County commission minutes, October 29-30

November 6, 2012

***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