County commission minutes, November 26-27

***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 1^st 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:

By: Michelle Rohrwasser, Deputy