Commission minutes
February 7, 2012

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