County commission minutes, December 16-17 |
January 8, 2014 |
*** Chairman Dinning said Attorney Hull had given verbal approval to utilize Panhandle State Bank for lending on a piece of Road and Bridge machinery, but Commissioners would also like to have written backup from Attorney Hull as well.
The meeting with Mr. Gutshall ended at
Commissioner Kirby moved to sign the letter
requesting interested party status on all
objections as it pertains to the Commissioner Pinkerton moved to adopt Resolution 2014-6. A resolution authorizing the sale of surplus county property at auction. Commissioner Kirby second. Motion passed unanimously. Resolution 2014-6 reads
RESOLUTION NO. 2014-6
A Resolution Authorizing the
WHEREAS, Boundary County owns surplus personal
property, which is not being used by the County
and for which the County is presently obliged to
provide storage space, and which the various
department heads and the Board of Boundary
County Commissioners have determined is not
necessary for the County’s use; and
WHEREAS, the Board of Boundary County
Commissioners are authorized under Idaho Code
Section 31-808 to sell or offer for sale at
public auction, after not less than ten days’
previous notice given by publication in a
newspaper of the county, any property, real or
personal, belonging to the County but not
necessary for its use; and
WHEREAS, the Board of Boundary County
Commissioners believes it is in the best
interest of the County that the surplus property
described as in “Attachment A” be sold and
therefore desire to sell the property so
described at public auction as provided in Idaho
Code Section 31-808.
NOW, THEREFORE, upon motion duly made, seconded
and unanimously carried, it is
RESOLVED that, after publication of notice in
the Bonners Ferry Herald in the manner and for
the time required by Idaho Code, the personal
property of Boundary County described as in
“Attachment A” be offered for sale at public
auction at a date and time determined by
Boundary County Commissioners at the Boundary
Community Restorium located at 6619 Kaniksu
Street, Bonners Ferry, Idaho 83805.
DATED this 16th day of December,
2013.
BOARD OF
s/______________________________
Dan R. Dinning, Chairman
s/______________________________
LeAlan L. Pinkerton, Commissioner
s/______________________________
Walt Kirby, Commissioner
ATTEST:
Glenda Poston
Clerk of the Board of
By s/_________________________________
Recorded as instrument #259625
Clerk’s Note: “ATTACHMENT A” can be found
attached to the original resolution located in
the Clerk’s Office vault.
Commissioner Pinkerton 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
Dinning “aye”, Commissioner Pinkerton “aye” and
Commissioner Kirby “aye”. Motion passed
unanimously. Commissioner Kirby moved to approve the County Alcohol Beverage License Applications for year 2014 as presented in Exhibit A, providing the conditions for such issuance have been met. Commissioner Pinkerton second. Motion passed unanimously.
The meeting to consider alcohol beverage license
applications ended at Commissioner Pinkerton moved to reappoint Paul Hazdovac, Debra Staal and Blanche Studer to the Hospital Board of Trustees with terms to expire January 2017. Commissioner Kirby second. Motion passed unanimously. Deputy Clerk Nancy Ryals joined the meeting.
Deputy Clerk Ryals updated Commissioners on the
request for reimbursement #6 for the Restorium
elevator grant. The invoice pays Bonners Ferry
Builders for installing snow stops and gutters.
This request for reimbursement will also pay
$716 for Panhandle Area Council (PAC) grant
administration. The State of Commissioner Pinkerton moved to authorize the Chairman to sign the Request for Funds #6 for the Restorium elevator grant. Commissioner Kirby second. Motion passed unanimously.
10: President Baker asked if Commissioners would like him to provide a monthly update on call volumes and grants that Boundary Volunteer Ambulance is applying for, and he said it would help show the public there is more time spent on these matters. Chairman Dinning suggested President Baker type something up. Commissioner Pinkerton said it’s nice to have the information, but the contract would make the demand for every six months. Chairman Dinning suggested a report every six months and to mail some of the information in the meantime. Commissioner Pinkerton said President Baker should meet with the Ambulance District’s Governing Board once in a six month period instead of holding Boundary Volunteer Ambulance’s feet to the fire every month, and if Boundary Volunteer Ambulance wants to meet otherwise, they can schedule time on the agenda for the Ambulance District meetings. Chairman Dinning said in no fashion are Commissioners demanding this information, though.
Commissioner Pinkerton moved to approve the
Boundary County Ambulance Service District
meeting minutes for Commissioner Kirby moved to adjourn as the Governing Board of the Boundary County Ambulance Service District and reconvene as the Boundary County Board of Commissioners. Commissioner Pinkerton second. Motion passed unanimously.
President Baker left the meeting at
Commissioner Kirby moved to go into closed
session under Idaho Code 31-874. Commissioner
Pinkerton second. Motion passed unanimously. Commissioner Pinkerton moved to deny indigent applications 2014-3, 2014-5 and 2014-7. Commissioner Kirby second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at Commissioner Pinkerton moved to authorize Chairman Dinning to sign the airport land acquisition closing documents on the Merrifield property subject to the county attorney’s approval. Commissioner Kirby second. Motion passed unanimously. Commissioner Kirby moved to ratify the signing of the Certificate of Title for the LaVern and Eunice Dinning property. Commissioner Pinkerton second. Motion passed unanimously. Commissioners tended to administrative duties.
There being no further business, the meeting
recessed until tomorrow at
***
Rob Tenas of Kyle and Rob Productions provided
those present with a brief introduction of the
documentary on
The elected officials/department heads meeting
ended at 9:30 a.m., Restorium Administrator Karlene Magee, Restorium Board Chairman Larry Dirks, Restorium Board members Jeannie Robinson and Wilma DeVore, Boundary Economic Development Specialist David Sims, and Susan Kiebert with the Community Transportation Association of Idaho joined the meeting to further discuss the proposed contract for senior transportation. Ms. Kiebert presented Commissioners with the draft contract. Ms. Kiebert said the Area Agency on Aging has approximately $31,000 in funding available and if the county is proactive in getting boarders, it will still be difficult to use that entire amount. It was said the Area Agency on Aging will offer higher boarding reimbursement at $10 per board. Ms. Kiebert said there may be more administrative costs above and beyond what has been inserted into the contract as a there has been a request for an additional couple thousand dollars aside from boarding so the Area Agency on Aging is looking into that. Mr. Sims reviewed a breakdown of program costs including in-kind costs and program match. Chairman Dinning said the local Hospital also has a small passenger van. Mr. Sims said he doesn’t know if that van could be used and he added that Hospital CEO/CFO Craig Johnson didn’t think it would work to share the Hospital’s vehicle. Mr. Sims said if Commissioners are in agreement, they can sign the contract with the Area Agency on Aging. Chairman Dinning mentioned administrative fees and hiring. Chairman Dinning said he doesn’t want it to be that there are not enough riders to cover the cost. Ms. Kiebert said she would come to the area to provide marketing and she has the ability to hire “rsvp” slots to assist with boarding.
County resident and Airport Board member Don
Jordan joined the meeting at
Ms. Kiebert said this could be the beginning of
a nice coordinated system. Chairman Dinning said
he doesn’t yet have a good sense of the plan.
Ms. Kiebert mentioned sustainability and having
funds for the entire district. Mr. Sims and Ms.
Kiebert would like to seek 5311 grant transit
dollars for this system starting year 2016 so
the program needs to be sustainable until the
5311 dollars can be tapped into. It was said if
funding was based on population,
Chairman Dinning informed those present on the
difficulties veterans have in getting
transportation to their various appointments and
he asked if this funding can be used to take
veterans to
10: Chairman Dinning said he’s seen these programs backfire and he doesn’t want to see that happen. Commissioner Pinkerton said this money is also available to a private party so is that something Ms. Kiebert has looked into. Ms. Kiebert said no. Those present discussed hiring the personnel and the understanding that this program may not be permanent. Commissioner Pinkerton asked if advertising costs could be used as match. Ms. Kiebert mentioned using word of mouth and trying to get a distinct population, not the general population.
The meeting to discuss senior transportation
services ended at Chief Deputy Clerk Tracie Isaac and Deputy Court Clerk Della Armstrong joined Commissioners, Clerk Poston and Ms. Behringer.
10:19 a.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”,
Commissioner Kirby “aye”. Motion passed
unanimously. Clerk Poston, Chief Deputy Clerk Isaac, Deputy Clerk Armstrong, and Ms. Behringer left the meeting.
Don Jordan said there are concerns with the
Comprehensive Plan and the airport as it doesn’t
refer to the airport overlay. The issues are
currently ongoing around the airport. Chairman
Dinning informed Mr. Mr. Cossalman discussed Section 14, Natural Resources. Mr. Cossalman asked what the county’s role is in enforcing state and other government regulation. It was said Planning and Zoning proposes they base their decision on zoning considerations and leave the enforcement to those other agencies. Mr. Cossalman asked Commissioners for their thoughts on enforcing state and federal regulations. Commissioner Pinkerton said the county should not enforce other agency’s regulations and the state shouldn’t be enforcing the county’s regulations; it’s proprietary.
Commissioner Kirby suggested notifying people of
other agency rules. Mr. Studer said he gives
people names and phone numbers to contact at the
other agencies and if the property is on
wetlands, he specifies on the development permit
which agency needs to be contacted for an
additional permit. Mr. Studer said various
agencies are considered in his review. Chairman
Dinning said his thought on a development permit
is that somewhere on the permit is a disclaimer
that the county may not be the only permit
needed and to contact the other agencies.
Commissioner Pinkerton asked where in the
federal register does it give the county a right
to provide enforcement. Mr. Cranor said it
doesn’t say that anywhere. Commissioner
Pinkerton said the county needs to deal with its
own role. Mr. Cranor asked how far the Planning
and Zoning Office should go to notify someone of
other state and federal agencies. Mr. Mr. Cossalman said there is a part of the Plan that implies the county will notify the state of information, but he didn’t think that is the county’s role. Chairman Dinning said the county will not enforce federal and state regulations, but as a courtesy, the county will help people with the county’s form.
Mr. Cossalman asked about State Highway/Scenic
Byway Programs, Section 14.4.1. Chairman Dinning
said the county has corrected a significant
impact with the byway in that it was designated
from Mr. Cossalman discussed Section 14.4.3, on trails and pedestrian pathways and he said this subject gets a lot of mention throughout the different sections. There is nothing wrong with a trail, but there are problems with requiring trails as a condition of development. It’s a public taking to require taking someone’s land to set aside as a trail as a condition of the application. Mr. Cossalman suggested references to trails in the first couple of sentences in Section 14.4.3, then to add a statement that many county roads serve as this. Commissioner Kirby said the state does a good job of having trails alongside the state highways. Chairman Dinning questioned if the verbiage is to encourage or mandate, and in the prior Comprehensive Plan it has to be included in the Transportation Plan, which is work for the Road and Bridge Department in addition to county roads provide for this. Chairman Dinning said he doesn’t want to mandate this as a condition of approval. Those present discussed Valley Prime Ag Land. Mr. Cossalman said there are two designations, Ag/forest and prime ag. The purpose of prime ag is to try to prevent loss of viability of farms. Mr. Cossalman said he has farming neighbors who are dependent on farming for their livelihood. As the price for prime ag land increases farmers are more likely to sell their property for development rather than farming. Mr. Cossalman asked if Commissioners would consider additional restrictions on subdivisions on prime ag land. Commissioner Pinkerton discussed conservation rights on the land and he said if it’s about keeping the land as farm ground than you need to look at that as opposed to subdividing for homes. Commissioner Pinkerton said those are real issues to him. Chairman Dinning said if you restrict a farmer from development, it will encourage their ability to recoup and it could be a conservation easement or transfer of development rights. If people really felt strongly about protecting the valley, they could negotiate for those rights for a certain amount of time. It would devaluate the farmer if restrictions were put on and it would be a taking. Chairman Dinning said he loves the valley, but what is fair to the land owner? Chairman Dinning added that he doesn’t want to treat a property owner so harshly that it’s devaluing their land. Mr. Cossalman and Commissioner Kirby mentioned the water table. Mr. Cossalman recalled two Planning and Zoning applications for subdivisions that were intended to be recreational land. It wasn’t presumed houses would be built everywhere, but it would result in fragmented land. Commissioner Pinkerton said there needs to be public input on this.
Mr. Mr. Capurso said the fine line between Mr. Cossalman and Mr. Cranor and the process between the Comprehensive Plan and the Ordinance works. Using the example of the two subdivisions in prime ag, they didn’t prevail. These applications were not denied or not approved just because they were designated prime ag, but down stream because of cause and that is a success. Mr. Capurso said this is great discussion, but the process works. It worked without having to go and add more restrictions in designation in zoning. If someone is going to subdivide, they still have to go through Planning and Zoning, and it’s not carte blanche unless the property is 20 acres. Mr. Capurso said there is already a process in place that works. The possibility of deleting Section 14.8.4., scenic byway was suggested.
Those present discussed the section on roads and
subdivisions and it was said this is a problem
the county has long looked at. When creating a
subdivision, who builds the road, who pays for
them and who maintains them? Chairman Dinning
said if the road is going to be a county road,
the Road and Bridge Foreman looks at the road
and an engineer signs off that the road meets
county standards. Chairman Dinning said if he
remembers correctly, once the road is built and
accepted it becomes a county road. Mr. Cossalman
said as more users utilize the road, there will
be a desire for the road to become a county
road. Commissioner Kirby spoke of a road that
shoots off of Mr. Cossalman said he wants to talk about the in between case such as the single home with a long driveway with more homes being built off that driveway. Chairman Dinning said every individual knew when they built their road that it was a private road and that is what they chose. That road or driveway will remain just that until someone wants to put up the money. It’s a personal responsibility. Mr. Studer said with the sensitivity of the public and the outlook of further changes, there is a good chance there will be a minimum of two public hearings to address proposed Comprehensive Plan changes and if there is a substantial change, there could even be additional public hearings during the process.
The meeting with Mr. Cossalman and Mr. Cranor
ended at Commissioner Kirby left the meeting for the day. Trial Court Administrator Karlene Behringer joined the meeting. Mr. Capurso left the meeting.
12:10 p.m., Commissioner Pinkerton 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. Chairman
Dinning yielded the chair to second.
Commissioners voted as follows: Chairman Dinning
“aye” and Commissioner Pinkerton “aye”. Motion
passed unanimously.
Commissioner Pinkerton moved to grant an
extension of time to pay year 2013 taxes on
parcels RP61N01E143750A and RP61N01E217830A, and
if the sale of parcel RP61N01E217830A doesn’t
close by
Clerk Glenda Poston joined the meeting. 1:30 p.m., Commissioners and Clerk Poston spoke to Federal Aviation Administration (FAA) Representative Gary Gates via telephone to check status of reimbursement on airport land acquisition matters. Mr. Gates said the review is close to reimbursement and that he had just needed a couple documents. There had been no purchase and sales agreement for one parcel so County Attorney Tevis Hull had to write up a document in lieu of the purchase and sale agreement. Documentation stating the replacement housing was sanitary, etc., was also requested and received. Mr. Gates said he would work on this documentation and see if he can get a drawdown of funds. Chairman Dinning informed Mr. Gates of working with the bank and of the deadlines. Mr. Gates said he hopes to provide the county with some final information today or tomorrow. The FAA needs to have a plan as to how and when the existing structures will be moved, according to Mr. Gates. Chairman Dinning said the county will have communication with the Airport Board. There have been thoughts about putting the house up for bid to be moved so maybe funds will be received as opposed to a cost. Commissioners asked how soon that plan needs to be submitted. Mr. Gates said he can issue the first drawdown of approximately $207,000, but before the next drawdown he will need to have that plan. The structures don’t have to physically be removed, but there has to be a plan in place. Commissioner Pinkerton said outside of the Dinning portion is there anything besides the housing plan that the county is slowing the ball on. Mr. Gates said he cannot think of anything the county is doing to hold up the process. Mr. Gates said the other challenge with the Merrifield portion is their house was purchased above the appraised value, but he did get an explanation from J-U-B about that so he still has to review that. Chairman Dinning said the closing for Merrifield was to be yesterday and he asked how long the process for Merrifields might take. Mr. Gates said he is hoping shortly after getting through the Dinning process tomorrow, but he may have comments on that. Chairman Dinning said assuming there is nothing big on the comments, would the funds be available to close on Merrifield this next week. Mr. Gates said he thinks so. The fact is the property had the appraisal and fee appraisal done and they both agreed. Mr. Gates said as far as if the FAA can support it or not, the worst case would be the FAA could only support up to a certain amount, but he would be surprised if the full amount wasn’t covered, but that is still up for review.
Commissioner Pinkerton thanked Mr. Gates for his
work on this project and he said this process
has gone more smoothly since Mr. Gates has been
on board. Clerk Poston said her office is
already set up in the
The call to Mr. Gates ended at
Commissioners spoke to Airport Manager Dave
Parker via telephone to discuss the plan for
removing the Dinning house. The call ended at
There being no further business, the meeting
adjourned at 2: /s/ DAN R. DINNING, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy Clerk |