County Commission minutes, October 24

Monday, October 24, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Road and Bridge Superintendent Jeff Gutshall joined the meeting. Mr. Gutshall presented a written report. City of Bonners Ferry Assistant Administrator David Sims also joined the meeting.

Mr. Gutshall spoke of the work done to Kent’s Gulch Road to include installing guardrails and rock armoring in ditches, catches, and embankments.

Commissioner Kirby informed Mr. Gutshall a lot of people have come to him expressing positive results for the work done to Blume Hill Road. Mr. Gutshall he has received complaints from people about the condition of Fawn Lane. Mr. Gutshall spoke of completing a rock armor, checking dams, and resetting a culvert on Ridgewood Road. Mr. Gutshall continued with details of his report to include: obtaining salt and getting ready for winter, adding three-quarter inch rock for the Farm to Market Road, crushing at the pit, and working on the culvert, ditch drain, and gravel on Goat Mountain Road. Mr. Gutshall informed Commissioners the cone crusher has cut the cost of rock production in half so it really was a good move to get the crusher.

Mr. Gutshall presented written quotes to Commissioners for a pickup truck. Mr. Gutshall said Taylor & Sons Chevrolet, Riverside Auto, and Dave Smith Motors submitted quotes. Mr. Gutshall and Commissioners discussed the bids not having specifications that would exclude a vendor. Mr. Gutshall said the vendors bid what they wanted to bid and he asked for a three-quarter ton, extended cab. Riverside Auto provided a quote of $27,827, Taylor & Sons Chevrolet provided a quote of $26,323.21, and Dave Smith Motors had the lowest quote at $25,708.86 Chairman Smith reiterated he wanted to be sure no one was excluded from submitting a bid as far as specifications and Mr. Gutshall said no one was excluded and all vendors met the specifications.

Commissioner Dinning moved to accept the quote of $25,708.86 from Dave Smith Motors for a 2012 Chevrolet Silverado three-quarter ton, 4 wheel drive, with an extended cab. Commissioner Kirby second. Motion passed unanimously.

Mr. Sims met with Commissioners to request an easement along a portion of Deep Creek near the boat launch for the purpose of working to improve the City of Bonners Ferry’s water system. The proposed improvements include the installation of a new 16 inch main that will be bored beneath Deep Creek. In addition the existing steel main would be removed from the bottom of Deep Creek. Mr. Sims said the City is working with Welch Comer Engineering and funding will come from the United States Department of Agriculture (USDA) to replace the waterline. Mr. Sims said the City would like to excavate a pit to bore underneath the creek and needs an easement through the County. Commissioner Dinning said if this was the other way around and the County was asking for something from the City, the City of Bonners Ferry would ask for something more of the County.

Bonners Ferry City Council members Mike Klaus and Tom Mayo joined the meeting.

Mr. Sims said if this request is agreeable, the City can draft an easement. Mr. Sims said he would start putting information together.

9:30 a.m., Mr. Sims continued the discussion of providing water to Riverside Park. Mr. Sims said the City drilled a well for Dick Villelli’s property and the cost for the water treatment in regards to iron is $4,000. It was said the City had to drill 60 feet for the well. Commissioner Dinning said there has been $6,000 set aside in the County budget to provide water at the park and it can be used for filtration. Mr. Sims said there are other costs to consider as well. Mr. Sims said since the system will be a community system, the Department of Environmental Quality (DEQ) would have to review plans. A well seal is also needed and then it will be a community system that will require ongoing testing. The well will be considered a transient system, according to Mr. Sims. The decision is the cost of a well or to run a line. Mr. Sims said $11,000 is probably close to what the County’s cost will be. Mr. Mayo said he doesn’t know if there is that big of a share. It was said the last time this matter came to the surface for discussion was in year 2004 and the County’s part was to dig the trench. Mr. Mayo said what would help is knowing what the County prefers as it affects what the City will do. Commissioners said they preferred the well option. Mr. Sims said it would be a lot easier for the City by using a well. Mr. Sims said if the City was going to do the waterline, it will take a long time and Commissioner Dinning added that the project won’t be finished this year anyway. Mr. Sims said the County will want to have E- Coli testing done for the water.

The meeting with Mr. Sims, Mr. Mayo, Mr. Klaus, and Mr. Gutshall ended at 9:40 a.m.

Chairman Smith provided a brief update on the District 1 meeting where redistricting was discussed.

9:45 a.m., Planning and Zoning Administrator Mike Weland joined the meeting at Commissioners’ request. Commissioners and Mr. Weland reviewed the evening’s public hearing procedures to address the Planning and Zoning Ordinance. The proper zone map will be presented, according to Mr. Weland.

Mr. Weland left the meeting.

9:45 a.m., Commissioner Dinning moved to go into executive session under Idaho Code #67-2345(1)b. To hear complaints brought against an employee. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith ”yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. 9:50 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning left the meeting to participate in a conference call.

10:00 a.m., Deputy Clerk Nancy Ryals joined the meeting.  

Commissioner Kirby moved to go into closed session under Idaho Code #31-874. Chairman Smith yielded the chair to second. Motion passed unanimously. 10:05 a.m., Commissioner Kirby moved to go out of closed session. Chairman Smith yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to deny indigent application 2012-1 as the application has been withdrawn. Chairman Smith yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to write off $45.86 for indigent account 2008-17 as per the Clerk’s recommendation. Chairman Smith yielded the chair to second. Motion passed unanimously.

10:05 a.m., Deputy Clerk Nancy Ryals left the meeting.

Commissioners tended to administrative duties.

10:19 a.m., Treasurer Jenny Fessler joined the meeting.

Commissioner Kirby moved to cancel taxes for year 2011 in the amount of $209.72 for parcel #RP64N01E075410A as the loss of exemptions was due to ownership change, however the grantor and grantee were actually the same person with different first names listed on the deed. Chairman Smith yielded the chair to second. Motion passed unanimously.

Commissioner Kirby moved to cancel taxes for year 2011 in the amount of $328.38 for parcel #RP011000010100A as the homeowner’s exemption should be in the full value of Category 37, $68,450 instead of $27,100. Chairman Smith yielded the chair to second. Motion passed unanimously.     

Treasurer Fessler left the meeting at 10:21 a.m.

Commissioners tended to administrative duties.

There being no further business, the meeting recessed until the Commissioners’ public hearing on the Planning and Zoning Ordinance to be held at 5:30 p.m.

5:30 p.m., Commissioners held a public hearing to consider changes made to the proposed Planning and Zoning Ordinance. Present were: Chairman Smith, Commissioner Dinning, Commissioner Kirby, Planning and Zoning Administrator Mike Weland, Deputy Clerk Michelle Rohrwasser, County Attorney Phil Robinson, Jacob Epstein, Jane Kirby, Jim Fox, Pat Gardiner, Tim Patton, Tom Bushnell, Mercy Bushnell, Jim Ball, Jacob Bushnell, Renita Bushnell, Eric Lederhos, and Planning and Zoning Commission members: Chairman Dan Studer, Matt Cossalman, and Marciavee Cossette. The hearing was recorded.

Commissioners reopened the public hearing and Chairman Smith reviewed the procedures as the initial hearing had been closed to further public comment. Chairman Smith said if there had been no substantial changes made to the proposed ordinance, Commissioners would be able to adopt the Ordinance, but if substantial changes were made, Commissioners will have to open the hearing to public comments to address those changes. Mr. Weland informed Commissioners the changes suggested had been included in the document.

Commissioners addressed the changes. Commissioner Dinning spoke of Section 4.1.2., and said this section talks about an illegal structure placement when there is no simple remedy to move the existing structure. Commissioner Dinning said if the structure is allowed to stay, no expansions would be allowed without applying for a variance and Mr. Weland said that is correct. Commissioner Dinning asked about a change in Section 6.4.1., and Mr. Weland said the term State Highway was removed. Commissioner Dinning questioned verbiage changes in Section 8.6 for “Recurring Special Event Review”. Commissioner Dinning referred to Section 8.10.1., and said the term “adverse impact” in this section can be subjective and he’s just looking at the potential for challenge. Mr. Weland said based on what the applicant provides him is what he bases his findings on and he commented this is just administrative for him. Commissioner Dinning questioned Section 9.2 in regards to the definition of “temporary use” and he asked if there was a better definition. Mr. Weland said the change in duration will be provided by the applicant in their application. There won’t be a set amount of time, but instead the duration will be on a case by case basis, according to Mr. Weland.

Commissioners discussed changes to Section 10.5.3., “General Provisions for Commercial Junkyards”. Mr. Weland said the word “commercial” was removed from this section and that provisions do apply to existing junkyards. Commissioner Dinning spoke of not being able to impose new regulations to existing junkyards, but Attorney Phil Robinson said regulations can be imposed if the junkyard gets to the nuisance level. Commissioner Dinning said he feels Section 16.3, “Wetlands/Riparian Area Overlay” puts Boundary County at risk in the case there was an error on the map. Mr. Weland said the U.S. Army Corps of Engineers will provide a map to the Boundary County Mapper and the County will not make any additions or omissions.

Mr. Weland said any other changes made were just cosmetic such as making sure the chapter numbers properly match up, etc.

It was determined that none of the changes made were considered substantial.

Commissioner Kirby moved to adopt Planning and Zoning Ordinance 2012-1. An ordinance of Boundary County, Idaho, adopting a Zoning and Subdivision Ordinance to supercede Ordinance Number 99-06 and all revisions thereto so as to effect and attain the land use goals established by Resolution 2008-23, the Boundary County Comprehensive Plan. Commissioner Dinning second. Commissioners voted as follows: Chairman Smith “yes”, Commissioner Dinning “yes”, and Commissioner Kirby “yes”. Motion passed unanimously. Ordinance #2012-1 reads as follows:    

ORDINANCE 2012-1

AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, ADOPTING A ZONING AND SUBDIVISION ORDINANCE TO SUPERCEDE ORDINANCE NUMBER 99-06 AND ALL REVISIONS THERETO SO AS TO EFFECT AND ATTAIN THE LAND USE GOALS ESTABLISHED BY RESOLUTION 2008-23, THE BOUNDARY COUNTY COMPREHENSIVE PLAN.

WHEREAS, Section 67-6511, Idaho Code, does require that governing boards throughout the State of Idaho establish and adopt zoning and subdivision ordinances based upon a Comprehensive Plan so as to regulate and monitor growth and development; and

WHEREAS, in October, 2005, Boundary County Commissioners, recognizing that the Comprehensive Plan adopted by this County in 1998 no longer served the best interests of the community as regards land use planning, subdivision and growth, did direct the Boundary County Planning and Zoning Commission to undertake review of that Plan; and

WHEREAS, the Boundary County Planning and Zoning Commission, with the assistance of many of the interested citizens of Boundary County, Idaho, did review that Plan and determine it insufficient to the changing goals and mores of the people of Boundary County, Idaho, and promulgate a new Comprehensive Plan, which was adopted by the Boundary County Board of County Commissioners as Resolution 2008-23, July 21, 2008; and

WHEREAS, to attain the goals and aspirations the goals and aspirations for the growth and development within the jurisdiction of Boundary County as outline in the Comprehensive Plan, new regulations regarding development and subdivision of lands within Boundary County were required; and

WHEREAS, with the assistance of the Boundary County Planning and Zoning Commission, along with interested citizens of Boundary County, Boundary County Commissioners have, coincident with the disparate interests extant within Boundary County and with legal precedents established, promulgated a new Boundary County Zoning and Subdivision Ordinance that will better enable Boundary County to achieve those goals and aspirations as professed in the Boundary County Comprehensive Plan; and

NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Boundary County, Idaho, that the attached Boundary County Zoning and Subdivision Ordinance be adopted and put into effect, and that all prior land uses ordinances extant within Boundary County are hereby superseded.

This Ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonners Ferry Herald.

APPROVED AND ADOPTED by the Board of County Commissioners of Boundary County, Idaho, this 24th day of October, 2011, upon the following roll call vote:

CHAIRMAN RONALD R. SMITH:                                                                                                                  ____√______ YES

___________ NO

COMMISSIONER DAN DINNING:                                                                                                                  _____√_____ YES

___________ NO

COMMISSIONER WALK KIRBY:                                                                                                                    _____√_____YES

___________ NO

BOARD OF BOUNDARY COUNTY COMMISSIONERS

s/____________________________

RONALD R. SMITH, CHAIRMAN

                                                                                s/____________________________

DAN DINNING, COMMISSIONER

                                                                                s/____________________________

WALT KIRBY, COMMISSIONER

ATTEST:

s/___________________________________

GLENDA POSTON

Clerk of the Board of County Commissioners

Recorded as instrument #252199

***Clerk’s Note: For the attachment see the original ordinance on file in the Clerk’s Office.

Chairman Smith said any application that comes in after the publication of Ordinance 2012-1 will fall under this Ordinance and Comprehensive Plan.

Commissioner Dinning moved to adopt Resolution 2012-1. A resolution establishing administrative fees for land use applications. Commissioner Kirby second. Motion passed unanimously. Resolution 2012-1 reads as follows:

Boundary County Idaho Resolution 2012-1

A RESOLUTION ESTABLISHING ADMINISTRATIVE FEES FOR LAND USE APPLICATIONS.

WHEREAS: Boundary County is required to exercise land use planning powers as granted at IC 67-6503 by developing ordinances establishing zones and regulating land uses, and;

WHEREAS: Section 3.9 of Zoning and Subdivision Ordinance 2012-1, adopted by the Board of County Commissioners October 24, 2011, allows the adoption of fees associated with land use application processes;

NOW, THEREFORE, BE IT RESOLVED by the members of the Board of Commissioners of the County of Boundary, Idaho, that the following schedule of fees is hereby adopted to cover the costs of administering the provisions of the Boundary County Zoning and Subdivision Ordinance:

* - Fee not to be imposed if amendment application is initiated by the Planning and Zoning Commission or the Board of County Commissioners.

In addition to the above fees, applicants shall also reimburse Boundary County for first class mailings or display advertisements required for public notification pursuant to Section 20, Boundary County Zoning and Subdivision Ordinance.

Done this 24th day of October, 2011.

s/_________________________

Ron Smith, Chairman

s/_________________________

Dan Dinning, Commissioner

s/_________________________

Walt Kirby, Commissioner

ATTEST:

s/_________________________

Glenda Poston

Boundary County Clerk/Auditor/Recorder

Recorded as instrument #252188

Chairman Smith mentioned the County does not have to address the Comprehensive Plan for another 10 years now.

The public hearing ended at 6:00 p.m.

There being no further business, the meeting adjourned at 6:00 p.m.

                                    /s/

                                    RONALD R. SMITH, Chairman

ATTEST:

/s/

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk