County commission minutes, February 18-19
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and the recent request of Patrick and Ada Gardiner, the original application of Conditional Use Permit #11-063 is withdrawn and the decision of the Planning and Zoning is moot and the application is as it never was applied for.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