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Monday,
January 23, 2012, 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
to give the departmental report. Mr. Gutshall
presented a written report.
Mr. Gutshall said this week
will be the second week of staggered work shifts
and this schedule will amount to a lot less
money over a period of time. Mr. Gutshall said
unless there is a really bad event he will keep
the schedule this way and bring in additional
employees if it’s needed.
Mr. Gutshall said he
visited the Kootenai
County salt brine plant on
Ramsey Road. This
plant costs approximately $125,000, but Mr.
Gutshall said he could create a facility for
approximately $8,000. Mr. Gutshall said he could
pour concrete to modify and utilize an existing
building for the plant in order to stay within a
$20,000 range. Mr. Gutshall said he learned the
Independent Highway District has added
Schweitzer to their list and they’ve done the
best job he has seen so far. Mr. Gutshall
explained that brine is a tool to use on roads
that are close to town such as
Cow Creek Road, the
roads near Naples,
and the Paradise Valley Hill. Commissioners
asked about the Copeland area and Mr. Gutshall
said you have to be careful in areas like
Copeland as you have to have someone keep
checking on the road. Mr. Gutshall explained the
need for the right concentration of de-icer or
the brine will not work.
Mr. Gutshall reported this
Thursday is the day the Road and Bridge week and
weekend crews will overlap to conduct the Idaho
Counties Risk Management Program (ICRMP)
tailgate meeting in order to receive the ICRMP
insurance discount.
Mr. Gutshall informed
Commissioners Idaho Asphalt met with the Highway
District in Post Falls and Coeur d’ Alene in
order to discuss oil costs. Mr. Gutshall said he
will piggyback on last year’s bid and he is
trying to get the details on that bid.
Mr. Gutshall provided
Commissioners with an update on the Deep Creek
Bridges. Mr. Gutshall said he conducted a design
review last week in Sandpoint with Sewell and
Associates and the Local Highway Technical
Assistance Council (LHTAC) for
Deep
Creek Bridge
#4. Mr. Gutshall said the County is funded for
construction of Bridge #4 this summer so
hopefully the design review will be approved. If
the review is done within three weeks, that
should provide for enough time to go out for
bids.
Chairman Smith signed the
Local Federal Aid Project Request for the
Trow
Creek Bridge
construction as the motion to do so was made the
week prior.
Commissioner Dinning moved
to continue the motion to go out to bid for
asphalt petroleum products until tomorrow,
Tuesday, January 24, 2012.
Commissioner Kirby second. Motion passed
unanimously.
Mr. Gutshall reported the
bus turnaround at the end of
Gold Road
has been blocked with trucks and snowmobiles so
the buses are not able to use it. Mr. Gutshall
said his crew is unable to plow the turnaround
when this happens.
Mr. Gutshall said he has
three or four employees working on the weekends
and he is having them stick to just the main
collector routes unless there is time to include
additional areas. Mr. Gutshall informed
Commissioners every time there is a snow storm,
people will literally leave their cars parked in
the middle of the road or at the end of a
driveway or school bus turnaround and it blocks
the Road and Bridge snow plow. Mr. Gutshall said
he wanted to let Commissioners know his snow
plow drivers will do what they can in these
cases.
Mr. Gutshall left the
meeting at 9:21 a.m.
Clerk Glenda Poston joined
the meeting at Commissioners’ request.
Attorney Phil Robinson
joined the meeting at
9:25 a.m.
Chairman Smith said he met
with Brian Kelly, U.S. Fish and Wildlife
Service, on the matter of Caribou Critical
Habitat. Boundary
County
has requested an extended comment period and
public meetings to be followed by public
hearings. Chairman Smith said he did not discuss
the coordination matter with Mr. Kelly. Attorney
Robinson questioned if coordination will be held
by someone from the Fish and Wildlife Service.
Commissioner Dinning said coordination, as he
understands, is a process to force meetings.
Commissioner Dinning said Brian Kelly is at the
state level and Ben Conard is the representative
for Idaho.
Commissioner Dinning and Attorney Robinson
discussed coordination and what
Bonner
County is doing in this process.
Attorney Robinson said his understanding is that
Bonner
County has actually waived their
requests for public hearing.
Attorney Robinson said this issue could
go on for months.
9:45 a.m., Chief Deputy Treasurer Sue
Larson and Deputy Clerk Nancy Ryals joined the
meeting.
Commissioner Dinning moved
to grant an extension of time to receive year
2011 taxes for parcel #MHM0130000021TA until
February 10, 2012. Commissioner
Dinning second. Motion passed unanimously.
Commissioner Dinning moved
to grant an extension of time to receive year
2011 taxes for parcel #MH0003000001UA until
February 15, 2012. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to grant an extension of time to receive year
2011 taxes for parcel #MH00030000018AA until
March 3, 2012. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to grant an extension of time to receive the
second half of year 2011 taxes for parcels
#MHB0420001008BA, #PPB0420001008PA, and
#PP00420001008PA until June 20, 2012. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to grant an extension of time to receive year
2011 taxes for parcel #MH62N01E235093A until
April 15, 2012. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to grant an extension of time to receive 2011
year taxes for parcel #MH61N01E156757A until
April 15, 2012. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning said
Commissioners had made a motion addressing a tax
cancellation for parcel #MHM0130000024UA, but
will rescind that motion since receiving advice
from the County’s attorney.
Commissioner Dinning moved
to rescind Commissioners’ prior motion made on
January 17, 2012 to cancel 2011 taxes
for parcel #MHM0130000024UA. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved,
upon the advice of the County attorney, to
cancel year 2011 taxes totaling $150.64 plus
late fees totaling $1.51 and interest for parcel
#MHM0130000024UA upon Commissioners’ receipt of
proof that the mobile home’s title has been
changed into the name of Jimmy Ball as the
mobile had been abandoned by the prior owner.
Commissioner Kirby second. Motion passed
unanimously.
Chief Deputy Treasurer Sue
Larson left the meeting at
9:50 a.m.
Commissioner Kirby moved to
accept the resignation of Roger Fraser from the
Boundary County Translator District’s Board.
Commissioner Dinning second. Motion passed
unanimously.
Commissioner Kirby moved to
reappoint Barry Coleman to the Boundary County
Translator District Board with a term to expire
March 31, 2015. Commissioner Dinning
second. Motion passed unanimously.
9:50 a.m., Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously. 9:55 a.m., Commissioner Dinning moved to go out
of closed session. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to approve the request/follow up application for
indigent #2011-55. Commissioner Kirby second.
Motion passed unanimously.
Clerk Glenda Poston and
Deputy Clerk Nancy Ryals left the meeting at
9:55 a.m.
10:00 a.m., Commissioners held a
public hearing continuation in the Extension
Office on the matter of the proposed Airport
Overlay Ordinance. Present were: Chairman Ron
Smith, Commissioner Dan Dinning, Commissioner
Walt Kirby, Attorney Phil Robinson, Planning and
Zoning Administrator Mike Weland, Deputy Clerk
Michelle Rohrwasser, Boundary County Airport
Manager Dave Parker; Boundary County Airport
Board Members: Mark Weber, Jim Fairchild, Jay
Wages, and Pat Gardiner; Steve Vandenberg,
LaVern Dinning, Eunice Dinning, Ronald Grove;
Ken Nichols, Airport Consultant with Century
West Engineering; Conrad Bicknell, Marcus Byler,
and Blue Sky Broadcasting Reporter Mike Brown.
The hearing was recorded.
Chairman Smith opened the
public hearing that had been continued from
December 20, 2011 and briefly
reviewed the public hearing procedures. The
hearing was recorded.
Mr. Gardiner stated for the
record that this hearing was on a legislative
matter.
Airport Manager Dave Parker
made a PowerPoint presentation. The slides of
the presentation included showing surfaces
around the airport and a video showing what it
looks like to a pilot when they come in to
approach the airport. Mr. Parker mentioned trees
penetrating the height levels as being an issue.
Commissioner Dinning mentioned the seven to one
ratio and asked how far that extends. Mr. Parker
said that height extends beyond the highway 150
feet above the ground and it is the same at the
north end of the airport. Commissioner Dinning
questioned if that is what the height currently
is and if it has been that way for a long time.
Mr. Parker said yes. Mr. Parker presented a
slide looking at the north end of the runway.
Commissioner Dinning asked how that was
different from what is currently in place and
Mr. Parker said this is what is currently in
place. Mr. Parker said if someone wanted to
build something he would be able to tell if the
structure entered the restricted space. Mr.
Parker said the map is an engineer’s best
estimate and the final okay would come from the
Federal Aviation Administration (FAA).
Commissioner Dinning said the diagram shows the
Nystrom property is at the ten foot level. Mr.
Parker said the runway is six feet higher than
the Nystrom property so Mr. Nystrom was able to
put up a larger sign as it wouldn’t penetrate
the airspace. Mr. Parker said the FAA has
surveyed that same area and has not reported it.
Conrad Bicknell asked if 20 feet is from the
runway and Mr. Parker responded that the area is
flat for 200 feet then elevation increases 20 to
1.
Mr. Parker said in drawing
up this map and information there will be a few
people affected, but the most affected area is
on airport property. Commissioner Dinning asked
if the FAA reported anything on the Bicknell
property and Mr. Parker said yes, the FAA picked
up on trees. Mr. Parker said to his knowledge no
current buildings are affected, just the trees.
Mr. Parker said the trees are blocking the
plane’s normal approach. Mr. Parker briefly
mentioned the trees on the Dinning property.
Steve Vandenberg said he would like his trees
topped out.
Mr. Parker’s presentation
showed slides looking at the south side of the
airport. Chuck Roady’s property is mostly in the
ravine, but a bit is on the bench so if he were
to build, it would penetrate the airspace. It
was said there are already trees in the airspace
along Mr. Roady’s property. If Mr. Roady wanted
to build, he could build into the side of the
hill.
Slides were shown looking
at the southwest end of the airport looking
north. Commissioner Dinning asked if the
proposed overlay anticipates the extension and
Mr. Parker said yes. Mr. Parker said Craig
Wheatley’s property is also included in the
environmental assessment. Mr. Parker provided
information from the year 2006 overlay to
include the age of the airport, the number of
operators and new hangars, the newer fuel
fitting system, pilot controlled lighting, the
All Weather Observation System (AWOS) and
various companies that utilize the airport such
as Hagadon’s helicopter, Anheuser Busch, Rocky
Mountain Academy and Northwest Academy students,
the Governor, and S & L Underground. Mr. Parker
said the airport now provides international
flight training, educational opportunities, and
Medstar services. With the possibility of the
Border Patrol’s usage of the airport, it’s
possible the Boundary
County
Airport could become an
international airport. Mr. Parker mentioned the
airport now has the instrument approach that
Medstar can use to land. Mr. Parker said the
airport holds a pancake breakfast and it is a
big attraction. Mr. Parker’s presentation showed
a copy of a letter from the FAA written in year
2009 about removing problem trees otherwise the
FAA would take away the night time approach.
Mr. Parker said the County’
plan is for the environmental assessment and he
mentioned the State’s recommendation for the
airport. Extending the runway 1,000 feet is the
next thing to be done, according to Mr. Parker.
Commissioner Dinning asked
if there are appeal provisions in the proposed
ordinance and Mr. Parker said yes. Attorney
Robinson said the appeal process is not the same
as the Planning and Zoning process, but there is
an administrative process for appellants.
There was no staff report
for this hearing.
Chairman Smith asked for
public comments. Eunice Dinning said she has
concerns and she’s positive her trees would have
to be removed. Ms. Dinning said she would have
low flying planes which would lower her property
value.
Pat Gardiner said in using
the instrumental approach, if a pilot is coming
in at 900 feet and misses their approach, where
they turn is a lower elevation and more trees
would be an issue.
Commissioner Dinning said
Marcus Byler may have concerns that the FAA
would have stipulations on how buildings are
made, but that doesn’t seem to be the case with
the FAA. Mr. Parker said he has heard reflective
roofs might not be allowed and lights are
supposed to have shields above them so not to
blind the pilot.
Commissioner Dinning stated
for the record that LaVern and Eunice Dinning
are his uncle and aunt and they have had issues
about this and have voiced their concerns very
well.
Commissioners closed the
hearing to further public comment as no one else
wished to speak.
Mr. Weland said two letters
were received giving comment to this issue. One
letter was from Chuck Roady and the other letter
was from Mary Speed, both who have property near
the airport.
Commissioner Dinning said
because the airport is successful it needs to
expand, but the County needs to make the
property owners whole. Commissioner Dinning
referred to changing zoning for Mr. Wheatley’s
property and how there is a possibility of
devaluing property. Commissioner Dinning
questioned if there is a court process for
property owners if they feel impacted by the
ordinance once it’s enacted. Attorney Robinson
said there is the appellant court. As an example
Commissioner Dinning mentioned what could happen
if the County took 20 acres of Mr. Wheatley’s
property and made it unbuildable. Attorney
Robinson said until something has been done
there is nothing to do as it is only discussion.
Commissioner Dinning said if a property owner
determines there has been a taking will the
County’s insurance cover the issue? Attorney
Robinson said no. It was said sometimes the FAA
has funds. If the property owner loses property
and is not compensated for it, it is called
inverse condemnation, according to Attorney
Robinson. Chairman Smith said if the County
doesn’t enact the ordinance, the airport will be
dead in the water and it will not be able to
expand. Mr. Parker informed those present how
much funding he would be able to get from the
FAA for the airport and how much he currently
has received. If the overlay ordinance is not
adopted, funds will be jeopardized, according to
Mr. Parker.
Commissioner Kirby said
this is a safety issue. Commissioners are here
most likely on a safety issue. The FAA has done
well to make the airport safe for pilots and for
properties around the airport. The ordinance
should be put into effect now, according to
Commissioner Kirby. Certain people aren’t in
favor of this, but that property owner will be
compensated and that will make it easier.
Commissioner Kirby said this matter would be an
emotional issue to him if he lived near the
airport, too, but the issue is trees.
Commissioner Dinning said
Boundary
County is doing this for the airport
as the airport is successful, but he wants to
make property owners whole. Attorney Robinson
explained condemnation versus prospectively
determining the impact. It was said funding will
either come from the County or FAA pockets.
Commissioner Kirby said history has shown the
FAA has been cooperative. Commissioner Dinning
asked for the number of properties for purchase.
Mr. Parker said five and listed them by the
property owner’s last name as follows: Howard,
Wheatley, Sweet, and two Dinning properties. It
was asked if the FAA would fund a study if the
ordinance is enacted. Mr. Parker said he thinks
the FAA would pay after the process is done.
Attorney Robinson gave his
experience with the court matter involving the
Sandpoint airport. Commissioner Kirby said the
County hasn’t yet gone around to these property
owners to offer to buy the land. Chairman Smith
said the airport manager or board will do that.
Commissioner Dinning asked
if the FAA will refund the County if a property
owner files a claim. Attorney Robinson said he
was not sure. Commissioner Dinning asked if the
ordinance is enacted, does that give the County
the right to go in and top these trees. Attorney
Robinson said off the cuff he would think so and
the property owner would be compensated. If
there are already trees that are illegal, the
property owner is probably too late in filing a
claim.
Eunice Dinning asked when
the prior ordinance was adopted that claimed the
trees were an issue. Mr. Parker responded that
he believed that was in year 2006. Chairman
Smith said if the trees are in the airspace,
whether it was then or now, they have to go.
Chairman Smith said he couldn’t have it that
someone was in an accident due to the trees.
Commissioner Kirby moved to
adopt Ordinance #2012-02. The Boundary County
Airport Overlay District. Commissioner Dinning
second. Motion passed unanimously. Ordinance
#2012-2 reads as follows:
Ordinance No. 2012-02
BOUNDARY COUNTY AIRPORT OVERLAY DISTRICT
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, SETTING
FORTH ITS AUTHORITY TO ESTABLISH AN “AIRPORT
OVERLAY DISTRICT” TO INCLUDE: PURPOSES OF THE
DISTRICT, DEFINITIONS, AIRPORT ZONES, AIRPORT
ZONE HEIGHT LIMITATIONS; PERMITS REQUIRED; USE
RESTRICTIONS; NONCONFORMING USES; VARIANCES;
CONFLICTING REGULATIONS; AMENDING THE OFFICIAL
ZONING MAP BY THE ADOPTION OF AN OFFICIAL
SUPPLEMENTARY AIRPORT OVERLAY ZONING MAP;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Title 21, Chapter 5, Idaho Code, and
Title 67, Chapter 65, Idaho Code, and Article
12, Section 2, of the Idaho State Constitution
provide for the adoption of airport zoning
regulations; and
WHEREAS, an airport hazard, as defined at Title
21, Chapter 5, Idaho Code, endangers the lives
and property of users of the Boundary County
Airport and property of occupants of land in its
vicinity; and
WHEREAS, certain airport hazards, as defined, in
effect reduce the size of the area available for
landing, takeoff, and maneuvering of aircraft,
thus tending to destroy or impair the utility of
the Boundary County Airport and the public
investment therein; and
WHEREAS, the creation or establishment of an
airport hazard, as defined, is a public nuisance
and an injury to the region served by the
Boundary County Airport; and
WHEREAS, it is necessary in the interest of
public health, public safety and general welfare
that the creation or establishment of airport
hazards, as defined, be prevented; and
WHEREAS, the prevention of these airport
hazards, as defined, should be accomplished, to
the extent legally possible, by the exercise of
police power without compensation; and
WHEREAS, both the prevention of the creation or
establishment of airport hazards, as defined,
and the elimination, removal, alternation,
mitigation or marking and lighting of existing
airport hazards, as defined, are public purposes
for which political subdivisions may raise and
expend public funds and acquire land or
interests in land; and
WHEREAS, The Boundary County Board of
Commissioners did hold public hearing on
December 20, 2011
and
January 23, 2012.
NOW, THEREFORE BE IT ORDAINED by the Board of
County
Commissioners
of Boundary
County,
Idaho,
that the following be and is hereby adopted as
an ordinance of
Boundary
County:
Zoning Ordinance For:
Airport Name:
Boundary
County
Airport
Airport Location: Bonners Ferry,
Idaho
Airport Sponsor:
Boundary
County
Commissioners
Section 1: Purpose
Section 2: Short Title
Section 3: Sponsor, Governing Authority and
Administrator
Section 4: Relation to Other Zone Districts
Section 5: Definitions
Section 6: Establishment of Airport Zones
Section 7: Airport Zone Height Limitations
Section 8: Land Use Compatibility Requirements
Section 9: Pre-existing Non-conforming Uses
Section 10: Land Use Applications
Section 11: Permits
Section 12: Notice of Land Use and Permit
Applications
Section 13: Variance
Section 14: Obstruction Marking and Lighting
Section 15: Violations and Penalties
Section 16: Appeals
Section 17: Conflicting Regulations
Section 18: Severability
Section 19: Effective Date
Section 1: Purpose:
The purpose of this ordinance is to create an
airport overlay zone that considers safety
issues around the airport, regulates and
restricts the heights of constructed structures
and objects of natural growth, creates
appropriate zones, establishing the boundaries
thereof and providing for changes in the
restrictions and boundaries of such zones,
creates the permitting process for use within
said zones and provides for the enforcement,
violation penalties, appeals process and for
judicial review.
Section 2: Short Title:
This ordinance shall be known and may be cited
as the Boundary County Airport Overlay Zoning
Ordinance, and the zones created, in their
entirety, as the Boundary County Airport Overlay
Zone District.
Section 3: Sponsor, Governing Authority and
Administrator:
As used in this ordinance, the Owner/Sponsor of
the
Boundary
County
Airport
is the
County
of
Boundary,
State of
Idaho.
The Owner/Sponsor hereby designates the
Boundary County Commissioners
as the Governing Authority for the
Boundary
County
Airport.
The Owner/Sponsor hereby designates the Airport
Manager as the administrator for the
Boundary
County
Airport.
The Owner/Sponsor hereby designates the Zoning
Administrator as administrator of this
ordinance.
Section 4: Relation to Other Zone Districts:
The Boundary Airport Overlay Zone District does
not modify the boundaries of any underlying zone
district. Where identified, the Boundary County
Airport Overlay Zone District shall impose
certain requirements on land use and
construction in addition to those contained in
the underlying zone district.
Section 5: Definitions
Approach/Departure Surface: A surface
longitudinally centered on the extended runway
center line. The inner edge of the
approach/departure surface is the same width as
the primary surface (500-feet), expanding
uniformly to a width of 3,500 feet.
A.
The south approach/departure surface
(Runway 2), starts at the south end of the
runway extending 1400 feet horizontally then
from the corners of the 500 foot primary surface
then extending 10000 feet to a final width of
3500 feet at a slope of 40:1.
B.
The north approach departure surface
(Runway 20), starts at the northern corners of
the primary surface and extends 5,000 feet
northward to a final width of 1,500 feet, at a
slope of 20-feet outward for each foot upward.
Conical Surface:
A surface extending outward and upward
from the periphery of the horizontal surface at
a slope of 20 to 1 for a horizontal distance of
4,000-feet.
Horizontal Surface:
A horizontal plane 150-feet above the
established airport elevation, the perimeter of
which is constructed by swinging arcs a radius
of 10,000-feet from the center of each end of
the primary surface of each runway and
connecting the adjacent arcs by lines tangent to
those arcs.
Notification Zone:
A surface extending from the nearest
point of the runway out 20,000 feet at a slope
of 100 to 1 which requires notification to the
F.A.A. via Form 7460-1 with one copy provided to
the airport manager.
Primary Surface:
A surface longitudinally centered on a
runway, extending 500-feet each side of
centerline pursuant to Part 77, Federal Aviation
Regulations (FAR), and 1400 feet beyond the
south end and 200 feet beyond the north end. The
elevation of any point on the primary surface is
the same as the elevation of the nearest point
on the runway centerline.
Runway:
A defined area of the
Boundary
County
Airport
prepared for landing and takeoff of aircraft
along its length.
Runway Protection Zone:
An area off the runway end used to
enhance protection to people and property on the
ground. The Runway Protection Zone lies on the
surface of the ground and extends from the north
and south corners of the runway outward to a
width of 675-feet at a distance of 1,200 feet.
Transitional Surface:
Those surfaces that extend upward and
outward at 90-degree angles to the runway
centerline extended at a slope of seven (7) feet
horizontally for each foot vertically from the
sides of the primary and approach/departure
surfaces to the point of intersection with the
horizontal and conical surfaces. Transitional
surfaces for those portions of the precision
approach/departure surfaces which project
through and beyond the limits of the conical
surface, extend a distance of 10,000-feet
measured horizontally from the edge of the
approach.
Section 6:
Establishment of Airport Zones:
There are hereby created and established certain
zones airport zones within the Airport Overlay
Zone, depicted on drawings hereby adopted as
part of this ordinance, which include:
Approach Zone/Departure Zone: The area under the
approach/departure surface.
Transitional Zone: The area under the
transitional surface.
Horizontal Zone: The area under the horizontal
surface.
D.
Conical Zone: The area under the conical
surface.
E.
Runway Protection Zone: The area under
the Runway Protection Zone as defined in Section
5.
F.
Notification Zone: The area under the
Notification Zone as defined in Section 5.
Section 7: Airport Zone Height Limitations:
Except as otherwise provided in this Ordinance,
no structure shall be erected, altered or
maintained and no tree shall be allowed to grow
so as to encroach from the ground into any of
the surfaces defined in Section 5.
Section 8: Land Use Compatibility Requirements:
Applications for land use or building permits
for properties within the boundaries of this
overlay zone shall comply with the following:
A.
General: Notwithstanding any other
provisions of this Ordinance, no use shall be
made of land or water within the Airport Overlay
Zone District in such a manner as to create
electrical interference with navigational
signals or radio communications between the
airport and aircraft, make it difficult for
pilots to distinguish between airport lights and
others, impair visibility in the vicinity of the
airport, create bird strike hazards or otherwise
endanger or interfere with the landing, takeoff
or maneuvering of aircraft utilizing the
Boundary County Airport.
Structures: Regardless of the underlying zone
district, any structure within the airport
overlay zone which is allowed as a use by right
shall require application for a zoning
certificate prior to the onset of construction.
Lighting: No new or expanded industrial,
commercial, recreational or residential use
shall project lighting directly onto an existing
runway, taxiway or approach/departure surface
except where necessary for safe air travel.
Lighting for these uses shall incorporate
shielding to reflect light away from airport
approach/departure surfaces, and shall not
imitate airport lighting.
Communications Facilities and Electrical
Interference: No use shall cause or create
electrical interference with navigational
signals or radio communications between an
airport and aircraft. Approval of cellular and
other communications or transmission towers
located within the airport overlay zone shall be
conditioned to require their removal within 90
days of discontinuance of use, and a performance
bond shall be required.
Noise: For any property within 10,000 ft of the
runway. A notification that noise levels may
commonly exceed 55 db shall be attached to any
subdivision or partition approval or other land
use approval or building permit.
Such notification shall also be included
in the closing documents, to be signed by the
purchaser, for any parcel entirely or partially
within 10,000 ft of the runway. Any new
construction within this area will be encouraged
to have increased sound insulation methods.
Prohibited Uses: Within the runway protection
zone, new residential development and public
assembly facilities are hereby prohibited.
Landfills: No new sanitary landfills, sewage
lagoons, sewage sludge disposal facilities or
similar facilities shall be permitted within
10,000 feet of the runway. Expansion of existing
landfill or sewage disposal facilities within
this distance shall be permitted only upon
demonstration that such facilities shall be
designed and operated so as not to increase the
likelihood of bird/aircraft collisions.
Section 9: Pre-Existing Non-Conforming Uses:
The regulations prescribed by this Ordinance
shall not be construed to require the removal,
lowering, or other change or alteration of any
structure or tree not conforming to the
regulations
as of the effective date of this Ordinance, or
otherwise interfere with the continuance of a
non-conforming use; however, the owner of any
existing non-conforming use shall be required to
allow the installation, operation and
maintenance of such markers and/or lighting as
shall be deemed necessary the Board of County
Commissioners on recommendation by the Airport
Manager, to include written consensus from the
Federal Aviation Administration or the Idaho
Department of Transportation as provided in
Title 51, Chapter 5,
Idaho
Code. No non-conforming use shall be
structurally altered so as to increase the
non-conformity, and a non-conforming use, once
substantially abated, may only be reestablished
so as to comply with the provisions herein.
Section 10: Land Use Applications:
Within 20,000 feet of the nearest point on the
runway, information must be obtained from the
Zoning Administrator concerning height
limitations or zoning restrictions.
when:
Any structure or tree penetrates the
Notification Zone.
Section 11: Permits:
When an application for a land use permit meets
the criteria established at Section 8, this
Ordinance, no land use permit shall be issued
without the signature of the Zoning
Administrator with written recommendation of the
Airport Administrator, who will verify that the
application meets the specifications set forth
herein.
Section 12: Notice of Land Use and Permit
Applications:
The zoning administrator shall provide the
Airport Administrator written notice of all
applications and permits for land use within the
Airport Overlay Zone. Notice of land use
applications requiring public hearing shall be
provided at the same time that written notice of
such application is provided to property owners
entitled such notice. Written notice must be
provided to the Federal Aviation Administration
for any structure that may penetrate the
Notification Zone for approval prior to
construction as per F.A.A. regulation 77.17(a)
subject to the discretion of the Airport
Administrator prior to issuance of a permit.
Section 13: Variance:
Any person desiring to erect or increase the
height of any structure or permit the growth of
any tree, or to use property in a manner not in
accordance with the provisions of this
ordinance, may make application to the zoning
administrator for a variance from such
regulations. The application shall be
accompanied by a determination from the Federal
Aviation Administration and the Idaho Division
of Aeronautics as to the effect of the proposal
on the operation of air navigation facilities
and the safe, efficient use of navigable air
space. Such variances shall be granted where it
is duly found that a literal application or
enforcement of the regulations will result in
unnecessary hardship and that relief granted
will not be contrary to the public interest,
will not create a hazard to air navigation, will
do substantial justice and will be in accordance
with the spirit of this ordinance.
Section 14: Obstruction Marking and Lighting:
Any permit or variance granted pursuant to the
provisions of this ordinance may be conditioned
to require the installation and maintenance, at
the owner’s expense, of such marking or lighting
as deemed necessary to assure both ground and
air safety.
Section 15: Violations and Penalties:
The violation of any provision of this ordinance
shall be deemed a misdemeanor punishable by a
fine not to exceed $300, imprisonment in the
Boundary County Jail for a period not to exceed
six (6) months, or both fine and imprisonment.
In addition to the criminal penalties
established herein, the Boundary County
Prosecuting Attorney and or another Attorney, at
the discretion of the Board of County
Commissioners, may take steps necessary to seek
civil remedies to abate the violation(s).
Section 16: Appeals:
A.
Any person aggrieved by any
administrative decision made in interpretation
or enforcement of this ordinance may appeal said
decision to the board of county commissioners by
submitting a letter of appeal to the zoning
administrator. The letter of appeal should
include the name, address and telephone number
of the appellant, the action or decision being
appealed, and full details and grounds for the
appeal.
B.
Upon receipt of a letter of appeal, the
zoning administrator will determine whether the
appeal affects adjacent property owners. If it
is determined that such affect exists, a public
hearing will be scheduled on the next available
regular meeting agenda of the board of county
commissioners, allowing for public notification
as established by the Boundary County Zoning
and Subdivision Ordinance. If it is determined
that the appeal will not affect adjacent
property owners, the appeal will be scheduled on
the next available regular meeting agenda of the
board with no public notification required.
C.
The Board may affirm, modify or reverse
the decision of the zoning administrator, and
shall provide written notice to the appellant of
the decision rendered. The decision shall be in
writing, setting forth findings of fact and
conclusions in support of the decision.
D.
Recourse from any final decision rendered
by the board of county commissioners shall be to
the courts as provided by law.
Section 17: Conflicting Regulations:
Where there exists a conflict between any of the
regulations or limitations prescribed in this
ordinance and any other regulation applicable to
the same area, the more stringent limitation or
requirement shall govern and prevail.
Section 18: Severability:
If any of the provisions of this Ordinance or
the application thereof to any person or
circumstance are held invalid, such invalidity
shall not affect other provisions or
applications of the Ordinance which can be given
effect without the invalid provision or
application, and to this end, the provisions of
this Ordinance are declared to be severable.
Section 19: Effective Date:
WHEREAS, the immediate operation of the
provisions of this Ordinance are necessary for
the preservation of the public health, public
safety and general welfare, an emergency is
hereby declared to exist, and this ordinance
shall be in full force and effect from its
passage by the Boundary County Board of County
Commissioners and publication and posting as
required by law.
ADOPTED THIS 23rd DAY OF JANUARY,
2012:
Chairman Smith "aye"
Commissioner Dinning: "aye"
Commissioner Kirby "aye"
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/__________________________
RONALD R. SMITH, Chairman
s/___________________________
DAN R. DINNING, Commissioner
s/__________________________
WALT KIRBY, Commissioner
ATTEST:
s/____________________________________
GLENDA POSTON
Clerk of the Board of
County
Commissioners
Recorded as
instrument #
Commissioner Dinning said
he wants to make every possible effort to not
damage anyone and to make them whole. Mr. Parker
said his first thought was to offer to buy the
land.
The public hearing ended at
11:40 a.m.
There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
Tuesday,
January 24, 2012, Commissioners met in
regular session with Chairman Ron Smith,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser. Commissioner Dan Dinning
was out of the office tending to personal
matters.
9:00 a.m., Commissioners
held an elected officials/department head
meeting. Present were: Chairman Ron Smith,
Commissioner Walt Kirby, Clerk Glenda Poston,
Assessor Dave Ryals, Court Clerk Supervisor Rose
Sprungl, Road and Bridge Office manager Rene
Nelson, Courthouse Maintenance Jerry Kothe,
Solid Waste Superintendent Claine Skeen,
Treasurer Jenny Fessler, Chief Probation Officer
Stacy Brown, Prosecutor’s Office Manager Tammie
Goggia, County Noxious Department Superintendent
Duke Guthrie, Extension Office Educator Carol
Hampton, Courthouse Security/Bailiff Ron
Sukenik, Chief Deputy Clerk Tracie Isaac,
Restorium Administrator Karlene Magee, Assistant
Restorium Administrator Kathy Stalcup, Sheriff’s
Office Administrative Deputy Crystal Denton, and
Planning and Zoning Administrator Mike Weland.
Chairman Smith said the
first item on the list pertains to the Clerk’s
Office. Clerk Poston informed those present that
she and her staff are going to attend an
election training course on February 21 and 22,
2012, so no one will be on hand to sign checks
for demand payments those two days.
Chairman Smith said he
approached the school district about recycling
and he felt they are doing a pretty good job.
Chairman Smith said he wanted to have more
discussion on recycling as he has seen
recyclable materials mixed in with regular
garbage in the Courthouse. Chairman Smith used
Commissioners’ Office as an example and said 99%
of the waste that comes out of Commissioners’
Office is recyclable. It was said in the past a
lot was thrown out that could have been
recycled.
Chairman Smith asked Mr.
Kothe what his process is for recycling. Mr.
Kothe said he runs up to the landfill to recycle
cardboard and he takes the recycle can from the
Courthouse hallway. Mr. Sukenik said he thinks
many of the Courthouse offices put their
plastics in the hallway recycle bin. Mr. Sukenik
said he doesn’t know what it costs to shred
paper, and he asked if it is cost effective to
have the company shred versus recycling it.
Clerk Poston said a company comes to shred
confidential documents and the cost is only $20
per month to shred a large bin. Mr. Skeen said
he could put a larger container behind the
Courthouse, but it will take up the space equal
to one vehicle parking spot.
Chairman Smith spoke of
video conferencing capabilities. Computer Arts
is coming to hook up the video conferencing
equipment so the Courthouse can interact with
the Juvenile
Detention Center
in Coeur d’ Alene. Chairman Smith said he knows
there are talks about building a mental hold
facility in Kootenai
County
and there will probably be conferencing set up
with that facility as well. Mr. Sukenik said the
County used to have connection to the
Boundary
Community Hospital,
but has since lost the link due to other
frequencies in the air. Chairman Smith said
Commissioners would also like to have video
capabilities in their office for various
conferences. Chairman Smith said the Idaho
Association of Counties (IAC) is also hooking up
a video conferencing system in their offices.
Chairman Smith said once the system is set up in
Commissioners’ Office any office can use it if
they have a conference.
It was said there is a new
laptop available for webinars for department
uses. Ms. Hampton explained that her office
computers also have the ability to conduct
webinars.
Chief Deputy Clerk Tracie
Isaac briefly spoke about the Idaho Counties
Risk Management Program (ICRMP) Training
progress. Several county departments have
completed the training, but for those
departments that have not the deadline is
February 17, 2012.
Chairman Smith spoke of
Certificates of Debarment. This is a document
that should be included in quote and bid packets
given to participating vendors or contractors.
The person signing this form is stating they
have not been barred by the federal government
from participating in the bid or quote process.
Accompanying this document is a page of
instructions that lists a website a person can
go to and look up the contractor’s name or
company name to see if they have been debarred.
This document should be included in bid packets,
quotes, grant paperwork, and anytime the county
is procuring goods or services at a cost of
$25,000 or above. Deputy Clerk Michelle
Rohrwasser said she is looking into the mention
of a limit as low as $25,000, but encouraged
sending the debarment certificate along with any
quote or bid paperwork to be on the safe side.
Chairman Smith spoke of the
caribou critical habitat issue. Commissioners
have spoken with Brian Kelly with the U.S. Fish
and Wildlife Service and have adopted a
resolution to authorize coordination. The
comment period on the caribou critical habitat
ends January 30, 2012, but a 60 day extended
comment period has been granted. There will be
public meetings followed by public hearings and
Chairman Smith explained that the public hearing
is the forum in which a person comes to just
give their comments in various forms.
Commissioners will hold the public meetings and
will keep the meetings civil as the Kootenai
Valley Resource Initiative (KVRI) meeting got a
bit out of hand. The meetings have nothing to do
with the coordination process, according to
Chairman Smith.
Chairman Smith informed
those present that Commissioners have adopted
the Airport Overlay Ordinance.
Chief Deputy Clerk Tracie
Isaac said tomorrow is the last day employees
can sign up to participate in the sick leave
bank. A new participant starts out by donating
16 of their sick leave hours, but in the
consecutive years they only donate eight hours.
The elected
officials/department heads meeting ended at 9:35
a.m.
Linda McFaddan, District
Ranger with the Bonners Ferry Ranger District
joined the meeting.
9:35 a.m., County Noxious
Weeds Superintendent Duke Guthrie met with
Commissioners to provide his department report.
Chairman Smith asked about the Forest Service
participating in eradicating noxious weeds and
Mr. Guthrie said ranger districts in Boundary
and Bonner
Counties are both involved in the
Selkirk Cooperative Weed Program. Ms. McFaddan
said the biggest problem is that funds such as
Resource Advisory Committee (RAC) funds are
going away.
Mr. Guthrie left the
meeting at 9:50 a.m.
9:50 a.m., Bonners Ferry
District Forest Ranger Linda McFaddan and
Commissioners discussed the matter involving the
caribou. Chairman Smith informed Ms. McFaddan
that Commissioners have sent a letter to Brian
Kelly with U.S. Fish and Wildlife Service on the
caribou critical habitat issue. The comment
period will be extended for 60 days after the
initial deadline is up.
Boundary County
will have public hearings with as many public
meetings as the County would like. Commissioners
have also filed papers for coordination.
Chairman Smith said he heard the federal
government might be getting ready to de-list the
grizzly bear and if so, they would lose all
habitat set aside for the grizzly and that is
why they want to have this land for caribou.
Chairman Smith said Mr. Kelly didn’t know
anything about that, but the grizzly bear will
be de-listed at Yellowstone.
Ms. McFaddan said the grizzly is to be de-listed
in the northern continental divide.
Ms. McFaddan said the
Forest Service is continuing to work on their
comments for caribou from a science perspective.
The extended comment period is good for the
Forest Service as it allows more time to put
together a good review. Ms. McFaddan said she
understands that once a comment is submitted it
goes into the Federal Register so everyone knows
what the concerns are. Ms. McFaddan said she
remains optimistic that by the time the Forest
Service gets their comments in, the State
Department of Fish and Game will talk about
issues of science. Chairman Smith said he
understands that Brian Kelly covers the
Idaho area and also covers the
Department of Fish and Game in
Spokane
as well.
Ms. McFaddan said the draft
revised Forest Plan came out and the Forest
Service had an open house last week. The open
house was attended by approximately 30 people
and it seemed to have gone well. Ms. McFaddan
said the East Fork Meadow Creek Project was
appealed by the Lands Council and the
Alliance
for Wild Rockies so the Forest Service is
starting to work on that.
The meeting with Ms.
McFaddan ended at 10:15 a.m.
10:15 a.m., Clerk Glenda
Poston joined the meeting.
Marine Deputy and Waterways
Board member Mike Naumann joined the meeting at
10:20 a.m.
Commissioner Kirby moved to
amend today’s agenda for 10:30 a.m., to include
a meeting with Clerk Poston and Mr. Naumann in
regards to a grant for the
Waterways
Building addition. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
Chairman Smith said we knew
how much this project was going to cost, but
then updates were needed to meet current codes.
The County temporarily hired Mike Woodward to
draft new blue prints for trusses and footings,
which had increased costs. At the last meeting
to discuss the status of the project it was said
if the building had a gravel floor instead of a
concrete floor that would suffice and Mr.
Naumann was to contact the grantor to see if
that was okay.
Mr. Naumann said he
contacted a grant representative for this area
and was told that she understands what is going
on. Mr. Naumann was told when a small town
adopts new regulations for buildings it makes it
difficult to get a project done. Mr. Naumann
said he was advised to apply for a grant for
phase II for this project. Phase II can be done
in order to ask for over run money for the
changes made and engineering costs. Mr. Naumann
said he thinks it will cost $12,000 to include
engineering and a plastic door to go between the
addition and the old building, plus moving the
gas line. Mr. Naumann said he had plenty of
money, a $3,000 to $4,000 leeway. Applying for
phase II is a whole other grant process and
there is grant match to that as well. Mr.
Naumann said the grantor is also not in favor of
taking out the concrete floor from the plan. Mr.
Naumann said he was told there is probably a
good chance of being awarded phase II due to
circumstances beyond his control. Commissioner
Kirby said it isn’t Mr. Woodward who caused the
increase it was the permitting process the City
of Bonners Ferry
and Sewell Engineering said had to be done.
Commissioners said Mr. Woodward was between a
rock and a hard spot and Mr. Naumann agreed. In
the original grant the cost of the permit had
not been covered. Mr. Naumann reviewed his list
of costs to determine how much would be left to
cover added costs. Mr. Naumann said the project
is short $12,000 for phase II. Chairman Smith
said if Mr. Naumann is asking for $12,000 in
another grant does that mean there is another
match. Clerk Poston said the County had matched
50% for the initial grant and that was $4,000
in-kind and the remaining $15,000 was from the
Waterways fund. Chairman Smith asked if the
$15,000 is gone and Clerk Poston said yes.
Chairman Smith said there isn’t enough money in
the fund as it is generated by people paying
their boat registrations. Mr. Naumann said a
match is not required for this second grant, but
the more match you put up the more points you
have and the better chances of getting approved.
Clerk Poston said she would check the budget.
Mr. Naumann said he will have to make
application for the next grant and the paperwork
has to be done by the end of this week. Public
Notice doesn’t have to be published in the
newspaper as it can be posted on the County’s
website that the Waterways Board is having a
meeting on this second grant and is inviting
public comment.
Mr. Naumann said the
Waterways Board is having a meeting Thursday so
he will have something for Chairman Smith to
sign after the meeting.
Commissioner Kirby moved to
sign the phase II grant application with the
Idaho Department of Parks and Recreation for the
Waterways
Building
addition cost shortage. Chairman Smith yielded
the chair to second. Motion passed unanimously.
Commissioner Kirby said if
push comes to shove and the grant application
needs to get to Coeur d’
Alene on Friday, he will
take it. Mr. Naumann said he will work with Mike
Weland to have a notice posted on the County’s
website to advertise that the Waterways Board is
inviting public comment on this matter at their
next meeting. Mr. Naumann questioned how he will
be paid for this additional time as he is still
employed by the County as a marine deputy.
Chairman Smith asked Mr. Naumann if he is also
on the Waterways Board. Chairman Smith gave a
reminder that the building addition is also to
house Search and Dive
Rescue County
owned equipment, not Search and Dive’s
personally owned equipment. Chairman Smith said
this is Search and Dive Rescue he’s talking
about, not the Posse.
Mr. Naumann said if he
doesn’t get this grant, he can request a change
order although that is not the preferred method.
The meeting with Mr.
Naumann and Clerk Poston ended at 10:40 a.m.
There being no further
business, the meeting recessed until the City of
Bonners Ferry, City of Moyie Springs,
and Boundary
County
meeting to be held on Wednesday, January 25,
2012 at 6:00 p.m., at the City of
Moyie Springs Office.
***Wednesday, January 25, 2012,
6:00
p.m., Commissioners participated in a joint
public meeting held in the Moyie
Springs
City Hall with the City of Moyie Springs and the
City of Bonners Ferry.
Present were: City of Moyie Springs Clerk Sandy
Tompkins, City of Moyie Springs Mayor Doug
Evans, City of Moyie Springs Fire Chief Ken
English, City of Moyie Springs Public Works
Supervisor John Nelson, and the City of Moyie
Springs council members, City of Bonners Ferry
Clerk Kris Larson, City of Bonners Ferry Mayor
Dave Anderson, City of Bonners Ferry
Administrator Stephen Boorman and Assistant
Administrator David Sims, Economic Development
Specialist Mike Sloan, Ken Nichols with Century
West Engineering, Bonners Ferry City council
members, County Commissioners Ron Smith and Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
Mayor Doug Evans spoke of
trying to find a resolution to the City of
Moyie’s sewer service
issues and mentioned the possibility of a
pipeline from Moyie Springs to Bonners Ferry.
Mayor Evans said he has three or four options on
board and the City of Moyie Springs has to do
something. Sewer projects could range from
$2,000,000 to $4,000,000. It was said the
current Moyie Springs system does not meet the
Department of Quality regulations. Mr. Nelson
said the current system is supposed to discharge
into three drywells and it has started eroding
the hillside. It is now discharged above ground.
David Sims explained how the City of
Bonners Ferry’s system works and said
if the City of Bonners
Ferry had to ratchet down
the affluent limits the City will have to make a
change. Mr. Boorman said this is a good time to
ask these questions as the City of
Bonners Ferry is redoing
their master plan. Mr. English questioned if the
new Customs and Border Patrol Office would want
to connect onto the new line. Chairman Smith
provided a brief history of wanting to add a
waterline at the Three Mile area, but the area
had to be in the area of impact and the people
did not want that. Mr. Sims said this area may
have a lot more clients to add to its system due
to the growth potential. Bonners Ferry Council
member Mike Klaus spoke of the range of cost for
operators for a system. Commissioner Kirby
suggested considering a large sewer district to
include everyone and to think about the increase
to population and businesses. It was said it
would be better to have a larger sewer system
than numerous smaller ones. Mr. Klaus said he
doesn’t think it would cost much more if
anything to run the figures.
Mr. Sloan said the property
owners in the Three Mile area are wasting a lot
of their properties due to drain fields as it’s
unbuildable. Mr. Sims said the best place to put
the system is on the bench and doing so could do
away with a discharge permit. Mr. Nelson talked
of smaller leach fields and the cost. Chairman
Smith wondered who would operate the system
since it would be on the Bench, which is in the
County. Mr. Boorman mentioned working together
such as a regional district. Mayor Anderson said
the city council would go back and look into the
details.
Chairman Smith said he
wanted to talk more about recycling. In Bonners
Ferry there are now two unmanned sites; one in
the Middle School parking lot and another one in
the parking lot behind the Panhandle Health
District. Chairman Smith said these sites are
doing 100% better than he anticipated. Having a
system such as the City of
Bonners Ferry’s may also
be an ideal one for Moyie Springs. Solid Waste
Superintendent Claine Skeen is in the process of
talking to George Elliott about possibly having
a manned site. The City of
Bonners Ferry has their
two sites picked up two to three times per week
and the cost to the City is $1,000 for the two
sites on that schedule. The options are curbside
recycling or unmanned sites.
Mayor Anderson said the
City has been pleased by the results, but may
have put the cart before the horse as there are
smaller costs that are adding up. This may
become a service that everyone expects, but it
is just a trial for now, according to Mayor
Anderson.
Chairman Smith spoke of the
Kootenai Valley Resource Initiative (KVRI)
meeting where the caribou critical habitat was
discussed. Chairman Smith explained the County
has requested public hearings and public
meetings and has been granted a 60 day extension
to the comment period. A resolution on
coordination has also been adopted. The hearing
is just to give your comments to the US Fish and
Wildlife Service. Acreage in this matter
consists of 376,000 acres and 270,000 of those
acres are in Boundary
County. Mr. English and Mr. Sims
voiced their concerns as a result of critical
habitat designation.
Chairman Smith briefly
explained how the public meetings will be held
and that they would be held in the high school
auditorium once the dates have been worked out.
The meeting ended at 7:30
p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy Clerk
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