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***Monday,
December 10, 2012,
Commissioners met in regular session with
Commissioner Dan Dinning, Commissioner Walt
Kirby and Deputy Clerk Michelle Rohrwasser.
Chairman Ron Smith was out of the office
attending a GEM Plan meeting.
9:00 a.m.,
Road and Bridge Superintendent Jeff Gutshall
joined the meeting to give the departmental
report. No written report was given.
Commissioner Kirby thanked Road and Bridge for
placing sand on the roads.
Clerk Glenda Poston also joined the meeting.
Commissioner Kirby moved to appoint Commissioner
Dinning Acting Chairman in the absence of
Chairman Ron Smith. Commissioner Dinning second.
Motion passed unanimously.
Mr. Gutshall said the work at the Restorium and
the Hospital’s facility consisting of placing
rock has been completed.
Mr. Gutshall mentioned contacting Denny Wedel of
BF Builders about the
Waterways
Building addition as he is not sure
if he can do the concrete pad in this weather.
Mr. Gutshall said construction is winding down
now.
Mr. Gutshall said he wrote a letter to Damon
Allen with the Idaho Transportation Department
(ITD) for District 1 about closing out projects.
It sounds like this process is going on now and
the information should be received by the
financial department in
Boise. After the credit
for another bridge, there should be between
$40,000 and $50,000. Mr. Gutshall explained as
each project is completed a deposit is made as
per the State/Local Agreement. The share for the
Meadow Creek Project was over and those
additional funds remain in that account as a
positive balance.
Waterways Board Member Mike Naumann joined the
meeting at 9:05
a.m.
Mr. Gutshall said he has $150,000 in
construction engineering funds for
Deep
Creek Bridge
#4. Mr. Gutshall said it was predicted the cost
for Bridge #2 will be $200,000 and he expects
there will be a request for $90,000 down, but he
doesn’t think the expenses will actually be that
high.
Clerk Poston said there is a concern over the
status of the
Waterways
Building
addition as the grant will expire June 2013.
Commissioners were also informed that the picnic
tables still need to be placed at the Deep Creek
Boat launch. Clerk Poston said she has the
vessel fund reporting form. There are still
funds available via the grant to place picnic
tables that has not been expended or received.
The state will fund $21,850 and the county has
matching funds. Clerk Poston expressed her
concern and said she doesn’t want to lose site
of this grant.
Mr. Gutshall said Mr. Wedel wasn’t sure if he
would get to this project this winter, but if
the weather is good, Road and Bridge may be able
to get their portion of the work done. Mr.
Naumann said the gas line has already been
moved.
Clerk Poston said there is a slight change to
the Annual Road and Bridge Financial Report and
she presented this report for signature.
Commissioner Kirby moved to sign the Annual Road
and Street Financial Report. Acting Chairman
Dinning yielded the chair to second. Motion
passed unanimously.
Commissioner Kirby moved to sign the County
Vessel Fund Reporting and Remittance Form for
retention of county vessel funds. Acting
Chairman Dinning yielded the chair to second.
Motion passed unanimously.
Mr. Naumann and Mr. Gutshall left the meeting at
9:15 a.m.
Commissioners tended to administrative duties.
Clerk Poston left the meeting at 9:25 a.m.
9:30 a.m.,
Commissioners considered the County Alcoholic
Beverage License Renewal Applications for year
2013. Motions are as follows:
Commissioner Kirby moved to approve the
following establishments for the 2013 Alcoholic
Beverage license: Clifford Kramer dba Feist
Creek Falls Resort, Great NW Territories LLC dba
The Great Northwest Territories Event Center,
George H. Elliott dba Moyie Springs Store,
Zinsit LLC dba
Wild Horse Mercantile & Saloon, Yvonne
Sheppard dba Porthill Mercantile & Bistro,
Charles F. Quillin dba Three Mile Corner,
and Chad &
Laura Kimball dba Naples General Store. Acting
Chairman Dinning yielded the chair to second.
Motion passed unanimously.
Commissioner
Kirby moved to approve the following
establishments for the 2013 Alcoholic Beverage
license pending receipt of the 2013 State
license and 2013 Panhandle Health District
Permit: Patrick Carson dba Everything Wine and
Judith and Jon Terry dba JJ Cookshack/Alpine.
Acting Chairman Dinning yielded the chair to
second. Motion passed unanimously.
Commissioner
Kirby moved to approve the following
establishments for the 2013 Alcoholic Beverage
license pending receipt of the 2013 City of
Bonners Ferry license and 2013 Panhandle Health
District Permit: DaVonna Cada dba Lane 9,
Danielle & Michael Reasoner dba Mugsy’s Tavern &
Grill, Kootenai Tribal Development Corp. dba
Kootenai River Inn Casino & Spa, and David M.
Young dba South Hill Mini Mart. Acting Chairman
Dinning yielded the chair to second. Motion
passed unanimously.
Commissioner Kirby
moved to approve the following establishments
for the 2013 Alcoholic Beverage license pending
receipt of the 2013 Panhandle Health District
Permit: Kootenai View Golf Resources dba Mirror
Lake Golf Course and
Northwoods Tavern LLC dba Northwoods Tavern.
Acting Chairman Dinning yielded the chair to
second. Motion passed unanimously.
Commissioner Kirby moved to approve the
following establishments for a 2013 alcoholic
beverage license pending receipt of the 2013
City of Bonners Ferry License: Bright Lights
Little City LLC dba Pearl Theater, Truesdell &
Co. LLC dba Papa Byrd’s Bistro, Michael Naumann
dba Kootenai River Brewing Company LLC, Safeway
Inc. dba Safeway #2954, Morgen Fodge dba Pizza
Factory, Kathleen & Associates LLC dba Bonners
Ferry Conoco, Jack & Shelly Yount dba Under the
Sun, J&T Enterprises of Idaho, Inc., dba Akins
Harvest Foods, and Fraternal Order of Eagles
Aerie dba Eagles Aerie & Auxiliary #3522. Acting
Chairman Dinning yielded the chair to second.
Motion passed unanimously.
Commissioner Kirby moved to approve the
following establishment for a 2013 alcoholic
beverage license pending receipt of the 2013
State license and 2013 City of Moyie Springs
license: Deborah Jean Hayes dba Moyie Club.
Acting Chairman Dinning yielded the chair to
second. Motion passed unanimously.
Commissioner Kirby moved to approve the
following establishment for a 2013 alcoholic
beverage license pending receipt of the 2013
State License, 2013 City of
Bonners Ferry License
and Panhandle Health District Permit:
CHS Inc.,
dba Cenex/Zip Trip #33. Acting Chairman Dinning
yielded the chair to second. Motion passed
unanimously.
Commissioner Kirby moved to approve the
following establishments for the 2013 County
Alcoholic Beverage License pending receipt of
all applicable documentation and fees: Manito
Super 1 Foods, Inc. dba Bonners Ferry Super 1
Foods, Sarah Philbrook/Toboggan Hill dba Coffee
Creek Cabin, Kevin & Jennifer McLeish dba 505
Steak and Sushi, Good Grief Grill & Grocery,
American Legion, Mario DeLeon & Mario’s Mexican
Restaurant, and Kootenai River International
Resort dba Main Street Gas. Acting Chairman
Dinning yielded the chair to second. Motion
passed unanimously.
The motion to approve the beverage license
renewals ended at
9:35 a.m.
Commissioners reviewed claims for approval. Fund
totals are as follows:
Current Expense
$28,048.19
Road & Bridge
69,181.93
Airport
4,759.01
District Court
3,183.00
Justice Fund
33,916.13
911 Funds
1,149.85
Indigent & Charity
9.85
Junior College Tuition
42.00
Parks and Recreation
724.59
Revaluation
4.47
Solid Waste
9,605.44
Veterans Memorial
1,068.08
Weeds
239.08
Restorium
16,284.54
Waterways
265.34
Grant, Restorium
39,772.87
TOTAL
$208,254.37
Citizens are invited to inspect detailed records
on file in the Courthouse (individual claims &
Commissioners’ allowance & warrant register
record 2012).
9:50 a.m.,
Treasurer Jenny Fessler joined the meeting.
County resident Channing Nagel stopped by the
office to briefly discuss the McArthur Lake
Corridor in relation to game and vehicle
collisions. Mr. Nagel said the use of the game
tunnels north of town doesn’t justify the cost
to construct them. The main issue is the driving
habits of people of the highway. Mr. Nagel spoke
of issues of deer, elk and train accidents. Mr.
Nagel also feels the driver education
instructors probably need a refresher course
because of the results he’s seeing of young
drivers. Nothing is taught to young drivers
about hydroplaning, according to Mr. Nagel.
Acting Chairman Dinning suggested Mr. Nagel
discuss his concerns with the school district,
but Mr. Nagel said he felt it was better for
Commissioners to do that.
Mr. Nagel left the meeting at 10:00 a.m.
Commissioners addressed various tax
cancellations and extensions.
Commissioner Kirby moved to grant an extension
of time to pay the second half of year 2012
taxes for parcel #MHM0130000030UA until
June 20, 2013. Acting Chairman
Dinning yielded the chair to second. Motion
passed unanimously.
Commissioner Kirby moved to cancel solid waste
fees totaling $111.48 for year 2012 as the
parcel should only have one solid waste fee
assessed. Acting Chairman Dinning yielded the
chair to second. Motion passed unanimously.
Treasurer Fessler left the meeting at
10:05 a.m.
Commissioners tended to administrative duties.
10:10 a.m.,
Clerk Glenda Poston and Deputy Clerk Nancy Ryals
joined the meeting to discuss Secure Rural
Schools (SRS) funding.
10:15 a.m., Deputy Clerk Ryals informed
Commissioners that use of SRS funds is basically
the same and the deadline to initiate Title III
projects was September 30, 2012. The 45 day
comment notice has been published and included
all categories so the county is covered. This
deadline applies to years 2008 through 2011 and
also includes year 2012, according to Deputy
Clerk Ryals. The only year the county listed
they were using the funds was year 2011 as the
funds used in year 2012 had been carried over.
The request for use of those funds did go to
public comment. The total amount was $15,160.70
and about $12,000 is remaining. Acting Chairman
Dinning questioned if the funds are spent once
obligated. There is a deadline to obligate funds
and that has been done, but all of the funds
have not been spent. Any funds not obligated by September 30, 2012 have to be returned.
Deputy Clerk Ryals said when these funds are
spent it has to be reported. In November 2011,
there was a travel expense for Acting Chairman
Dinning, but that expense was initially covered
by Commissioners and then later reimbursed when
the SRS funds came in. Deputy Clerk Ryals said
funds had been expended in 2012, and she did not
know if Acting Chairman Dinning would have any
more expenses. Acting Chairman Dinning said he
didn’t know. The report has to be submitted by
February 1, 2013, according to Deputy
Clerk Ryals.
The discussion on SRS funds ended.
Commissioner Kirby moved to withdraw the appeal
on indigent application #2011-40 as the appeal
has been withdrawn. Acting Chairman Dinning
yielded the chair to second. Motion passed
unanimously.
Those present discussed possible future changes
to indigent legislation.
Clerk Poston and Deputy Clerk Ryals left the
meeting at 10:30
a.m.
Commissioner Kirby moved to approve the minutes
of November 26 & 27, 2012. Acting Chairman
Dinning second. Motion passed unanimously.
There being no further business, the meeting
recessed until tomorrow at
9:00 a.m.
***Tuesday,
December 11, 2012,
Commissioners met in regular session
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser. Chairman Smith was out of
the office attending a GEM Plan meeting, but
participated in the appeal hearing briefly via
telephone. Commissioner Dan Dinning joined the
meeting after the appeal hearing, scheduled for
9:00 a.m., ended.
9:00 a.m., Commissioners held a public hearing
to consider the appeal filed by Patrick and Ada
Gardiner and Bryan and Sara Ferguson of Planning
and Zoning Application for a Conditional Use
Permit #11-063. This is a conditional use permit
requested by Tungsten Holdings to open and
operate a gravel pit.
Present were: Commissioner Walt Kirby, Planning
and Zoning Administrator Dan Studer, Deputy
Clerk Michelle Rohrwasser, Bonners Ferry Herald
Reporter Laura Roady, and Tungsten Holdings’
Owner Rick Dinning and employees Stan Pruitt and
Raina Haworth. Chairman Ron Smith participated
via conference call. The public hearing was
recorded.
Chairman Smith asked if any Commissioner had a
conflict of interest. Commissioner Kirby said he
did not. Commissioner Dan Dinning was not
present at the appeal hearing due to having a
conflict of interest. Chairman Smith also did
not have a conflict of interest.
Commissioner Kirby moved to continue the appeal
hearing until February 19, 2013 at 9:00 a.m., in
the Extension Office for the following reasons:
#1, Chairman Smith cannot physically attend this
public hearing today because he is out of town
on county business and Commissioner Dinning
cannot take part as it would be a conflict of
interest, and #2, the county’s attorney, Phil
Robinson, is unable to attend the public hearing
due to illness and is also currently out of the
state at this time. Commissioners will be
enlisting the services of Attorney Tevis Hull to
represent the Commissioners at the appeal
hearing and it will take from now until the
February 19, 2013 appeal hearing for him to get
up to date and be knowledgeable for this
representation. Chairman Smith yielded the chair
to second. Motion passed unanimously.
The appeal hearing ended at 9:05 a.m.
Commissioner Dan Dinning joined the meeting.
Commissioner Kirby moved to appoint Commissioner
Dan Dinning Acting Chairman in the absence of
Chairman Smith. Commissioner Dinning second.
Motion passed unanimously.
Commissioners tended to administrative duties.
9:30 a.m.,
Boundary County Translator District Board
Chairman Michael Listman joined the meeting to
question the District’s ability to borrow funds.
Mr. Listman said the District’s Board is
interested in borrowing funds, but he doesn’t
know what hoops they would have to jump through.
Acting Chairman Dinning said the Translator
District is an entirely separate district and he
suggested Mr. Listman check with the District’s
attorney. Acting Chairman Dinning said there is
an Idaho Code section that refers to working
with a lending institution. Acting Chairman
Dinning said he thought it would take a judge to
say whether or not the purchase was a normal and
necessary expense. Mr. Listman said the District
is thinking of running fiber up
Black Mountain,
which would allow for more tenants on the tower,
and Verizon and AT&T have expressed interest.
Mr. Listman said this project would consist of
approximately nine miles of cable at a cost of
approximately $300,000 to $400,000. This is a
point to point system so people along the way
would not be able to access the cable, according
to Mr. Listman.
Commissioners and Mr. Listman discussed what
channels are being broadcast. Mr. Listman said
after fiber is installed and the channels are
updated, he hopes to reduce the translator fee.
There will be no increases for this improvement
other than possibly the tenants on the tower.
Mr. Listman left the meeting at 9:40 a.m.
Commissioners tended to administrative duties.
Commissioner Kirby moved to grant an extension
of time to pay taxes for year 2009 for parcel
#RP63N01E147050A until
May 15, 2013. Acting Chairman Dinning
yielded the chair to second. Motion passed
unanimously.
There being no further business, the meeting
recessed until this afternoon at
1:45 p.m.
1:45 p.m.,
Commissioners reconvened for the afternoon
session with Acting Chairman Dinning,
Commissioner Kirby and Deputy Clerk Michelle
Rohrwasser.
1:45 p.m., Commissioners reviewed the Findings
and Decision for Zone Map Amendment #12-006, for
a rezone of multiple properties located on the
Moyie River from agriculture/forestry to
suburban as reflected on the Boundary County
Comprehensive Plan Map. The proceedings were
recorded.
On October 29, 2012 Commissioners held their final public
hearing to consider this rezone and at the time,
moved to approve the application. The purpose is
to rezone certain properties from
agriculture/forestry to suburban. Acting
Chairman Dinning said a narrative is attached to
the written findings, conclusion and decision.
During deliberation the Commissioners find that
the purpose of the amendments is to bring the
Zone Ordinance up to date with the Comprehensive
Plan, that the area involved is not
Agricultural/Forestry by its nature, and is more
suited for recreational purposes, and road
access in the area is by state, county and
private roads. All parcels and lots in the
proposed change are accessible by road, and
access to these areas is consistent with roads
throughout the county.
Commissioner Kirby had made motion on October
29, 2012 to rezone the following areas from
agriculture/forestry to suburban: 51 total lots
and parcels of the Lane’s Moyie River tracts, 27
total lots and parcels of the Welcome Ranch
tracts, 85 total parcels and lots of the Nixon’s
Moyie River tracts, and 47 total lots and
parcels of the Queen Mountain/Twin Bridges
tracts as depicted in the Comprehensive Plan
Map. Commissioner Dinning had seconded the
motion and the motion passed unanimously.
Commissioner Kirby moved to approve the Findings
and Decision for the Zone Map Amendment #12-006,
Moyie River Corridor. Acting Chairman Dinning
yielded the chair to second. Motion passed
unanimously.
Commissioner Kirby moved to adopt Ordinance
2013-1. An ordinance amending the Zone Ordinance
Map 2012-1 to comply with
Boundary County’s
Comprehensive Plan Map 2008-23 to show areas
currently depicted as agriculture/forestry zone
to suburban zones along the
Moyie
River corridor. Acting Chairman
Dinning yielded the chair to second. Motion
passed unanimously. Ordinance 2013-01 reads as
follows:
Boundary
County
Idaho
Ordinance 2013 - 01
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, AMENDING
THE ZONE ORDINANCE MAP 2012-1 TO COMPLY WITH
BOUNDARY COUNTY COMPREHENSIVE PLAN MAP 2008-23
TO SHOW AREAS CURRENTLY DEPICTED AS
AGRICULTURE/FORESTRY ZONE TO SUBURBAN ZONES
ALONG THE MOYIE RIVER CORRIDOR.
WHEREAS,
Section 18.6 of the Boundary County Planning and
Subdivision Ordinance 2012-1 empowers the Board
of County Commissioners to initiate Legislative
action to amend the Ordinance Zone Map; and
WHEREAS, the
Boundary County Comprehensive Plan and Map as
signed on July 8, 2008 and as amended November
29, 2009 show specified subdivisions and parcels
along the Moyie River corridor as Suburban Zone;
and the revision of the Boundary County Zone
Ordinance and Map signed October 24, 2011 show
these same parcels under the
Agriculture/Forestry Zone, the Board of County
Commissioners exercised their right to apply for
a Zone Map Amendment 12-006 to amend the Zone
Ordinance Map from Agriculture/Forestry to
Suburban to reflect the intention of the
Comprehensive Plan and bring both maps to
agreement; and
WHEREAS, the
Planning and Zoning Commission did hold public
hearing on March 15, 2012 and forwarded to the
Board of Commissioners a recommendation to deny
the amendment noting the sentiment that Suburban
Zone is inappropriate for the rural area, which
lacks Suburban infrastructure, has problems
related to road access and safety, especially
with concern for emergency vehicle access; and
WHEREAS, the
County Commissioners held public hearing June
15, 2012 and reviewed the staff report,
Comprehensive Plan, and took public testimony.
Commissioners recognize the blocks as
recreation zones, and not Agriculture/Forestry
commercial in nature.
The county and private roads are
consistent with roads throughout the county.
The Commissioners voted on an amended
decision to approve the Nixon-Moyie block (85
lots and parcels), the
Lanes
Moyie
River
(51 lots and parcels), and the Queen Mtn./Twin
Bridges block (47 lots and parcels).
The remainder blocks were not changed;
and
WHEREAS, on
August 21, 2012
Ken Lustig did meet with the Commissioners
regarding public notification of the June 15
hearing, and having not had notice, and being an
interested party, Commissioners asked Dan Studer
on procedures taken.
Studer reported that only legal notice
was issued in the newspaper, and mailing and
signs not completed.
The Commissioners therefore scheduled a
rehearing of 12-006 for
September 25, 2012;
and
WHEREAS, on
September 25, 2012 Commissioner Smith and
Dinning met in public hearing where issues arose
due to proposed motions for an amended decision
lead both Commissioners to agree to table the
hearing until Commissioner Kirby could attend
and provide for a third vote; and
WHEREAS,
Commissioners met on October 29, 2012 to reopen
the public hearing discussion, at which a letter
from Civil Attorney Robinson regarding road
issues, and Zone Administrator Studer regarding
subdivision ordinance rules, were read into the
record; and
NOW,
THEREFORE,
Commissioner Kirby moved to rezone the
following areas from Agriculture/Forestry Zone
to Suburban Zone: 51 total lots and parcels of
the Lane’s Moyie River tracts; 27 total lots and
parcels of the Welcome Ranch tracts; 85 total
parcels and lots of the Nixon’s Moyie River
tracts; and 47 total lots and parcels of the
Queen Mountain/Twin Bridges tracts, whose legal
description is as depicted in the Comprehensive
Plan Map 2008-23.
IT IS RESOLVED
by unanimous vote that the lots and parcels
identified are changed on the Zone Ordinance Map
to Suburban Zone and the descriptions are those
described on the Comprehensive Plan Map 2008-23.
Approved and adopted as an Ordinance of Boundary
County, Idaho, by the Board of County
Commissioners, this 11th day of
December, 2012, upon the following roll call
vote:
Commissioner Smith:
_Absent_ YES
________ NO
Commissioner Dinning:
___X____YES
_________ NO
Commissioner Kirby:
___X____YES
_________NO
BOARD OF
COUNTY
COMMISSIONERS
ABSENT_____________________
RONALD R.
SMITH, CHAIRMAN
s/____________________________
DAN DINNING,
COMMISSIONER
s/____________________________
WALT KIRBY,
COMMISSIONER
ATTEST:
s/_____________________________
GLENDA POSTON
Clerk of the Board of Commissioners
Recorded as instrument #256001
There being no further business, the meeting
adjourned at
1:50 p.m.
/s/
DAN R.
DINNING, Acting Chairman
Attest:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy
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