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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:
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Certificate of Compliance
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No fee
|
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Residential Placement Permit
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$35.00
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Commercial/Industrial Placement Permit
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$50.00
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Conditional Use Permit
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$90.00
|
|
Special
Event Permit
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$90.00
|
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Temporary Use Permit
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$180.00
|
|
Variance
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$90.00
|
|
Subdivision, Simple
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$35.00
|
|
Subdivision, Short Plat
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$90.00
|
|
Subdivision, Long Plat
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$180.00
|
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Quasi-judicial Zone Map Amendment
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$200.00
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*Comprehensive Plan Amendment
|
$200.00
|
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*Ordinance Amendment
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$200.00
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* - 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
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