County commission minutes, December 3-4 |
| January 11, 2013 |
|
*** Commissioner Dinning moved to authorize the Chairman to sign the Local Highway Technical Assistance Council, Local Rural Highway Improvement Project Application for year 2014 for maintenance chipseal on approximately 20 miles of county roadway, as it is a time sensitive matter. Commissioner Kirby second. Motion passed unanimously.
Mr. Gutshall discussed issues involving the
administration of Local Highway Technical
Assistance Council (LHTAC) projects. Mr.
Gutshall mentioned the criteria, the process of
ranking projects and rates of use. Mr. Gutshall discussed with Commissioners the schedule of projects funded and mentioned that none of the projects are local. The Myrtle Creek project is listed as needing to be reapplied for. Commissioner Dinning said it may be that there is just a need to reapply under the new guidelines, which could mean projects are approved but just need to go through the process. Mr. Gutshall said that is not what it means as it’s a new scenario so it’s back to the beginning.
Mr. Gutshall said Road and Bridge is still
working on drainage issues throughout the county
such as
Mr. Gutshall said someone told him if the rock
work on the Chairman Smith informed Mr. Gutshall that a resident from the Highland Flats area stopped by to inform Commissioners of drainage issues he is having after Road and Bridge had just recently completed replacing three older culverts in that vicinity. Mr. Gutshall said the hydrology layer shows this water is actually a stream that is going through this person’s property as it always has and he suggested the property owner increase the size of his culvert. The Road and Bridge Department is only supposed to work on county roads, according to Mr. Gutshall. Mr. Gutshall said he has three sand trucks ready to go so he is now just watching the weather.
Chairman Smith mentioned the request of a county
resident to relocate the
The meeting with Mr. Gutshall ended at Commissioners tended to administrative duties.
Deputy Clerk Nancy Ryals joined the meeting at
Commissioner Kirby moved to accept the indigent account assignments to the Catastrophic Health Care Program as follows: account #2012-14 in the amount of $66.98%, account #2011-55 in the amount of $49.28%, account #2012-18 in the amount of $2.49%, account #2012-24 in the amount of 66.03%, and account #2012-28 in the amount of 90.89%. Commissioner Dinning second. Motion passed unanimously. Commissioner Kirby moved to deny the appeal on indigent application #2012-30 as the appeal has been withdrawn. Commissioner Dinning second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 10:00 a.m., Clerk Glenda Poston, Chief Deputy Clerk Tracie Isaac, Deputy Clerk Chris Wolfe, City of Bonners Ferry Council Member Tom Mayo, Treasurer Jenny Fessler, Assessor Dave Ryals, City of Bonners Ferry Attorney Will Herrington, County Prosecutor Jack Douglas, City of Bonners Ferry Administrator Stephen Boorman, City of Bonners Ferry Clerk/Treasurer Kris Larson, Bonners Ferry Herald Reporter Laura Roady, Blue Sky Broadcasting Reporter Mike Brown, and property owners: Doug Ladely Sr., Ruth Sutton, Dale Simpson and Robert “Squeak” Karlac joined the meeting to discuss and question the taxes collected as a result of the City of Bonners Ferry annexation prior to the annexations’ denial. Chairman Smith said an initial meeting to discuss taxes associated with the annexation and related questions had taken place earlier in the morning. Carl Olson, Alan Dornfest and Steve Fiscus with Idaho State Tax Commission had also participated in this meeting via telephone. Chairman Smith explained the reason for holding this earlier meeting was that this was the only time all participants would be available at the same time. Questions were raised as to how to handle the taxes that have already been paid. Discussion also took place as to the effects this matter will have for the Paradise Valley Fire District and the big issue is taxes. The Paradise Valley Fire District has a wash in what their budget was, according to Clerk Poston. It was said there is a shift of 6.6 million dollars in value in the annexed area. Mr. Dornfest had stated over the phone that property owners already residing in the Paradise Valley Fire District paid $7.50 more per $100,000 in value. Chairman Smith said due to what’s going on there will be very little effect.
Those present questioned what is to happen with
the taxes collected associated with the failed
annexation. It was said there are two options.
The timeline of the City’s second attempt at
annexation was mentioned and Clerk Poston said
the new process for annexation has to go to
public hearing and has to be approved before the
end of the year. The public hearing pertaining
to the second attempt at annexation is scheduled
for
Chairman Smith questioned how to go about
contacting property owners within the area to be
annexed to let them know what’s happening with
their taxes. Attorney Herrington said most of
the taxpayers are represented by an attorney who
appealed the annexation so that attorney should
notify her clients that the city is looking to
re-annex. It was said for those affected
residents who are not represented, the City of
Commissioner Dinning said he understands legal
conversation, but in the interest of notifying
the citizens, it would be best if the City of Attorney Herrington asked about working with the Assessor’s Office as to who will notify the property owners. Assessor Ryals stated it will not be his office to send this information to the property owners and Clerk Poston added that she doesn’t think it should be the county’s responsibility. Chairman Smith said by law the only thing the county has to do is collect the taxes. The taxpayer wants to know what is going on and it’s not the county who should notify them, according to Chairman Smith. Attorney Herrington said he wants to avoid ethics issues as far as notifying people who have legal representation. Attorney Herrington said the court has not been notified. The petition filed mentioned the need to stay the annexation proceedings. There had been a hearing, but no order for a stay was mentioned. It was said one potential argument is this could have been avoided by requesting a stay. Commissioner Dinning said he doesn’t want it that both sides, the city and the county, wait for each other to do something.
Prosecutor Commissioner Kirby said it occurs to him it’s an ethical issue and he questioned why the attorneys can’t talk. Mr. Herrington said he has left a message for the attorney representing the property owners so he’s just waiting for a return call. Attorney Herrington said the issue is not ripe for county action at this time and he hopes the two parties in the case can settle the issues. Chairman Smith said the county needs to worry about getting word to the taxpayers as to where the problem lies and he doesn’t want people thinking the county is collecting these additional taxes when there is no annexation in place. The county has to collect the taxes, but cannot disperse them until instructions are given. Ms. Sutton said she is working with a coordination group and the Treasurer informed her about the trust issue so she has been getting that word out to people. City Clerk/ Treasurer Kris Larson said she doesn’t see a problem with the county holding the funds in trust. Clerk Poston spoke of the difference in solid waste fees between a city and a county resident. There difference of $18 in solid waste fees a property owner could have paid and the county will have a shortfall of that difference.
Commissioner Dinning said he wants to cover all
bases to the best of his ability. Clerk Poston
said the county will work with the State of Clerk Poston said there are parcels in the Paradise Valley Fire District and those property owners paid more than they should have, but she doesn’t know how to rectify that.
Mr. Karlac said he lives in
Prosecutor Clerk Poston said the county has tax funds in trust that have been paid and by Idaho Code, the county is supposed to disperse those funds. Clerk Poston questioned if she can she retain the funds or does she have to return them to the city. Chairman Smith said it was decided the county would keep the funds in trust. It was said the city should validate the offer of the county to keep the funds in trust. The county is only holding annexation funds in trust and the other funds will be dispersed, according to Clerk Poston. Ms. Sutton said she would contact the attorney representing the property owners to see what she can do. Attorney Herrington thanked Commissioners for their thoughtfulness in considering this issue.
The meeting to discuss the annexation matter
ended at
Commissioner Dinning moved to extend time to pay
taxes for year 2009 for parcel #RP62N03E186310A
until Commissioners tended to administrative duties. Clerk Glenda Poston joined the meeting. Commissioners continued their discussion on areas of impact and annexation. Chairman Smith discussed the need to reschedule the public hearing to consider the appeal filed by Patrick and Ada Gardiner and Bryan and Sara Ferguson. The appeal is in regards to the Planning and Zoning Commission’s decision to approve Conditional Use Permit 11-063, a request for a gravel pit filed by Tungsten Holdings. Chairman Smith is unable to attend the hearing as he will be out of town tending to county business and the county’s attorney is also unavailable due to health reasons.
There being no further business, the meeting
recessed until tomorrow at
***
9:00 a.m., Planning and Zoning Administrator Dan
Studer joined the meeting at Commissioners’
request to discuss planning and zoning matters
pertaining to criteria to allow accessory
structures on property. There are
specifications, but documentation from
Mr. Studer left the meeting at
Commissioner Dinning moved to amend the agenda
for today at
Commissioner Dinning moved to sign the letter
regarding the area of impact to the City of
Commissioner Dinning moved to adopt Resolution
2013-9. A resolution
designating the Idaho Association of
Counties as
RESOLUTION 2013-9
A RESOLUTION
DESIGNATING THE IDAHO ASSOCIATION OF COUNTIES AS
WHEREAS, the Idaho Association of Counties
(“IAC”) has been contacted by the Emergency
Communications Commission (“ECC”) to determine
whether:
1.
the counties have an
interest in joining a counter-complaint
currently filed by the ECC against the
telecommunications company TracFone seeking to
collect the 911 fee allegedly owed by that
entity to counties and to the ECC; and
2.
the counties have an
interest in joining the ECC in negotiations with
telecommunication companies who have also failed
to collect and remit a 911 fee and filing
litigation against them, if needed.
WHEREAS, The ECC is a statutorily created entity
which is responsible for providing statewide
continuity of the 911 system. TracFone, a
provider of prepaid wireless phone service, has
filed a lawsuit challenging the requirement that
it and other companies providing similar,
non-billed service are obligated to pay the 911
fee pursuant to Idaho Code 31-4804.
WHEREAS, In addition to asserting that TracFone
has failed to collect and pay a 911 fee as
required by law, the ECC is also contemplating
making similar claims against other
telecommunication companies who have also failed
to collect and pay the 911 fee. The ECC is in
the process of contacting those companies to
determine their willingness to pay past fees
owed and is interested in knowing whether
counties desire to be part of those discussions.
WHEREAS, because this issue has considerable
financial impact on counties, the ECC has asked
whether IAC could gather an agreement from
counties to represent them in the pending
lawsuit and negotiations with TracFone and also
to represent counties in negotiations with and
in potential lawsuits against other
telecommunication providers.
NOW, THEREFORE, BE IT RESOLVED that Boundary
County hereby designates IAC as the county’s
representative to resolve whether through
negotiation and/or litigation the issue of
whether TracFone and other telecommunication
companies are responsible to collect and
distribute the emergency communications fee to
each county as provided in the Idaho Emergency
Communications Act and to resolve whether
through negotiation and/or litigation any
compensation owed from those telecommunication
companies for their future to collect and remit
the 911 fee provided for by that Act.
PASSED AND ADOPTED THIS 4th DAY OF
DECEMBER, 2012.
BOARD OF COMMISSIONERS
s/_________________________
RONALD R. SMITH, Chairman
s/_________________________
DAN R. DINNING, Commissioner
s/_________________________
WALT KIRBY, Commissioner
ATTEST:
s/________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy
Recorded as instrument 255924 Commissioners tended to administrative duties. Mr. Parker said over the years he has used an old plow to move snow at the airport. Later he would rent a tractor from John Deere for approximately $1,800 for a six month period, but that rate has increased. When Pape′ Machinery took over Columbia Tractor an agreement was already in place. The cost to rent the tractor is now approximately $4,200 per year. Mr. Parker said he thought renting the tractor would work out again this year, but Pape′’s corporation got involved and the airport can no longer rent the tractor at those low rates. Mr. Parker said Pape′ doesn’t want to continue with the rental policy as the prior companies have done. Mr. Parker said the tractor he had planned on renting this year had been delivered and it will not work as the plow is too small. Mr. Parker said he’s tried to come up with a rental tractor that will work and he cannot think of a cheaper way so he’s thinking it might be time to buy one. Commissioner Kirby said Western States has treated Road and Bridge well with lease purchase agreements for equipment so that might be an option. Commissioner Dinning said the lease rates are quite low now and federal monies can be used to buy tractors, etc. Mr. Parker said the land deal is taking shape and the Federal Aviation Administration (FAA) is also pushing for more planning to be done. Mr. Parker said he’s been told if federal money is used for snow removal equipment, the county will most likely not receive any more funding for awhile as this type of equipment is perceived as a luxury item in the FAA’s eyes. Mr. Parker said he would like to have a front end loader with attachments and the quotes he has come up with total $63,000. Mr. Parker said he has $4,000 budgeted for equipment and as well as other funds that total $8,800. The payment quoted from Boundary Tractor is almost $12,000 per year and John Deere also had options totaling $13,500. Mr. Parker said if he ordered equipment using the discount process, he would have to wait four to six weeks to receive the machine. Mr. Parker said a tractor costing $59,025 could be sold at a discount of $11,000 per year.
10: Commissioner Dinning said if Mr. Parker financed through a bank, the term can extend beyond five years. Chairman Smith asked if there is timber available on the airport property in relation to selling timber to fund the equipment purchase, and Mr. Parker said yes. Mr. Parker and Commissioners discussed rates from one of the quotes on equipment. Mr. Parker said Bob Blanford, who works for Idaho Forest Group and who is also an Airport Board member, could tell him about timber prices.
Mr. Parker provided Commissioners with an update
on land issues and he briefly mentioned
advertising for a land acquisition professional.
Mr. Parker said this is probably the time for
the county to decide whether or not to push
further as money is involved. The FAA will
provide $836,817, the State of Mr. Parker said he was thinking about speaking to the landowners again and the Airport Board will discuss this. The Dinning property is the biggest hazard and they’ve been kept informed of the situation, according to Mr. Parker. Mr. Parker said he thinks Mr. Wheatley is waiting for the process and he also thinks Mr. Howard is a willing seller as long as value is there. Another property owner has actually hired a realtor to look for another house, according to Mr. Parker. Once a land acquisition professional is hired, which proposals should come in on January 3rd, the Airport Board will review and make a selection to present to Commissioners for final decision. Commissioner Dinning said once the process is started he understands the county is locked in, but questioned whether the county has to purchase all properties. It was said there is a total of seven parcels. Mr. Parker said not all seven properties need to be purchased and the FAA will only pay for what is completed. Mr. Niemeyer said there is a lump sum contract associated with the up front process of bringing in appraisals no matter how many properties are purchased. Mr. Parker said given the complexity of process the time line could be next July or August. Mr. Parker said there’s the option to just purchase or enter into an agreement with a property owner to purchase with contingencies.
The meeting with Mr. Parker, Mr. Niemeyer and
Mr. Luttmann ended at
Chairman Smith informed Ms. McFaddan that Commissioner Dinning will start sitting in on the county’s behalf at the Wildland Urban Interface (WUI) meetings. Commissioner Dinning and Ms. McFaddan briefly discussed recovery zone boundaries for Caribou. Ms. McFaddan informed Commissioners the Collaborative Forest Landscape Restoration (CFLRP) projects are working well through the Kootenai Valley Resource Initiative (KVRI).
The meeting with Ms. McFaddan ended at
Commissioner Dinning moved to go into executive
session under Idaho Code #67-2345(1)b, to
consider the evaluation of a public officer,
employee, staff member or individual agent, or
public school student; and f; to communicate
with legal counsel for the public agency to
discuss the legal ramifications of and legal
options for pending litigation, or controversies
not yet being litigated but imminently likely to
be litigated. Commissioner Kirby second.
Commissioners voted as follows: Chairman Smith
“yes”, Commissioner Dinning “yes”, and
Commissioner Kirby “yes”. Motion passed
unanimously. Clerk’s Note: Commissioner Dinning left the meeting prior to addressing the matter addressed under Idaho Code #67-2345(1)f., and returned after the discussion ended. Commissioner Kirby left the meeting prior to the motion to go out of executive session.
Clerk Glenda Poston joined the meeting at
11:35 a.m., Commissioner Dinning moved to go
into executive session under Idaho Code
#67-2345(b)1, 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. Clerk Poston left the meeting. 11:40 a.m., Property owner Laura Knuutti contacted Commissioners via telephone to request an extension of time to pay her year 2009 property taxes. Ms. Knuutti explained her family’s situation to cause them to be delinquent in paying their property taxes.
Treasurer Jenny Fessler joined the meeting at Ms. Knuutti said she would like to work out an arrangement if possible. Commissioner Dinning suggested granting Ms. Knuutti a six month extension to pay her 2009 year taxes. Commissioner Dinning informed Ms. Knuutti to contact Commissioners and the Treasurer to work something out if she is still unable to pay the taxes in six months time.
Commissioner Dinning moved to grant an extension
of time to pay year 2009 taxes for parcel
#RP62N01E123400A until
The call to Ms. Knuutti ended at 11:45 a.m., Commissioner Dinning moved to go into executive session under Idaho Code #67-2345(b)1, 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. Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously.
Commissioners recessed for lunch at Trial Court Administrator Karlene Behringer joined the meeting.
Chairman Smith discussed the city’s plans to
redirect parking and include a walking route
under the north end of the Mr. Kothe said it will be another week or so before he can paint the lower floor lobby. The meeting with Mr. Kothe ended.
Ms. Behringer presented Commissioners with a
Memorandum of Understanding Relating to the
Position of Court Assistance Officer for the
First Judicial District. This is a memorandum of
understanding (MOU) between the counties that
includes the duties, job description and
policies of the court assistance officer. An
exhibit of the breakdown of costs based on
population is also included, according to Ms.
Behringer. Clerk Glenda Poston joined the meeting. Commissioners updated Clerk Poston on details of the MOU. Ms. Behringer said it was last November that this position was talked about. Clerk Poston asked if the counties were going to be invoiced and Ms. Behringer said yes. Clerk Poston said she’s only heard positive comments regarding the person filling this position. Ms. Behringer said she will look into a hiring a part time support staff person this next year. Clerk Poston said she hopes the costs won’t fall back on the county if something changes. The funding for this position comes from a separate budget, according to Ms. Behringer. Commissioner Kirby moved to authorize the Chairman to sign the Memorandum of Understanding Relating to the Position of Court Assistance Officer for the First Judicial District. Chairman Smith yielded the chair to second. Motion passed unanimously.
The meeting with Clerk Poston and Ms. Behringer
ended at
There being no further business, the meeting
adjourned at
/s/ RONALD R. SMITH, Chairman ATTEST: /s/ GLENDA POSTON, Clerk By: Michelle Rohrwasser, Deputy Clerk |