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Monday, September 24, 2012,
Commissioners met in regular session with
Chairman Ron Smith, Commissioner Dan Dinning and
Deputy Clerk Michelle Rohrwasser. Commissioner
Kirby was out of the office tending to personal
matters.
9:00 a.m., Road and Bridge
Superintendent Jeff Gutshall joined the meeting
to give the departmental report.
Blue Sky Broadcasting
reporter Mike Brown and county resident Merrill
Marcy joined the meeting.
Commissioner Dinning moved
to amend the agenda for
9:30 a.m., to add signing the grant
application for the Emergency Communication
Commission, fiscal year 2013 Dedicated Enhanced
Emergency Communications Grant Fee Fund in the
amount of $31,208, as it is a time sensitive
matter. Chairman Smith yielded the chair to
second. Motion passed unanimously.
Mr. Marcy left the meeting.
Mr. Gutshall presented a
written report.
Mr. Gutshall said he has
worked on Fawn Lane
and it looks really good. Mr. Gutshall discussed
phone lines that need to be moved for certain
projects.
Chairman Smith mentioned
the emergency project work on the Lion’s Den
slough and Deep Creek. The projects are in the
engineering process and the County is not liable
for expenses, according to Mr. Gutshall.
Mr. Gutshall informed
Commissioners he had received a complaint of
tire damage caused by the type of rock placed on
the District 5 Road.
9:15 a.m., County resident Sam Fodge
joined the meeting.
Mr. Gutshall spoke of
restoration work for Deep Creek Loop and the
Paradise Valley Hill. Crushing of ¾ inch rock is
going on at the Moyie Pit and there are two
sloughs to repair on the
Westside Road.
Mr. Gutshall also mentioned
the Deep Creek Loop emergency project. The Local
Highway Technical Assistance Council (LHTAC) is
convinced to try to mitigate and intercept water
from the hillside before reconstruction and is
also looking to reduce the cost. There won’t be
a need to apply for reimbursement of costs if
LHTAC tries French drains to address runoff.
There are three railroad
crossing closures by
Moyie River Road
and the railroad has a list of practically
everyone who is supposed to be notified. Mr.
Gutshall mentioned which bridges will be
affected.
The government has given
approval to remove the curbs at the site of the
new Border Patrol facility. The curbs had to be
installed in order to complete the project, but
this week the curbs will be removed and replaced
with a gutter system that is below grade,
according to Mr. Gutshall.
Mr. Fodge said he stopped
by Commissioners’ Office to show them a sample
of bio-diesel he made and he explained it is a
mixture that is recommended by all engine
manufactures. Mr. Fodge said this biodiesel is
certified and he has been using it for over two
years now at 100%, but he does cut it in the
wintertime. The cost for this product is $3.30
per gallon whereas the price at the pump is
$4.30. It was said that Road and Bridge is
probably paying $3.78 at this point. All
warranties would stay the same for this
biodiesel, according to Mr. Fodge.
Clerk Glenda Poston joined
the meeting.
Mr. Fodge said CAT wants at
least a 20% blend. Mr. Gutshall asked about
testing and Mr. Fodge said he tests every 30
days. Chairman Smith suggested Mr. Fodge and Mr.
Gutshall discuss this. Mr. Fodge said besides
himself, Wood’s Crushing and Hauling and Tom
Daniel uses this biodiesel. Mr. Fodge said he
considers it a savings to the county. Mr. Fodge
said he has been using this biodiesel for over
two years now and he has been checking his
equipment, which he found has been running
cooler.
9:30 a.m., Mr. Fodge left the
meeting.
Commissioner Dinning moved
to go into executive session under Idaho Code
#67-2345 (1)b, to consider the evaluation,
dismissal or disciplining of, or to hear
complaints or charges brought against, a public
officer, employee, staff member or individual
agent, or public school student. Chairman Smith
yielded the chair to second. Commissioners voted
as follows: Chairman Smith “aye” and
Commissioner Dinning “aye”. Motion passed
unanimously. 9:45
a.m., Commissioner Dinning moved to
go out of executive session. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
Mr. Gutshall left the
meeting.
9:45 a.m., Kootenai Kloggers members
Cheryl Myers and Art Morin joined the meeting to
discuss the fees for renting Memorial Hall.
Commissioner Dinning moved
to authorize the Chairman to sign the grant
application for the Emergency Communication
Commission, fiscal year 2013 Dedicated Enhanced
Emergency Communications Grant Fee Fund in the
amount of $31,208. Chairman Smith yielded the
chair to second. Motion passed unanimously.
Commissioner Dinning moved
to approve the minutes of September 10 & 11,
2012. Chairman Smith yielded the Chair to
second. Motion passed unanimously.
Chairman Smith explained
the process of rental fee increases for the Fair
Board facilities that also included a fee
increase for use of Memorial Hall. Chairman
Smith explained that renting Memorial Hall falls
under the Commissioners whereas the other
facilities fall under the Fair Board. Chairman
Smith said his understanding is the fees were
raised to $40 but the fees the Kootenai Kloggers
are paying is $25. Ms. Myers said the Kootenai
Kloggers had been granted an exemption of the
fee increase by a former Fair Board staff
member. Clerk Poston said she could look back
through the minutes. The $10 included in the
fees is for the Fair Board’s work in writing up
the agreements, maintaining keys, and meeting
the scheduling needs, etc.
Chairman Smith said this is
an increase of $5 from the previous increase of
$35, but Ms. Myers said it’s an increase of $15
for them. Ms. Myers said the Kootenai Kloggers
really can’t afford to pay more. If there was a
dance, Ms. Myers said she could understand
charging more, but not for renting the room on
Mondays and Tuesdays. Ms. Myers said she goes to
the Fair Board Office twice a year for about one
half hour to mark all the days down on the
calendar, writes a check for those rental days
and that is it so for an extra $10 for each
rental day doesn’t seem to warrant that much
maintenance money. Ms. Myers said the group just
can’t afford it and will have to find someplace
else as they just don’t have the members.
Commissioner Dinning said
the county attorney will say Commissioners are
extending credit by giving a break and counties
are not allowed to do that. Commissioner Dinning
asked Ms. Myers what she would do if she were in
Commissioners’ place. Ms. Myers said she would
allow the same price as it’s a time when there
isn’t a high need for this building. Chairman
Smith asked if Mondays and Tuesday are the least
likely day people would rent Memorial Hall.
Clerk Poston said it’s hard for her to say for
sure, but the demand for those days is probably
less. Chairman Smith mentioned Ms. Myers saying
the Kootenai Kloggers can’t afford the increase
and are currently paying $200 per year. If the
Kloggers had to pay $40 each time they rent
Memorial Hall and went elsewhere because they
couldn’t afford that, that is eliminating $200
currently coming to the county. Chairman Smith
said the mistake in not increasing their fee in
the past has been made, but the Kloggers are
already renting the space. Clerk Poston said
when Courthouse Maintenance Jerry Kothe brought
his budget in he felt the budget needed an
increase due to various reasons to include the
increased use of the building, increased costs
of utilities,
etc., so that was a couple of the reasons
the rental fee increased by $5.
Commissioner Dinning said
his thought is to keep the fee for the Kootenai
Kloggers the same for this year, but to give
them a year to prepare as an increase will need
to be considered. Chairman Smith said he thinks
that’s the fair way as well. Clerk Poston said
it is telling the Fair staff to make these
rental arrangements on one $10 fee so Fair staff
is doing the paperwork and dealing with the keys
back and forth. Ms. Myers said she has her own
set of keys. Clerk Poston said if maintenance
issues arise and need to be taken care of to
contact Jerry Kothe in Courthouse Maintenance as
the Fair staff is not involved with that. Mr.
Morin said Mr. Kothe does not do any cleaning
for them. Clerk Poston said the renters are
supposed to keep the facilities clean, but if
they can’t, they need to let Mr. Kothe know, not
Ms. Schnepf.
Commissioner Dinning
suggested that the Kootenai Kloggers be prepared
for an increase this time next year.
The meeting with Ms. Myers
and Mr. Morin ended at
10:09 a.m.
Commissioners tended to
administrative duties.
Commissioner Dinning moved
to sign the Professional Services Agreement with
Whisper Mountain Professional for the rewrite of
the County’s All Hazard Mitigation. Chairman
Smith yielded the chair to second. Motion passed
unanimously.
Commissioner Dinning moved
to sign the fiscal year 2012-2013 contract for
law enforcement services for the Kootenai Tribe
of Idaho.
Chairman Smith yielded the chair to second.
Motion passed unanimously.
Commissioner Dinning moved
to adopt Resolution #2012-41. A resolution
increasing fiscal year 2011-2012 Justice Fund
Sheriff budget due to receipt of unanticipated
revenue. Chairman Smith yielded the chair to
second. Motion passed unanimously. Resolution
#2012-41 reads as follows:
Resolution
2012-41
Increasing
Fiscal Year 2011-2012 Justice Fund Sheriff
Budget
Due to Receipt
of Unanticipated Revenue
WHEREAS, the Board of County
Commissioners, County of Boundary, State of
Idaho, did establish an operating budget for the
Justice Fund Sheriff Fund for fiscal year
2011-2012; and
WHEREAS, $34,954.03 has been received
from the State of
Idaho Military
Division
from the Stonegarden Grant for as reimbursement
for overtime wages and expenses; and
WHEREAS, the Boundary County
Commissioners deem it in the best interest of
the general public of Boundary County to
increase the Fiscal Year 2011-2012 Justice Fund
Sheriff Budget for that purpose; and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County;
and
WHEREAS, it is appropriate to increase
the fiscal year 2011-2012 Justice Fund Sheriff
Budget revenue account number 0008-00-0324-0010
in the amount of $34,954.03 and expense account
numbers as follows:
Account #
Purpose of Reimbursement
In the Amount of
08-02-407-002
County
Overtime
Wages
10,356.34
08-02-470-000
Vehicle Fuel
298.32
08-02-475-000
Vehicle Repairs
562.48
08-02-559-000
City Wages
228.30
08-02-559-000
Bonner
County
Wages
23,508.59
NOW THEREFORE,
upon motion duly made, seconded and unanimously
carried,
IT IS RESOLVED that the increase to the
fiscal year 2011-2012 Justice Fund Sheriff
Budget revenue account number 0008-00-0324-0010
in the amount of $34,954.03 and expense account
numbers as listed above in the total amount of
$34,954.03 is hereby authorized and ordered; and
IT IS FURTHER RESOLVED that the Clerk is
instructed to deliver certified copies of this
resolution to the Boundary County Treasurer and
the Boundary County Auditor.
DATED this 24th
day of September, 2012
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
#255221
Boundary Volunteer
Ambulance President Ken Baker and Clerk Glenda
Poston joined the meeting at 10:30 a.m.
Commissioner Dinning moved
to ratify signing the Independent Contractor
Agreement with Bonners Ferry Builders for the
addition to the
Waterways
Building. Chairman
Smith yielded the chair to second. Motion passed
unanimously.
Commissioner Dinning moved
to ratify signing the County’s Alcohol Catering
Permit for the Kootenai River Brewing Company
for the date of
September 15, 2012. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
10:35 a.m., Commissioner
Dinning moved to recess as the Board of County
Commissioners and convene as the Governing Board
of the Boundary County Ambulance Service
District. Chairman Smith yielded the chair to
second. Motion passed unanimously.
10:40 a.m., Commissioner Dinning
moved to adjourn as the Governing Board of the
Ambulance Service District and reconvene as the
Board of County Commissioners. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
Boundary Volunteer
Ambulance President Baker left the meeting.
Treasurer Jenny Fessler
joined the meeting and those present discussed
verifying funds received and items discussed at
the Idaho Association of Counties Conference.
Treasurer Fessler and Clerk
Poston left the meeting at
11:00 a.m.
11:00 a.m., Area Agency on
Aging representatives Gini Woodward, Marilyn
Anders and Bob Small joined the meeting to
update Commissioners on Agency matters.
Ms. Woodward updated
Commissioners on matters of the Community
Guardianship Board prior to discussing the Area
Agency on Aging. Ms. Woodward said the Board of
Guardians hasn’t met all summer and there is
currently no activity for them. This Board does
have a meeting on Wednesday. Ms. Woodward said
Board’s application form has been modified
listing tighter questions.
Commissioners reviewed the
budget set for the Community Guardianship Board.
Ms. Anders said she wanted
to talk about an inventory check to be conducted
by Disability Rights Organization of Idaho in
regard to polling places. This group will check
on polling places for accessibility for disabled
individuals and there is a checklist online that
lists a number of criteria, according to Ms.
Anders. Chairman Smith said he thinks Clerk
Poston has worked on that and has received funds
for this purpose. It was said the Area Agency on
Aging is asking for County representative help
in inventory. Chairman Smith said with changing
laws counties are responsible for all elections.
Commissioner Dinning listed
Boundary
County’s polling sites. Commissioner
Dinning said his concern is rather than having a
person go around checking the sites and
reporting issues to the state, he thinks the
person should be able to notify the county so
any issue can be rectified.
Clerk Glenda Poston joined
the meeting at
11:10 a.m.
Ms. Anders said there are a
number of organizations that perform these
checks. Clerk Poston said she hasn’t been
approached by this particular company, but she’s
had communication with the Help America Vote Act
representatives. Ms. Anders said this company is
working to check out the polling sites. Clerk
Poston asked Ms. Woodward to let her know if she
or others plan on being at the polling sites
other than to vote so she can give them
identification. Clerk Poston said people are
welcome to call her for assistance.
Clerk Poston said there are
funds available to help make polling sites
handicap accessible.
Mr. Small said the Retired
Senior Volunteer Program (RSVP) has been going
on for 40 years and
Boundary
County is now his territory. Last
year volunteers put in more than 62,000 hours in
northern counties, according to Mr. Small. Mr.
Small said he has been in public relations,
marketing and communications, and has since
moved into this program. Mr. Small said he has
been a volunteer and knows the importance of
volunteerism. Student mentoring programs and
community on patrol members were discussed and
Mr. Small said he would like to see these
services happening in
Boundary
County more often.
Mr. Small said the other
reason he’s here is that he would like to get
endowment started and he asked Commissioners if
they would like to make sure there’s a way to
serve the senior population in perpetuity and to
not rely on public funding. This endowment is
overseen by Inland Northwest Community
Foundation who has a stellar reputation for
overseeing endowments. Mr. Small said there’s
need to create public awareness for this
endowment so people know this is an option.
Mr. Small explained that
the Area Agency on Aging is a department of
North
Idaho College.
From a taxpayer standpoint, it is a good thing
for everyone as there is oversight. One question
Mr. Small says the thing is if this is an agency
under NIC, why can’t they get the same tax
credits for donors who also donate to NIC? There
is a two page document that explains the tax
advantages for donators. Mr. Small said he would
like to have a presence in the community and he
asked Commissioners to help get the word out
about this organization.
Chairman Smith discussed
the funding issues the
Senior
Hospitality
Center is having in supporting the
senior transportation bus. Ms. Anders said the
Senior
Center contracts with the Area
Agency on Aging for the meal program and
transportation service. Ms. Anders said Clif
Warren with Community Transportation Association
of Idaho is a real advocate for these programs,
but unfortunately the Area Agency on Aging took
a huge hit in funding. It was a multi-faceted
cut in funding and the Agency lost dollars in
the state formula, according to Ms. Anders. Ms.
Anders said the Agency also did not know that
all additional unspent state dollars were
returned to the state so when the June invoice
for reimbursement was submitted, the state
dollars were no longer there so those invoices
had to be paid out of fiscal year 2013 budget,
which leaves a shortage.
The meeting with Ms.
Woodward, Ms. Anders, Mr. Small and Clerk Poston
ended at 11:30
a.m.
Commissioner Dinning moved
to amend the agenda for
11:50 a.m., to sign a letter of
support for the Historical Society’s efforts to
obtain a grant to make repairs to the museum
facility as the matter is time sensitive.
Chairman Smith yielded the chair to second.
Motion passed unanimously.
11:50 a.m., Commissioner Dinning
moved to authorize the Chairman to sign a letter
of support for the Historical Society in
obtaining a grant for repairs to the museum
facility. Chairman Smith yielded the chair to
second. Motion passed unanimously.
Commissioners recessed for
lunch at noon.
1:30 p.m., Commissioners reconvened
for the afternoon session with Chairman Smith,
Commissioner Dinning and Deputy Clerk Michelle
Rohrwasser.
1:30 p.m., Commissioners held a bid
opening for the County’s fuel supply for fiscal
year 2012-2013. Present were: Chairman Ron
Smith, Commissioner Dan Dinning, Deputy Clerk
Michelle Rohrwasser, Road and Bridge
Superintendent Jeff Gutshall, Jim Dyck of Dick’s
Oil and Auto, and Mike Brown with Blue Sky
Broadcasting. The bid opening was recorded.
One sealed bid was received
from Dyck’s Oil and Auto. A bidder’s security
check in the amount of $8,482.35 was included as
a 5% of the total amount bid. Chairman Smith
reviewed the bid information submitted. The
overall total amount bid was $169,647 for
unleaded E-10 gasoline, ultra low diesel #2 and
dyed diesel #1. Chairman Smith said for
clarification that this bid includes all
transportation and administrative costs.
Commissioner Dinning asked
about diesel mark ups and Mr. Dyck said that was
for diesel #1. Mr. Gutshall reviewed the bid
details and informed Commissioners he had budget
available for this.
Commissioner Dinning moved
to accept the bid of $169,647 from Dyck’s Oil
and Auto for the County’s fuel supply for fiscal
year 2012-2013. Chairman Smith yielded the chair
to second. Motion passed unanimously.
The bid opening ended at 1:45 p.m.
1:50 p.m., Solid Waste Superintendent
Claine Skeen joined the meeting to follow up on
the discussion of obtaining land in Moyie
Springs for a monitored site.
Commissioner Dinning said
he spoke to Damon Allen with the Idaho
Transportation Department and was informed that
a law was passed in that the state has to
appraise their surplus property and also offer
the land to neighbors rather than automatically
working out a trade or arrangement with the
county. Commissioner Dinning said he discussed
this with one of the local legislators to
explain the difficulties of this process and how
it would be helpful to allow trades between
government entities. Commissioner Dinning said
the county needs to go down the road of a lease
option. Mr. Skeen said the only issue with this
piece of land is that there are houses across
the highway. It was said the county should make
a request for a lease and if the property was
offered for sale, the process calls for a public
auction. Commissioners reviewed a map of the
site that Mr. Skeen had. Commissioner Dinning
said he would make verbal contact and see what
option would be available.
The meeting with Mr. Skeen
ended at 2:20
p.m.
Commissioners tended to
administrative duties.
2:30 p.m., Chief Deputy Clerk Tracie
Isaac and Clerk Glenda Poston joined the meeting
to discuss job descriptions. Commissioners
reviewed the revised Planning and Zoning
Administrator job description.
Clerk Poston and Chief
Deputy Clerk Isaac said the Sheriff’s Office had
a job description pertaining to 911 and informed
Commissioners the employee’s wages will remain
the same if a job their transferring to within
the county is a lower grade.
There is also a new
administrative assistant position included in
the Sheriff’s Office budget and it is a grade 8,
according to Clerk Poston. Clerk Poston informed
Commissioners that staff has yet to respond to
her office about the status of jail medical
reimbursement. There is no one working with the
reimbursement and this affects the indigent
budget, according to Clerk Poston.
Those present discussed the
form to be used for determining an inmate’s
indigent status. A memo Commissioners had sent
to the Sheriff’s Office explains having the
ability to bill for medical issues and the form
to be used. Clerk Poston said she would like to
include jail medical reimbursement related
duties into this new job description.
Commissioners, Clerk Poston
and Chief Deputy Clerk Tracie Isaac discussed
various aspects of the Bailiff’s position.
Chairman Smith suggested consulting with the
Idaho Association of Counties about this
position.
The meeting with Clerk
Poston and Chief Deputy Clerk Isaac ended at
3:10 p.m.
There being no further
business, the meeting recessed until tomorrow at
9:30 a.m.
Tuesday, September 25, 2012,
Commissioners met in regular session with
Chairman Ron Smith, Commissioner Dinning and
Deputy Clerk Michelle Rohrwasser. Commissioner
Walt Kirby was out of the office tending to
personal matters.
9:13 a.m., Deputy Clerk Nancy Ryals
joined the meeting.
Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Chairman Smith yielded the chair to
second. Motion passed unanimously.
9:17 a.m., Commissioner Dinning moved
to go out of closed session. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
Commissioner Dinning moved
to deny indigent application #2012-30 as per the
Clerk’s recommendation. Chairman Smith yielded
the chair to second. Motion passed unanimously.
Commissioner Dinning moved
to deny the third party application for indigent
2012-34 as the application has been withdrawn.
Chairman Smith yielded the chair to second.
Motion passed unanimously.
Deputy Clerk Ryals left the
meeting at 9:17
a.m.
District
Forest Ranger Linda McFaddan met
with Commissioners to update them on Forest
Service matters.
Ms. McFaddan said the
Forest Service is just working on the normal
program work. Field work is wrapping up for the
Twenty Mile project and only the soils are left.
Ms. McFaddan said she is going to prepare for a
meeting with the Forest Subcommittee meeting
with the Kootenai Valley Resource Initiative and
staff has been in the field gathering data. Ms.
McFaddan said so far it has been a slow fire
year.
Ms. McFaddan spoke of
making sure specific grant work is done for year
2012. There is a Wildland Urban Interface (WUI)
meeting next Thursday and those present
discussed the history of the Fire Safe Program
in Boundary
County.
Commissioners spoke of the need to update the
Community Wildfire Protection.
The meeting with Ms.
McFaddan ended at
9:35 a.m.
There being no further
business for the morning session, Commissioners
recessed until the afternoon session at 1:30 p.m.
1:30 p.m., Commissioners reconvened
for the afternoon session with Chairman Ron
Smith, Commissioner Dan Dinning and Deputy Clerk
Michelle Rohrwasser.
1:30 p.m., Commissioners
held a public hearing on Planning and Zoning
Application #12-006, a legislative zone map
amendment concerning private lots along the
Moyie River. Present were: Chairman Ron Smith,
Commissioner Dan Dinning, Deputy Clerk Michelle
Rohrwasser, Planning and Zoning Administrator
Dan Studer, Esther Rothwell, Elaine Duncan, Mike
Boling, Ken Lustig, Mike LoPorto, Ann Brezina,
and Rae Jeanne Adams. The public hearing was
recorded.
Chairman Smith reviewed the
public hearing procedures and explained the
application is a legislative zone map amendment
to rezone properties along the
Moyie
River and as it is a legislative
matter, conflicts of interest do not apply. The
Comprehensive Plan consideration is for urban
zone in ag/forestry zone analysis and the
upcoming staff report.
Chairman Smith asked for
the staff report. Mr. Studer said the purpose to
rezone multiple properties located in the
Moyie River
from ag/forestry to suburban as reflected in the
County’s Comprehensive Plan map. Mr. Studer
continued reading aloud from his staff report.
The lots included in the rezone are comprised
mostly of one to two acre lots, which were
developed and subdivided in the late 1960’s and
mid 1970’s primarily as recreational lots. There
are no covenants or restrictions associated with
these subdivisions, according to Mr. Studer.
Because of the physical properties of the land
and the layout of the parcels, the majority of
the parcels have not been developed due to lack
of potable water, insufficient area or soils to
allow septic system or lack of utilities. Mr.
Studer reviewed the definitions of suburban and
ag/forestry to those present. After much
consideration it was determined that the
suburban zone district best described these
parcels even though the majority of them remain
under minimum parcel size under the proposed
zoning.
If approved, long term
affects of this application will result in an
increase of development of residential tracts;
however, as the majority of a land within the
area of rezone is comprised of subdivisions
platted more than 40 years ago, the increase is
expected to be minimal. The proposed amendment
would not result in an increase in property
taxes as the underlying zoning is not a factor
in assessing taxable property value.
Chairman Smith said
currently this area is zoned 10 acres as
ag/forestry and this zone change would reduce
that size to two and one half acres. Cluster
development was another provision mentioned in
the narrative, according to Mr. Studer. A person
could establish a platted subdivision with the
properties adjacent to the river being two and
one half acres and reserve areas further behind
that into perpetuity in either silviculture or
agriculture management. Chairman Smith
questioned that designation being requested and
Mr. Studer said no.
Chairman Smith said if this
amendment is done, what is the detriment to the
landowners with 10 acre parcels? Mr. Studer said
there would be no detriment. Mr. Studer said
most of the parcels there existing now are
non-conforming lots and are even below two and
one half acres. Mr. Studer said he would guess
that 10% or 20% of the entire area would be
affected by someone subdividing to two and one
half acres. Mr. Studer said there are over 200
parcels in this area. Chairman Smith asked if
the majority of these parcels are 10 acres in
size and Mr. Studer said the majority are most
likely one to three acres with four acres being
pretty good size.
Commissioner Dinning said
looking at 13.2.4., that he thought was
referenced in a letter written by Brad
Littlefield, it talks about, in tracts of land
primarily particularly along the upper Moyie
River have been recognized and developed
primarily for recreational use. That’s what
we’re seeing; those parcels being discussed are
all small already. The highest and best use for
the landowners at this time may be to allow that
development to occur or the division down to a
smaller parcel. Commissioner Dinning said there
are a large number of those parcels that are one
acre so the area has been impacted already. Mr.
Studer said that was correct. Commissioner
Dinning said for clarification the Good Grief
area is not included in this process. Mr. Studer
said that area is included in this process. It
was originally in there at the onset, but we’re
just looking at changing ag/forestry to
suburban. Commissioner Dinning said that is what
he meant; that Commissioners are not considering
commercial.
Chairman Smith opened the
hearing to public testimony and asked for public
comments from those in favor to the application
followed by comments form those uncommitted to
the application. No one from the public spoke.
Speaking in opposition was
Esther Rothwell, Elaine Duncan and Ken Lustig,
all residents on Earl Lane; Mike Boling,
resident of Moyie River Road, and Ann Brezina of
Buzzard Lake Road.
Ms. Rothwell presented
Commissioners with a diagram of the Lane’s
Subdivision to show Commissioners where she
lives in relation to the proposal. Ms. Rothwell
pointed out the road that would enter the
proposed subdivision that passes her property.
Ms. Rothwell said she is across from Feist Creek
and Buzzard Ranch and she bought property in
this area as it is agricultural and rural. Ms.
Rothwell said she is a permanent resident and
her concerns include fire safety. Ms. Rothwell
explained she was present the day a fire truck
tried to go down the road leading to the
property in question to get to a house on fire.
Ms. Rothwell explained the lack of maintenance
on this road to a specific distance. There is no
cell service in this area so it takes time to
get a response to fire emergencies and the Hall
Mountain Fire Department consists of volunteers
and she asked Commissioners to consider this
before allowing Richard Villelli to subdivide
his land.
Ms. Rothwell said there is
a lot of recreation in this area and she has
concerns about one acre lots, seasonal road
maintenance and law enforcement presence, but
her biggest concern is fire and a road that is
not accessible by the fire trucks.
Mr. Studer said for
clarification that utilities are required for
lots of one to two and one-half acres or two and
one-quarter acres in size. Commissioner Dinning
said this is referring to a municipal water and
sewer system so if both utilities do not exist,
the lowest division of property is two and
one-half acres. Commissioner Dinning asked Ms.
Rothwell if her requirements were met prior to
creating smaller divisions, would her concerns
be met. Mr. Rothwell said partially, but that
area needs water. Commissioner Dinning said for
clarity that Ms. Rothwell is concerned about the
specific area beyond her property and Ms.
Rothwell said yes.
Commissioner Dinning asked
Ms. Rothwell if her concerns over fire truck
access would be alleviated if there were
requirements before a division could occur of a
smaller size in the suburban zone, that the
roads meet an all weather-type standard. Ms.
Rothwell said it would partially, but the other
side of that pertains to water access. Ms.
Rothwell would request that a developer have a
water system furnished for the fire trucks as
she mentioned the fire department doesn’t get
their water from the fire station as there is no
well at this time.
Elaine Duncan said she
lives south of Ms. Rothwell. Ms. Duncan said he
understood that Planning and Zoning staff had
recommended denial of the application to rezone
and Chairman Smith said the Planning and Zoning
Commission had recommended denial. Ms. Duncan
said the rezone proposed would not affect lots
of one acre or one and one half acres as it
really only the larger parcels. Ms. Duncan
referenced a comment Mr. Studer made in regards
to community well and community water systems.
It was mentioned if there were either a
community water system or community septic
system, but not both then a suburban designation
could be reduced to one acre.
Mr. Studer said where a
community water or sewer service are available
lot size can be as low as one acre. Lots with
neither of these services can be reduced to two
and one half acres. Ms. Duncan asked if a
community well is considered a community water
service under that definition. Mr. Studer said
he would assume so if someone is collecting
bills and charging fees, etc. Ms. Duncan said
she is asking because of an application that was
filed by Mr. Villelli as he has stated in a
prior public hearing on this application.
Chairman Smith said if
Commissioners approved an application wherein
the applicant said they were going to construct
a community water system, etc., then approval
would be pending that service being made
available.
Ms. Duncan said when she
and her husband purchased their property she was
aware the County’s Comprehensive Plan proposed
to rezone this land from ag/forestry to suburban
and she said for clarification that she is only
speaking in reference to Section 14 and south of
Earl Lane Road. Ms. Duncan said she had no
opinion at that time, but after living in this
area for years and having studied the
Comprehensive Plan, she is convinced the
rezoning is not a good idea. One reason is that
the topography of the land is not suited for
denser development. Most of the parcels that
could be subdivided are either extremely steep
right next to the river or if they’re flat, they
have large portions that are marshy part or most
of the year. In addition the other flat sections
of those parcels that might be developed are
sandwiched between the river and the gas
pipeline.
Ms. Duncan said the second
issue is that the area lacks road access.
Earl Lane
is a dirt road and part of it is a county road
up to 384 Earl Lane
Road and that part is plowed and maintained by
the county. Ms. Duncan said the county road
actually continues for another two-tenths of a
mile according to a deed, but this portion has
never been maintained or plowed and it is a 25
foot easement. Ms. Duncan mentioned the county
has a right-of-way standard of 60 feet currently
in the Road Standards and this road does not
meet this standard and probably couldn’t without
a considerable amount of expense. Chairman Smith
said the County Road
and Bridge Superintendent commented that this
road is too narrow and the county probably
couldn’t make the road large enough, and just
because the road was deeded to the county
doesn’t mean it has to be maintained or make it
a county road. Chairman Smith said Commissioners
checked with their civil attorney about that and
he agreed. Ms. Duncan said that really is the
crux of the issue for this application because a
suburban designation requires a developer to
install a county road. Ms. Duncan said the road
is not adequate to support greater density.
Chairman Smith asked Ms. Duncan if she would
approve of the rezone if the road was not an
issue. Ms. Duncan said no.
Commissioner Dinning asked
Mr. Studer about comments made in reference to
county standards for roads in a suburban zone.
Mr. Studer said he believed there was the
ability for reduced standards, but he would have
to look that up. Mr. Studer said he thought that
came into play in the simple subdivision process
where a paved road is not required.
Commissioners asked Ms. Duncan to read Section
13.4.6., in the County’s Comprehensive Plan. Ms.
Duncan said this pertains to the designation of
suburban. Proposed residential development in a
suburban area should require the installation of
roads up to county standards.
Chairman Smith said he has
a problem in telling someone to go ahead and put
a road in and as long as it meets certain
conditions that’s okay with Commissioners. But
if all of this is on private property, then he
assumes there isn’t too much Commissioners can
say about what happens on private ground.
Commissioner Dinning said
he would like clarity on the road standards
issues and if Commissioners are going to accept
it, but also there are road requirements in the
Ordinance when it comes to simple subdivisions.
If it is a simple subdivision, the county just
requires proof of access. Mr. Studer said
because the property that is being subdivided
does not touch a county road, which is where Ms.
Rothwell is located then what the County is
looking at is a short plat subdivision. Mr.
Studer reviewed what is required under the short
plat subdivision provision.
Chairman Smith said this is
about a zone change so in that case, do
Commissioners have to abide by these road issues
along with the zone change? Mr. Studer said no,
not to his current knowledge. Commissioner
Dinning said his understanding is that the zone
change would allow development to a lesser size.
When that development occurs it will be
restricted by the conditions within the
Ordinance and what is being said is to meet an
all weather road standard and he couldn’t recall
if it was for four or less parcels. Mr. Studer
said the road doesn’t have to be up to the 60
feet paved road as listed in the manual as it
could be to a standard that is sufficient for
emergency vehicles and all weather access and
this is the criteria we’re going by. Mr. Studer
said this is also looking at when four or fewer
lots are proposed and Commissioners may waive
width and slope requirements. Mr. Studer said he
is reading from Section 11.3.6., Rural
Subdivisions as listed in the Planning and
Zoning Ordinance.
Ms. Duncan said she is not
trying to deny Mr. Villelli access across her
property and that after living in this area for
the last five years, she just feels the
application is not a good idea.
Ken Lustig asked
Commissioners what plat they’re talking about
and asked about a simple plat. Mr. Studer said
Mr. Lustig is referring to a short plat and he
explained the process for a short plat. Mr.
Studer said divisions of four or fewer are
allowed under a short plat. Commissioner Dinning
said in response to Mr. Lustig there is law
concerning short plats and he explained if
someone owned 40 acres in a 10 acre zone, the
property owner could split their property into
four, 10 acres parcels. Mr. Lustig asked if
someone can do a short plat if they’ve already
broken up their property over the last 50 years
and this is the last of what’s left of it. Mr.
Studer said subdividing in a subdivision goes
into further restrictions and he would have to
research that, but then said that is prohibited.
Mr. Lustig said what Mr. Studer read refers to
the quality of the road inside the subdivision;
not leading to the subdivision, but he sees
Commissioners saying, no that involves access to
the subdivision. Mr. Lustig said he doesn’t
think that was an accurate interpretation. Mr.
Lustig said the Ordinance and Comprehensive Plan
both refer to standards and we have to agree as
to what the standards are.
Mr. Lustig spoke of the
road and said at one point this road ceased to
be maintained for whatever reason. Chairman
Smith asked Mr. Lustig if he had information
that shows the road was ever maintained. Mr.
Lustig said in 1993 that road was rocked all the
way to the end of the properties. Chairman Smith
asked if that was done by the county and Mr.
Lustig said he didn’t know, but he was the only
resident who lived on that road in 1993. Mr.
Lustig said he guessed it was the gas pipeline
company that rocked the road. Chairman Smith
said that would not be the county. Mr. Lustig
said his point is that when Commissioners are
talking about a rezone because these are all
previously existing, etc., none of that applies
to that parcel south of Section 15. Mr. Lustig
also mentioned that this road is also a dead
end. Mr. Lustig said the point he is trying to
make is when he bought his land in 1992, he
bought it deliberately in an ag/forest, dead end
road because he wanted the privacy.
Mr. Lustig said he has not
been in favor of this rezone and one reason is
that the Moyie
River is at best a modest stream
that from mid July to the winter months has a
minimal flow that prevents virtually all river
activities.
Mr. Lustig said there is no
definition for an all weather road and the road
issue is important because this road is a county
road that provides access to this rezone area.
Commissioner Dinning said Commissioners have
consulted with the county’s attorney about road
standards and there are roads that don’t meet
today’s standards, but they met the standards in
the past. Commissioner Dinning said even though
the road is not county maintained it says it is
a public road for the public to drive.
Mr. Lustig suggested
Commissioners work out these issues prior to
inviting applications. Mr. Lustig said the cost
to improve the size of Earl Lane Road from a 25
foot right-of-way to a 60 foot right-of-way for
.4 miles would involve something of a domain
purchase and utility work to serve a potential
for 20 lots or more and it doesn’t make sense.
This road doesn’t serve the public, just the
subdivision, if it is allowed.
Ann Brezina said she owns a
larger parcel in this area and she explained
where her residence is. Ms. Brezina listed
various issues to include dust being an issue in
the summer months and that the people that come
to visit in the summer do not respect her
animals or the area. Ms. Brezina said the
mentality is that the smaller the lots, the more
people move to the area who think they’re living
in the country and let their dogs run loose. Ms.
Brezina said the dogs chase her animals. Thefts
have occurred, according to Ms. Brezina. Ms.
Brezina said this is specific to the Lane Moyie
River Subdivision.
Mike Boling said he lives
south of the Lane’s subdivision and he has
agreed with most of the comments. Mr. Boling
listed various issues of concern this area would
not be good for a higher density and he
continued to mention concerns over dust issues,
river recreation, increased litter, and river
degradation. Mr. Boling said he concurs with Mr.
Lustig, Ms. Duncan and Ms. Rothwell. Mr. Boling
said he is on the Board of Commissioners for the
Hall Mountain Fire Association and he was
present when the fire truck got stuck on Earl
Lane Road and he felt methods for improved
access need to be in place if there is higher
density. Mr. Boling said he hoped the county’s
fire marshal would have input on this matter.
Mr. Lustig presented a
letter from the Howell’s for the record.
Commissioners closed the
hearing to public testimony. Commissioner
Dinning said the area of concern is the Lane’s
Moyie River
area south of the Section 15 corner and
significant information has been brought
forward. Chairman Smith said there are too many
issues that he would like to take under
advisement.
Ms. Duncan handed
Commissioners written information and pictures
of the area in question to keep with the
original Planning and Zoning file.
Chairman Smith said there
are too many things that have been said that is
not according to the County’s Comprehensive Plan
such as roads, etc., and he doesn’t feel
comfortable making a decision. Commissioner
Dinning said he had only planned on making a
motion on another piece where there had been no
concerns. Chairman Smith said the request is to
rezone all of the particular areas. Commissioner
Dinning said Commissioners don’t have to include
all areas in the rezone. Chairman Smith said if
there was a motion to approve a rezone for a
portion of the area, he would probably vote no
and he would prefer to take the matter under
advisement to another date. Chairman Smith said
he would also like to have Attorney Robinson
present as questions may come up.
Commissioner Dinning said
there has been no one speaking against the
Nixon
Moyie River
area and the Welcome Ranch area. These areas
consist of different topographies and different
situations. The Lane
Moyie
River is the area that has been
spoken against, except as he understood,
anything lying north of Section 15 would be
acceptable to include in the rezone.
Commissioner Dinning said he understood that the
area south of Section 15 was the concern.
Chairman Smith said if he could get a consensus
that everyone at this hearing is okay with
rezoning those other areas and excluding Lane’s
Moyie River Subdivision at this time, then he
would go along with that. Commissioner Dinning
said the Queen Mountain/Twin Bridges area has
county road frontage with the exception of two
parcels.
Rae Jeanne Adams said her
assumption was that there wasn’t going to be a
partial decision. That is was either rezone or
not rezone and nothing would be separated out.
Commissioners were asked by
a member of the public if they received
correspondence from Vic Chevren as he lives
north on the Buzzard
Lake Road.
Commissioners said they had.
Commissioner Dinning moved
to approve the Queen Mountain/Twin Bridges
rezone and the Nixon’s Moyie rezone and either
continue, depending on discussion, or deny the
Welcome Ranch and the Lane’s
Moyie River
areas. Chairman Smith said he would second the
motion, but he would vote no, unless the motion
incorporated all areas. Commissioner Dinning
said he must have misunderstood Chairman Smith’s
prior comments.
Commissioner Dinning moved
to continue this public hearing in order to take
it under advisement until Monday, October 1, 2012 at 10:15 a.m., only for the purpose of setting the
future date of the final hearing to include the
County’s attorney and staff. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
The public hearing ended at 3:20 p.m.
There being no further
business, the meeting adjourned at
3:20 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy
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