***Monday, August 12, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Sheriff David Kramer and Undersheriff Rich Stephens joined the meeting. Undersheriff Stephens asked Commissioners for their thoughts about writing a letter or sending a request to the Idaho Transportation Department (ITD) to ask them to consider restricting the School House Road/Highway 95 intersection access. This would be to restrict northbound traffic from turning left from Highway 95 onto School House Road. This intersection has become a bad location and there is not a lot of room to work with for vehicles turning. Undersheriff Stephens said he spoke with members of the Idaho State Patrol (ISP) and local ITD Foreman George Shutes about this and Mr. Shutes would like to have School House Road blocked off, but then you have residences located between the railroad and the highway and they would be trapped if something happened, so we would need to look at an emergency access gate for fire and hazmat incidents.
South Boundary Fire Protection District Chief Allen Merritt joined the meeting at 9:00 a.m.
If South Boundary Fire District has to respond to an incident and use this access to get out onto the highway, there could be a gated access. Signage about no left-hand turns was suggested. The recent fatality at this intersection was brought up as one of the reasons this is not a safe intersection. Undersheriff Stephens said there are a lot of pros and cons to blocking this access. The cons being the drivers who would have to turn left from Trail Creek Road onto the highway to head south and this is across the highway from School House Road. This recent accident at School House Road and Highway 95 is the first fatality, but there have been several accidents between the Naples Bridge on Highway 95 and Mountain Meadows Road and there have been a lot of near misses. Mr. Shutes and ISP would be in favor of a limited, more controlled access.
Chief Merritt said both directions northbound and southbound on the highway are a problem. Truck drivers follow their GPS and it’s telling them the fastest route is on School House Road. There needs to be larger signage for both north and south traffic. Chief Merritt said leaving the road open would be best for responding to emergencies. South Boundary doesn’t ever return to the fire station from the School House Road intersection at the highway, but they do turn onto the highway from there. Undersheriff Stephens discussed traffic alternatives involving Mountain Meadows Road. Chairman Bertling said he has no problem requesting a better option from ITD.
Sheriff Kramer said with the Highway 95 project at McArthur Lake project, he was hoping to leave one of alternate routes accessible, because there are no other routes to use in an emergency if the highway at that corner is blocked. Sheriff Kramer said Boundary Ambulance Service Chief Jeff Lindsey did receive a response to his correspondence with ITD that states because the project is to improve the bridge and create a wildlife undercrossing, the old material has to be removed. This is also an environmentally sensitive areas with wetlands impacts. Commissioner Robertson asked what a solution would be and who would be called to flag the bridge for ag equipment. Chief Merritt said he’s been called to flag before. Undersheriff Stephens said the Sheriff’s Office has been called before as well. Sometimes these large haulers will move very early in the morning.
Sheriff Kramer clarified statements made in a recent article about Sheriff’s patrols and code enforcement in Moyie Springs.
Sheriff Kramer asked the status of Stimson Lumber’s road above the snowmobile park. Chairman Bertling said IDL has it closed.
9:30 a.m., County Civil Attorney Bill Wilson joined the meeting to update Commissioners on various matters he’s working on.
The meeting with Sheriff Kramer, Undersheriff Stephens and Chief Merritt ended at 9:30 a.m.
Commissioners and Attorney Wilson discussed the process of road validation for Labrosse Hill Road.
Attorney Wilson left the meeting.
10:00 a.m., County IT Director Matt Hodges joined the meeting.
Mr. Hodges informed Commissioners that the county has ESET virus protection and it’s adequate, but he would like to switch protection to a system that has a lot more features and functions. The cost of the new virus protection is approximately $5,000.00 and he does have funds in his budget. Commissioners were in favor of this upgrade.
Mr. Hodges left the meeting at 10:02 a.m.
Commissioner Cossairt moved to sign Certificates of Residency for Erin Carpenter, Aliah Bard, Kierra Driggs, and Sydnee Blevins. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve Commissioners’ minutes of July 22 & 23, 2024. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Professional Services Contract with Pam Brockus for the new Camp Deer Hazardous Fuels Reduction Project. Commissioner Robertson second. Motion passed unanimously.
Commissioners said they would speak with Solid Waste Department Superintendent Richard Jenkins about purchasing the air burner using funds in the Solid Waste budget.
Commissioner Robertson moved to accept the appeals regarding the Planning and Zoning Commission decision for Planning File #24-0076, Maverick, LLC. Commissioner Cossairt second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 113,797.07
Road & Bridge 244,563.43
Airport 6,590.95
District Court 12,793.83
Justice Fund 70,040.05
911 Funds 4,533.59
Health District 27,843.00
Parks and Recreation 10,094.44
Revaluation 1,868.54
Solid Waste 89,683.47
Tort 23,817.00
Veterans Memorial 330.09
Weeds 8,444.19
Restorium 36,220.14
Waterways 4,569.53
Road & Bridge Tribal Fuel Fund 65.31
Grant, Airport 10,407.03
Grants, Fire Mitigation 21,079.34
ARPA Fund 3,304.85
TOTAL $690,045.85
Trusts
Auditor’s Trust – *Misc 37,150.95
Boundary Co. Drug Court Trust 2,710.49
Sales Tax Collected 554.54
Interlock Device Fund 240.00
Motor Vehicle Trust Acct 471,377.26
Sheriff’s Trust Fund 13,972.65
Restorium Memorial Trust Fund 3,019.41
Sheriff’s Special Projects 8,792.93
Odyssey Court Trust Account 27,514.90
Odyssey Bond Trust Account 500.00
Odyssey Restitution Trust Acct 8,062.62
TOTAL $573,895.75
GRAND TOTAL $1,263,941.60
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2023-2024).
Commissioners recessed for lunch.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Road and Bridge Department Assistant Adam Ryals joined the meeting to give the department report. Those present discussed various Road and Bridge matters.
Commissioner Robertson moved to sign the Strategic Initiative Grant Program Fund letter to the Idaho Transportation Department regarding Sunrise Road and Great Northern Road. Commissioner Cossairt second. Motion passed unanimously.
Those present discussed the Naples Bridge and being awarded funds to put together a plan for improvements to this bridge.
The meeting with Mr. Ryals ended at 2:01 p.m.
2:02 p.m., Commissioners held a bid opening for the FY 24-25 county fuel supply. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser. The bid opening was recorded.
Chairman Bertling stated for the record that no bids were received. Commissioners closed the bid opening.
There being no further business, the meetings recessed until tomorrow at 11:30 a.m.
***Tuesday, August 13, 2024, at 11:30 a.m., Commissioners met in regular session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
11:30 a.m., Kurt Pindel, Michael Traber-Greene and Ray Pease with the Bureau of Land Management (BLM) met with Commissioners to update them on a potential BLM land purchase in Boundary County.
Mr. Pindel referenced the Southwood property and explained how the BLM had been interested in trying to acquire this property years ago, but the seller at the time was not ready to sell. Now the current owner is ready and the BLM is still interested in acquiring this property again. The BLM would keep the property in timber and their biggest interest is access. This is an area that the elk and deer are known to run through. Anheuser Busch would like the BLM to purchase the property so it doesn’t become developed. Part of this area is primary habitat for grizzly bear, but the BLM doesn’t manage lands for that as they have a sister agency that does that. The Rocky Mountain Elk foundation and another agency are interested in helping the BLM acquire this land. There is value in timber, but the seller is looking at subdividing this parcel and putting in utilities, so it would value the property differently. Mr. Pindel informed Commissioners that if the BLM purchased this property, it would come out of the county’s tax base and be added to Payment in Lieu of Taxes (PILT). Mr. Pindel commented that he doesn’t feel confident the purchase with the BLM will go through. Mr. Pindel questioned if the county would be in favor of writing a letter of support and Chairman Bertling said, speaking for himself, he would be in favor of the BLM acquiring this land as there are other grounds that could be divided. Mr. Pease talked about looking at fuels reduction projects in that area and there would possibly be a plan for a small parking lot and building a trail. There is a boundary issue where the boundary doesn’t follow the dike that is already there, so if the BLM acquired the property, they would grant Anheuser Busch an easement in perpetuity. Mr. Pease said the BLM would like to have access and keep it open space. The adjoining property has already been subdivided.
Mr. Pindel said one option is having a third party purchase the property with the purpose of holding onto it until the BLM is ready. Mr. Pindel explained that a transaction could take a year due to their process. The Rocky Mountain Elk Foundation as well as another agency are willing to step in, but it’s still up to the seller. Mr. Pindel discussed tax advantages for the seller in writing off a lesser amount if they were to accept less.
Commissioner Robertson explained that he’s opposed to more government agencies owning property and there is no guarantee with PILT. Commissioner Robertson added that he knows the BLM doesn’t own much property here, but other government agencies do. Commissioner Robertson said he can understand the BLM wanting to purchase that piece of property. For wildlife habitat, it is a winter range. Mr. Pindel said for him it’s access and they’re trying to find that spot for access points from A to B and it’s tough. Mr. Pindel mentioned one reason that Anheuser Busch is interested in the BLM purchasing this property is due to their maintenance work that occurs at night in relation to issues that might arise with the property being privately owned. Mr. Pindel asked if Commissioners would be more interested if the BLM would pay 10 years of the tax base for the property. Commissioners would be in favor of that.
Commissioner Robertson asked if it would be a make it or break it deal if Commissioners were not in favor and Mr. Pindel said it’s not a make it or break it, but it would be a plus. The BLM will also approach other Congressional members, but they will ask if the BLM had spoken with the Commissioners, so it’s not a make or break, but it helps. Chairman Bertling said he would give his support, but he’s only one Commissioner. Commissioner Cossairt said he has mixed feelings, but he doesn’t want to see houses built there. Commissioner Robertson said the only thing that makes sense is to acquire the whole section down to the county road. Mr. Pindel said he agrees and he added that he would update Commissioners if there is progress. Commissioner Robertson asked where funds for the BLM’s land acquisitions come from. Mr. Pindel said the Land and Water Conservation Fund and offshore accounts.
Mr. Pindel explained that 80% of the BLM’s land acquisitions have occurred due to the property owner approaching them about purchasing their property.
The meeting with BLM representatives ended at 12:08 p.m.
Commissioner Cossairt moved to sign Certificates of Residency for Makayla Hartley and Dalton Loll. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes of May 6 & 7, 2024. Commissioner Robertson second. Motion passed unanimously.
Commissioners recessed for lunch at 12:08 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #24-0047, for the repeal of Section 16.1, Flood Overlay, Boundary County Zoning & Subdivision Land Use Ordinance. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Contract Planner Clare Marley, and County Planning and Zoning Administrator Ben Jones. No members of the public were present. The hearing was recorded.
Chairman Bertling reviewed the hearing procedures. There were no questions of the process. Commissioners cited no conflicts of interest.
Ms. Marley provided a staff report and explained that this was just a housekeeping measure. The county had two flood codes with one code included in the Land Use Ordinance and another stand-alone code. This application takes out Section 16.1, the flood overlay. Parts of the code are in conflict with the 2015 Ordinance and the newly adopted code and it’s not a true overlay zone. Idaho Code had changed 10 years ago and no longer allows for this overlay. Some items are the same and some aren’t. There were definition errors, missing information about flood venting and some incorrect terminology. There were also issues about utilities.
For this application the only comments received were from the Federal Emergency Management Agency (FEMA) and there was no public comment. This is just taking something out of the county’s code that was added in the stand-alone ordinance. Planning and Zoning reached out to other agencies as required. The county’s new flood code is Ordinance 2024-7 and it’s now a part of the Disaster Preparedness Act; not the Land Use Act. It’s now a stand-alone ordinance and it will not be in the land use code. Ms. Marley said the Planning and Zoning Commission recommended adoption of this application.
Commissioners did not open the hearing to public testimony as nobody from the public was present.
Commissioner Cossairt moved to approve the repeal of Section 16.1, Flood Overlay, of the Boundary County Zoning and Subdivision Ordinance, finding that the proposal is in accord with the Idaho Local Land Use Planning Act, and based upon the findings as written in the staff report and to direct staff to prepare a decision letter and documents for adoption of the ordinance. Commissioner Robertson second. Motion passed unanimously.
The hearing to consider Planning and Zoning File 24-0047 ended at 1:37 p.m.
Mr. Jones updated Commissioners on properties that may violate FEMA’s National Flood Insurance Plan (NFIP). There are approximately 34 violating properties that FEMA found. Planning and Zoning sent out 23 letters to property owners explaining the NFIP. Field visits were conducted to document structure use, distance from water, etc. Planning and Zoning is working with 10 property owners who are working to bring their property into compliance and there are 11 properties that might be easily resolved for the following reasons: unfounded, Tribal Land (exempt), a property has an as-built elevation certificate found in county records, and buildings that needed a flood permit and proof they’re reasonably safe. Mr. Jones said for the properties that have flood insurance, Planning and Zoning may be able to obtain flood records.
Ms. Marley explained having visited with Tribal members about the Twin Rivers property and learning that the Tribe is exempt from following FEMA. If a person has flood insurance, it does not always mean their structures are okay. Sometimes insurance companies request a FEMA review. Ms. Marley said the biggest issue will be properties in the floodway. A worst-case scenario for not resolving these issues is being put on probation by FEMA or being dropped by the National Flood Insurance Program.
Ms. Marley discussed changes to the area of impact law. Any changes have to be made by December 2025. The county would need to know what direction the cities want to go concerning maps. Chairman Bertling said it comes down to the city recommending what they can annex. So, the county wants to hear from the cities first. The City of Moyie Springs has a smaller area of impact than the City of Bonners Ferry. Ms. Marley said right now there is an agreement between the city and the county about providing notification to the city regarding any zone changes within the area of impact and she asked if the county wants to continue that agreement. Ms. Marley said when we decide what those areas of impact are, a notice will need to be mailed to the property owner within those impact areas and information will be published in the newspaper. The mailing costs are to be covered by the city. Another question is which agency would pay the cost of advertising?
1:57 p.m., Road and Bridge Department Assistant Adam Ryals joined the meeting.
2:00 p.m., The meeting with Ms. Marley and Mr. Jones ended.
2:00 p.m., Commissioners met to consider Road Standards Variance Application #4-2024 for Applicant Jim Dyck. This is a request for a variance to Boundary County Road Standards Ordinance 2020-2 as it pertains to an approach location on Homestead Loop.
Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Assistant Adam Ryals and Applicant Jim Dyck. No members of the public were present. The hearing was recorded.
Chairman Bertling reviewed the hearing procedures. There were no questions of the process. Commissioners cited no conflicts of interest.
Mr. Ryals provided a staff report. This application requests a variance due to not meeting Section 3.3.B of Boundary County Road Standards Ordinance 2020-2, which sets a distance of 330 feet from an existing access on major collectors. Mr. Ryals explained that Commissioners’ packet of information includes views of the street and Exhibits 2C and 2D show why a variance is needed, which is that the proposed access if located approximately 270 feet south of the existing driveway and 241 feet north of the neighboring parcel’s access. The subject property is a 40-acre parcel on Homestead Loop. The road is chip sealed and the speed limit is 35 miles per hour. The zoning overlays or specials areas listed are mapped riverine wetlands and special flood hazard area X. The approach will be used as a farm approach. The zone is Rural Residential and Commercial-Light Industrial. The proposed approach has good sight distance, so it does meet Section 3.3.F. of the Ordinance. There was discussion about sharing an approach with the southern parcel. Exhibit 2B shows the central line of the southern approach and the applicant’s approach, so if those approaches are combined, it would be a 40-foot approach. Mr. Ryals said there are no other hazards and Road and Bridge has no issues with this application.
Chairman Bertling asked Mr. Dyck for an opening statement. Mr. Dyck said he’s just asking for an approach in that location and he’s also okay with a shared approach.
Commissioners closed the hearing to public testimony as nobody from the public was present.
Commissioner Cossairt moved to approve the variance request of applicant/landowner Jim Dyck, Parcel #RP62N01E101811A, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B., with the following conditions a, for a shared approach, and conditions c through g. Commissioner Robertson second. Motion passed unanimously.
The hearing for Variance Application 4-2024 ended at 2:10 p.m.
There being no further business, the meeting adjourned at 2:30 p.m.
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TIM BERTLING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk