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***Monday,
October 29, 2012, Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
Blue Sky Broadcasting
Reporter Mike Brown was also in attendance of
the meetings throughout the day.
9:00 a.m., Road and Bridge
Superintendent Jeff Gutshall and Assistant
Superintendent Ken Arthur joined the meeting to
give the departmental report. Mr. Gutshall
presented a written report.
Commissioner Dinning moved
to approve the minutes of October 8 & 9, 2012.
Commissioner Kirby second. Motion passed
unanimously.
Mr. Gutshall said Road and
Bridge crews are catching up on multiple
projects and he mentioned looking into gravel
reconstruction of
Lookout View Road
next year. District 5 Road should be
substantially complete, according to Mr.
Gutshall. Those present discussed work done to
Lions Den Road to
include chipsealing. The part of the road that
Road and Bridge had torn up has been a problem
so that will be worked on. Chairman Smith spoke
of the routes available to get across the
Kootenai
River. Lions
Den Road will have
work done to stabilize the area where the slough
occurred and gravel will be placed.
Mr. Gutshall said he will
look into continuing reconstruction of
Fawn Lane
and chipsealing many areas in Cow Creek and
Paradise
Valley to include the
Paradise
Valley hill.
Mr. Gutshall said the
Cabinet Mountain Water Association was going to
repair the water line area causing problems at
the junction of Blue
Sky Road
and Shamrock Road.
Mr. Gutshall said he will
work to complete the top of Paradise Valley Hill
with ditch armor and finish with fine rock and
patching. Mr. Gutshall said the
White Mountain
Bridge
has been fixed, but it is starting to get holes
again. Commissioner Dinning said 319 grant funds
may be available for the bridge repairs and he
suggested Mr. Gutshall contact the Total Maximum
Daily Loads (TMDL) representatives.
Mr. Gutshall said his crew
should be done with the
Riverside Park
project tomorrow.
9:20 a.m., Forest Service District
Ranger Linda McFaddan joined the meeting.
Mr. Gutshall and
Commissioner Dinning briefly discussed the
matter before legislators pertaining to
extending county road rights-of-way.
The meeting with Mr.
Gutshall and Mr. Arthur ended at
9:30 a.m.
Commissioner Dinning
briefly discussed the crop loss sustained as a
result of flooding and water saturation this
year. The cost of the damage totals $450,122,
but does not include farms that did not write a
loss amount.
Ms. McFaddan informed
Commissioners that she doesn’t have anything new
to report. The Forest Service is burning in
certain areas and monitoring the fires and other
than that it is business as usual in working on
the National Environmental Policy Act (NEPA) for
Collaborative Forest Landscape Restorative (CFLRP)
projects, according to Ms. McFaddan.
Commissioners had no comments, questions or
concerns to voice to Ms. McFaddan.
Commissioner Dinning asked
about weed spraying. Ms. McFaddan said weed
spraying was done and the Forest Service was
good about completing everything they needed to
get accomplished.
The meeting with Ms.
McFaddan ended at
9:35 a.m.
Commissioners discussed
various matters to include the request of the
Kootenai Tribe to have properties put into
tribal trust.
Commissioners tended to
administrative duties.
9:55 a.m., Clerk Glenda Poston and
Boundary Volunteer Ambulance (BVA) President Ken
Baker joined the meeting.
Those present discussed
BVA’s request to lease half of the county’s
maintenance shop at $1 per year. President Baker
said he and Courthouse Maintenance Jerry Kothe
are working together on getting the shop ready.
Commissioner Dinning said
Boundary
County has received the title to the
ambulance unit that
Bonner County
has donated.
Those present discussed
BVA’s yearly audit. Per an agreement between
Boundary
County and BVA, the County cannot
issue funds totaling $8,000 to BVA until BVA’s
annual audit is received.
The meeting to discuss
ambulance matters ended at
10:10 a.m., and President Baker and
Clerk Poston left the meeting.
Commissioners tended to
administrative duties.
Commissioner Dinning moved
to approve the minutes of October 15 & 16, 2012.
Commissioner Kirby second. Motion passed
unanimously.
11:00 a.m., Snowmobile
Board Chairman Jeff Urbaniak and Clerk Glenda
Poston joined the meeting to discuss the status
of receiving quotes to rebuild the snowmobile
warming shelter and restroom.
Commissioner Kirby moved to
authorize the Chairman to sign the Contract
Amendment #15 with Inland Forest Management.
Commissioner Dinning second. Motion passed
unanimously.
Commissioner Dinning moved
to set the County tax deeded property auction
for April 8, 2013 at 10:00 a.m.
Commissioner Kirby second. Motion passed
unanimously.
Chairman Smith said Mr.
Urbaniak had problems finding builders who
carried a public works license. Mr. Urbaniak
agreed that he had contacted various builders
and with the exception of Bonners Ferry
Builders, most builders who were interested
didn’t want to deal with obtaining a public
works license, and Bonners Ferry Builders is
busy on other jobs. Mr. Urbaniak said Tim Fulton
of Fulton Construction is the only builder who
does have a public works license and he happens
to be available. The quote received from Fulton
Construction was for the amount of $35,000. It
was mentioned the quote from Crawford and
Company, the insurance adjuster was $34,823.
Commissioner Dinning asked if the Snowmobile
Board fund had $5,000 available if needed.
Clerk Poston said Mr.
Fulton is the person who came out to the site to
provide an estimate for the insurance company.
Clerk Poston said she would check on the figures
as there is a bit of difference in the estimate.
Clerk Poston said there are two amounts to
include the amount of $31,780.68 for the warming
shelter and $3,042.62 for an overall total of
$34,823.30.
Commissioner Dinning said
no matter what the figure is there is a
deductible and he questioned if the Snowmobile
Board would want to use the snowmobile fund to
accomplish this. Clerk Poston said she felt
there are enough funds available. Mr. Urbaniak
said the warming shelter does need to be fixed.
Commissioner Dinning moved
to accept the quote from Fulton Construction of
$35,000. Approximately $30,000 is on hand from
the insurance company and the Snowmobile Board
will make up the difference. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to accept the receipt of a public works license
and a general liability insurance certificate
from Fulton Construction. Commissioner Kirby
second. Motion passed unanimously.
Clerk Poston and Mr.
Urbaniak left the meeting at
11:15 a.m.
Commissioner tended to
administrative duties.
Commissioner Dinning moved
to authorize the Chairman to sign the Bureau of
Homeland Security 2012 Emergency Management
Program Grant for a total award amount of
$13,095.71. Commissioner Kirby second. Motion
passed unanimously.
Deputy Clerk Nancy Ryals
joined the meeting at
11:30 a.m.
Commissioner Dinning moved
to adopt Resolution #2012-45. A resolution
establishing Hospital supplemental levy revenue
account and expense budget due to receipt of
unanticipated revenue from interest and penalty.
Commissioner Kirby second. Motion passed
unanimously. Resolution #2012-45 reads as
follows:
RESOLUTION
2012-45
ESTABLISH HOSPITAL SUPPLEMENTAL LEVY REVENUE
ACCOUNT AND EXPENSE BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM
INTEREST AND PENALTY
WHEREAS, the Board of County
Commissioners, County of Boundary, State of
Idaho, did establish an operating budget for
fiscal year 2011-2012; and
WHEREAS, $9,985.90 in unanticipated
interest and penalty has been received for the
Hospital Supplemental Levy, and
WHEREAS, it is appropriate to establish the
Hospital Supplemental Levy Revenue Budget
Account Number 79-00-110-2009 and Expense
Account Number 79-00-559-00 in the amount of
$9,985.90; and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County;
and
NOW THEREFORE, upon motion duly made,
seconded and unanimously carried,
IT IS RESOLVED that the establishment of
the Hospital Supplemental Levy Revenue Budget
Account Number 79-00-110-2009 and Expense
Account Number 79-00-559-00 in the amount of
$9,985.90 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 29th day of October, 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 #255492
Commissioner Dinning moved
to adopt Resolutions 2012-46. A resolution
establishing Restorium Grant revenue account and
expense budget due to receipt of unanticipated
revenue from the State of
Idaho. Commissioner
Kirby second. Motion passed unanimously.
Resolution #2012-46 reads as follows:
RESOLUTION
2012-46
ESTABLISH HOSPITAL SUPPLEMENTAL LEVY REVENUE
ACCOUNT AND EXPENSE BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM
INTEREST AND PENALTY
WHEREAS, the Board of County
Commissioners, County of Boundary, State of
Idaho, did establish an operating budget for
fiscal year 2011-2012; and
WHEREAS, $9,985.90 in unanticipated
interest and penalty has been received for the
Hospital Supplemental Levy, and
WHEREAS, it is appropriate to establish the
Hospital Supplemental Levy Revenue Budget
Account Number 79-00-110-2009 and Expense
Account Number 79-00-559-00 in the amount of
$9,985.90; and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County;
and
NOW THEREFORE, upon motion duly made,
seconded and unanimously carried,
IT IS RESOLVED that the establishment of
the Hospital Supplemental Levy Revenue Budget
Account Number 79-00-110-2009 and Expense
Account Number 79-00-559-00 in the amount of
$9,985.90 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 29th day of October, 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 #255492
11:30 a.m., Commissioner Dinning
moved to go into closed session under Idaho Code
31-874. Commissioner Kirby second. Motion passed
unanimously. 11:40 a.m., Commissioner Dinning moved to go
out of closed session. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to approve the release of lien for indigent
account 2011-42. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to approve indigent applications 2012-36, 2013-1
and 2013-3 as per the Clerk’s recommendation.
Commissioner Kirby second. Motion passed
unanimously.
Deputy Clerk Ryals left the
meeting.
Commissioners tended to
administrative duties.
Commissioners recessed for
lunch at 11:50
a.m.
1:30 p.m., Commissioners
reconvened for the afternoon session with
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser.
1:30 p.m., Commissioners
held a continuation of a public hearing
pertaining to Planning and Zoning Application
#12-006, to rezone multiple properties in
Townships 64 and 65 North, Range 2 East, along
the Moyie River from Agriculture/Forestry to
Suburban. Present were: Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, Deputy Clerk Michelle Rohrwasser, John
Cranor, Elaine Duncan, Richard Villelli,
Marciavee Cossette, and Blue Sky Broadcasting
News Reporter Mike Brown. County Attorney Phil
Robinson participated in the public hearing via
telephone. The proceedings were recorded.
Chairman Smith reopened the
public hearing and explained what had taken
place up to this point. Public comments had been
accepted and Commissioners had been in the
discussion state of the public hearing when
questions came up that they wished to have
answered prior to making a decision.
Chairman Smith opened the
hearing back up to Commissioners’ discussion
with no more further public input. Chairman
Smith said Commissioners had received two
opinions pertaining to road issues and he read
them into the record. Property had been deeded
to the county back around year 1928 and the
question was raised if that property was a
county road. Chairman Smith reviewed County
Attorney Phil Robinson’s opinion in response to
the question of status of the roadway.
Attorney
Robinson’s letter states:
“In our
discussion today, and on prior occasions there
have been those who believe that since someone
has deeded an easement, right-of-way, or roadway
to Boundary County, that there is then a duty of
the County to open, improve, and maintain that
strip of real property within the County Road
System. That assumption is erroneous. First of
all, any landowner can deed any part of portion
of his/her land to anyone they choose, and can
even designate it for a specific, limited, or
general purpose. In the case of the County,
there are other mandatory steps that must be
taken by the County to make it a part of the
road system or to impose any duty or obligation
on the County. First the County must
specifically accept the deed or dedication with
all of its terms and conditions. Second, the
County has to open, maintain, or expend tax
revenue funds on a purported road or
right-of-way. Finally the County would have to
accept the purported roadway or right-of-way
into the County Road System by following the
procedures set out in Idaho Code. It is my
understanding that none of those things have
happened in reference to this parcel of
property. Therefore, it is my legal opinion that
this is not a
County Road,
and that the County has no obligation whatsoever
to open, improve, or maintain that purported
roadway. This opinion is, of course, based on
the accuracy of the facts as presented to me.”
Chairman Smith also read
County
Planning and Zoning Administrator
Dan Studer’s letter into the record. Mr.
Studer’s letter is as follows:
“12-006
Moyie River Area Zone Map Amendment
October 17, 2012
To
Commissioners,
From Dan Studer
The effect of
Ag/Forestry changing to Suburban Zone as regards
future subdivision and roads goes much like
this:
1. If the
unplatted parcels have boundaries and driveways
that touch highway or county road, and five or
fewer parcels are created, a simple subdivision
applies.
Access is already established; the
Administrator approves or denies simple
subdivisions.
2. If the parcel
to be divided does not touch federal, state, or
county highway, a short plat subdivision, either
Rural or Primitive, is required. The deciding
body for these applications is the Board of
County Commissioners, one public hearing.
A. Primitive
Subdivision is 5 acres and over. Subdivision
primarily intended for residential development,
or where each lot meets or exceeds the standard
net development density of the zone district in
which it lies, but are not less than five acres,
and which make limited or no provision for the
construction or installation of basic utilities,
to include roads, water, septic or electrical
service. Primitive subdivisions will accurately
disclose the level of services or lack thereof
on the face of the plat, and each lot so created
will have, at minimum, defined access and
easements meeting width requirements established
by the current Boundary County Road Standards
Manual from an existing public road.
B. Rural
Subdivision is 2 ½ acres or greater. Roads
intended for adoption by
Boundary
County
shall be built and surfaced to standards
established by the current Boundary County Road
Standards Manual serve all lots created. Where
roads are to remain under private ownership and
maintenance, the subdivision created shall be
served by defined access and utility easements
to an existing public road, to meet width and
slope requirements established by the current
Boundary County Road Standards Manual, and all
lots shall be served by roads surfaced to a
standard sufficient to allow all-weather access
by emergency vehicles, actual surface not
withstanding. Where four or fewer lots are
proposed, road width and slope requirements may
be waived.
Important: Net
Residential Density in Suburban. No water or
sewer service, 2 ½ acres.
Where community water or sewer service
are available, 1 acre. Subdivision is by Long
Plat Subdivision, and either Cluster Development
or Urban Subdivision rules apply. The
application requires P&Z Commission public
hearing and a Board of Commissioners public
hearing to decide the application.
A. Urban
Subdivision lots are less than 2 ½ acres. The
road standards are exactly the same as Rural
Subdivision above. Also, electrical service is
provided to each lot, can have a well or water
association, and installed septic or sewer.
B. Cluster
Development may go to 1 acre in Suburban Zone.
If the parcels are one acre the Urban
Subdivision development provision applies.”
Chairman Smith said there
had been questions about the road in this area,
but Commissioners have learned that the County
is not obligated to do anything with the road.
Commissioners reviewed the Lane’s
Moyie River
map. Commissioner Dinning said the road in
question comes across from
Meadow Creek/Moyie River Road,
across the bridge, and then T’s and he pointed
out on the map where he believes maintenance
ends. There is private road access to the rest
of the parcels to the south. Commissioner
Dinning and Chairman Smith reviewed the area
where they felt the County road ends as it’s
shown on the Lane’s
Moyie
River map. Chairman Smith said
another question he had is what happens if it’s
not a County road in which there is no County
obligation and someone wants to purchase
property on the road and that questioned seemed
to be answered by Mr. Studer’s written
information.
Commissioner Dinning said
the public’s concern from the last public
hearing is what does this mean? Commissioner
Dinning said from what Mr. Studer has provided
Commissioners, if the parcels to be divided are
five acres or greater, for residential
development, then the defined access and
easement widths must meet Boundary County Road
Standards from an existing public road.
Commissioner Dinning clarified that this is if
the property does not touch a county road or
federal highway. This is for 5 acres or greater,
according to Commissioner Dinning.
Commissioner Dinning said
if division occurs of 2.5 acres or greater, and
if the road is intended for adoption by
Boundary County,
then the road has to meet County standards. If
maintained under private ownership, the
subdivision shall just have a defined easement
for accessing utilities to an existing public
road and to meet the width and slope
requirements of the Boundary County Road
Standards Manual. This road should also be
surfaced to make it all weather. The caveat in
this is if there are four or fewer lots, the
road width and slope requirements can be waived
and that has been the concern of the public,
according to Commissioner Dinning.
Commissioner Dinning
referred to properties of concern and which
properties consist of one acre and which
properties are already over five acres.
Commissioner Dinning mentioned from what he
understood of Mr. Studer’s information, the area
listed on the map as P11.3 on the Lane’s
Moyie River
map could allow for four parcels without
improvement to road system because it is four or
fewer lots. If division of property consists of
five acres or more, it makes limited or no
provision for construction or installation of
utilities including roads, water, septic or
electrical. Then all a person has to do is
provide access to the parcel by easement and not
meet any standards, according to Commissioner
Dinning. Commissioner Dinning said he is sure
there is access somewhere or another because
there are houses in the area already.
Chairman Smith said the
concern was the fact that Ken Lustig wanted a
County road to access the parcels, but the
County legally can’t do that anyhow. The next
concern is if someone wanted to develop their
property, are they required to do something to
the existing road and Chairman Smith questioned
when that might happen.
Commissioner Dinning said
if five acres or more are created there is no
road improvement requirement other than “here’s
your access” and all of this information would
have to be defined on the plat. This process is
one that comes before Commissioners, according
to Commissioner Dinning. Rural subdivisions
allow 2.5 acres, if there are four or fewer lots
created and the property owner then doesn’t have
to bring the road to County standards either.
Chairman Smith said what provisions would there
be. Commissioner Dinning said on the 2.5 acre
basis, it would be if there were more than four
lots created, and there is nothing for five
acres in what is called a primitive subdivision.
Chairman Smith asked what
consists of an all weather access and
Commissioner Dinning said the standard is
sufficient to allow all weather access by
emergency vehicles, surface not withstanding.
Chairman Smith said when someone comes before
Commissioners the property owner will have to
establish what Commissioners believe is all
weather. Commissioners will have to make hat
determination.
Commissioner Dinning said
as it relates to the Queen Mountain/Twin Bridges
properties, most of them with the exception of
two, above the 6.3 mark on the Queen
Mountain/Twin Bridges map all meet or touch the
County road. These property owners would not
have to provide a road as their property already
touches one.
Attorney Robinson said to
keep in mind that land that was deeded to the
County is County land, just not a public county
road and he assumes that’s how people are
getting their easements and rights-of-way
through title companies. The only question is
does the County have to bring the road up to
County standards now and that answer is clearly
no. The second question is when would a property
owner who is subdividing as part of a platting
process have to bring a road to County
standards, and that is why we’re looking at
those two or three alternatives as top lot sizes
and number of lots. Attorney Robinson said he
felt that Commissioners were keeping on track.
Chairman Smith said on the
deed it mentioned something about public use and
he assumes that means public has way to get to
properties down that road. Attorney Robinson
said it is not private property, it is County
property just not a County road. Chairman Smith
asked if Commissioners have to specifically give
an easement to people there. Attorney Robinson
said no, a property owner would just claim their
easement across it and refer to the instrument
number of that deed.
Commissioner Dinning said
looking at the Nixon’s
Moyie River
tract map; the majority of lots are already
small. The center section on this map shown as
*2 and below 7.01 and 7.59, that is a County
road. This map fits the application very well
and was requested in the zone change.
Commissioner Dinning said looking at the
Welcome
Ranch area, he’s tried to look at it from the
standpoint of everything else equally and it
appears that these parcels are a bit more
scattered to access and don’t fit. At this point
with this map, should a property owner ever
request a rezone and provide the appropriate
road access, then the Planning and Zoning
Department could take a look at that.
Chairman Smith said for the
record, the reasons for these questions asked of
Commissioner Dinning is that Commissioners
thought early on when making these changes there
was a parcel here that was going to be
rural/suburban and for some reason it didn’t
when documentation was put together. So that’s
the reason the County made this application to
change zoning. Commissioner Dinning was aware of
this when he spoke to another property owner and
this is why the questions are directed to him,
according to Chairman Smith.
Commissioner Dinning said
the Lane’s Moyie
River
is the area that’s had the most discussion in
regards to the County road topic. Commissioner
Dinning asked if a property owner wanted to
develop this area appropriately, build an all
weather road, meet county standards and have
everything in order to request the zone change,
at that point that option is still available,
correct. Attorney Robinson said both zone
changes and a subdivision plat of smaller lots
sizes, yes, there is nothing to stop people from
bringing forth their proposal and it includes
compliance with County Road Standards. The road
will be built to County standards as part of the
conditions and there is no problem with that.
Commissioner Dinning said his thinking is that
Commissioners can approve the Nixon’s
Moyie
River tracts zone change and the
Queen Mountain/Twin Bridges zone change.
Commissioner Dinning said
it has already been determined including the
Good Grief area was an error and that was not to
be included in the application.
Commissioners discussed the
areas to include in the zone change.
Commissioner Dinning spoke of only having a 25
foot road in one area. Commissioner Kirby said a
25 foot road is sufficient for the zoning and
the lot sizes with the exception of one or two
parcels, and it is clearly defined that any one
of these pieces of ground already has access.
Commissioner Dinning asked if Commissioner Kirby
is talking about excluding the Welcome Ranch
tracts from the rezone. Commissioner Kirby said
it could be excluded because it doesn’t make any
difference one way or another. Chairman Smith
questioned if the Welcome Ranch tracts were
included in the request. Commissioner Kirby said
the request was so that Commissioners could, if
wished, realign the area down to 2.5 acres.
Commissioner Kirby said Commissioners don’t
really care about that, do we? Commissioner
Dinning said as long as the division meets the
ordinance.
Attorney Robinson said the
areas included in the motion needed to have been
included in the public notice. Chairman Smith
said the notice said to rezone multiple
properties along the
Moyie
River from ag/forestry to suburban
as reflected in Comprehensive Plan Map. Chairman
Smith read aloud the public notice to Attorney
Phil Robinson. Commissioner Dinning confirmed
that all properties being discussed are included
in the two sections listed in the public notice.
Commissioner Dinning said this is rezoning to
the point that the application meets the
Boundary County Ordinance and he asked Attorney
Robinson if he saw a problem with the process so
far. Attorney Robinson said no.
Chairman Smith said
discussion amongst the Commissioners has now
ended and he called for a motion.
Commissioner Kirby said it
was County
Commissioners who brought up this
request before and he said he would like to make
a motion that upholds these desires. Chairman
Smith said he felt the motion needs to be
specific and include the total number of lots
and parcels in each area.
Commissioner Kirby moved to
rezone the following areas from ag/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 second. Motion passed unanimously.
Attorney Robinson said when
drafting the ordinance for the rezone it needs
to include either the outer boundaries of the
legal description or those already existing
plats containing it within an already recorded
document. If these details are not included,
title companies won’t know what to do with it
and the public also won’t know what to do in the
future.
The public hearing to
consider Planning and Zoning Application #12-006
ended at 3:15
p.m.
There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
***Tuesday,
October 30, 2012, Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Walt Kirby and Deputy Clerk
Michelle Rohrwasser. Commissioner Dan Dinning
was out of the office tending to other matters.
9:00 a.m., Clerk Glenda Poston and
County Noxious Weeds Superintendent Duke Guthrie
joined the meeting.
Mr. Guthrie said he had
spoken to Clerk Poston about his thoughts of
having Boundary
County via the Clerk’s Office manage
the funds associated with the Selkirk
Cooperative Weed Management Area Program (CWMA).
Panhandle Lakes RC & D and Natural Resource
Conservation Services (NRCS) have restructured,
which has caused some issues concerning funding
and some fairly serious mistakes have been made
in the last three months, according to Mr.
Guthrie. Mr. Guthrie said he can understand
mistakes and he said he let the first mistake
go. Chairman Smith said it’s possible that funds
could stop being offered due to ongoing
mistakes. It was said that if the County became
the administrator of this program, funds would
come to the County. Clerk Poston asked if the
County could be the administrator and Mr.
Guthrie said he didn’t see why not and he added
that he was under the impression some counties
already are administrators. Clerk Poston said
there are not that many checks to be issued
associated with this program and she doesn’t
really have an issue with administering the
funds. Funds could be placed in a trust account
and handled that way. Mr. Guthrie said the
Selkirk CWMA only consists of Bonner and
Boundary
County. Clerk Poston reiterated that
she doesn’t mind administering the funds, but
she does want to verify that it is okay to do
that. Mr. Guthrie said he would contact the
State Agency to make sure there are no issues
with the County administering the funds.
9:20 a.m., Planning and Zoning
Administrator Dan Studer joined the meeting at
Commissioners’ request.
The meeting with Mr.
Guthrie and Clerk Poston ended at
9:21 a.m.
Commissioners and Mr.
Studer reviewed Planning and Zoning matters for
clarification.
9:35 a.m., Sharlene Delaney with
Boundary Abstract joined the meeting to resume
the discussion of the State’s request for an
easement across County property near the
landfill.
Chairman Smith informed Ms.
Delaney that he drove to the site in question
with Road and Bridge superintendent Jeff
Gutshall and Solid Waste Superintendent Claine
Skeen in order to see where the landfill’s gas
monitoring wells are located in relation to the
requested easement. Chairman Smith said the gas
monitoring well is approximately 680 feet from
the easement’s curve. Ms. Delaney said the
easement is to be a 60 foot easement. The State
of Idaho
wants to have enough width to turn the road into
a County road in the future if there is a need.
Chairman Smith said Mr. Skeen had concerns about
the actual easement and if this easement will
cut him off from what he wants or needs to do
with the property. Ms. Delaney said the easement
shouldn’t change any rights for property usage.
Chairman Smith explained
the property had been purchased for fill for the
landfill. Chairman Smith said the only issue is
where the requested easement turns as it
approaches Roger Miller’s property due to the
location of the gas monitoring well. The gas
monitoring well is approximately 680 feet or so
from the easement’s corner. Ms. Delaney said
Steve Moyer of North Star Surveying is willing
to perform the survey.
Commissioner Kirby
questioned how close the well is to the property
line. Chairman Smith said that information isn’t
known until the survey is done. Ms. Delaney said
she hasn’t received permission from Mr. Miller
to cross his property as of yet. Chairman Smith
said he would come in Friday and contact Mr.
Skeen about touring the site again. Ms. Delaney
said she would see if Mr. Moyer could meet at
11:00 a.m. on Friday.
The meeting with Ms.
Delaney ended.
Commissioner Kirby moved to
adopt Resolution #2012-45-Amended. A resolution
establishing Hospital supplemental levy revenue
account and expense budget due to receipt of
unanticipated revenue from interest and penalty.
Chairman Smith yielded the chair to second.
Motion passed unanimously. Resolution #2012-45
Amended reads as follows:
RESOLUTION
2012-45 Amended
ESTABLISH HOSPITAL SUPPLEMENTAL LEVY REVENUE
ACCOUNT AND EXPENSE BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE FROM
INTEREST AND PENALTY
WHEREAS, the Board of County
Commissioners, County of Boundary, State of
Idaho, did establish an operating budget for
fiscal year 2011-2012; and
WHEREAS, $9,985.90 in unanticipated
interest and penalty has been received for the
Hospital Supplemental Levy, and
WHEREAS, it is appropriate to establish the
Hospital Supplemental Levy Revenue Budget
Account Number 79-00-313-2010 and Expense
Account Number 79-00-559-00 in the amount of
$9,985.90; and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County;
and
NOW THEREFORE, upon motion duly made,
seconded and unanimously carried,
IT IS RESOLVED that the establishment of
the Hospital Supplemental Levy Revenue Budget
Account Number 79-00-313-2010 and Expense
Account Number 79-00-559-00 in the amount of
$9,985.90 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 30th day of October, 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 #255502
10:00 a.m., Commissioners
conducted a public auction of surplus county
personal property after declaring the property
surplus, removal from county inventory and after
posting public notice in the Bonners Ferry
Herald. This auction was held in the County’s
maintenance shop located next to the County’s
Extension Annex. The public auction ended at
10:40 a.m.
There being no further
business, the meeting adjourned at
10:40 a.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy
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