County commission minutes, September 24-25 |
| October 17, 2012 |
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Blue Sky Broadcasting reporter Mike Brown and county resident Merrill Marcy joined the meeting. Commissioner Dinning moved
to amend the agenda for Mr. Marcy left the meeting. Mr. Gutshall presented a written report. Mr. Gutshall said he has
worked on 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. 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 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 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. 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. Mr. Gutshall left the meeting. 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 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 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
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
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
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
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
BOARD OF
s/_____________________________
RONALD R. SMITH, Chairman
s/_____________________________
DAN R. DINNING, Commissioner
s/_____________________________
WALT KIRBY, Commissioner
ATTEST:
s/____________________________________________________
GLENDA POSTON,
Clerk of the Board of Recorded as instrument #255221 Boundary Volunteer
Ambulance President Ken Baker and Clerk Glenda
Poston joined the meeting at Commissioner Dinning moved
to ratify signing the Independent Contractor
Agreement with Bonners Ferry Builders for the
addition to the Commissioner Dinning moved
to ratify signing the County’s Alcohol Catering
Permit for the Kootenai River Brewing Company
for the date of 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. 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., 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 Clerk Glenda Poston joined
the meeting at 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 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 Chairman Smith discussed
the funding issues the The meeting with Ms.
Woodward, Ms. Anders, Mr. Small and Clerk Poston
ended at Commissioner Dinning moved
to amend the agenda for Commissioners recessed for
lunch at 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 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 Commissioners tended to administrative duties. 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 There being no further
business, the meeting recessed until tomorrow at Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. 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 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 The meeting with Ms.
McFaddan ended at There being no further
business for the morning session, Commissioners
recessed until the afternoon session at 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 Chairman Smith asked for
the staff report. Mr. Studer said the purpose to
rezone multiple properties located in the 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. 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 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 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 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 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 Commissioner Dinning moved
to continue this public hearing in order to take
it under advisement until The public hearing ended at There being no further
business, the meeting adjourned at /s/ RONALD R. SMITH, Chairman ATTEST:
/s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy |