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Monday,
March 26, 2012, Commissioners met
in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
Glendle Munier, Connie
DeCoe-Munier, Elizabeth Sloot, Shane Dodge,
Christine Dodge, and Blue Sky Broadcasting
Reporter Mike Brown joined the meeting.
9:00 a.m., Road and Bridge
Superintendent Jeff Gutshall joined the meeting
to give the departmental report. Mr. Gutshall
did not provide a written report. Chairman Smith
asked about the status of road closures. Mr.
Gutshall said roads are starting to pull out of
it, speaking of the roads that are out in the
open such as the northern part of Farm to
Market Road and Kings
Row. Chairman Smith said he hasn’t seen any
signage on the State highway about this.
Mr. Gutshall said he
expects a lot of roads to open up in the next
few days and the duration in which the roads
were closed is shorter since he didn’t have to
close them as early. Mr. Gutshall said Road and
Bridge has been working on
Shilo Road and then
will move the excavator to the District 5 Road
where culverts will soon be put in. District 5
Road will most likely be the first area Road and
Bridge will work on this spring, according to
Mr. Gutshall.
Those present discussed
grading and Mr. Gutshall said he would like to
see dryer conditions before grading, but he will
see what happens.
Solid Waste Assistant
Superintendent Monica Tompke joined the meeting
at 9:10 a.m.
Chairman Smith said
Commissioners received fully executed documents
pertaining to Deep Creek Loop and
Lions Den Road/Westside Road.
Mr. Gutshall said those documents are for the
engineering phase for the sloughing on Deep
Creek as well as Lion’s
Den Road. Mr.
Gutshall described further slides on Lion’s
Den Road.
9:10
a.m., Tom Daniel and Ken Irons with
the Boundary Soil Conservation District joined
the meeting.
Mr. Gutshall said Road and
Bridge was going to start patching potholes, but
the weather has been too wet.
The meeting with Mr.
Gutshall ended at
9:15 a.m.
Ms. Tompke met with
Commissioners to discuss the proposed solid
waste monitoring site. Ms. Tompke and
Commissioners reviewed an aerial map of the
proposed site, which is just beyond the rest
area on the way to Moyie Springs. Ms. Tompke
said another access has been approved. The lease
for this site will also be with the State at no
cost and will tie into the other leases such as
the monitored site at the Highway 95 and Highway
1 junction north of town.
Chairman Smith said
Commissioners don’t have a problem with this
proposed site and would like to know how the
State feels. Commissioner Dinning asked for the
distance between this site and the landfill. Ms.
Tompke said the distance is approximately seven
miles. Ms. Tompke said the paperwork to inquire
about the cost of power will be submitted to
Northern Lights today. The State will still use
this site as this is where their gravel is
stored, according to Ms. Tompke.
Commissioner Kirby moved to
go forward to establish a monitored collection
site near Moyie Springs. Commissioner Dinning
second. Motion passed unanimously.
Ms. Tompke left the meeting
at 9:25 a.m.
Rene Riddle and Ree Brannon
with the Boundary Soil Conservation District
joined the meeting.
Members of the Boundary
Soil Conservation District: Rene Riddle, Tom
Daniel, Ken Irons and Ree Brannon; and
Commissioners discussed funding for the Boundary
Soil Conservation District.
Ms. Brannon presented
information on Natural Resource Conservation
Services (NRCS) such as a synopsis on funding
and how it was spent for fiscal year 2011. Ms.
Brannon said the projects totaled approximately
$650,000, which is all federal funding from the
Farm Bill. Projects include the Kootenai Valley
Cooperative Habitat Restoration, Conservation
Security Program and Conservation Stewardship
Programs. Funds are for private lands for
agricultural conservation practices or forestry
planning. Ms. Brannon said NRCS does work with
the Farm Services Agency as well.
Ms. Brannon said coming up
this year is the task of how to utilize over
$300,000 for certain projects in the Kootenai
watershed. These dollars can be spent upstream
on the tributaries of the
Kootenai River.
Commissioner Dinning asked if these projects are
mainly driven by the total Maximum Daily Load
(TMDL) process, and Ms. Brannon said they are
not. Ms. Brannon explained dollars could be
spent on Deep Creek and also hand in glove work
with the Kootenai Tribe. Commissioner Dinning
said for clarity the work on private land is all
voluntary and Ms. Brannon said that is correct.
Commissioner Dinning asked
if this is leveraged for other funding. It was
said there are cost share programs available for
the landowners. The Environmental Quality
Improvement Program (EQIP) has a flat rate so if
someone puts in a pump, NRCS pays 100% up to a
certain amount and that payment schedule is
across the board. Ms. Brannon said she felt it
would be interesting to find out how much more
is out there in leverage funding. Ms. Brannon
said there are 10 new EQIP applications that
consist of a variety of forest practices,
management plans and stream bank projects.
It was said one thing NRCS
is doing in conjunction with the Soil
Conservation District is to put on work shops so
people are more aware of where this funding is
coming from. There is new initiative with farm
energy to replace farm equipment if there will
be an increase in efficiency. NCRS and the Farm
Bill Program will also help pay for a Farm
Conservation Program and help maintain
Environmental Protection Agency (EPA)
requirements. There will be workshops hosted by
professionals on this, according to Ms. Brannon.
Ms. Brannon explained the
chart for expenditures in
Idaho and that the Farm
Bill continues to support the conservation
program. Ms. Brannon said NRCS will lose the
technical assistance dollars that pays for
people to go out and set up a grazing plan or
technical design relative to cost share
programs. This will have an affect on when an
engineer is needed to help design a storage
facility, etc.
Commissioners asked Ms.
Riddle about the Soil Conservation District’s
funding request and if the request is for the
same amount as in previous years. Ms. Riddle
said the request is for the same amount of
$9,000. The State is supposed to match the
county’s funding and ultimately the Soil
Conservation District ends up with a budget of
approximately $30,000. This funding will go
toward workshops, farm tours, school programs
and Ms. Riddle said a lot involves education and
to keep the office running.
Commissioner Dinning moved
to sign the letter of intent to fund $9,000 to
the Boundary Soil Conservation District for
fiscal year 2013. Commissioner Kirby second.
Motion passed unanimously.
Ms. Riddle and Mr. Daniel
further explained programs of the Boundary Soil
Conservation District. The Women in Timber
organization is dissolving so those programs are
something the Boundary Soil Conservation
District may take on, according to Ms. Riddle.
The meeting with the
Boundary Soil Conservation District/NRCS ended
at 9:50 a.m.
Bonners Ferry Forest
Service District Ranger Linda McFaddan joined
the meeting to update Commissioners on Forest
Service issues and projects.
Ms. DeCoe-Munier, Ms.
McFaddan, and Commissioners briefly discussed
the process for giving comments for the Twenty
Mile Creek Project. Chairman Smith informed Ms.
DeCoe-Munier that comments regarding the Twenty
Mile Creek Project need to be sent to the Forest
Service and explained that Commissioners don’t
have the authority to control what the Forest
Service decides to do.
Ms. McFaddan explained the
Collaborative Forest Landscape Restoration
Project (CFLRP) projects to Ms. DeCoe-Munier.
Ms. McFaddan said the Forest Service looks at a
lot of aspects in addition to vegetative
management. The Forest Service is totally open
to comments and concerns, and that will help
make decisions. Ms. McFaddan said there is
plenty of time to give comment and if an
extended comment period is needed, she can look
into doing that.
Ms. McFaddan explained that
the first year of CFLRP, proposals had to define
projects that already had National Environmental
Policy Act (NEPA) Approval. There were
approximately 15 already approved NEPA
documents. Commissioner Dinning added these
projects were already approved and existing
projects. Ms. McFaddan said these were projects
that had been sold and had timber sales. Ms.
McFaddan said the Forest Service defines all
things they would like to do for funding and she
referred to documents for pre-commercial
thinning, culvert upgrades, fish passages and
road maintenance. The CFLRP proposal identifies
all projects that have been approved, but that
didn’t have funding.
Those present discussed
habitat burns and pre-commercial thinning. Ms.
McFaddan explained doing evasive plant
management on 400 acres across the bottom of the
Bonners Ferry Ranger District and reiterated
these projects primarily have to do with water
quality not endangered species issues although
sometimes they do overlap.
Commissioner Dinning
explained the East Fork Meadow Creek Project is
for the Bee Line watershed. It was said there
will be maintenance work and not
decommissioning. Ms. McFaddan said again it is
not decommissioning just primarily dealing with
what is called storage, to make sure culverts
are appropriate and in some cases pulling them,
and leaving the road on the landscape.
Ms. McFaddan presented
information on the projects and reviewed it with
those present. Justification for the Ruby-Copper
Project is again for water quality. In numerous
instances there has been water over the road.
Ms. DeCoe-Munier said there
are people that are more concerned with the
Twenty-Mile Project. Ms. McFaddan presented
opportunities for road maintenance, etc., and
mentioned there is information on roads that are
already closed and overgrown with vegetation.
Commissioner Dinning briefly mentioned costs to
fix roads and normal maintenance costs. It was
said this is the kind of analysis that is done
for any area proposed for vegetation treatment.
Ms. McFaddan said she would get back to Ms.
De-Coe-Munier about comments and extensions and
informed Ms. DeCoe-Munier that the Kootenai
Valley Resource Initiative (KVRI) meetings are
open to the public to learn of this information.
Ms. McFaddan said she may be able to have a
field trip near the Naples
area.
Ms. McFaddan presented
information on proposed screen burning. The
Bethlehem
burn is in the Mission Brush area and these
sales have already been logged. Ms. McFaddan
said this project wasn’t so much logging as it
was the rerouting of Highway 95 up north. The
Forest Service is also working on getting
contract packages to the Forest Supervisor’s
Office for the East Fork Meadow Creek Project.
Ms. McFaddan said the Forest Service was upheld
by the regional office on the appeal so the
Forest Service is now moving forward with
contracts. Ms. McFaddan said she’s met with the
Forest Supervisor regarding the Leonia Project.
Once the decision has been signed, the Forest
Service will go out for public comments.
Commissioner Dinning said
it appears the federal budget will be cut again.
Ms. McFaddan said that is correct.
The meeting with Ms.
McFaddan ended at
10:20 a.m.
Commissioners tended to
administrative duties.
Christine Dodge discussed
with Commissioners her disapproval of what the
Forest Service is doing. Ms. Dodge said she
wants to know who is in control here and added
that citizens are not being heard.
Ms. Dodge and Mr. Dodge
left the meeting at
10:30 a.m.
10:30 a.m., Sheriff’s Office
Administrative Deputy Crystal Denton joined the
meeting.
Ms. Denton presented a copy
of the contract for mapping software for
dispatch computers.
Chairman Smith updated
Commissioners on his brief discussion last week
with Ms. Denton and Eddie Goldsmith, State of
Idaho 911 Coordinator. Ms. Denton said once
standards are met she will send a letter to all
cell phone providers who will then have six
months to change their routing so the call goes
to a true 911 location.
Chairman Smith said it will
now cost $16,500 for the next step, but these
are funds that will come from the 911 grant. Ms.
Denton said Mr. Goldsmith said these funds have
been approved and the check is in the mail.
Commissioner Dinning moved
to authorize the Chairman to sign the contract
with BullBerry Insight Software for a total of
$16,500 for 911 dispatch software to include
installation and training. Commissioner Kirby
second. Motion passed unanimously.
Ms. Denton left the meeting
at 10:35 a.m.
Commissioner Dinning moved
to adopt Resolution 2012-14A. A resolution
amending Resolution #2012-14 due to clerical
error. A resolution increasing Current Expense
General Budget due to receipt of unanticipated
Federal Forest Fund distribution (Secure Rural
Schools) Title III Funds. Commissioner Kirby
second. Motion passed unanimously. Resolution
#2012-14A reads as follows:
RESOLUTION 2012-14A
A RESOLUTION AMENDING RESOLUTION 2012-14 DUE TO
CLERICAL ERROR
A RESOLUTION INCREASING CURRENT EXPENSE GENERAL
BUDGET
DUE TO RECEIPT OF UNANTICIPATED
FEDERAL
FOREST
FUND DISTRIBUTION
(SECURE RURAL SCHOOLS) TITLE III FUNDS
WHEREAS, the Board of County
Commissioners, County of Boundary, State of
Idaho, did adopt Resolution 2012-14 on March 19,
2012 increasing the Current Expense General
Budget due to receipt of unanticipated federal
forest fund distribution (Secure Rural Schools)
Title III Funds, and
WHEREAS, Resolution 2012-14 contained a
clerical error in that the Expense Account
Number 01-18-727 was erroneously identified as
SRS Title II Funds when it is actually SRS Title
III Funds, and
NOW THEREFORE, upon motion duly made, seconded
and unanimously carried,
IT IS RESOLVED that Resolution 2012-14 is
hereby amended to correct the clerical error
and it is hereby authorized and ordered
to increase the Current Expense General Budget
and establish Revenue Account Number
01-00-0329-0002, SRS Funds, and Expense Account
Number 01-18-727, SRS Title III Funds, in the
amount of $15,160.70, 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 26th day of March, 2012
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/______________________________
RONALD R. SMITH, Chairman
s/______________________________
DAN R. DINNING, Commissioner
s/______________________________
WALT KIRBY, Commissioner
ATTEST:
s/___________________________________
GLENDA POSTON
Clerk of the
Board of
County
Commissioners
Recorded as
instrument #253538
11:00 a.m., County
residents Bruce Martins, Karen Martins and Jeff
Ennis joined the meeting to discuss verbiage for
a resolution pertaining to the National Defense
Authorization Act (NDAA). Chief Deputy Sheriff
Rich Stephens also joined the meeting on behalf
of Sheriff Greg Sprungl.
Commissioners contacted
Attorney Phil Robinson via telephone.
Chairman Smith informed
Chief Deputy Sheriff Stephens that Bonner County
Commissioners had adopted a resolution that
sounded like Bonner
County’s Sheriff
would be confronting the federal government.
Attorney Robinson has been asked to put a
resolution together for
Boundary
County and since that time more
information has come up.
Chairman Smith informed
Attorney Robinson of this morning’s conversation
with Christine Dodge where he had informed her
that the county ultimately could not tell the
federal government what to do. Chairman Smith
said the discussion was that Ms. Dodge wants the
county to tell the federal government what can
or can’t be done in
Boundary
County.
Sheriff Greg Sprungl joined
the meeting. Chief Deputy Sheriff Rich Stephens
left the meeting.
Ms. Martins asked Chairman
Smith to read the draft resolution into the
record. Chairman Smith said he felt the
resolution answered the concerns.
Ms. Martins said her
question is what did Chairman Smith specifically
not like about the
Bonner
County resolution? Chairman Smith
said he didn’t like the entire atmosphere of
Bonner
County’s resolution, and that the
proposed resolution drafted by Attorney Robinson
is as demanding, but it states the concerns of
Boundary County’s
citizens need to be addressed. The
Bonner
County resolution looks like
Bonner
County is ready to take up arms,
according to Chairman Smith.
Chairman Smith said any
resolution this county has done is signed by
Commissioners and he mentioned his concerns of
the Sheriff’s signature included on the
Bonner
County resolution. Mr. Martins asked
who enforces the protection of the citizens and
Sheriff Sprungl said the sheriff acts as the
enforcement. Sheriff Sprungl said he has said
his involvement is on a case by case basis and
he gave examples that someone coming with a
document from the federal courts would not be
over reaching their authority, but if someone
comes in over reaching their authority such as
if the Internal Revenue Service (IRS) comes to
post on private property and doesn’t show
authority, they will leave. If the federal
government comes in with warrant from a federal
judge, the county doesn’t turn them around.
Sheriff Sprungl said if someone doesn’t come to
the Sheriff’s Office to give notice, they still
can’t be turned around if they have an approved
document.
Clerk Glenda Poston and
Deputy Clerk Nancy Ryals joined the meeting at
11:30 a.m.
Sheriff Sprungl said people
thought the Sheriff’s Office didn’t know what
was going on at the time of Ruby Ridge. Sheriff
Sprungl was asked what if the federal government
tried to sneak in and Sheriff Sprungl responded
that the federal government doesn’t want to get
in that situation. Any and all federal agents
have come in and asked the Sheriff’s Office what
information they have on people they would like
to arrest.
It was asked if cooperation
could be in writing. Chairman Smith asked if the
Sheriff could stand in the way of the federal
government when they come to the county to make
an arrest or serve papers. Sheriff Sprungl said
that is too broad of a question and it is on a
case by case basis.
Commissioner Dinning
referred to the verbiage in the resolutions and
suggested rather than say the NDAA is a problem;
just give a solution. This problem was created
in the senate and the house, so to look at this
issue is to hold hearings and not just say we’re
going to be mad, so that is what we’re
attempting to do. People can come in mad and
want someone to do something, but there had been
no alternatives. If there is a change in the
make up in the senate, then these issues can
probably be fixed, according to Commissioner
Dinning.
Mr. Martins said Senator
Crapo and Senator Risch did not vote for the
NDAA and asked if that was correct. Commissioner
Dinning said he believes that is correct so they
have exercised their authority on this issue.
Mr. Martins said he is not here to blame local
legislators, but the Senate brought it forward
and although President Obama had reservations he
signed it. Mr. Martins said from reading and
hearing things such as statements from John
McCain, an enemy combatant is an enemy combatant
and didn’t specify terrorists so that raised a
red flag to him.
Bonner
County wanted to let the federal
government know they’re not happy with the two
sections in this Act. Under Section 1867 habeas
corpus has been taken away. Ms. Martins said all
bets are off if Marshal Law is declared.
Chairman Smith reviewed the
paragraph in Bonner
County’s resolution
that he has issue with. Ms. Martins said Bonner
County Sheriff Darrell Wheeler is the elected
official who brought this issue to commissioners
in Bonner
County
so that may be why he signed the resolution.
Commissioner Dinning asked Ms. Martins if she
has any concerns with the resolution drafted by
Attorney Robinson. Commissioner Kirby reviewed
the second to last paragraph of
Bonner
County’s resolution and said he is
not in favor of putting something out that is
confrontational. Chairman Smith said as soon as
it’s adopted, Boundary
County’s resolution
will be sent to the congressional delegation
along with a letter stating the concerns. Mr.
Martins agreed on the need to be diplomatic in
these situations and thanked Commissioners for
the community’s chance to come and discuss this.
Mr. Martins spoke of the number of citizens that
probably don’t know this was Act passed.
Chairman Smith said he appreciates the comments.
Chairman Smith said
Boundary County’s
resolution will also be published in the
newspaper.
Commissioner Dinning said a
lot of learning this information goes back to
individual responsibilities. To be truthful
Commissioners cannot know everything so this is
type of discussion is appreciated. Commissioner
Dinning reiterated that acquiring knowledge of
these issues goes back to being an individual
responsibility. Mr. Martins thanked Sheriff
Sprungl for being at today’s meeting and said
she appreciates knowing the Sheriff will enforce
what he can.
Chairman Smith said
Commissioners will see that the Idaho
Association of Counties receives a copy of the
resolution.
Commissioner Dinning moved
to adopt Resolution #2012-15. A resolution
concerning the National Defense Authorization
Act; expressing concerns of provisions
concerning citizen rights; providing for
submission of this resolution; and providing for
the effective date of this resolution.
Commissioner Kirby second. Motion passed
unanimously. Resolution #2012-15 reads as
follows:
RESOLUTION NO._2012-15
BOUNDARY COUNTY,
IDAHO
TITLE:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF
BOUNDARY COUNTY,
IDAHO;
CONCERNING THE NATIONAL DEFENSE AUTHORIZATION
ACT; EXPRESSING CONCERNS OF PROVISIONS
CONCERNING CITIZEN RIGHTS; PROVIDING FOR
SUBMISSION OF THIS RESOLUTION; AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS RESOLUTION
WHEREAS:
Boundary County, Idaho, a political
subdivision of the State of Idaho, is governed
by the Board of County Commissioners, has
received inquiries concerning the National
Defense Authorization Act, which is commonly
identified as SB1867; and,
WHEREAS:
The Board having received input from
several sources particularly concerning the
potential implementation of Sections 1021 and
1022 thereof; and,
WHEREAS:
The Board of County Commissioners have
and do hereby determine that the concerns
expressed by the Idaho Congressional delegation
at the time of the adoption of SB1867, and calls
for modification and amendment or deletion of
Sections 1021 and 1022 thereof reflect the
concerns and inquiries addressed by citizens of
Boundary County to the Board; and;
WHEREAS:
The Board of County Commissioners are
fully aware of the rights afforded by the
Constitution of the United States and of the
State of Idaho, which all of these elected
officials are sworn to observe, support and
defend; and,
WHEREAS:
These concerns arising from the present
language and content of Sections 1021 and 1022
require careful review and deserve respectful
analysis and response.
NOW, THEREORE,
BE IT RESOLVED THAT:
The Board of County Commissioners of
Boundary County, Idaho, do hereby express the
continued concern of the citizens about the
intent and potential action and implementation
of Sections 1021 and 1022 of the National
Defense Authorization Act.
BE IT FURTHER
RESOLVED THAT:
The Board of County Commissioners
encourage the proper State and Federal officials
including, but not limited to, the Congressional
delegation to require a review of the same and
the submission of a full analysis and report of
any potential deprivation of the rights of any
citizen.
BE IT FURTHER
RESOLVED THAT:
If the hearings, analysis, and report
demonstrate that such deprivation of rights is a
potential within the present language and
content of Sections 1021 and 1022, the
appropriate officials of the State of Idaho
and/or the federal representatives take such
affirmative judicial or legislative action to
amend, modify, or repeal such Sections.
BE IT FURTHER
RESOLVED THAT:
Upon adoption and execution, a copy of
this Resolution shall be submitted to the
Governor, Attorney General, and any other
officials of the State of Idaho, and to the
elected Congressional delegation from the State
of Idaho.
Further copies shall be provided to any
other official or agency of the State or Federal
government as directed by the Board of County
Commissioners.
BE IT FURTHER
RESOLVED THAT:
This Resolution shall be in full force
and effect upon its adoption by the Board of
County Commissioners of Boundary County, Idaho,
in a regular meeting of the Board, and upon the
execution and attestation of the same.
ADOPTED
AND
APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF
BOUNDARY COUNTY,
IDAHO
on the 26th day of March, 2012.
s/___________________________________
RONALD R. SMITH, Chairman
s/___________________________________
DAN R. DINNING, Commissioner
s/___________________________________
WALT KIRBY, Commissioner
ATTEST:
s/__________________________________
MICHELLE
ROHRWASSER, Deputy Clerk
BOARD OF
COUNTY
COMMISSIONERS
Recorded as
instrument #253539
Ms. Martins thanked
Attorney Robinson and various people for their
help.
The meeting ended and Mr.
Ennis, Mr. Martins, Ms. Martins and Clerk Poston
left at 11:50 a.m.
Chairman Smith informed
Attorney Robinson that Commissioners received a
waiver letter from Julie Weis in regards to the
caribou issue.
Attorney Robinson said
Attorney Weis’ concern is if one client is not
able to move forward, this letter will waive any
conflict if another client wishes to pursue the
matter. This is a standard letter when you
represent entities, according to Attorney
Robinson.
Commissioner Dinning said
the next step if Commissioners chose, is to
employ Attorney Weis as she comes highly
recommended and she will have the knowledge to
move forward with the information Commissioners
provide her. Commissioner Dinning said he is not
one to step into the federal court arena without
proper representation. Whatever caribou critical
habitat designation is made will be challenged
by someone. Attorney Robinson said
Boundary County
received information and Attorney Weis will look
into that to see if there is merit as to their
cause so at that time,
Boundary
County will look at possibility of
signing on. Attorney Robinson said the county
needs assistance in taking the proper steps. If
there is merit with joining another legal
proceeding in the delisting process, Attorney
Weis is certainly the person to talk that
language with the other entity’s counsel.
Commissioner Dinning moved
to authorize the Chairman to sign the waiver
letter from Attorney Julie Weis with Haglund,
Kelley, Horngren, Jones and Wilder, in regards
to the caribou critical habit issue.
Commissioner Kirby second. Motion passed
unanimously.
The meeting discussing the
waiver letter and the telephone call to Attorney
Robinson ended.
Commissioner Kirby moved to
adopt Resolution #2012-16. A resolution creating
a county-wide ambulance service district.
Chairman Smith yielded the chair to second.
Commissioners voted as follows: Chairman Smith
“aye”, Commissioner Kirby “aye”, and
Commissioner Dinning “nay”. Motion passed.
Resolution #2012-16 reads as follows:
RESOLUTION
NO._2012-16
BOUNDARY COUNTY,
IDAHO
TITLE:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF
BOUNDARY COUNTY,
IDAHO;
CREATING A
COUNTY-WIDE AMBULANCE SERVICE DISTRICT;
DESCRIBING THE BOUNDARIES OF SAID DISTRICT;
DESIGNATING SAID DISTRICT AS THE BOUNDARY COUNTY
AMBULANCE SERVICE DISTRICT; PROVIDING FOR THE
RECORDING OF OF THIS RESOLUTION; RECOGNIZING
SAID DISTRICT AS A LEGAL TAXING DISTRICT;
PROVIDING AMBULANCE SERVICE AS A GOVERNMENTAL
FUNCTION; ESTABLISHING THE BOARD OF COUNTY
COMMISSIONERS AS THE GOVERNING BOARD OF THE
DISTRICT; RECOGNIZING THE AUTHORITY OF THE BOARD
TO LEVY A SPECIAL TAX; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS RESOLUTION
WHEREAS:
Boundary County, Idaho, a political
subdivision of the State of Idaho, is governed
by the Board of County Commissioners, pursuant
to Title 31, Idaho Code, with all of the powers
vested thereby; and,
WHEREAS:
The Board of County Commissioners has
received a petition for the formation of an
ambulance district pursuant to the provisions of
Idaho Code 31-3908, which was certified by the
County Clerk and the required fees paid by the
petitioners.
Thereafter, notice of a public hearing
was published; and,
WHEREAS:
The Board of County Commissioners
commenced a public hearing, maintaining a record
of said hearing including all statements,
comments, and submissions from the public.
At the conclusion of said public hearing
session, the Board of County Commissioners
adjourned said hearing for a period of less than
30 days and continued to obtain and receive
input and comments from the public.
The Board of County Commissioners then
held the remainder of the public hearing at the
time and date announced when the first portion
was adjourned and continued.
At the final hearing public comment and
written materials were received, and the full
record maintained; and,
WHEREAS:
The Board of County Commissioners have
and do hereby determine that such ambulance
service district is in the public interest of
Boundary County, and is a reasonable and
necessary service for protection of personal and
public health, and is a governmental function;
and;
WHEREAS:
The Board of County Commissioners has
voted to approve the creation of such ambulance
service district.
NOW,
THEREORE, BE IT RESOLVED THAT:
The Board of County Commissioners of
Boundary County, Idaho, pursuant to the
authority and power granted by Idaho Code
31-3908 does hereby declare that it is in the
public interest to create a County-wide
ambulance service district.
BE IT FURTHER
RESOLVED THAT:
The ambulance service district shall be
named as designated as the BOUNDARY COUNTY
AMBULANCE SERVICE DISTRICT.
BE IT FURTHER
RESOLVED THAT:
The boundaries of the District shall be
the legal and geographic boundaries of Boundary
County, Idaho, and shall include all real
property located within Boundary County, Idaho.
BE IT FURTHER
RESOLVED THAT:
Said District is and shall be recognized
as a legal taxing district.
BE IT FURTHER
RESOLVED THAT:
The creation of and operation of the
District is a governmental function.
BE IT FURTHER
RESOLVED THAT:
The Board of County Commissioners of
Boundary County,
Idaho
shall be the governing Board of the District.
BE IT FURTHER
RESOLVED THAT:
The Board of County Commissioners, and as
such Board, has and shall have the authority to
levy a special tax for the operation of the
District.
BE IT FURTHER
RESOLVED THAT:
Upon the adoption and execution of this
Resolution, the same shall be recorded by the
County
Recorder
in the Records of Boundary County, Idaho.
BE IT FURTHER
RESOLVED THAT:
This Resolution shall be in full force
and effect upon its adoption by the Board of
County Commissioners of Boundary County, Idaho,
in a regular meeting of the Board, and upon its
recording as set forth above.
ADOPTED
AND
APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF
BOUNDARY COUNTY,
IDAHO
on the 26th day of March, 2012.
s/_____________________________
RONALD R. SMITH, Chairman
s/_____________________________
DAN R. DINNING, Commissioner
s/_____________________________
WALT KIRBY, Commissioner
ATTEST:
s/___________________________________________________
CLERK OF THE BOARD OF
COUNTY
COMMISSIONERS
Recorded
as instrument #253540
Commissioner Dinning moved
to go into closed session under Idaho Code
#31-874. Commissioner Kirby second. Motion
passed unanimously.
12:00 p.m., Commissioner Dinning
moved to go out of closed session. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Dinning moved
to approve indigent application #2012-16 as per
the Clerk’s recommendation. Commissioner Kirby
second. Motion passed unanimously.
12:00 p.m., There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
***Tuesday,
March 27, 2012, Commissioners met
in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
Commissioners did not meet
until the afternoon session at
1:30 p.m.
Commissioner Dinning moved
to amend today’s agenda for 3:00 p.m., to add
signing the State of Idaho, Department of
Agriculture federal funding documents for the
Selkirk Cooperative Weed Management Area (CWMA)
2012 Federal Cost Share Funding award and any
future related documents. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to amend today’s agenda for
3:05 p.m., to change the date of the
county’s tax deeded property auction.
Commissioner Kirby second. Motion passed
unanimously.
1:30 p.m., Commissioners
held a public hearing to consider Planning and
Zoning Application #11-061, a subdivision
requested by applicant James Fox. Present were:
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, Planning and Zoning
Administrator Mike Weland, Deputy Clerk Michelle
Rohrwasser, Applicant James R. Fox, Jay Epstein,
Randy Peterson, Ed Atkins, Ralph Judd, Don
Allenburg, Erik Olson, Vic Amoth, Chris Amoth,
Dan Studer, Mike Ripatti, Dick Staples, John
Marquette, Don Jordan, Steve Tanner, Robert
Olson, Dave Wattenbarger, Larry Peterson, John
O’Connor, Tom Daniel, Marciavee Cossette, and
Blue Sky Broadcasting Reporter Mike Brown. The
public hearing was recorded.
Chairman Smith reviewed the
public hearing procedures. No member cited a
conflict of interest.
The Planning and Zoning
Commission’s findings provided an overview of
the application. The applicant is seeking to
develop a 30-lot clustered subdivision on four
parcels totaling 382.33 acres. The parcels,
ranging in size from two and one half to three
acres in size, encompass a total of 81.54 acres,
leaving 300.79 acres to be restricted from all
but uses not regulated by
Boundary
County within the zone district.
If approved, the proposed
subdivision would be developed in two phases;
Phase 1 to included 14 lots and Phase 2 to
include 16 lots.
Chairman Smith asked the
applicant to give an opening statement. James
Fox asked Commissioners if they had received his
written comments as he had tried to address the
Planning and Zoning Commission’s issues so he
would like to let his written comments stand.
Mr. Fox is proposing 30, two and one half to
three acre parcels along the
Kootenai
River. Mr. Fox said currently a
portion of this land is farm land and some is in
pasture. Mr. Fox said this is private ground and
in the United
States
we have the scope and guidelines to do what we
want as long as we follow those guidelines. Mr.
Fox said this land is in the Class B flood zone.
Mr. Fox said his family has owned this property
since the 1930’s. The Amoth’s have farmed this
land and Mr. Fox said he would like to preserve
a majority of the land as farm land.
Mr. Fox said he already has
a development permit for 10 acre lots. Mr. Fox
referred to the Comprehensive Plan and said he
wants to keep farm ground and in this zone, he
is given the chance to reserve farm land. Mr.
Fox said he is only using 16% of the farm ground
for the subdivision, which leaves 84% available
for farming. Mr. Fox said the subdivision in the
Rathdrum prairie had not been built in the
cluster development.
Mr. Fox said along the
river bank he will have to use the U.S. Army
Corps of Engineers’ rules for erosion. Mr. Fox
referenced building heights for the zone area in
question. The application meets the
Comprehensive Plan and the Ordinance, according
to Mr. Fox. Mr. Fox said by approving his
application he can maximize the use of his
property while preserving 85% of the farm
ground. All lots access the dike and list the
dike levels to be maintained. A dike level of
1,770 will provide for extra protection.
Commissioner Dinning said
the conditions, covenants, and restrictions
(CCR’s) mention lawsuits and farming and it
doesn’t state there is no penalty to landowners
who sue; it just says you can’t. Mr. Fox said
the matter would have to go to court to
determine the penalty. Commissioner Dinning said
the term “nuisance” is subjective. Mr. Fox said
the term nuisance was modified in Idaho Code in
year 2011. If no nuisance is filed with the
courts prior to this time; there is no basis
after the application has been approved.
Commissioner Dinning said
for clarity that Mr. Fox’s application
references a firm that mentions floodplain
information and he asked if this firm referenced
water flowing back from
Kootenay
Lake. Mr. Fox said the Corps
mentioned there would be some water, but not a
large amount.
Commissioner Dinning
discussed property owners being responsible for
erosion of the river bank and the high costs
involved. Boundary
County
has faced this issue before and
Boundary
County is the one that ends up
trying to remedy the issue, according to
Commissioner Dinning. Mr. Fox said that issue
would become a court matter.
Commissioner Dinning asked
about septic systems and testing that had been
done in the Fall. Mr. Fox said he hasn’t
observed a seepage problem, but maybe the
Amoth’s have. Commissioner Dinning mentioned the
total acreage and the portion of that proposed
for the subdivision. Commissioner Dinning asked
Mr. Fox how much property is out of the dike
toe. John Marquette, speaking on behalf of Mr.
Fox said there is 11.5 acres from the toe to the
dike and 11.9 acres from toe to toe.
Commissioner Dinning asked for the base
elevation of the dike toe and Mr. Fox said he
thought it was 1,767. Mr. Marquette said the 100
year flood elevation is 1,767 and the lowest
elevation is approximately 1,765 to 1.767.
Mr. Weland provided a staff
report. The Planning and Zoning Commission gave
a unanimous disapproval of this application as
per the reasons listed in the Planning and
Zoning Findings.
Chairman Smith asked for
public comments from those in favor of the
application. Steve Tanner,
Meadow Creek Road,
said he is a member of the Boundary County
Property Owner’s Association and he briefly
mentioned the belief of life, liberty, and
property. The theory is that a property owner
has a right over their property as long as it
doesn’t infringe on others. Communist manifestos
have been adopted in regards to land use. It
used to take a village to raise a child and now
it takes a village to decide what to do with
someone’s property, according to Mr. Tanner.
Freedom is a valuable commodity. Mr. Tanner said
he doesn’t feel the clustering attempted is
needed, but Mr. Fox has made an effort. Mr.
Tanner said he is in favor of Mr. Fox’s rights.
Mr. Tanner left the
hearing.
Chairman Smith asked for
public comments that are uncommitted to the
application. No one from the public spoke.
Chairman Smith asked for
public comments that are opposed to the
application. Ed Atkins, Elk Mountain Farms, said
he doesn’t disagree with Mr. Tanner. Mr. Atkins
said he is a farmer and the issue is about local
preservation. Mr. Atkins said he used to have a
hops farm across from the Kootenai River Inn in
the north bench area, but he had to cease
operations because of issues with the neighbors.
A property owner should have the right to do
with their own property, but he can’t see
farmers and residential areas co-existing
without issues and he gave an example of current
battles with Tungsten Holdings in the Porthill
area. Legislation changes and can then prohibit
pesticides, burning, etc. Mr. Atkins said he is
not opposed to progress, but he doesn’t like all
change. Mr. Atkins said the applicant’s property
does not border his property, but it is close.
Commissioner Dinning asked
Mr. Atkins if there was a clause that would
exempt lawsuits related to agriculture, would
that be better. Mr. Atkins said that is fine,
but legislation changes.
Jay Epstein, Bonners Ferry,
said house clusters establish adverse use and
farming and residential areas will be at each
other. The valley should be maintained as a
prime agricultural source. The market value of
crop produce was 27 million dollars, but that
doesn’t take into account the economic value of
producing that. Mr. Epstein said the dikes are
of real concern. In years 2006 and 2007 there
was anxiety of dike failure. Mr. Epstein asked
if the responsibility of the dikes could be
recorded in the easement deed so there is a
clear understanding and he suggested retesting
the septic this week for comparison. Mr. Epstein
said he thought Road and Bridge had a concern
over the road issue.
Dan Studer,
Wildhorse Lane,
Bonners Ferry, said he has heard the concern of
cluster development in a prime agriculture area,
but that would be something he is in favor of.
Mr. Studer said along the
Westside Road he sees
areas where clustering had a more appropriate
access. Mr. Studer said some of the issues will
not be mitigated by the CCR’s and noise density
seems to be a concern. Mr. Studer said if the
parcels proposed were 10 acres instead of two
and one half acres, there would be no need for
this meeting and roads would not be an issue.
Mike Ripatti said he is
concerned about self preservation. Mr. Ripatti
said Mr. Fox alluded that cattle grazing is more
polluting than people and he gave an example
against that theory. Mr. Ripatti said city
people have a perception about cows and what
they do and perception is scarier than the
truth. Mr. Ripatti said an undisturbed river
bank is probably in the 1,768 range. The range
of 1,764 was used by the Army Corps of Engineers
years ago and that did well, but that is not
always an absolute. Mr. Ripatti said the biggest
concern is the Federal Emergency Management
Agency (FEMA) and the flood zone map, but it
seems nobody wants to do a base study along the
river. Mr. Ripatti said he doesn’t know how FEMA
establishes their elevations, and he is not sold
on taking the dikes down three feet.
Mr. Ripatti said he also
has concerns about density on the river and he
gave examples of the numbers of boats and docks
on the river depending on the number of
residences. Mr. Ripatti gave examples of the
evolving practices of land management by home
owners who purchase a larger parcel versus if
the parcel was a more manageable two and one
half acres. Mr. Ripatti said someone who
purchases a larger parcel will eventually
understand the farming issues and will apply for
agriculture permits. What one neighbor does can
affect another neighbor downstream, and there
isn’t anyone who will maintain and back up the
dike elevation, according to Mr. Ripatti.
Don Jordan said he feels it
is more important that the land be used for its
best use and this is the county’s best farmland.
Mr. Jordan
referenced the statement that for every dollar
spent locally is equal to spending this money
seven times over in the county overall.
Mr. Fox said in regards to
the dollars, assumptions are being made that
people buying the lots will be full time
residents and there may be some, but some will
possibly come just occasionally. Mr. Fox said he
doesn’t think the concentration will be that
high and the concept of all buyers being full
time residents is most likely not the case.
Mr. Fox said when someone
buys the property there is the deed and they
will have to get a zoning certificate. Mr.
Weland said he has to look at the set backs,
minimum parcel size, and flood plain
information.
Mr. Fox said in regards to
cattle, he is not an environmentally overboard
and he is not opposed to grazing. Mr. Fox said
there are changes in the law and this
subdivision can happen as he has seen the system
of farmland adjoining high concentration in
Europe. Clustering is not something
new and it can protect farmers. The caveat is
using general farming practices. Mr. Fox said he
feels his application fits the overall scope of
the Comprehensive Plan. Mr. Fox said he is using
16% of the land and the remaining 84% will be
left alone.
Commissioner Dinning asked
about the concerns the Road and Bridge
Superintendent might have. Mr. Fox said he would
meet with the Road and Bridge Superintendent and
agree to the conditions. Chairman Smith reviewed
Road and Bridge Superintendent Jeff Gutshall’s
written comments into the record. Dick Staples
of JRS Surveying said the final plat will
require the signature of the Road and Bridge
Superintendent and Mr. Fox will have to meet
those standards.
Commissioners closed the
hearing to further public testimony. Chairman
Smith said his biggest concern is the dikes.
Chairman Smith said he is impressed with the
comments given and he tends to agree with them.
Chairman Smith said he agrees with the Planning
and Zoning Commission in denying the application
for his reasons as well as the reasons given by
the Planning and Zoning Commission.
Commissioner Kirby said he
is more concerned with the encroachment. First
timber is shut off and next would be agriculture
and he referred to the hops production issue in
the north bench area. Commissioner Kirby said we
need to protect the agriculture that is going
on. It is that serious, according to
Commissioner Kirby.
Chairman Smith referred to
the comments about 10 acres and reiterated the
comment that this meeting would not be necessary
if the application was for 10 acre lots.
Commissioner Dinning said
he feels that Mr. Fox made a sincere attempt to
set aside land. Commissioner Dinning referred to
the period of the Comprehensive Plan review and
minimum lot size. The larger the lot size the
more inhibitive it is, according to Commissioner
Dinning. Commissioner Dinning said he has
concerns about bank erosion as
Boundary
County will have to pick up the tab
and he questioned how to stabilize the banks.
The concerns about flood zones A and B are that
the dike level changes. Ultimately the
protection of land across the river and down
river could be written into the documents, but
nuisances are subjective. Commissioner Dinning
said personally he would much rather see what
would be allowed with 10 acre minimum lot sizes.
Commissioner Kirby moved to
deny Planning and Zoning Application #11-061, an
application for a 30 lot subdivision requested
by James Fox Enterprises. Commissioner Dinning
second. Motion passed unanimously.
The public hearing
regarding Planning and Zoning Application
#11-061 by Applicant James Fox ended at 3:10 p.m.
3:10
p.m., Boundary County Emergency
Services Incident Commander Bob Graham, Director
Dave Kramer, Planning and Zoning Administrator
Mike Weland, and GIS Mapper Gary Falcon joined
the meeting.
Commissioner Dinning moved
to authorize the Chairman to sign the State of
Idaho, Department of
Agriculture federal funding documents for the
Selkirk Cooperative Weed Management Association
(CWMA) 2012 Federal Cost Share Funding Award,
the Cooperative Weed Management Area
Disbursement Agreement-State Cost Share Funds,
and any future related documents. Commissioner
Kirby second. Motion passed unanimously.
Commissioner Dinning moved
to reschedule the tax deed property auction
schedule for April 10, 2012 to Tuesday, April 24, 2012 at
10:00 a.m. Commissioner Kirby second.
Motion passed unanimously.
Mr. Graham updated
Commissioners on a call he responded to.
Commissioners and those
present reviewed and completed the State of
Idaho Department of Water Resources, Idaho Flood
and Seismic Risk Portfolio questionnaires and
comments update.
Clerk Glenda Poston joined
the meeting at Commissioners request.
Mr. Graham, Mr. Kramer, and
Mr. Weland left the meeting at
3:45 p.m.
Mr. Falcon informed
Commissioners that he would like to attend the
2012 Intermountain GIS Conference in Kalispell
and the total cost is $535. Mr. Falcon said this
conference could be funded partially by 911
funds and he will also look into the Road and
Bridge budget line item.
Clerk Poston suggested Mr.
Falcon put documentation together with details
of the workshop and related expenditures.
Commissioner Dinning moved
to approve travel expenses and workshop fees to
be funded by 911 funds for Gary Falcon to attend
the Intermountain GIS Conference. Commissioner
Kirby second. Motion passed unanimously.
Mr. Falcon left the meeting
at 3:50 p.m.
Clerk Poston left the
meeting at 4:00 p.m.
There being no further
business, the meeting adjourned at
4:00 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy
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