County commission minutes, October 29-30 |
| November 6, 2012 |
|
*** Blue Sky Broadcasting
Reporter Mike Brown was also in attendance of
the meetings throughout the day. 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 Mr. Gutshall said he will
look into continuing reconstruction of Mr. Gutshall said the
Cabinet Mountain Water Association was going to
repair the water line area causing problems at
the junction of 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 Mr. Gutshall said his crew
should be done with the 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 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 Commissioners discussed
various matters to include the request of the
Kootenai Tribe to have properties put into
tribal trust. Commissioners tended to
administrative duties. 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 Those present discussed
BVA’s yearly audit. Per an agreement between The meeting to discuss
ambulance matters ended at 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 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 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 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
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
BOARD OF
s/______________________________
RONALD R. SMITH, Chairman
s/______________________________
DAN R. DINNING, Commissioner
s/______________________________
WALT KIRBY, Commissioner
ATTEST:
s/________________________________________________________
GLENDA POSTON,
Clerk of the Board of
Recorded as
instrument #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
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
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
BOARD OF
s/_____________________________
RONALD R. SMITH, Chairman
s/_____________________________
DAN R. DINNING, Commissioner
s/_____________________________
WALT KIRBY, Commissioner
ATTEST:
s/________________________________________________________
GLENDA POSTON,
Clerk of the Board of
Recorded as
instrument #255492
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 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
Chairman Smith also read
“12-006
Moyie River Area Zone Map Amendment
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
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 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 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 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 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 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 Chairman Smith said discussion amongst the Commissioners has now ended and he called for a motion. Commissioner Kirby said it
was 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 There being no further
business, the meeting recessed until tomorrow at
*** Mr. Guthrie said he had
spoken to Clerk Poston about his thoughts of
having The meeting with Mr.
Guthrie and Clerk Poston ended at Commissioners and Mr.
Studer reviewed Planning and Zoning matters for
clarification. 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 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 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
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
BOARD OF
s/______________________________
RONALD R. SMITH, Chairman
s/______________________________
DAN R. DINNING, Commissioner
s/______________________________
WALT KIRBY, Commissioner
ATTEST:
s/_____________________________________________________
GLENDA POSTON,
Clerk of the Board of
Recorded as
instrument #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 There being no further
business, the meeting adjourned at /s/
RONALD R. SMITH, Chairman
ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser,
Deputy |