***Monday, January 11, 2010, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Don Vickaryous joined the meeting to discuss a dispute over his property taxes. Donna Capurso, KPND Radio News Reporter Mike Brown and Deputy Assessor Ken Carpenter joined the meeting.
Mr. Vickaryous said he is appealing his taxes as the homeowner’s exemption was added to the wrong parcel. Mr. Vickaryous said he was told he would have to wait until the next year’s assessment to receive the benefit and that didn’t happen as the tax benefit still reflected on his rental home and not the new home he moved into. Mr. Carpenter said the Assessor’s Office was not aware the new house was lived in until a certain point. Mr. Vickaryous had felt the value of the double wide was too high as well and Appraiser Les Vetter went out to the site. Mr. Vetter had said if Mr. Vickaryous is living in the new home now he needs to turn in a homeowner’s exemption application, which was then done in June 2009. The date of occupation of the new home was in December 2008. Idaho Code states if a homeowner doesn’t apply for a homeowner’s exemption before April 15th, the benefit won’t be received for that year. The homeowner’s exemption was on the double-wide for that year, and not the new home. Mr. Carpenter said he did talk to Mr. Weland about the Planning and Zoning forms that are given to builders and had this information added to the form in order to notify builders of various deadlines.
Commissioner Dinning said Idaho Code only allows the county to adjust these situations if an error was made. Chairman Smith said Commissioners could make an adjustment at anytime with the cancellation forms. It was said that in the past, a builder would build a home and not come in to apply for a homeowner’s exemption for this new home. The builder had applied for an exemption in the past on another home and it may be they assumed the benefit would pass onto the next home. Commissioner Kirby asked if the Assessor passed on some information to Mr. Vickaryous. Mr. Vickaryous said he did contact the Assessor’s Office last year by telephone and informed them he was going to be finishing the home soon. Mr. Vickaryous said he was told the new assessment would be sent out. Mr. Carpenter said Mr. Vickaryous should’ve been referred to him in that case and he could have removed the homeowner’s exemption from the mobile. Commissioner Dinning asked if Mr. Vickaryous is building a house now, but doesn’t occupy the home until after April 15th, could he file for the homeowner’s exemption for this year. Mr. Carpenter said Mr. Vickaryous can fill out the form until occupancy notices go out. It was reiterated the home in question was occupied in December 2008. Chairman Smith said this is talking about the taxes for 2009. Mr. Carpenter said he is concerned about the new home. It is the end of January and there is a cost difference of $350.00. Chairman Smith said he wouldn’t get the benefit so the tax bill received in December 2009 reflected more taxes. Mr. Vickaryous said yes. Mr. Vickaryous said his taxes are included in his mortgage so that is already taken care of. Chairman Smith said so if there was a change it would take place for June. Chairman Smith reviewed the situation. New construction taxes wouldn’t begin until January, according to Mr. Carpenter. Mr. Vickaryous said he thought he did everything correctly until he received his tax bill and noticed the benefit was placed on the wrong home. Mr. Carpenter informed Commissioners that new construction is on a different tax deadline and Mr. Vickaryous would’ve received two tax bills, one for the land due December 20th and another bill for the house, which would have been due in January. Chairman Smith said this is a messed up situation, and there hasn’t been anything on Mr. Vickarous’s part to sidestep the process, but he was just not aware of how it is done. Chairman Smith said he personally doesn’t have a problem with allowing the homeowner’s exemption benefit for the new home. Mr. Vickaryous said he didn’t become aware of the dates until the time had gone by and it was then June. Commissioner Dinning said it sounds like communication was dropped between Mr. Vickaryous and the Assessor’s Office. Mr. Vickarous said he thought everything was taken care of. Commissioner Dinning said in 2008, Mr. Vickaryous received his tax bill and contacted the Assessor’s Office to notify them he was moving so he thought everything was taken care of. Mr. Carpenter said he doesn’t have an explanation for that, but from now on he will leave instruction that anyone with new construction should contact him. Mr. Carpenter said he could type a tax cancellation if Commissioners would like. Mr. Vickaryous will receive a full homeowner’s exemption benefit.
The meeting ended at 9:20 a.m.
Clerk Glenda Poston joined the meeting at Commissioners’ request at 9:20 a.m.
Chairman Smith briefly asked Clerk Poston about matters pertaining to the resignation of a Fair Board member and certificates of appreciation.
Clerk Poston left at 9:22 a.m.
9:22 a.m., Courthouse Security Ron Sukenik joined the meeting at Commissioners’ request to discuss possible high speed video connection from Boundary County to another location for court related purposes. This video connection would run on a T1 line and the hospital does have that, according to Mr. Sukenik. Mr. Sukenik said Boundary County Economic Development Specialist Mike Sloan has probably checked into this more than others he would know. Chairman Smith said he would get in touch with Karen Skow with the Idaho Department of Juvenile Corrections. Chairman Smith said his next Juvenile Justice Council meeting won’t be probably until March or so.
Mr. Sukenik left the meeting at 9:26 a.m.
Commissioners read aloud the proposed resolution for Riverside Street. Mr. Gutshall said he is hoping to obtain more participating agencies for this project.
Commissioner Dinning moved to adopt Resolution 2010-11. A resolution supporting the project identification submittal for the Riverside Street Project. Commissioner Kirby second. Motion passed unanimously. Resolution 2010-11 reads as follows:
BOUNDARY COUNTY
RESOLUTION #2010-11
SUPPORTING THE PROJECT
IDENTIFICATION SUBMITTAL FOR THE
RIVERSIDE STREET PROJECT
WHEREAS, the Board of County Commissioners of Boundary County, Idaho,
does support the project identification submittal for the Riverside Street
Project to the Local Highway Technical Assistance Council (LHTAC), and
WHEREAS, the total project cost estimate is $2,107,000.00, which will require $154,654.00 of local matching funds to be made available from Boundary County,
NOW THEREFORE BE IT RESOLVED, that the Chairman of the Board of Boundary County Commissioners is hereby authorized and directed to sign the project identification packet and submit it to LHTAC for prioritization.
Adopted this 11th day of January, 2010.
BOUNDARY COUNTY
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 #245261
Chairman Smith discussed the request for proposals for an enhanced 9-1-1 system to be installed at the Sheriff’s Office. Chairman Smith said a continuance was requested in the opening and decision of the request for proposals and at the same time it was learned the request hadn’t been published in the newspaper. This way the request for proposals will be published as per Idaho Code.
Commissioner Dinning moved to go out for Request for Proposals for an Enhanced 911 telephone system and authorize the Deputy Clerk to have the notice of request for proposals published in the legal section of the Bonners Ferry Herald. Commissioner Kirby second. Motion passed unanimously.
9:36 a.m., Commissioners held a meeting to open the request for proposals and make a decision on farming 30 acres of county property west of the landfill. Present were: Chairman Smith, Commissioner Dinning, Commissioner Kirby, KPND News Radio Reporter Mike Brown, Donna Capurso, and Deputy Clerk Michelle Rohrwasser. The meeting was recorded.
Two proposals were received. Chairman Smith informed those present that one proposal was accidentally opened by Deputy Clerk Michelle Rohrwasser as the envelope was not labeled to identify it as being a proposal for the farm land. Deputy Clerk Michelle Rohrwasser taped the envelope closed and no one including Commissioners have seen or viewed the contents of the envelope prior to the scheduled time.
The first sealed proposal opened was from Fred Hendrickson. The total offer to farm the land is $1,140.00 per year including the use of the structure on the property.
Chairman Smith said the request for proposal notification that was published in the newspaper stated the lessee shall farm the property in good farmer-like manner. The proposal should include a public liability insurance policy in the minimum amount of one million dollars with Boundary County named as additionally insured. Chairman Smith said for the record the proposal from Mr. Hendrickson does not include an insurance certificate.
The second sealed proposal was from Tom, Tracie, and Ty Iverson of T & T Farms. This proposal states, a payment of $1,000.00 per year for the cropland (approximately $33.00 per acre), as well as an additional $1,000.00 per year for use of the barn on the property. The total annual payment of $2,000.00 will be paid in full on or before the 10th day of January each year. Chairman Smith said an insurance certificate has been provided. Chairman Smith read aloud the remainder of the proposal. Chairman Smith reiterated the bid amount of $1,140.00 from Fred Hendrickson and $2,000.00 from T & T Iverson.
Commissioner Dinning moved to accept the proposal from T & T Farms, Inc., regarding the lease of 30 acres of farm ground near the landfill at cost of $2,000.00 per year. Commissioner Kirby second. Motion passed unanimously.
Commissioners said they would contact Attorneys Phil Robinson and Louis Marshall to prepare the lease.
The proposal opening ended at 9:45 a.m.
Mr. Brown left the meeting.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $67,300.30
Road & Bridge
60,851.30
Airport 5,177.19
District Court 19,369.44
County
Fair 37,365.00
Justice Fund 62,707.59
911
Funds 228.59
Health District 12,571.75
Operation,
Hospital 69,500.00
Indigent & Charity
56,429.65
Parks and
Recreation 384.63
Revaluation 179.58
Solid Waste
12,195.14
Tort 63,142.00
Veterans
Memorial 180.69
Weeds 73.20
Restorium 11,643.21
Waterways 173.02
Juvenile
Probation Grant 56.70
Hospital Supplemental Levy 152,000.00
Fire
Mitigation Grant 27,347.50
TOTAL $658,876.48
Trusts
Sales Tax Collected 339.57
Drivers
License Trust 4,369.25
Magistrate Trust 33,006.77
Indigent
Reimbursement 7,675.30
Motor Vehicle Trust 76,113.39
Sheriff's
Trust Fund 249.57
Restorium Memorial Trust Fund 723.66
TOTAL $122,477.51
GRAND TOTAL
$781,353.99
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2010)
10:00 a.m., Treasurer Jenny Fessler joined the meeting.
Commissioners considered a hardship exemption application for property owner Cynthia Williams for parcel #MH65N01W350752A. Present were Chairman Smith, Commissioner Dinning, Commissioner Kirby, Treasurer Jenny Fessler, Deputy Clerk Michelle Rohrwasser, and Donna Capurso. Property owner, Cynthia Williams participated via telephone. The meeting was recorded.
Chairman Smith administered the oath to Ms. Williams. The parcel is a mobile home and if the first half of taxes is missed, the entire amount is due. Commissioner Dinning asked for the amount of the first half of tax. The total amount is $156.14 and $75.00 is the amount of the first half. The second half is $81.14. Treasurer Fessler said the last cancellation was to cancel the solid waste and translator fees as the mobile home had been moved. For tax year 2005, tax and specials were cancelled on October, 23, 2004, and for tax year 2003, taxes and specials were cancelled on January 7, 2004. Treasurer Fessler said taxes were paid in 2007 and now the county is focusing on 2009 year taxes as year 2008 taxes have been paid. Chairman Smith said as of January 5, 2010, $157.77 is due in taxes. Ms. Williams asked if she could get those taxes covered as she has no money. Ms. Williams said she receives food stamps, and she informed those present of her medical issues. Commissioner Dinning asked Ms. Williams who the other names are on the tax statement and Ms. Williams said that is her mom and dad who are both deceased. Chairman Smith questioned if there is just no way to pay these taxes and no way Ms. Williams has income coming in to pay them at a later date. Chairman Smith asked Ms. Williams what the outlook is for her for the following year. Ms. Williams said she has applied for social security benefits and is currently waiting for that and she has applied for assistance for her hospital bills. Ms. Williams said her brother may be able to help her out, but he has already helped her out over the last three years. Commissioner Dinning asked about the rent listed on Ms. Williams’ application. Ms. Williams said she pays $150.00 in lot rent to her brother and he is letting her “owe” him. Ms. Williams said she is trying everything she can. Ms. Williams explained that she lost her home in a foreclosure in 2007.
KPND News Radio Reporter Mike Brown joined the meeting at 10:12 a.m.
Chairman Smith said he doesn’t know how the county can help other than to cancel the taxes and hope Ms. Williams can get back on her feet.
Commissioner Kirby moved to cancel taxes totaling $156.14 plus late lees on parcel #MH65N01W350752A for year 2009 due to hardship. Commissioner Dinning said this also includes all specials. Commissioner Dinning second. Motion passed unanimously.
The meeting to consider the hardship exemption application ended at 10:15 a.m.
Ms. Capurso left the meeting at 10:18 a.m.
Clerk Glenda Poston joined the meeting at 10:25 a.m.
Mr. Brown left the meeting at 10:37 a.m.
10:37 a.m., Commissioner Dinning moved to go into executive session under Idaho Code #67-2345-C, to conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency. Commissioner Kirby second. Commissioners voted as follows: Chairman Ron Smith “aye”, Commissioner Dan Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 11:15 a.m., Commissioner Dinning moved to go out of executive session. Commissioner Kirby second. Commissioners voted as follows: Chairman Smith “aye”, Commissioner Dinning “aye”, and Commissioner Kirby “aye”. Motion passed unanimously.
11:00 a.m., Boundary County Emergency Services Incident Commander Bob Graham joined the meeting. KPND Mike Brown joined the meeting.
Mr. Graham said he met with the Army Corps of Engineers last week and they brought up a slough problem and erosion along the Kootenai River. Chairman Smith said this was mentioned during a time with the Mayor, Mike Shea, and Charlie Comer with the Libby Dam Operations. Mr. Graham said he took Mr. Shea and Mr. Comer out to look at the area that had been worked on and they couldn’t get to the plug that was installed due to locked gates. Mr. Graham said on their way out to the area, Glen Fodge said they needed to look at the site as the plug has disappeared. Mr. Graham said three years ago, when it flooded, the county, Idaho Department of Transportation, Road and Bridge Department, through the Corps of Engineer’s help and financial assistance, hauled large shot rock to the site and plugged it, but over the last two to three years, that plug disappeared.
Mr. Graham presented pictures to Commissioners of the area being discussed. Commissioner Dinning asked if the river has eaten land back that far. Mr. Graham said yes. Commissioners reviewed a survey aerial map showing the edge of the river bank and Mr. Graham said since this picture more property has been lost. Mr. Graham said there hasn’t been much water since the area was plugged and now two-thirds of the plug is gone, and if this isn’t fixed water could go around the plug on the south and north end and cut across properties. The slough would flood again and that cuts off the access road to the properties, and floods Merrifield’s tree nursery near the train tracks.
Mr. Graham said he has been looking into who owned the slough. It was said this slough was originally designated as part of the Kootenai River, which means the Idaho Department of Lands (IDL) owns the property and that is where the break is. Mr. Graham said he went to IDL about this. The county records don’t show who owns what area because of the slough. IDL gave disclaimers that the State of Idaho has used a certain amount of the slough. In 2002, the State disclaimed it and is now out of the picture so the slough property now belongs to the other landowners.
Mr. Graham said he contacted the Army Corps of Engineers as to whether or not there is a carrier over action obligation on the Corps’ part to help rebuild the plug as they did it the first time, but the Corps didn’t think there was a margin for carry over. Mr. Graham said there may be a program to be considered called Advance Measures Assistance through the Corps of Engineers and the Governor that is somewhat for imminent threats. If Commissioners feel, because of the failure of the plug, that those properties are threatened by high water, Commissioners can appeal to the Governor for his support. The Governor then submits the request to the Army Corps of Engineers stating this county falls under that program and if the county qualifies, the cost of the program may be covered. Mr. Graham said this would need to happen this spring before the high waters if the county is to be successful. Mr. Graham recalled the effort put in by the county in sandbagging the access roads. It was properties belonging to Fodge, Schnuerle, Merrifield, and two other properties that had damage. The water came up to the railroad west of Fodge’s mill access road and that became inaccessible. The Corps of Engineers’ Eric Winters and Cathie Desjardin had informed the Mayor of Bonners Ferry if the City of Bonners Ferry declares this is essential to the economy of the city, they could receive help.
11:30 a.m., Treasurer Jenny Fessler joined the meeting.
Commissioner Dinning asked Mr. Graham where the county stands if the Kootenai River level gets to 1,764, but does not exceed that. Mr. Graham said 1,764 would put everything back under water. Commissioner Dinning said there has been a flowage easement for this property so the Corps has already paid for everyone’s property. Mr. Graham said he can’t find what that easement is all about anywhere. Erik Winters had told Mr. Graham that he was sure the Corps had secured easements from some of those property owners some time ago, but those easements are not recorded. Commissioner Dinning said he recalls having seen that. Commissioner Dinning said if the easement is recorded and those individuals bought that ground knowing the Corps has the ability to wash it away, why is it the county’s responsibility to do anything. Mr. Graham said he is guessing the State disclaimed the slough in 2002 and that had to be after any easement. Commissioner Dinning said correct. Mr. Graham said that had to be before and certainly would have been on the slough or the river banks. The slough was given back in 2002 to the landowners. Mr. Graham said the only two properties are the Christ and Kizer properties. Mr. Graham said in this morning’s meeting with Scott Bacon of IDL, in 2002, the State used the disclaimer route and that had to be in the agreement with the property owners and the State. Commissioner Dinning said the disclaimer wouldn’t have been done with the State, but with the private landowners. Chairman Smith said if the county fell under the program with Corps of Engineers it would help property owners. Bureau of Homeland Security, Local Area Field Officer Jay Baker thinks this Advance Measures assistance includes a match from the county. The county’s portion would be 10% and the State’s portion is 90%. Mr. Graham said to keep in mind the last time this happened most of the work was done by the County’s Road and Bridge Department. Chairman Smith asked if that 10% match could be in-kind. Mr. Graham said he thinks so and that would be covered by Road and Bridge. Commissioner Dinning said he doesn’t have a problem if this is an area that isn’t in the easement agreement.
The meeting ended at 11:45 a.m., and Mr. Graham and Clerk Poston left.
11:45 a.m., Commissioners considered a hardship exemption application for Mickey Lee Marble for parcel #RP60N01E067525A. Present were: property owners Sally Marble and Mickey Marble, Chairman Smith, Commissioner Dinning, Commissioner Kirby, Treasurer Jenny Fessler, and Deputy Clerk Michelle Rohrwasser. The meeting was recorded. Chairman Smith administered the oath to Mr. Marble and Ms. Marble.
Treasurer Fessler said the taxes in question are for year 2006. The amount
owed for 2006 is $287.36 in county tax, $510.60 owed to Cabinet Mountain Water,
and $32.08 owed to Idaho Department of Lands. As the county cannot cancel
Cabinet Mountain Water and Idaho Department of Lands fees, the amount due to the
county right now including late fees and interest is $662.10. Ms. Marbled nodded
in agreement that the fee for water is $510.00 for one year. Ms. Marble said she
could make payment in approximately one year’s time at least. Commissioner
Dinning said if the Marble’s paid this year’s taxes in that time, next year when
tax notices go out again they will be in the same situation. Chairman Smith
asked why the amount for next year is approximately $1,200.00. Treasurer Fessler
said the Marble’s have already paid some of the tax. $938.36 is the original
amount owed and that does include Cabinet Mountain Water. Commissioner Dinning
said there are two boys living in the household. Ms. Marble said one son works,
but he is laid off from Trusstek. The other son has a criminal record and has a
tough time finding work. Mr. Marble said he is on disability through the
Veterans Administration, but he has not applied for disability through the
State. Ms. Marble works at Walmart and she provided Commissioners with her most
recent pay stub.
Commissioner Dinning reviewed the household income
and expenses with the Marbles. Ms. Marble said a garnishment of $500.00 is taken
out of her paycheck for medical. Mr. Marble receives $601.00 in disability
payments per month. Expenses include a mortgage payment of $569.00, electricity
of $100.00 per month, and an agreement has been set up to pay Cabinet Mountain
Water $75.00 per month to get caught up. Commissioner Dinning asked about any
other payments the Marbles may owe. Auto insurance cost is $65.00 per month and
the Marbles have no car payment. Commissioner Dinning said using what
information was given there is approximately $40,000.00 in gross income between
Mr. Marble and Ms. Marble. Commissioner Dinning estimated income for Mr. Marble
at $16,000.00 annually and $24,000 annually for Ms. Marble. Ms. Marble agreed
that is $24,000.00 before taxes are taken out. Commissioner Dinning calculated
the annual net income to be $22,000.00 and $16,000.00 for a total net annual
income of approximately $38,000.00. Commissioner Dinning discussed the amount of
income remaining after the bills have been paid and he said it shows quite a bit
of money left over.
Treasurer Fessler asked about the other mobiles and the Marbles said one mobile home is strictly for storage, Mr. and Mr. Marble live in one mobile and a son lives in another mobile and there are five acres of property. Ms. Marble said the plans were to pay on this tax and other taxes to get them paid down. Chairman Smith asked the Marbles if there was a certain amount they could pay towards taxes. The amount for 2006 is $1,204.78 including cost, interest, and late fees. Ms. Marble said the tax bill for 2009 is for year 2008 and that is what they are paying. Commissioner Dinning said if Commissioners are dealing with what is owed to Boundary County that would be $662.10 plus the fees to Idaho Department of Lands and Commissioners have the ability to give that back to Idaho Department of lands to collect. Commissioner Dinning said even if Commissioners canceled the Cabinet Mountain Water fees, the water association has the ability to approach the homeowners separately. Chairman Smith said if the county allowed time to pay, the water bill would have to be included in the payments. Commissioner Dinning said the taxes owed Boundary County is $287.36 and what he is thinking about is canceling late fees, interest and cost, the amount owed would be $287.36 and the fees to Idaho Department of Lands and Cabinet Mountain Water. Chairman Smith suggested canceling everything for 2006, with the exception of Idaho Department of Lands and Cabinet Mountain Water to give Mr. and Ms. Marble an opportunity to start towards next year’s taxes. Treasurer Fessler discussed paying towards the 2007 tax. As of today the tax for year 2007 is $1,500.00. The Marbles were asked how much of a payment they could make. Ms. Marble said she was thinking anywhere from $150.00 to $200.00 per month. Ms. Marble said she doesn’t want to keep going through this every year. Chairman Smith said the fees from Cabinet Mountain Water Association will still be owed.
12:15 p.m., Commissioners spoke to Attorney Phil Robinson via telephone to ask questions pertaining to cancellation. Commissioner Dinning asked Attorney Robinson if Boundary County is owed $600.00, not including a water bill of $500.00 for a total of $1,100, and in the county’s portion is interest, fees, etc., can the county legally cancel fees, interest, and costs and send the water bill back to the water association so the county can set up payment schedule to pay the tax amount owed to the county. Attorney Robinson said the county can cancel fees and interest and leave the remaining principal balance. Commissioner Dinning said the water bill has been put against the property and if the county doesn’t cancel all of the tax, is there the ability to send the water bill back to Cabinet Mountain Water Association. Attorney Robinson said he doesn’t see anything that says you can’t do that and list a notation that a hardship has been granted. Attorney Robinson said he doesn’t see anything illegal about that. The phone call with Attorney Robinson ended at 12:18 p.m.
It was said $200.00 per month in payments would pay the taxes. Treasurer Fessler said $150.00 per month would equate to $1,800.00 per year towards taxes. If the 2006 taxes were cancelled, the Marbles could work towards paying 2007 year taxes at $150 per month.
Commissioner Kirby moved to cancel 2006 taxes totaling $287.36, late fees totaling $16.61, interest totaling $308.13, and cost totaling $50.00 for a total of $662.10, the amount of $32.08 will be owed to Idaho Department of Lands and $510.60 will be returned to Cabinet Mountain Water Association for collection. The property owners will make payments of $200.00 per month towards the 2007 year taxes. Commissioner Dinning second. Motion passed unanimously.
The meeting to consider the hardship exemption ended at 12:25 p.m.
There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, January 12, 2010, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Planning and Zoning Administrator Mike Weland, GIS Mapper Gary Falcon, and Road and Bridge Superintendent Jeff Gutshall joined the meeting to discuss issues pertaining to splitting property in relation to addressing.
9:00 a.m., Donna Capurso joined the meeting.
Mr. Falcon explained the reason for the meeting, which is to explain how addressing is affected when people split their property. Mr. Falcon said he will also show Commissioners what he has been working on. Mr. Falcon projected the “ARC Reader” computer program he uses on the wall for Commissioners to view. This program is able to publish address maps that Mr. Falcon is able to give to people and to provide access to Planning and Zoning, the Assessor’s Office, and the Clerk’s Office. Mr. Falcon said he publishes data for the Road and Bridge Department as after speaking with Computer Arts, there is a lot of cost to provide Road and Bridge with access. Mr. Falcon showed a color coded map of roads. Mr. Falcon said he has 247 private roads in his records now. Mr. Falcon informed Commissioners if there are three or more structures on a road, it is considered a private road and if there are two structures, the access is considered a driveway. Road signs were discussed and Mr. Falcon said private road property owners are asked to purchase the road sign through the county and the county will install it, but this is not enforced. Mr. Falcon said with or without an address sign, a residence can still be found by emergency service personnel. The Ambulance Association and County Coroner also have this information. Mr. Falcon said he is still working with the Sheriff’s Office on this. There is a separate site the public can access. There is a log that gives information about a particular road and it also provides an address that road takes off from. Mr. Falcon said he has a document that tells where a private road takes off from a county road.
Mr. Falcon explained the pins on the screen represented a parcel, not a structure and almost 2,000 parcels have been added to the system since year 2005. Commissioner Dinning said there are parcels shown that don’t have pins and Mr. Falcon said the pins are the new parcels from 2005 to current. Commissioner Dinning said he would be interested in a map showing structures as well. Mr. Falcon said as he is working on addressing he is running into difficulties and he explained that it is due to the breakup of land and he listed a Turner Hill property as an example. This property was broken into many pieces and Mr. Falcon said he has no idea how to access these parcels. Mr. Falcon said this was fine until the property owner started selling these lots and Mr. Falcon didn’t know what the main roads were. Mr. Falcon said he would be asked for an address and the person’s parcel was out in the middle of all these parcels so how would someone get to these parcels. Mr. Falcon said this issue is not only for 911 services, but for the property owner’s mail delivery. Commissioner Dinning asked if the homeowners have documents that list access and how would they get a title. It was asked if Mr. Falcon has to meet with the landowner so he can be shown the access road. Mr. Falcon said in the case of the Turner Hill example, there are roads there that are used for logging. Mr. Falcon had located a road that he would assume accessed some of these parcels and this road needed a name. Mr. Falcon said if he would deal with one person in the beginning of this process it would be helpful. Mr. Falcon said he doesn’t always know how each parcel ties into the road and it makes it difficult to figure out which road serves which parcel, especially further back in a development. Mr. Falcon needs to know how each parcel will receive access from the county road. Mr. Falcon said this ties in with Road and Bridge and the Road Standards that talk about access and road approaches, site distances, etc.
Mr. Gutshall said currently, the road being talked about is out of compliance and he is in the notification process. Mr. Weland said every parcel in this example with the exception of three is considered to be a non-buildable lot. Mr. Weland said this can create a legal mess. From the Road and Bridge standpoint of looking at access, this is a single residence access, not multiple. Commissioner Dinning said in this case, that road has been there for 25 years, so there is a grandfather issue. Mr. Falcon said if there are 30 parcels consider there being 60 cars coming and going and it changes the logging road. Mr. Falcon said the logging road is now considered a private road and a name has to be assigned. If a property owner on the far end of the subdivided parcel wants an address how can they get one if there is no access road? Mr. Falcon said he would have to figure out if there is a logging road and GPS it. Mr. Gutshall and Mr. Weland said that could change everything if a lot is sold.
It was said that access to local roads is to have 200 feet between accesses and if that distance is not allowed between each access something will have to happen as that is what the Road Standards require. Mr. Gutshall said we don’t want to name roads twice, and map roads twice. It was said Mr. Weland is doing a good job sending people down who apply for a permit and telling them they need to talk to Road and Bridge about what they require.
Mr. Falcon showed a subdivided parcel south of town. Mr. Falcon said a couple requested an address so he met with them and learned there were four other residents in that area who were building and wanted addresses. Mr. Falcon said he has had to make some assumptions as to their access and he has asked property owners to tell him what they think their main access is as they don’t like having to change their address once it has been established. Commissioner Dinning said the county can only do the best it can and he does understand the problems.
Mr. Falcon presented a screen showing the Meadows at Fall Creek Subdivision by Gary Williams. Mr. Falcon said Mr. Williams did go through the subdivision process and showed him where the road will be. Mr. Williams created the access to each parcel and paved them in at a certain distance. Mr. Falcon said he has addressed those pieces of property based on those accesses and it is much quicker to give an address.
Mr. Gutshall questioned what Bonner County is requesting. Mr. Capurso said if there are four or more parcels it is a full plat, and if you go through a title company, which buyers should, they look for ingress and egress access. Idaho Code says you can’t land lock parcels. Commissioner Dinning asked Mr. Falcon about title companies. Mr. Falcon said most people don’t know what they have such as easements, etc. Ms. Capurso said there should be a legal description in their deed and they could do a title search. Ms. Capurso said she has stopped deals as the property had no legal access.
Commissioner Dinning said the county will just have to do the best it can
using these cases. Commissioner Dinning asked what is in the current proposed
ordinance. Mr. Weland said the current ordinance allows the simple subdivision.
In the proposed ordinance, Mr. Weland said a simple subdivision is five or fewer
parcels and all have to meet the zone size and have approved driveway access
from an existing public road. If someone wanted to subdivide and have access off
a driveway, the property owner will have to be a go through the platted
subdivision process and mark out the legal easement where there will be access,
but the road doesn’t have to be developed. Commissioner Dinning said this is an
example of entrepreneurial spirit to do something the least costly way and you
have to somewhat say that the property owner wasn’t ignorant and was able to
take advantage of what the county had in place. It was said when given the
opportunity in the next ordinance, the county needs to take care of these things
to save the county problems later on.
Chairman Smith questioned where this
thinking was back during when the current ordinance was being developed. Mr.
Weland said the feeling back then was for no regulations. The new ordinance will
propose a subdivision and having access defined. Mr. Gutshall said it is doing
the responsible thing. It was said Gary Williams went above and beyond the
requirements of the county and there are other subdivisions that are at the
other end of the spectrum.
Mr. Falcon said if he could look at these situations beforehand it would be ideal. When a person applies for the permit they could be given the information on whom they need to talk to at that time. Commissioner Dinning said a property owner can apply, but not be approved for a permit until the check list requirements have been met. Mr. Weland said right now the applicant has the permit and they are given a list of people they need to contact.
It was said if a property owner wants to go the least expensive route, they could do a primitive subdivision and not have to build the roads, but they would have to have the roads mapped or planned out. The property used in the first example consists of non-buildable lots so that would have to be resolved before someone can build on it. Commissioner Dinning said existing splits that are buildable can’t be touched. It was said when the same builder split a parcel further south, there was no way of saying the lots do or don’t conform. Mr. Weland said he could offer a site development permit so before road building begins Environmental Protection Agency (EPA) requirements would have to be met if an acre of dirt was moved and a storm water runoff plan would be required. Now this builder would have to obtain the permit and Mr. Weland would inform him of EPA requirements. Commissioner Dinning said one of these developments presented consists of conforming lots so the new ordinance wouldn’t affect them, but the subdivision shown to the north consists of lots that are non-buildable and if they are still not buildable they will fall under the new ordinance. Those present discussed the property owner providing a legal access to Mr. Falcon.
Ms. Capurso said the property owner has to show the legal easement and Northern Lights Inc., has to get permission from other landowners in order to get through. The property owner has to obtain a permit from Northern Lights for a site evaluation. Ms. Capurso said she would be concerned if the property owner didn’t go through a title company as they would be stuck, but if the property owner did go through a title company, they could be advised that they are on a non-buildable lot and be advised of the issues.
Mr. Falcon said it would be nice to have a central location for information.
Mr. Weland said he would like Planning and Zoning to be a one-stop shop so these
issues can be addressed. Commissioner Kirby said there should be a waiting list
so Mr. Weland can give the property owner a list of requirements that need to be
met. It was asked why this couldn’t be written into the ordinance. Commissioner
Dinning said this doesn’t have to wait for the ordinance as it can begin after
proper notification is given. Chairman Smith said Commissioner can run this by
Attorney Robinson. Commissioner Dinning said from what has been discussed this
should help Mr. Falcon from here on out. Mr. Falcon said these examples have
just popped up on him in the last two months.
The meeting ended at 10:20
a.m.
10:30 a.m., Courthouse Maintenance Supervisor Jerry Kothe joined the meeting to give the departmental report.
Chairman Smith signed documents relating to the Riverside Street Project for Mr. Gutshall.
Mr. Gutshall left the meeting at 10:36 a.m.
Mr. Kothe informed Commissioners of the issues with the boiler switch. Mr. Kothe said N.B.I. was up to fix the boiler and said it was fine, but it was acting up again this morning. Mr. Kothe said he is going to keep an eye on it. Mr. Kothe said other than that he has been salting the sidewalks.
Mr. Kothe left the meeting at 10:44 a.m.
Ms. Capurso left the meeting.
Commissioners tended to administrative duties.
Commissioner Kirby moved to approve the minutes of January 4 & 5, 2010. Commissioner Dinning second. Motion passed unanimously.
11:05 a.m., Commissioner Dinning moved to cancel the following: fees and penalties totaling $135.21 for year 2009 for parcel #MH62N03E226460A as the mobile home is used for storage only; taxes and fees totaling $47.55 for year 2009 for parcel #PP64N02E10721AA as the business sold in 2008, taxes and penalties totaling $44.11 for year 2009 for parcel #PP000020052801A as the equipment was sold in November 2008, but was not removed for 2009; taxes totaling $1,199.22 for year 2008 for parcel #RP62N02E234810A due to the deferred tax should not have been billed and this amount amends the prior cancelled amount of $1,223.20; and fees totaling $61.92 for year 2009 for parcel #SM63N01E166617A as the solid waste fee for this camp trailer should be based on seasonal use only. Commissioner Kirby second. Motion passed unanimously.
11:06 a.m., KPND News Radio Reporter Mike Brown joined the meeting.
Commissioners discussed writing a letter to the Governor regarding health care. Commissioner Dinning suggested Commissioner Kirby find out more information before Commissioners write a letter. It was said the Governor felt the health care reform legislature proposed would be unconstitutional as it would mandate health care coverage, according to Mr. Brown. This letter to the Governor would thank him for his stand on health care. Commissioner Dinning said it isn’t his place to get into whether it is constitutional or not. Commissioner Dinning said if Commissioners want to go forward with this letter he would like to read a copy of the press release on the subject.
11:30 a.m., Planning and Zoning Administrator Mike Weland joined the meeting.
Chairman Smith said he checked with Attorney Phil Robinson about the process of appointing new Planning and Zoning Commission members as there is nothing in the county’s ordinance. Chairman Smith said Attorney Robinson responded that it takes the following: a simple majority vote, the applicant must have resided in the county for two years, no more than one-third of the Planning and Zoning Commission can reside in an incorporated city with a population greater than 1,500, at least half of the Planning and Zoning Commission must reside outside the city’s area of impact, and no one can serve more than two consecutive terms unless a two-thirds vote by County Commissioners. Commissioner Dinning said he thought the county’s ordinance is stronger than that in that it doesn’t allow more than two consecutive terms. The applicants need to be interviewed on their merits. Commissioners and Mr. Weland confirmed the current Planning and Zoning Board members met the criteria. Commissioners reviewed the length of time each applicant has lived in Boundary County and where. Commissioner Dinning questioned if the applicants were instructed to show up to the Planning and Zoning meeting to be interviewed.
Commissioners discussed which applicants out of the eight submitted to schedule for an interview and chose four.
Commissioner Kirby moved to request five applicants for the Planning and Zoning Commission be scheduled for an interview.
Commissioner Dinning said he thinks, in the interest of time and looking over applications, Commissioners should interview four applicants at this point and schedule more interviews at a later date if need be.
Commissioner Kirby amended his motion to interview four applicants. Commissioner Dinning second. Motion passed unanimously.
Mr. Weland and Mr. Brown left the meeting at 11:51 a.m.
There being no further business, the meeting adjourned at 11:51 p.m.
_____________________________________
RONALD
R. SMITH, Chairman
ATTEST:
_____________________________________
GLENDA POSTON, Clerk
By:
Michelle Rohrwasser, Deputy