dinning said there needs to be a division, such as Kootenai River East or Kootenai River North, etc. Commissioners suggested that Mr. Drake attend the next Local Emergency Planning Committee and discuss addressing from the river and get input from emergency responders.

The meeting with Ms. Drake ended at 3:45 p.m.

Commissioner Cossairt moved to adopt Resolution 2020-5. A resolution of the Boundary County Board of Commissioners to establish a moratorium regarding urban subdivisions in Boundary County. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-5 reads as follows:

RESOLUTION 2020-5

A RESOLUTION OF THE BOUNDARY COUNTY BOARD OF COMMISSIONERS
TO ESTABLISH A MORATORIUM REGARDING URBAN SUBDIVISIONS IN BOUNDARY COUNTY

WHEREAS, Idaho Code Statute 67-6523, EMERGENCY ORDINANCES AND MORATORIUMS provides for the ability of the Boundary County Board of Commissioners to hold a hearing to determine if there is an imminent peril to the public health, safety, or welfare, and

WHEREAS, the Board of Boundary County Commissioners held a hearing on November 4, 2019, to consider placing a moratorium on urban subdivisions in Boundary County, and

WHEREAS, urban subdivisions is referenced in Boundary County Land Use Ordinance 9B18LOV2, Section 11.3.7 and is described as, “Subdivision by long plat to create lots intended for residential development in which any lot proposed is less than 2 ½ acres in size.”, and

WHEREAS, Commissioners find that there is imminent peril to the general public’s welfare for the following reasons as stated below:

1. Apparent conflict between the Comprehensive Plan and Boundary County Ordinance 9B18LOV2, Section 11.3.7.

2. Property owners have an expectation of minimum density in zones

3. Application for urban subdivisions may not result in a consistent manner

4. Density requirements can be usurped by the urban subdivision ordinance

5. Purchasers of land, improvements and investments in zones can be affected by inconsistent applications of the urban subdivision

NOW THEREFORE BE IT RESOLVED, the Board of Boundary County Commissioners moved to adopt a moratorium on any application for urban subdivisions in Boundary County pursuant to Boundary County Land Use Ordinance 9B18LOV2, Section 11.3.7., beginning November 4, 2019, and not to exceed 182 days.

PASSED AND ADOPTED THIS 4th DAY OF NOVEMBER, 2019.

BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/_________________________
Dan R. Dinning, Chairman
s/_________________________
Wally Cossairt, Commissioner
s/_________________________
Walt Kirby, Commissioner
Attest: s/____________________
Glenda Poston, Clerk
Recorded as instrument #279765

3:55 p.m., Road and Bridge Department Co-Superintendent Renee Nelson and Secretary Kylie Byars joined the meeting briefly to discuss certificates of insurance.

Ms. Nelson and Ms. Byars left the meeting at 4:05 p.m.

There being no further business, the meeting adjourned until tomorrow at 2:45 p.m.

***Tuesday, November 5, 2019, at 2:45 p.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

2:45 p.m., Road and Bridge Department Co-Superintendent Renee Nelson joined the meeting to obtain a signature on project documents. Ms. Nelson said the document is the Transportation Alternatives Program (TAP) pre-application and it’s certifying that the county is familiar with the TAPs program and requirements. The project is the Naples Elementary School Pedestrian Safety Improvement, which is within the county’s right-of-way and there are no known environmental issues. Ms. Nelson said it may be year 2023 before the project is constructed. This takes place along Schoolhouse Road where there will be flashing beacon lights across this road at the Deep Creek Loop junction as well as another light across Stage Coach Road by the fire station to go across the railroad tracks. There will be a sidewalk along the school and barriers will be placed to designate the bus turn around.
Ms. Nelson said this project does really look at mobility for the trucking industry and children safety. Ms. added that she spoke with various agencies to request letters of support. Boundary County will need to cover the project costs prior to getting reimbursed at 7.34%. The cap for this project is $500,000.00. Ms. Nelson said if the project were to cost the entire amount of $500,000.00, the match amount owed would be $36,700 based on 7.34% and the county pays for the project overruns. The project must be brought to completion before receiving reimbursement, according to Ms. Nelson.

Public Defense Commission Regional Coordinator Aaron Freudenthal and Deputy Clerk Nancy Ryals joined the meeting at 2:56 p.m.

Commissioner Cossairt moved to authorize Chairman Dinning to sign the Local Public Agency’s Certificate of Completion of Right-Of-Way Activities/Transportation Alternatives Program (TAP) 2020 Application for the Naples Elementary School Pedestrian Improvement Project. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Nancy Ryals briefly updated Commissioners on a request for reimbursement.

Commissioner Cossairt moved to approve and sign Request for Reimbursement #9 for the South Boundary Hazardous Fuels Reduction Project, 16WFM-Boundary, in the amount of $61,182.04. Commissioner Kirby second. Motion passed unanimously.

Deputy Clerk Ryals left the meeting.

Ms. Nelson mentioned an issue with access to Bonner Lake Road via Ridgewood Road. Google shows there is access to Bonner Lake from Ridgewood Road when there actually is no access. Ms. Nelson asked if Road and Bridge could put a sign up that will inform people the road ends or that states there is no access and Commissioners said yes.

Road and Bridge Department Co-Superintendent Randy Morris joined the meeting.

Mr. Morris and Ms. Nelson left the meeting at 3:10 p.m.

Mr. Freudenthal met with Commissioners for a quarterly update on Public Defense Commission matters. Mr. Freudenthal, Commissioners and Clerk Poston discussed various matters to include annual reports received so far, continuing education credits needed, etc.

3:14 p.m., Supervisory Court Clerk Della Armstrong joined the meeting.

Those present discussed information pertaining to work load funding, overage of contract hours by public defenders, attorneys, retention funds, oversight, indigency, etc. Mr. Freudenthal spoke of continued work on rules, clarifying potential inconsistencies and the budget for public defense.

4:06 p.m., the meeting to discuss public defense matters ended and Mr. Freudenthal and Ms. Armstrong left the meeting.

Commissioner Cossairt moved to adopt Resolution 2020-6. Resolution authorizing the disposition of records of Boundary County Commissioners’ Office. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-6 reads as follows:
RESOLUTION 2020-6

A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY COMMISSIONER’S OFFICE

WHEREAS, the Boundary County Commissioner’s Office is currently storing old Certificates of Residency/Affidavits for Boundary County residents who have applied to North Idaho College, College of Southern Idaho; College of Western Idaho, and the College of Eastern Idaho; and

WHEREAS, due to lack of storage space, the Boundary County Commissioner’s Office has requested permission to dispose of old records; and

WHEREAS, the Boundary County Civil Attorney has advised the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:

The following records have been deemed temporary by the Boundary County Commissioners on the advice of the County’s Civil Attorney and temporary records must be kept for a minimum of two years. The following records are to be shredded:
• Certificates of Residency/Affidavits for North Idaho College, the College of Southern Idaho, the College of Western Idaho, and the College of Eastern Idaho – Years 2015-2017.

Regularly passed and approved on this 5th day of November, 2019.

COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/________________________
Dan R. Dinning, Chairman
s/________________________
Wally Cossairt, Commissioner
s/___________________________
Walt Kirby, Commissioner

Reviewed by and on advice of the County’s Civil Attorney this 5th day of November, 2019.

s/_____________________________
Jack Douglas
Boundary County Prosecuting Attorney
ATTEST:
s/_________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
By: Michelle Rohrwasser, Deputy
Recorded as instrument #279788

Commissioner Cossairt moved to adopt Resolution 2020-7. Resolution authorizing the disposition of records of Boundary County Commissioners’ Office. Commissioner Kirby second. Motion passed unanimously. Resolution 2020-7 reads as follows:

RESOLUTION 2020-7

A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY COMMISSIONER’S OFFICE

WHEREAS, the Boundary County Commissioner’s Office is currently storing various old Certificates of Insurance; and

WHEREAS, due to lack of storage space, the Boundary County Commissioner’s Office has requested permission to dispose of these old records; and

WHEREAS, the Boundary County Civil Attorney has advised the Board of Boundary County Commissioners regarding the classification of such records pursuant to Idaho Code 31-871; and

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:

The following records have been deemed semi-permanent by the Boundary County Commissioners on the advice of the County’s Civil Attorney and semi-permanent records must be kept for a minimum of five years. The following records are to be shredded:
• Certificates of Insurance - Years 2004-2014.

Regularly passed and approved on this 5th day of November, 2019.

COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/_______________________
Dan R. Dinning, Chairman
s/_______________________
Wally Cossairt, Commissioner
s/________________________
Walt Kirby, Commissioner

Reviewed by and on advice of the County’s Civil Attorney this 5th day of November, 2019.

s/__________________________
Jack Douglas
Boundary County Prosecuting Attorney
ATTEST:
s/________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
By: Michelle Rohrwasser, Deputy
Recorded as instrument #279789

Commissioner Cossairt moved to sign the Invoice Summary, Requests for Reimbursements and Federal Financial Reports associated with Airport Improvement Project #3-16-0004-014-2016. Commissioner Kirby second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Certificate of Residency for Josephine Leyden. Commissioner Kirby second. Motion passed unanimously.

The meeting adjourned at 4:37 p.m.

_______________________________
DAN R. DINNING, Chairman
ATTEST:

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