County commission minutes, February 18-19
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March 2, 2013 |
***Monday, February 18, 2013, Commissioners did
not meet due to the President’s Day Holiday.
***Tuesday, February 19, 2013, Commissioners met
in regular session with Chairman Dan Dinning,
Commissioner LeAlan Pinkerton, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
9:10 a.m., Commissioners held a public hearing
in the County Extension Office to address the
appeal made by Patrick and Ada Gardiner and
Bryan and Sarah Ferguson against the decision of
the Planning and Zoning Commission in regards to
the application for a conditional use permit,
No. #11-063 filed by Tungsten Holdings. Present
were: Acting Chairman Walt Kirby, Commissioner
LeAlan Pinkerton, Planning and Zoning
Administrator Dan Studer, Deputy Clerk Michelle
Rohrwasser, Boundary County Chief Deputy
Prosecuting Attorney Tevis Hull, Appellants
Patrick Gardiner, Ada Gardiner, Bryan Ferguson,
and Sara Ferguson; Mike Sheppard Jr., and
Bonners Ferry Herald Reporter Laura Roady.
Chairman Dan Dinning was not present due to
having a conflict of interest.
The public hearing was recorded.
Commissioner Kirby opened the public hearing on
the appeal of Application #11-063 filed by
Patrick and Ada Gardiner and Bryan and Sarah
Ferguson and reviewed the public hearing
process. Acting Chairman Kirby explained this is
an application for an appeal of a Conditional
Use Permit awarded by the Planning & Zoning
Commission to Tungsten Holdings, Inc., for use
of a gravel pit located a mile and a half south
of Porthill, Idaho on the Farm to Market Road;
and upon which County Commissioners will render
a decision.
Commissioner Kirby said due to receiving the
letter dated February 13, 2013 from Tungsten
Holdings withdrawing its Conditional Use Permit
#11-063 and the recent request of Patrick and
Ada Gardiner, the original application of
Conditional Use Permit #11-063 is withdrawn and
the decision of the Planning and Zoning is moot
and the application is as it never was applied
for.
Mr. Gardiner said he has experience as an
attorney for Los Angeles County and it’s his
view that the Planning and Zoning Commission’s
decision needs to be acted upon and he doesn’t
have a doubt of the controversy as to what
should be done. Mr. Gardiner said based on the
withdrawal, the decision of the Planning and
Zoning Commission should be reversed or
abandoned as it isn’t moot.
Chief Deputy Prosecutor Tevis Hull said he feels
that Commissioners can vacate the Planning and
Zoning Commission’s decision. There has been a
withdrawal of the application and Commissioners
can vacate the decision so it’s clear without
having to go through the merits. Ms. Gardiner
said to vacate sounds good, but Mr. Dinning in
his letter said he withdrew the Conditional Use
Permit, but the application was not mentioned so
could that also be included in Commissioners’
motion.
Chief Deputy Prosecutor Hull instructed
Commissioners to make the letter from Tungsten
Holdings dated February 13, 2013 an exhibit as
part of the record stating the withdrawal of
Conditional Use Permit #11-063, but that the
intent is to also withdraw the application so
that can be vacated as well. Ms. Gardiner
pointed out that Mr. Dinning had transposed the
Conditional Use Permit to show as #11-603 not
#11-063. It was stated the correct number is
#11-063.
Commissioner Kirby asked for any further
comments from the public. Ms. Gardiner requested
Boundary County retain the records of this case.
Commissioner Kirby agreed. No other comments
were made by the public.
Commissioners closed the hearing to public
testimony.
Commissioner Pinkerton moved to retain the
records of the Tungsten Holdings/Gardiner case
involving the proposed gravel pit and that these
records do not get destroyed and are kept
current. Acting Chairman Kirby yielded the chair
to second. Motion passed unanimously.
Commissioner Pinkerton moved that the Board of
Boundary County Commissioners vacate the
decision of the Planning and Zoning Commission
of Conditional Use Permit #11-063 and to also
vacate the Application that gave rise to
Conditional Use Permit #11-063 as the
Conditional Use Permit and the Application have
been withdrawn. Acting Chairman Kirby yielded
the chair to second. Motion passed unanimously.
The public hearing ended at 9:25 a.m.
9:30 a.m., Commissioners held a conference call
with Bonner County Commissioners to discuss
holding public meetings and hearings on the
matter of the Fish and Wildlife Service listing
the Wolverine as threatened under the Endangered
Species Act. Chairman Dinning mentioned sending
a letter requesting an extension of the comment
period in order to have a chance to review the
science better and to also request the Fish and
Wildlife Service hold a public meeting and or
hearing.
Bonner County Commissioner Mike Nielsen asked if
Commissioners could draft that letter and send
it to Bonner County for review. Bonner County
Commission Chairman Carey Kelly said one issue
is the extension period to comment and the other
is the public hearing. Chairman Dinning said the
information piece is to educate the public in
order for them to make very informed comments.
Chairman Dinning said it was thought the public
meeting might be held the week of April 8th and
that the Department of Fish and Wildlife Service
representative from Helena, Montana would be
present to answer questions. It was said this
matter covers many other states so if the Fish
and Wildlife Service representatives from Idaho
spoke, it would be better.
Bonner County Commissioner Joyce Broadsword
asked Chairman Dinning if he had seen a map to
determine if there is more land in specific
areas. Chairman Dinning said he hasn’t taken a
close look yet. Commissioner Broadsword said she
was just trying to figure out where it would be
most beneficial to hold that meeting. Chairman
Dinning mentioned contacting the congressional
delegates, etc.
Bonner County Commissioners said in the matter
involving the Caribou the public meetings were
held in both Bonner and Boundary Counties so it
might be better to make the meetings more local
to the people in each county. Chairman Dinning
said that could be requested since this matter
is so widespread as compared to Caribou.
According to the Federal Register, a public
hearing for the State of Idaho would be held in
Boise, but it would be beneficial to at least
centralize the hearings in both counties.
Chairman Dinning said he doesn’t disagree.
Commissioner Broadsword mentioned having a
public hearing in one location and a public
information meeting in the other location.
Chairman Carey mentioned it’s felt the letter
requesting an extended period of time to comment
should be sent right away. Chairman Dinning
agreed and said there are time frames for
requesting the extension of time to comment and
he thought it was relatively short. Chairman
Dinning said Boundary County may authorize the
signature of the letter when it is approved. In
Boundary County’s case Commissioners won’t meet
again until next week, but can make a motion to
authorize signing the letter.
Bonner County Commissioners moved to sign a
letter jointly with Boundary County to request
an extension of time on the comment period
regarding the Wolverine.
Commissioner Kirby moved to sign a letter
jointly with Bonner County requesting a 45 day
extension of the comment period in the matter
involving the wolverine. Commissioner Pinkerton
second. Motion passed unanimously.
Commissioner Broadsword asked Chairman Dinning
to explain the coordination process. Chairman
Dinning said there is one aspect of that where
there is the ability to tell the federal
government what they will and won’t do. Then
there is coordination that just demands
communication. When the matter regarding Caribou
started there was a congressional research
letter sent to Commissioners explaining that
coordination was the aspect of telling the
government what they can do, but that doesn’t
apply to the Endangered Species Act issues as it
really only comes up with the Bureau of Land
Management (BLM) regulations. Chairman Dinning
said he is aware that Commissioner Nielsen has
gone through the coordination process so if it
will promote communication that is the hope.
There was a lot of communication with the Fish
and Wildlife Service about Caribou. Commissioner
Pinkerton said Chairman Dinning mentioned it’s
correct that coordination is a demand on the
federal government to supply information. The
benefit is that government would make inquiries
and keep the entity that’s demanded coordination
in front of the listings. The Fish and Wildlife
Service would bring that information to that
demanding entity well in advance of the
decision. With wolverine there hasn’t been any
information, but the decision is being made.
Commissioner Pinkerton said coordination is a
demand to the government that they will make
good on free flow of information well ahead of
time.
Commissioner Nielsen said he disagreed in that
it’s too late. Commissioner Nielsen is
requesting that Bonner County invoke
coordination, but he is not there yet and there
just needs to be a 45 day extension of time to
comment. Chairman Dinning said he’s been working
with Ben Conard with the Fish and Wildlife
Service and it’s not that the Fish and Wildlife
Service has withheld information, they were just
waiting to get information from the Helena,
Montana Office of Fish and Wildlife Service.
Chairman Dinning said both the Caribou and
Wolverine came out in lawsuits in a Washington
D.C. court. Caribou and Wolverine are just the
first two mammals to affect Idaho and there may
be a lot more to come.
The conference call with Bonner County
Commissioners ended at 9:55 a.m.
Commissioner Pinkerton moved to approve the
minutes of January 28 & 29, 2013. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to cancel $12.76 in
deferred tax for year 2012 on parcel
#RP62N02E236011A as the levy rate was used to
quote what the deferred tax would be and the
amount to be cancelled was the difference
between the quote and actual tax. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to cancel $22.14 in
deferred tax for year 2012 on parcel
#RP62N02E236160A as the levy rate was used to
quote what the deferred tax would be and the
amount to be cancelled was the difference
between the quote and the actual tax.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Pinkerton moved to adopt Ordinance
2013-1. An ordinance setting regular meeting
days of Commissioners. Commissioner Kirby
second. Motion passed unanimously. Resolution
2013-1 reads as follows:
ORDINANCE 2013-1
SETTING REGULAR MEETING DAYS OF COMMISSIONERS
An Ordinance establishing regular meeting days
and meeting hours for the Board of County
Commissioners of Boundary County pursuant to
Idaho Code Section 31-710.
Be it ordained by the Board of County
Commissioners of Boundary County Idaho that
unless otherwise a legal holiday, the Board of
Boundary County Commissioners will meet at the
Boundary County Courthouse in regular session
each Monday and Tuesday from 9:00 a.m. until 12
noon and from 1:30 p.m. until 5:00 p.m. or until
all business before them has been addressed
beginning on January 14, 2013.
THIS ORDINANCE shall take effect and be in force
after its passing, adoption and publication in
one issue of the Bonners Ferry Herald, a
newspaper of general circulation published
weekly in Boundary County, Idaho.
THIS ORDINANCE shall repeal Ordinance 2003-1.
Adopted this 19th of February, 2013.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/___________________________
Dan R. Dinning, Chairman
s/___________________________
LeAlan L. Pinkerton, Commissioner
s/___________________________
Walt Kirby, Commissioner
ATTEST:
s/_________________
Glenda Poston, Clerk
Recorded as instrument #256548
Commissioner Kirby moved to authorize the
Chairman to sign the Get Territorial: Idaho at
150 Proclamation. Commissioner Pinkerton second.
Motion passed unanimously.
10:10 a.m., Clerk Glenda Poston and
Commissioners met to review county department
budgets as of the current date. Explanations for
various budgets were given. Clerk Poston
discussed the tight timelines for completing the
budget and having it published in the newspaper.
The meeting with Clerk Poston ended at 11:40
a.m.
Commissioners recessed for lunch at 12:00 p.m.
3:30 p.m., Commissioners reconvened for the
afternoon with Chairman Dinning, Commissioner
Pinkerton, Commissioner Kirby, and Deputy Clerk
Michelle Rohrwasser.
The legislative conference call scheduled from
3:30 p.m. to 4:30 p.m. was cancelled.
Commissioners tended to administrative duties.
3:50 p.m., Commissioner Kirby moved to go into
executive session under Idaho Code #67-2345(1)b,
To consider the evaluation, dismissal or
disciplining of, or to hear complaints or
charges brought against, a public officer,
employee, staff member or individual agent, or
public school student. Commissioner Pinkerton
second. Commissioners voted as follows: Chairman
Dinning “aye”, Commissioner Pinkerton “aye”, and
Commissioner Kirby “aye”. Motion passed
unanimously. 4:15 p.m., Commissioner Kirby moved
to go out of executive session. Commissioner
Pinkerton second. Motion passed unanimously.
Commissioners tended to administrative duties.
There being no further business, the meeting
adjourned at 4:30 p.m.
/s/
DAN R. DINNING, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk |
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