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***Monday,
November 26, 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.
The Road and Bridge
Department Report scheduled for
9:00 a.m. was cancelled.
Commissioners addressed
various documents requiring signatures.
Clerk Glenda Poston joined
the meeting.
Commissioner Dinning moved
to approve the Selkirk Cooperative Weed
Management Area Annual Operating Plan and to
sign the Noxious Weed Cost Share Request for
2013. Commissioner Kirby second. Motion passed
unanimously.
9:35 a.m., Sheriff’s Office
Administrative Deputy
Crystal
Denton joined the meeting at
Commissioners’ request to clarify matters
relating to the Bureau of Homeland Security
Stonegarden Grant.
Ms. Denton said the 2009
grant has been completed and a new grant has
been awarded.
Commissioner Dinning moved
to authorize the Chairman to sign the Bureau of
Homeland Security 2009 Operation Stonegarden
Grant closeout documents upon verification of
information from the Sheriff’s Office.
Commissioner Kirby second. Motion passed
unanimously.
Ms. Denton and Clerk Poston
left the meeting at
9:40 a.m.
Commissioner Dinning moved
to sign the 1st Amendment to Addendum
C to the Service Level Agreement for Electronic
Transaction and Access for the Boundary County
Assessor’s Office to have the ability to accept
credit cards. Commissioner Kirby second. Motion
passed unanimously.
Deputy Clerk Nancy Ryals
joined the meeting at
9:45 a.m.
Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously.
10:50 a.m., Commissioner Dinning
moved to go out of closed session. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Dinning moved
to deny indigent application 2013-2 as per the
Clerk’s recommendation. Commissioner Kirby
second. Motion passed unanimously.
Deputy Clerk Ryals left the
meeting at 9:50
a.m.
Commissioners tended to
administrative duties.
10:30 a.m., County resident Robert
“Squeak” Karlac joined the meeting to discuss
the petition requesting a re-evaluation of the
area of impact. Bonners Ferry Herald Reporter
Laura Roady also joined the meeting.
Chairman Smith said
Commissioners received a petition for review
from Mr. Karlac signed by over 200 people and
Commissioners are confused as to what to do with
the information. In referring to Idaho Code, the
area of impact should be reviewed every 10
years, but negotiations can also be made,
according to Commissioner Dinning. The petition
is asking for a review of the area of impact,
but Commissioners aren’t sure what is to be
reviewed, according to Chairman Smith. There has
to be a reason and the reason is not clear.
Mr. Karlac said he doesn’t
know who designates the areas for the area of
impact. Chairman Smith said someone will usually
present a request for areas to be included in
the area of impact prior to any future
annexation. Chairman Smith said a public hearing
is held to consider the request to be included
in the area of impact. While the property is in
the area of impact, the county’s planning and
zoning has the authority as opposed to the city,
but the city would be notified of any planning
and zoning matters that come up. Mr. Karlac said
the term “review” on the petition is to consider
any changes to areas in the area of impact.
Commissioner Dinning
explained that Mr. Karlac contacted him and the
review should maybe be thought of as
re-negotiations. Commissioner Dinning asked Mr.
Karlac to inform Commissioners of his concerns.
Mr. Karlac said a lot of the issue is that
residents within that area of annexation had no
say. Chairman Smith said public did have a lot
to say during the area of impact hearing. The
public did have a voice pertaining to the area
of impact, but what they thought would happen
may not have been what was actually done,
according to Chairman Smith. Chairman Smith said
Commissioners need to have some reasons before
approaching the City of
Bonners Ferry. Mr. Karlac
said one reason is that the residents don’t want
to be annexed. There may be an agreement for the
area of impact, but not to be annexed. Chairman
Smith said he doesn’t know how to approach the
city to re-negotiate. Chairman Smith said
another issue for him is when properties come
into the area of impact it allows the city to do
certain things with those properties that they
couldn’t do before, but if those properties are
removed from the area of impact, any changes
made may not comply with the county’s standards.
Commissioner Dinning said
the concern from a significant number of people
was that when the public hearing was held on the
area of impact involving both the city and
county, representation was made that there would
be no annexation, but the city would have input
concerning those areas. Mr. Karlac said he had
one matter of concern in which he was told some
second-hand information about a statement made
by an attorney, and he had tried to obtain the
City Planning and Zoning minutes from a November 15, 2012 meeting.
Clerk Glenda Poston joined
the meeting at
10:40 a.m.
Mr. Karlac said he didn’t
attend the November 15th City Planning and
Zoning meeting and according to people in
attendance; an attorney had made some comments.
Clerk Poston said she wasn’t at that meeting
either as she was attending another meeting in
Moscow. Clerk Poston said
she doesn’t think those meetings minutes are
typed verbatim. Commissioner Dinning said Mr.
Karlac expressed that Commissioners, at this
point, are the only influence from citizens in
how things proceed in the area of impact, and
they want help for that. This help may not fix
their situation, but could help to fix other
areas, according to Commissioner Dinning.
Chairman Smith said if the
county is requesting to re-negotiate with the
city, the public needs to be in attendance to
give their reasons. Commissioner Dinning said
one reason could be that during re-negotiations,
annexing properties can be done by vote even if
the annexation is below a specific number of
properties.
Commissioner Kirby said he
has spent some time researching the area of
impact, but thinks there are two separate issues
going. There are areas of impact and what you
can do, and then there is annexation and he is
not as familiar with that. Commissioner Kirby
said it will boil down to getting the attorney
to look at what’s going on.
Chairman Smith said the
county doesn’t have a say in annexation. Mr.
Karlac said the county does have a say in the
area of impact. Chairman Smith said the county
can’t dictate what can be done within the area
of impact. Commissioner Kirby said the city
cannot annex anything outside of the area of
impact. Commissioner Kirby said he remembers
going through the process and recalled there
being were a lot of people who didn’t want to be
included in the area of impact. Commissioner
Kirby does remember being assured the area of
impact didn’t mean anything to the county, but
it is to protect the city against things
happening at the border. Commissioner Dinning
said this isn’t mandated.
Mr. Karlac said he doesn’t
know who else the people can go to talk to.
Chairman Smith spoke of the time the Three Mile
area was proposed to be included in the area of
impact for the purpose of running a sewer
system, but people in that area didn’t want to
be included in the area of impact. The county
approached the city about providing a sewer
system via grants, but the city said not unless
the area was included in the area of impact so
the sewer system was never put in.
Chairman Smith said there
is a lot to talk about and the best time is in
negotiations with the city as city
representatives should be present. Chairman
Smith said it’s possible the city might feel the
public is not entitled to a vote for the reason
that the county also doesn’t have a say.
Commissioner Dinning asked Chairman Smith if he
recalled what representations were made by the
city and Chairman Smith said he only recalls
street lights were to be provided. Mr. Karlac
said he also heard mention of putting in curbs.
It was said that the street lights were not put
in right away and there are only a few now.
Commissioner Dinning said
the county will start negotiations with the
city. Chairman Smith said he’s hearing that
properties are being annexed without the public
having a say and Mr. Karlac said yes. Chairman
Smith said the county also doesn’t have a say.
Mr. Karlac asked if Commissioners can reserve a
decision to place an area in the area of impact.
Chairman Smith said Commissioners will look into
starting the negotiations.
Mr. Karlac questioned
presenting the City of
Bonners Ferry with a
petition and if he does that, it may only
consist of citizens within the city limits.
Chairman Smith said he would present the city
with the same petition presented to the county.
Mr. Karlac mentioned it was one of the city
council members who said the city doesn’t need
to listen to the people if they weren’t city
residents.
Commissioners said it is
their intent to send a letter to the city to
request re-negotiations of the area of impact.
The meeting with Mr. Karlac
ended at 11:05
a.m. Ms. Roady also left the meeting.
11:05
a.m., Chairman Smith discussed the
process to sell properties that did not sell at
prior tax deeded property public auctions. The
county held a tax deeded property auction in the
past in which a few properties along
Cow Creek Road did
not sell. Commissioner Dinning said he and
Economic Development Specialist Dave Sims took a
look at these county owned properties along
Cow Creek Road
and discussed the possibility of the city
purchasing them. Commissioner Dinning said he
thinks these county properties all front
Cow Creek Road and
there hasn’t, to his knowledge, been a survey
done to show the road is over a majority of the
property. Commissioners need to check on how to
go about this process. It was stated the
properties in question are old tax deed
properties.
11:15 a.m., Treasurer Jenny Fessler
joined the meeting at Commissioners’ request.
Commissioners reviewed a
map accompanying the letter from the City of
Bonners Ferry.
Chairman Smith said the
city would like to purchase certain lots for
$2,000, but he inquired due to the laws, what
would the county do with that money. Treasurer
Fessler said she thinks those properties were
tax deeded so long ago that it was before the
new law took effect. Treasurer Fessler suggested
Commissioners consult with Civil Attorney Phil
Robinson. Commissioner Dinning asked if
Treasurer Fessler could find out when the new
law went into effect.
Treasurer Fessler left the
meeting at 11:20
a.m.
Commissioner Dinning moved
to cancel taxes totaling $123.86 for year 2012
for parcel #RP60N01E070020A as the house burned
in August of 2012. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to cancel taxes totaling $44.58 for year 2012
for parcel #PPB0080005012DA as the business is
closed and there is no forwarding address.
Commissioner Kirby second. Motion passed
unanimously.
Commissioners discussed the
need to purchase a different type of video
conferencing camera.
Clerk Glenda Poston joined
the meeting at Commissioners’ request and those
present continued the discussion on what type of
camera would work to participate in video
conferencing.
The meeting ended at 11:20 a.m.
11:25 a.m., There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
***Tuesday,
November 27, 2012, Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby and Deputy Clerk Michelle Rohrwasser.
Commissioners’ meeting with
Forest Service District Ranger Linda McFaddan
was rescheduled for December 4, 2012.
Commissioner Dinning moved
to approve the minutes of November 19 & 20,
2012. Commissioner Kirby second. Motion passed
unanimously.
Clerk Glenda Poston joined
the meeting at
9:50 a.m.
10:05 a.m., Commissioner
Dinning 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 Kirby second. Commissioners voted
as follows: Chairman Smith “yes”, Commissioner
Dinning “yes”, and Commissioner Kirby “yes”.
Motion passed unanimously.
10:15 a.m. Commissioner Dinning moved
to go out of executive session. Commissioner
Kirby second. Motion passed unanimously.
Commissioners tended to
administrative duties.
There being no further
business, the meeting adjourned at
10:40 a.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
By: Michelle Rohrwasser, Deputy
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