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County Commissioner minutes, December 19-20
December 30, 2011
Monday, December 19, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby and Deputy Clerk Nancy Ryals.

Jerry DiMuro joined the meeting. Mike Brown, Blue Sky Broadcasting Reporter, also joined the meeting.

9:00 a.m., Road & Bridge Superintendent Jeff Gutshall gave the weekly departmental report. Mr. Gutshall submitted a written report.

Work was done on District 5 Road where Road & Bridge crews excavated and armored catch basins and installed several small interception drains. Major excavation will have to be done next spring. The Road & Bridge Department finished surfacing on Cow Creek Road. Some of the damaged road signs throughout the county have been repaired. Mr. Gutshall reported that he went to a Local Highway Technical Assistance Council (LHTAC) online conference in Coeur d’Alene regarding Federal Highway Administration policies and federal aid projects. Mr. Gutshall stated the new policy speeds up projects and could save money. According to Mr. Gutshall, the new process would be helpful the more complicated the project and the more likely there would be changes in the project. Chairman Smith inquired if the Idaho Transportation Department (ITD) would still pull their overhead cost out of the project up front since there would be a reduction in time under the new policy. Chairman Smith commented he doesn’t know how ITD would continue to charge the same amount under the new policy as they currently charge. Mr. Gutshall agreed.

Mr. Brown left the meeting at 9:12 a.m.

Mr. Gutshall stated under the new policy, the county can select the firm for engineering and construction and it is not a bidding process. The state will be a very minor partner. The engineer would report directly to the county. If there is a change order, the engineer/contactor will have to sell the idea to ITD. The county will pay 7.34% federal aid participation. With the new process, there is the ability to change the project if something new arises without having to go back to readdress things like the environmental assessment.

According to Mr. Gutshall, ITD has a new program called Every Day Counts designed to expedite the programs and not waste so much money.

Commissioner Dinning asked about a bill from Cabinet Mountain Water District for damage. Mr. Gutshall stated there was damage caused by Road & Bridge. Mr. Gutshall stated it was at the end of Aspen Street and it is a legitimate claim.

Mr. Gutshall informed Commissioners the county would have to have a project ready to go for next fall if the county wants to take advantage of the ITD end of year funding. Mr. Gutshall stated the county would have to open the budget since there is only $10,000 in the professional services line item and $30,000 total is needed. Chairman Smith stated the funds would be taken out of another line item in the Road & Bridge Budget if need be. Mr. Gutshall inquired if pre-engineering a project is something the county wants to consider. Commissioners agreed it is good to have a project ready to go.

There is a rock pit past the “Y” to the right by the little bridge on Cow Creek. The pit is solid rock and sits on 13 acres. The rock pit has a county conditional use permit from 1982, according to Mr. Gutshall. At this point, the property owner would prefer to sell the pit. Chairman Smith stated the only way the county could purchase it is to have an appraisal done. Mr. Gutshall stated the county would never be able to put the whole crusher at that location. Mr. Gutshall informed Commissioners that he occasionally buys rock from other sources and this rock pit would be nice to have. Chairman Smith asked if there is any timber on that property. Mr. Gutshall responded yes. Chairman Smith stated that Mr. Gutshall needs to make the decision if the pit is something the county should have. Mr. Gutshall commented that the county does not know if there will be any Secure Rural School (SRS) funds so coming up with the funds to purchase the pit may be a problem. Commissioners suggested Mr. Gutshall check with the Planning & Zoning Administrator about the conditional use permit to make sure it is still in effect.

Mr. Gutshall informed Commissioners that both Prosecutor Jack Douglas and County Civil Attorney Phil Robinson suggested a new spring road closure policy may need to be looked in to. The current ordinance is not well defined according to county attorneys and the fine for not following the ordinance is minimal. Road damage is the issue, according to Mr. Gutshall.

Mr. Gutshall stated that he still needs to make contact to see about the county obtaining a couple of acres at the Paradise Valley/Shamrock/Blue Sky intersections. Commissioner Dinning stated he will make contact with the property owner, Mr. Maggi.

9:30 a.m., Solid Waste Superintendent Claine Skeen presented two proposed piggyback bids for the purchase of a wheel loader for the Solid Waste Department. Present were Chairman Smith, Commissioner Dinning, Commissioner Kirby, Deputy Clerk Nancy Ryals, Solid Waste Superintendent Claine Skeen, Solid Waste employee Monica Tompke, Road & Bridge Superintendent Jeff Gutshall, and Jerry DiMuro. The process was recorded. County Civil Attorney Phil Robinson had reviewed the two proposals and found them to be in proper form from qualified bidders and he indicated the proposal from Caterpillar was the lowest and most responsive proposal for the net cost to Boundary County.

Rowand Machinery submitted a bid of $358,000.00 with a trade-in of $100,000.00 for a net bid of $258,000.00 and a five year buy back of $210,000.00.

Western States submitted a bid of $424,380.00 with a trade-in of $109,500.00 for a net bid of $314,880.00 and a five year buy back of $272,000.00.

Mr. Skeen recommended the lease/purchase of the Caterpillar through Western States to be financed through Panhandle State Bank.

Clerk Glenda Poston joined the meeting at 9:35 a.m.

Commissioner Dinning asked for clarification on the two bids. Mr. Skeen explained the difference. The net difference is about $5,000.00 between the two. There is no basic difference between the two machines. The same specifications went to both companies. The warranties are the same and both machines are new. Panhandle State Bank is offering finance on both machines at 3.4%. Rowand is offering 3.55% and so is Caterpillar.

Mike Brown joined the meeting.

Mr. Gutshall informed those present that Road & Bridge has gotten Western States to go seven years, but it depends on the number of hours the machinery will be used as to whether that is a good deal. Mr. Skeen said Solid Waste will go the 5,000 hours. Road & Bridge’s usage did not go over the 5,000 hours so seven years was better for them. There is a $700 setup fee if the county finances through Panhandle State Bank. Mr. Skeen will look to see if it would be better to finance with Panhandle State Bank or Western States.

Commissioner Dinning moved to accept the bid from Western States CAT for a 2012 Caterpillar model 980K Wheel Loader. Bid amount is $424,380.00 with a trade-in allowance of $109,500.00, and a $272,000.00 buy back after five years. Commissioner Kirby second.

Chairman Smith called for discussion. Chairman Smith asked if this was a bid or a quote. Commissioner Dinning said it is a bid. Chairman Smith asked if the county is complying with the bidding laws. Mr. Gutshall said yes.

Motion passed unanimously.

Mr. Gutshall, Mr. Skeen, and Ms. Tompke left the meeting at 9:47 a.m.

Chairman Smith explained that the Commissioners approved the Emergency Operations Plan/Evacuation Plan, but minor changes have been made to the plan so Commissioners need to move to accept the revitalized plan.

Commissioner Kirby moved to accept and sign the revitalized Emergency Operations Plan/Evacuation Plan. Commissioner Dinning second. Motion passed unanimously.

Commissioner Kirby moved to approve the minutes of December 5 and 6, 2011. Commissioner Dinning second. Motion passed unanimously.

Chairman Smith reviewed the Cooperative Law Enforcement Agreement and Annual Operating Plan and Financial Plan with Commissioners.

Commissioner Dinning moved to sign the Cooperative Law Enforcement Agreement between the Sheriff’s Office and the USDA Forest Service Idaho Panhandle National Forests and the Cooperative Law Enforcement Annual Operating Plan and Financial Plan for 2012. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to cancel 2011 property taxes in the amount of $82.90 and fees in the amount of $131.48 and value of $8,720.00 on parcel #SMM0540001007BA as the 2011 taxes were pre-paid in Washington State before being moved to Boundary County. Commissioner Kirby second. Motion passed unanimously.

9:55 a.m. Charles “Charlie” Denton joined the meeting

Discussion was held regarding the video conferencing equipment. Chairman Smith stated Homeland Security ran a signal to the Extension Office in order to have an alternative emergency operations site. A line was then run from the Extension Office to the Courthouse. Computer Arts will run a line up to the courtroom this week and will also run a line to the Commissioners’ office. Commissioners can purchase a flat screen television and camera for the Commissioners’ office. It can be used for the legislative session for the webinars for Commissioners and other elected officials and employees. Commissioner Kirby reported that the Catastrophic Board meeting held last week was done by conferencing and he participated on his laptop at home. Commissioner Kirby commented that the process worked well. Clerk Poston has already researched the cost of a flat screen television and will research the cost of the camera. Commissioner Dinning commented that the video conferencing equipment would reduce the need to travel.

Charles Denton informed Commissioners that he lives in the Curley Creek area and can’t get translator reception there. Mr. Denton said at one time, he was exempt from translator fees, but for some reason he is again being charged. Chairman Smith stated that the Translator Board will have to submit a letter to Commissioners verifying that Mr. Denton can’t get reception. Chairman Smith gave Mr. Denton a copy of the affidavit he needs to complete, sign and get notarized and submit to the Translator Board for their approval. The Translator Board will then forward the form to the county.

Mr. Denton left the meeting at 10:05 a.m.

Commissioners discussed budget matters relating to the Parks & Recreation Fund. Commissioner Dinning stated that he wants to make sure the $6,000.00 for the well is in the budget. Commissioner Dinning stated those funds are lumped into the capital line item. Clerk Poston confirmed that is the case. Commissioner Dinning stated he was told there will be $20,000.00 in claims coming in and he just wanted to make sure everyone was on the same page that the $6,000 stays in the budget for the purpose of getting a well. According to Commissioner Dinning, the Parks & Recreation Board found they had paid for a hookup fee in the year 2000 so the county won’t have to pay for another hook up. Commissioner Dinning stated the county was thinking about drilling an irrigation well across the river for Riverside Park and in reality the county would save a lot of money by drilling a well at the fairgrounds instead. The base rate for irrigation water has a different value than the water for the RV dump, according to Clerk Poston. If the county gets water to Riverside Park for drinking and for the restrooms that should be all that is needed because the grass stays pretty green there, according to Commissioner Dinning. Last budget year, $3,300.00 was paid for irrigation water alone for the fairgrounds/parks, according to Clerk Poston. Commissioner Dinning commented that the county would have to have electricity for the well pump and would still need potable water for the fairgrounds and parks. Clerk Poston will contact the city and determine whether the rates for irrigation and potable water differ.

Clerk Poston left the meeting at 10:14 a.m.

Discussion was held regarding the GEM Plan (Government Employees Medical Plan). Commissioner Dinning inquired if there would be a benefit to the county if the county set up an account for employees, put $2,000 in it, and the money if unused would then go to the county or to the employee. There are a couple of counties using that buy down process, according to Chairman Smith, and some counties regret doing it. Chairman Smith stated he doesn’t know if that would affect the grandfather clause connected with the county medical insurance. Chairman Smith will look into what the other counties were opposed to in the buy down process and whether it would affect the grandfather clause.

Commissioner Dinning will speak with Pam Copeland, Parks & Recreation Board Chairperson, about the possibility of drilling a well at the fairgrounds instead of at Riverside Park. Chairman Smith agreed it was a good idea.

Mr. DiMuro left the meeting at 10:31 a.m.

10:31 a.m., Treasurer Jennifer Fessler met with Commissioners to discuss a request for extension of time to pay taxes. Melinda McGinn feels she will have the 2008 taxes paid off by March 2012, according to Treasurer Fessler.

Commissioner Dinning moved to extend the time to pay taxes on parcel #RP00460GL3003BA until March 1, 2012. Commissioner Kirby second. Motion passed unanimously.

Treasurer Fessler left the meeting at 10:36 a.m.

10:45 a.m., Commissioner Dinning moved to go into closed session under Idaho Code 31-874. Commissioner Kirby second. Motion passed unanimously. 10:48 a.m., Commissioner Dinning moved to go out of closed session. Commissioner Kirby second. Motion passed unanimously.

Commissioner Dinning moved to approve indigent applications #2011-30 and 2011-49 per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously.

11:00 a.m., Chairman Smith left the meeting to participate in a conference call for the GEM Plan (Government Employees Medical Plan). Commissioner Dinning and Commissioner Kirby attended to administrative duties.

11:30 a.m., Commissioner Dinning and Commissioner Kirby met with Hospital CFO/CEO Craig Johnson and Hospital Board Chairman Elden Koon for an update on hospital matters. Mr. Johnson reported that the Festival of Trees made about the same as last year. The Hospital has been fairly busy and financially they are still about break even for the year, according to Mr. Johnson. Mr. Johnson is concerned about expenses in November and December 2011. The new budget will go before the Hospital Board on December 30th and it has been approved by the Finance Committee. The Medi-Tech program is still going well and the computerized physician entry will be on line fully in May or June so physicians can write their own progress notes, etc., according to Mr. Johnson. Acceptance by physicians and staff has been good. Physician’s offices are also thinking about going to that process but it is a slower process to put the notes right online. Commissioner Dinning said voice recognition software would be helpful. Mr. Johnson said they are looking into that.

Mr. Koon asked that Commissioners reappoint members to the Hospital Board.

Commissioner Kirby moved to appoint Commissioner Dinning as Acting Chairman in the absence of Chairman Smith. Commissioner Dinning second. Motion passed unanimously.

Commissioner Kirby moved to reappoint Larry Nelson, Bob Martin and Theron Wages to the Hospital Board for terms to expire January 2015. Acting Chairman Dinning yielded the chair to second. Motion passed unanimously.

Mr. Koon and Mr. Johnson commented on an article in the Spokesman Review regarding critical access hospitals. Mr. Johnson stated what is being proposed will threaten the critical access hospitals. Boundary Community Hospital was the first to receive the critical access designation in Idaho, according to Mr. Johnson. Mr. Johnson thinks we may need to take a stand and contact the legislators. Commissioner Dinning suggested that all counties should be kept up to date. Commissioner Dinning recommended that the Idaho Hospital Association coordinate with the Idaho Association of Counties (IAC). Mr. Johnson informed Commissioners the proposal is to do away with critical access hospitals to save money. Mr. Johnson commented that the end result is there is savings because the hospitals go away. Mr. Johnson asked that Commissioners watch for the critical access issue in the legislature.

Commissioner Dinning asked if the Ambulance Association will be ready with information for the January 10, 2012 meeting. Mr. Johnson said they are working on it and putting together as much as they can.

The meeting with Mr. Johnson and Mr. Koon ended at 11:47 a.m.

Chairman Smith returned to the meeting at 11:47 a.m.

Phil Schnuerle dropped by at 11:47 a.m. just to visit. Mr. Schnuerle left the meeting at 11:54 a.m.

12:00 noon, there being no further business, the meeting was recessed until tomorrow at 9:00 a.m.

Tuesday, December 20, 2011, Commissioners met in regular session with Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby and Deputy Clerk Nancy Ryals.

Commissioner Kirby moved to approve the minutes of December 12 and 13, 2011. Commissioner Dinning second. Motion passed unanimously.

9:00 a.m., Commissioners held an elected officials/department heads meetings. Present were: Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Clerk Glenda Poston, Deputy Clerk Nancy Ryals, Maintenance man Jerry Kothe, Planning & Zoning Administrator Mike Weland, Prosecutor’s Office Manager Tammie Goggia, Chief Probation Officer Stacy Brown, Assessor David Ryals, Solid Waste Superintendent Claine Skeen, County Noxious Weeds Superintendent Duke Guthrie, Extension Office Educator Carol Hampton, Sheriff Greg Sprungl, and Road & Bridge Superintendent Jeff Gutshall.

Discussion was held regarding a proposed Boundary County Mission Statement for working safely. This Statement will benefit the county in their worker’s compensation premiums through the State Insurance Fund. Training will follow. Chairman Smith read the Mission Statement and asked that all elected officials and department heads sign the Statement.
Boundary County Mission Statement
Working Safely

The safety and health of employees at our county is of primary importance. It is the county’s goal to provide safe working conditions and operating procedures that will ensure a safe work environment for all the employees.

Accidents represent a needless waste of human resources and economic loss. A safe operation conserves human and material resources and is essential to efficient production.

All levels of management and supervision have a primary responsibility to determine safe work procedures and ensure safe working conditions. Supervisors and employees are expected to follow the work methods and procedures established by the county.

These responsibilities can be met only by working continuously to promote safe work practices among all employees and to maintain property and equipment in a safe operating condition. By working together, we can maintain a safe and efficient work place environment.

Commissioner Kirby moved to adopt the Boundary County Mission Statement with all elected officials and department heads to sign it. Commissioner Dinning second. Motion passed unanimously.

Road & Bridge Superintendent Jeff Gutshall commented that the Road & Bridge Department has done a lot for safety awareness the last few years.

Clerk Poston commented on the ICRMP (Idaho Counties Risk Management Program) training taking place at this time.

Chairman Smith informed those present that the county passed a Red Shirt Fridays Proclamation encouraging county employees to wear red on Fridays. Chairman Smith encouraged those present to wear red shirts on Fridays until all troops are back home.

Discussion was held regarding credit card usage. Chairman Smith cautioned those present to be careful using credit cards because the county has to pay sales tax on credit card purchases. Chairman Smith encouraged those present to use the county charge accounts where possible instead of the credit card. Only the person issued the credit card is to use it, according to Chairman Smith. Carol Hampton asked about on-line purchases where a credit card is needed to order. Ms. Hampton stated that she delegates the responsibilities for credit card on-line purchases at times to the secretary. Tammie Goggia said she uses the Prosecutor’s card to book airline travel for witnesses and also purchases office supplies. Sheriff Sprungl suggested issuing a separate card for that purpose. Commissioners said they need to discuss that issue further. Clerk Poston suggested that the elected official is there when the credit card is used by an employee for travel and such things; therefore, the employee is being supervised when using the card.

Chairman Smith informed those present that the county is in the process of installing video conferencing equipment in the large courtroom. This equipment will be used in processing juveniles located at the juvenile detention center in Coeur d’Alene. Chairman Smith stated that this saves the county money because of the deputy time to transport the juvenile back and forth to the detention center, saves money on vehicle fuel and wear and tear, and also limits the potential of liability while traveling. Chairman Smith stated that Computer Arts is also going to install a television and camera in the Commissioners’ Office as well. This will reduce travel costs. The elected officials and department heads can also use the system by coordinating with the Commissioners’ Clerk. Chairman Smith stated that Homeland Security ran a signal to the Extension Office for an alternative emergency operations site and then a line to the courthouse. Commissioner Dinning commented that the county does not know if it will tie into the Idaho Transportation Department. Mr. Gutshall informed Commissioners he has six webinars this coming year.

Ms. Goggia asked if the video conferencing system can be used to process mental holds. Chairman Smith said it probably could be. Chairman Smith stated the five northern counties are considering building a mental hold facility in Kootenai County. Sheriff Sprungl asked if the county picked someone up on a mental hold, would the deputy bypass the local hospital and take them directly to Kootenai County. Commissioner Kirby said yes, and he added they would be taken to Kootenai Medical Center first for medical clearance. Sheriff Sprungl stated it would eliminate all the time the officers have to wait at this hospital for a bed to open up in Kootenai County. Sheriff Sprungl commented that the detainee has the right to an attorney and that would be more travel expense for the attorney, which could be the county public defender, to travel to Coeur d’Alene. Sheriff Sprungl agreed it was a good idea. The five counties need to agree to be a part of it, fund it, and stay in it, according to Commissioners.

Stacy Brown inquired if wording could be included on the Mission Statement stating “in a fiscally responsible manner” so it can be provided in the best way possible. Chairman Smith said the wording came from the State Insurance Fund.

Discussion was held regarding a possible cost of living increase for next fiscal year. Chairman Smith informed those present that Clerk Poston had approached him stating that it was time to talk about a possible cost of living increase for next year. Chairman Smith stated employees brought up the fact that if there is no cost of living increase, it affects the employee retirement account. Chairman Smith said he knows it can be politically troublesome, but he feels it is the Commissioners’ responsibility to take care of the employees. Chairman Smith stated he is not talking about a “raise,” he is talking about a cost of living increase for everybody so they can keep up with what is going on with the economy. Chairman Smith commented that Commissioner Dinning was not here for the previous two conversations. Carol Hampton stated she looked at her PERSI (Public Employees Retirement System) statement and determined it will cost $3,136.40 a year on her retirement by not having a 3% pay increase each year from now until the time she retires. Ms. Hampton commented it does affect the retirement and she is much better paid than her employees. Assessor Dave Ryals informed those present that he contacted the City of Bonners Ferry to see how we compared with the City and if you look at what the City pays along with their employee benefit package, the county is about six percent below the City on elected officials/department heads and the county is also six percent below the City’s clerical wages when combined with the benefit package. Chairman Smith commented on the potential loss of employees to the City. Chairman Smith stated that all he wants is some type of a cost of living increase to help employees through a hard economic time. Clerk Poston stated that she appreciates Chairman Smith’s comment as far as a cost of living increase and not looking at it as a pay “raise”. Commissioner Dinning asked Assessor Ryals if he looked at the City’s health insurance and their deductible. Assessor Ryals stated that the City pays 90% of the total premium. Clerk Poston stated that she does not know if the City pays dental or vision. Clerk Poston commented that the county’s insurance is much better than the City’s insurance. Clerk Poston stated what she is concerned about is how our retirement is affected. Assessor Ryals clarified that he did factor in the difference between the county’s employee benefits and the City’s employee benefits. Commissioner Dinning commented that it is easy to say that is what we should do, but finding the funding is another issue. Assessor Ryals stated that it is a matter of priority, if that is what you want to do; you need to find a way to do it. Mr. Gutshall agreed that you look at cutting other things and he thinks the employees need a boost. Chairman Smith stated that if Commissioners decide to give a cost of living increase, he will be speaking with Clerk Poston so she can put the figures in each department’s budget so the elected official/department heads will have those figures already in their budget paperwork when working on their budget for next fiscal year. Chairman Smith stated that when looking at cost of living increase, you also have to consider withholdings and benefits which also increase costs. Chairman Smith would like to establish whether or not the Commissioners are in agreement to give a cost of living increase next fiscal year.

Tammy Goggia stated her concern is being able to meet the day to day expenses we all have. Ms. Goggia commented that the cost of everything has gone up. Ms. Goggia stated she is grateful to have a job and is not complaining but it is hard to make it each month with the cost of living going up and not our wages. Employees will start looking at other places for employment if they don’t get an increase.

Sheriff Sprungl stated that the Sheriff’s Office has trouble keeping employees because the City of Bonners Ferry and Bonner County pay more than Boundary County does. The Sheriff commented on several inmate situations at the jail and the problem of shortage of employees. Bonner County pays $5.00 per hour more and it is hard to compete with that, according to Sheriff Sprungl. Mr. Gutshall stated that the county does not have enough money to compete with some things. Sheriff Sprungl said that he can’t just drag anyone off the street and make a deputy of them.

Commissioner Dinning informed the group that currently there is a DNA study regarding the grizzly bear going on in the Cabinet-Yaak recovery zone, one quarter of which is in Idaho. Commissioner Dinning stated every timber sale is appealed there and funds are needed to fight those appeals and fund that study. Commissioner Dinning stated that the point is where do our priorities lie? Commissioner Dinning stated that he is not against a cost of living increase, but there is a big picture and we have to prioritize what we want to do. Commissioner Dinning spoke about possibly having the ability to put on a second shift at the lumber mill in Moyie Springs if there were more timber sales and the money it could bring to the community from employment. Commissioner Dinning stated that cost of living increases may affect the ability of being able to do something else. Assessor Ryals questioned why aren’t the ones who would benefit from that study kicking in all of the money to fund it instead of expecting government to pay for it. The study costs $1.7 million and $1.2 million was paid by private industry, according to Commissioner Dinning. Mr. Gutshall made the comment that sometimes studies produce nothing.

Chairman Smith suggested not making a decision now and discuss it again at the next elected officials/department heads meeting.

Mr. Gutshall commented that the Idaho Transportation Department spent money for a consultant for a study that produced absolutely nothing.

Jerry Kothe commented even with a three percent cost of living increase, if the federal government does not extend their two percent federal payroll deduction, the net increase would only be one percent. If employees don’t receive a cost of living increase and the federal government does not extend the payroll tax deduction, employees are looking at an even greater decrease in available income, according to Mr. Kothe.

The elected officials/department heads meeting ended at 9:51 a.m.

Noxious Weeds Superintendent Duke Guthrie met with Commissioners. Mr. Guthrie submitted a written report to Commissioners which contained the end of the year report for the Selkirk Group and what work he has accomplished for the county this year. Mr. Guthrie said he would be available if Commissioners have any questions.

Mr. Guthrie left the meeting.

10:00 a.m., Commissioners held a public hearing to accept public comment on the proposed Airport Overlay District Ordinance that was developed by the Airport Board. Present were Chairman Ron Smith, Commissioner Dan Dinning, Commissioner Walt Kirby, Deputy Clerk Nancy Ryals, Planning & Zoning Administrator Mike Weland, Don Jordon and Jay Wages representing the Airport Board, Airport Manager Dave Parker, and Carl Wheatley, Steve Vandenberg, Robin Merrifield, Bill Hayden, Rob Pluid, Ken MacDonald, Dennis Shelton, Don Vickaryous, Ron Grove, Fred Nystrom, and LaVern and Eunice Dinning. The public hearing was recorded.

Chairman Smith reviewed the public hearing procedures and stated because this is a legislative matter, conflict of interest does not apply.

If enacted, the ordinance would establish height and other development restrictions within the designated zones and would require applicants for development permits to obtain approval from airport staff prior to submission of the application to Planning & Zoning.

A copy of the hearing information packet Planning & Zoning Administrator Mike Weland gave to Commissioners was made and given to all those present.

Commissioner Dinning stated that someone had commented on the short notice for the hearing. Mr. Weland stated that notice was sent out and a copy of the proposed ordinance was posted on the county website and copies were given to those who requested it. Chairman Smith stated Commissioners have had no discussion of the merits of the proposal and there could be some legal matters involved in this issue that Commissioners may not be in a position to make a decision at this time. Before making a decision it is very possible Commissioners may need to consult with their attorney who is on vacation. If the hearing has to be continued to another date so Commissioners can get advice from the county’s civil attorney, those here today can also attend the continued hearing, according to Chairman Smith.

Steve Vandenberg informed Commissioners that he was not notified by mail of today’s hearing. Mr. Weland stated since this involves a legislative matter and more than 200 people, technically legal notices did not have to be mailed. Under Idaho Code, publication of a legal notice and a display advertising in the Bonners Ferry Herald is sufficient, according to Mr. Weland. Mr. Weland stated because there is a defined rectangular overlay that imposes the steepest restrictions; he tried to identify all the property owners within that rectangular area and just as a courtesy mailed them notification of the hearing. Mr. Weland stated that he sent a copy to Vandenberg Trust and Marion Vandenberg. Chairman Smith pointed out the rectangular area defined on a map that is part of the information presented by the Planning & Zoning Administrator for the hearing.

Airport Manager Dave Parker gave the statement on behalf of the airport. Mr. Parker stated that the Boundary County Airport Board put this together because when the new Planning and Zoning Ordinance went into effect the old ordinance was cancelled and the airport basically had no height zoning in place to keep someone from building into the airport traffic area which is the area that the planes use in approach and departure from the airport. There was an ordinance in place in 2006 and the Airport Board had several issues with that. Mr. Parker commented that some of it was hard to read with the terminology. It has to be Federal Aviation Administration (FAA) oriented. The Airport Board first tried to simplify the ordinance to make it a little bit easier for everyone to understand. This proposed ordinance is less wordy, according to Mr. Parker. Mr. Parker informed those present there was nothing in the old ordinance regarding noise so that was addressed in this proposed ordinance. Also added was a notification zone, which has actually been in place through the FAA for a long time, to reiterate the federal rule which states the FAA has to be notified when something is built within that 100 to one per 20,000 feet area, which is four miles. Mr. Parker said there are issues such as it is obviously shadowed. For instance, if there is a building in front and a new building was going to be behind it, then the FAA doesn’t really care about that. Mr. Parker continued by stating if it is a new building and it is going to be close to the runway and could be an issue to air traffic, then the FAA needs to be notified. Mr. Parker informed those present that the reason it is for an area of four or five miles is because it needs to fit all airports and all places. There could be skyscrapers in Los Angeles and hills around the airport with houses on top. The airport tried to simplify the ordinance a lot and have the area defined on the map by the rectangle so the Airport and Planning and Zoning did not have to deal with every landowner within 20,000 feet. They felt that everything was shadowed beyond the rectangle so they didn’t need to notify the FAA and they could say basically those places were okay. Inside the rectangle, depending on the height of the structure, whether it be a small building or a cell tower or windmill or whatever might be built, as an airport they need to look to determine whether the FAA would want to know about it. Mr. Parker informed those present that they have always had to give the FAA notice but it has been for an area that is five miles wide. Technically they still follow those rules, but the Airport Board thought they would just make it a lot simpler if they defined the rectangular area inside the five mile radius. Mr. Parker commented there is another map in the hearing material that shows the whole five mile radius. Mr. Parker explained if the property is located within the rectangle, that means anything over 150 feet tall is a problem and if it’s 150 feet or shorter then it needs to be looked at to see if it would create a danger to aircraft going in or out. Mr. Parker said the 150 foot number is derived from anyone who builds a cell tower anywhere that is over 150 feet would have to get FAA approval anyway so the Airport Board didn’t feel it was really a big deal for the Airport Board to deal with that issue. The old zoning had a problem where a 35 foot structure was okay basically on anybody’s land around the airport. That was a problem for several parcels of property where somebody wanted to build something close to the airport on the left and right side where it would have penetrated the aircraft protection area.

Commissioner Dinning stated Mr. Parker just said they are not concerned with anything less than 150 feet built within the rectangle shown on the map and now he just indicated something 35 feet high might be a problem. Commissioner Dinning asked for clarification and commented that he understands anything 35 feet high also applies within the rectangle. Mr. Parker responded that it does. Commissioner Dinning asked what the 150 feet means since within the rectangle, it is less than that.

Airport Board member Jay Wages stated that outside the rectangle, anything over the 150 foot height would require approval by the FAA and the airport would want to look at the height of the construction inside the red rectangle to see if it would fall within the zoning.

Chairman Smith asked for clarification of the 150 feet. Mr. Parker stated that inside the rectangle are parcels on the airport property where one foot would be a problem. Mr. Parker said the FAA should be involved on anything built off the south end that was maybe even as short as seven feet.

Commissioner Dinning asked Mr. Parker if he has a map that shows what the ordinance we have in place now says and how it affects the land of those present and then a map showing how this proposed ordinance will affect them as far as height restrictions. Commissioner Dinning stated if he owned a piece of property near the airport, he would not understand what the FAA restrictions would be. Mr. Parker said on the north end there would be no change from the 2006 ordinance other than the 35 feet. Mr. Parker stated that 35 feet really messed things up by giving them a non-standard. Mr. Parker stated they could produce a map that would be a visual but not a legal thing. Commissioner Dinning thinks it would take a lot of anxiety away and add a lot of clarity. Commissioners Dinning stated a map of that type would show how it will affect the landowners and what was in place in 2006 and how this proposed ordinance will affect them. Mr. Parker stated he has something that will show how he thinks it will affect the land by parcel, but he is not the FAA and not the person who would make that determination. Mr. Parker said he has a reasonable depiction of what this zoning would do to people’s parcels but he doesn’t have anything that would compare with the 35 foot requirement.

Chairman Smith stated while Mr. Parker was speaking he saw some indications from those present that they would be interested in what that would look like. Chairman Smith thinks that is the main concern here today; especially inside the rectangle where the question is what are they going to be able to build and what can’t be built. Chairman Smith expressed that it is so convoluted now he thinks we are wasting our time to proceed with this until that information is made available. Chairman Smith stated with that and the other question that was spoken to earlier, if it wouldn’t be too much of an imposition to those present, he would rather continue the hearing to a later date so that information could be made available to us. Chairman Smith asked if anyone had a problem with Commissioners continuing the hearing.

Craig Wheatley stated he has followed this for a lot of years trying to get building permits. Mr. Wheatley commented that he goes to the Planning & Zoning Administrator who does not have the answer and who then sends him to the Airport Manager who sends him back to the Planning & Zoning Administrator. Mr. Wheatley stated in the old ordinance it is impossible to get an answer on how high you can build within 35 feet. The airport provided a map that shows what the proposed new ordinance will do which brings up three problems that Mr. Wheatley sees with the ordinance. One problem is the property owners including him who are impacted at forty to one. Mr. Wheatley made a comment about facing condemnation proceedings and losing their airspace. The second problem is there is no definitive answer on who makes the decisions. Mr. Wheatley stated that ordinance indicates the Airport Board makes the decision, yet Mr. Parker says the FAA makes the decision. Mr. Wheatley stated the third problem is there is nothing in the ordinance that defines exactly what numbers we are all dealing with. Mr. Wheatley went on to say there should be some definitive answer that says you meet the requirements based on the runway distances and you can build there. Mr. Wheatley stated right now the FAA has the ability based on that ordinance to arbitrarily decline a permit based on what they might want to do later. There are a lot of questions that need answered in the ordinance, according to Mr. Wheatley.

Chairman Smith stated those questions would have to be answered when we continue the discussion. Chairman Smith informed those present that the ultimate decision on whether the ordinance is adopted is with the Commissioners and if Commissioners can’t get some of the questions resolved, they will have a tough time making the decision. Chairman Smith stated that he doesn’t like it to be “fuzzy”, where nobody knows what is going on. Chairman Smith commented that he does understand where something is sent back to Mr. Parker in order to make sure something doesn’t happen that shouldn’t happen. Chairman Smith stated before the Airport gives their consent, they will have to run it by the FAA. Chairman Smith stated the way he understands it, Mr. Weland sends it to Mr. Parker and Mr. Parker will make the decision whether to go to the FAA.

Chairman Smith asked Mr. Parker to prepare that document. Chairman Smith stated Commissioners will certainly address all of the concerns. Chairman Smith commented that he can just imagine the majority of the landowners are concerned with what they can do inside that rectangle on the map, what they can build, and will they know they can build in it today, six months from now or a year from now or will the rules be changing as we go along and should the landowner build now in fear that later they will be told they can’t. There needs to be some kind of definitive answer through the FAA or whoever has oversight so we will know, according to Chairman Smith. Chairman Smith commented he would say the whole rectangle is going to have to be diagramed so depending on where you are at on the map you will know what the building height can be. Chairman Smith stated we have to have that information up front rather than a person makes plans for something they want to do, they bring it in to do it and find out in that particular area you can’t build within so many feet. Chairman Smith stated he thinks the landowner should know that beforehand.

Commissioner Kirby thinks one thing that would be extremely valuable to everybody is if you took an end view of the area from the ground, down the center of the runway from either the north or the south end and show the angle off so many feet in a grid on each side so a person can see what can be done. Jay Wages showed Commissioner Kirby another diagram that is in the hearing packet. Mr. Parker said the airport doesn’t have anything to show the whole property, they have the north end and the south end which an engineer came up with. Commissioner Kirby said there needs to be more detail.

Mr. Parker commented the problem he has as an airport manager is what they have depicted on the map is their engineer’s best idea on what the FAA would agree to, but the FAA rule says 100 to one and we are looking at 34 to one and 40 to one. Mr. Parker indicated there was a little gray area in there which he thinks is good, but the FAA may or may not think it’s good because they want a little more room there. Mr. Parker suggested he send the drawing to the FAA and see if they would sign off on it which might make it easier for us all.

Commissioner Dinning stated just for clarity, at 34 to one you get up in the air a lot faster. Mr. Parker stated that is correct. Mr. Parker said 100 to one seems more restrictive. Commissioner Dinning stated we need the ability to look the new information Mr. Parker will produce or have produced over before the hearing to see if it fits our needs. Commissioner Dinning inquired if those present have their mailing addresses listed on the sign in sheet so once we have something we are comfortable in sharing we can mail it out to those present and everyone who has submitted comments so everyone has it ahead of time.

Chairman Smith asked Mr. Parker when he thinks he could have that information available. Chairman Smith stated he thinks that is a good idea. The information will give people an idea of what they can do within the rectangle.

Mr. Weland commented he is not sure they will be able to do that because you would almost have to survey every inch of ground. Mr. Parker made the comment that it is not all just cut and dry as we would all like it to be. Chairman Smith responded that it has to be cut and dry. Chairman Smith stated that he supports the Airport Board 110% and he wants that airport there now and in the future but we can’t leave the property owners hanging on what they can and can’t do. Chairman Smith continued by stating we have to give them some kind of definitive answer, yes you can do this here. Chairman Smith stated information like what can and can’t be done needs to be upfront.

Mr. Parker stated no doubt about it Mr. Wheatley’s property is the closest and if we as a county said yes you can build a building there and that building was a problem to the FAA, then the FAA would no longer fund the airport. Chairman Smith stated that is what he means; we need to be able to tell them up front what they can do. The FAA has to buy off on it, according to Chairman Smith, and once we get the ordinance together he would think you would get with the FAA and say this is what we are going to be presenting at our public hearing and the person who owns the property is going to know that his building can only be so tall.

Commissioner Kirby thinks the drawing Mr. Parker showed him is explanatory enough and covers Mr. Wheatley’s property. Commissioner Kirby indicated it would be easy if you had FAA approval ahead of time and every parcel was grid off then you know it has already been okayed. Commissioner Kirby said it would almost have to be done parcel by parcel. Mr. Parker said the FAA is going to want to do it building by building. Commissioner Kirby said for information going in, for what each landowner needs, a map is needed of all parcels with the parcels numbered and something that says what you can do by the gradient on that particular parcel. Commissioner Kirby said that is a lot of work to do but that is what we are going to have to do sooner or later because somewhere along the line when an applicant comes in and asks for permission to do something we have to say yes or no. Commissioner Kirby continued by stating if we had prior approval from the FAA that you can build to a certain height and we knew that ahead of time and it was grid off on a map for every parcel, it would be easy. We just have to do this homework, according to Commissioner Kirby, and the FAA has to do their homework too and they have to commit. Commissioner Kirby said he sees a lot of properties here inside the rectangle where the property is down in a hole. Mr. Weland agreed that a lot of properties drop off.

Chairman Smith asked Mr. Parker to get the needed information together stating at least it is a starting point. Mr. Parker stated he can contact the FAA and send them a copy of the drawings presented at this hearing (referring to the rectangular area and the area within a five mile radius) and ask the FAA if they will sign off on the elevations that were put together by the airport’s engineer, but he is thinking the FAA probably won’t do that. Commissioner Dinning inquired why we should go through this exercise if the FAA won’t sign off on it. Mr. Parker said so someone doesn’t build something in front of the runway and shut the runway down. Commissioner Kirby said if you take that drawing and ask the FAA if that is what they have in mind, is this slope going to work, is this area on the ground going to work, and if the FAA says yes, that slope works and the county stays within that, then it is okay. Mr. Parker informed those present that there is zoning in place. Mr. Weland said in the current zoning, anything within that rectangle, he has to refer to the airport. Mr. Weland stated he thinks 99% of what is proposed the airport is going to look at and say it is probably okay, such as a regular 18 foot house.

Chairman Smith inquired what they are going to be able to provide to Commissioners so Commissioners can give it to the landowners. Chairman Smith asked if they are going to be able to say a piece of property within the rectangle can only have a building so tall. Mr. Weland doesn’t think you can do that. Chairman Smith asked why it can’t be done. Mr. Weland said because of the slope. Chairman Smith inquired if they weren’t aware of what that slope is. Mr. Weland stated that it depends on site specific and building specific. According to Mr. Weland, when an application for a building permit is submitted, they are supposed to show on that application where the building is going to sit and what the elevation is. If the Airport has a question, they can submit it to the FAA.

Dennis Shelton commented that as far as elevation, he can’t see very much variation except for the last quarter on the south end where it drops down in the valley. Up on the level where Mr. Shelton drives every day, it looks as flat “as a pancake” all the way to the highway. Mr. Parker responded that it looks that way, but the runway actually varies 25 feet from one end to the other, it is not flat. Mr. Shelton said it is relatively flat and Mr. Parker agreed.

Commissioner Kirby said everyone who owns a parcel can find out or maybe even knows what the elevation of that particular parcel is.

Chairman Smith inquired if there is anything the GIS Mapper can do to help. Mr. Parker stated the GIS Mapper can draw something similar to what the airport engineers have done. Chairman Smith asked if the GIS Mapper would have the elevations. Mr. Parker responded that the mapper probably does not. Chairman Smith suggested Commissioners meet with the GIS Mapper and review the area within the rectangle. Chairman Smith commented that we have to start someplace. Chairman Smith said the problem he is having right now is the fact that no matter what we come up with and agree to here, the landowners are still going to be hanging out there as to what they can do. Chairman Smith stated we can agree to the height, we can agree to everything the landowner wants to do but then the application goes to the FAA and the FAA disapproves and you are going to have to tear it down. There is where Chairman Smith says he is having a real problem and he feels we need something more.

Rob Pluid stated he assumes the FAA when they do their calculations they are going to do it off the altitude of the runway so you would have a starting point there. The other property even though it does roll, you could adjust it to the altitude of the runway and they could define it from that point, the runway point. There has to be a starting point and something to tie those measurements to, according to Mr. Pluid. Chairman Smith asked if Mr. Parker can keep that in mind. Mr. Parker said everything they have built on the airport has gone through this process, every hangar they’ve built, every piece of asphalt they have laid, every taxiway, every runway light, and every fence.

Commissioner Kirby stated that he knows Mr. Parker knows where the level of the ground is on every square inch of that airport. Chairman Smith stated that Mr. Parker had mentioned building the hangars and asked if those were based off the level of the runway. Mr. Parker responded that they do and any time they have a project, they do the same thing any landowner would be required to do and that is to fill out form 7460-1 and send it to the FAA and on that form it would have the latitude, longitude, ground elevation and basic information like that. The FAA engineers would have the ability to put that in space and compare it to the closest portion of the runway in space and determine how tall the building could be.

Mr. Wheatley stated the vagueness of having to go to the FAA every time burdens everyone. Mr. Wheatley stated if he had an application today for a 35 or 50 foot building he wouldn’t know if he could build it or not. As a property owner he would like to know whether he could build something this year or if he could wait and build it two years from now.

Chairman Smith stated right now our runway runs to a certain point and we already own the property to extend the runway out to a specific point and then we have to be worried about the property that is in front of that and that is where we have to be concerned how tall those buildings are. Chairman Smith asked if we also have to be concerned to the east and west. Mr. Parker responded yes, in some cases and he confirmed not as much as we are concerned with the property right out in front of the runway. The angle to the side is seven to one so it rises in a hurry and is a really steep angle relative to 40 to one off of the south end, according to Mr. Parker. Every 40 feet you go out, you are only going up one foot, but off the side, every seven feet you go out you are going up one foot. How far out from where we extend the runway are we concerned with height Chairman Smith inquired. Mr. Parker referred to the rectangular area on the map and explained the affect stating on the south end to a certain point you could build to 150 feet tall. On the north end, nothing is changing at all, but in 200 feet it stays level from the end of the runway and then it goes up at a 20 to one angle so for every 20 feet you go out it goes up one foot and at the line someone could build 150 feet tall. Even at 20 to one it climbs pretty quickly, according to Mr. Parker. Off to the sides of the runway, from the centerline of the runway it is 250 feet, so about to the edge of the taxiway, and from there it starts climbing at seven to one so for every seven feet to the side, it goes up one foot. Mr. Parker said as you can see there really are not many places where 150 feet tall will bother traffic. Mr. Parker stated that the issue is in the old ordinance there was aircraft coming in from the south and they are shooting a fairly shallow angle in instrument conditions not looking outside the aircraft, breaking out of the clouds and then landing on the runway. The departing aircraft very, very rarely takes off to the north because of the hill to the north and the prevailing wind is almost always out of the south so the departing aircraft and the approaching aircraft generally come in from the south. Mr. Parker showed the end of the current runway on the map and stated the way the current situation is it goes out 200 feet and climbs at two angles, a 34 to one and a 40 to one. The 34 to one is for the approach and it starts at 200 feet from the end of the runway. The departure starts at the end of the runway and goes out 40 to one. Those angles actually converge in space according to Mr. Parker. Mr. Parker indicated a point on the map and stated that someone could build a 150 foot building there and pointing at another area on the map, he stated a roughly 75 foot building could be built there. Mr. Parker stated that it’s not really a big issue for certain landowners but it is for Mr. Wheatley and some other landowners. Mr. Parker spoke about the proposed runway extension showing on the map the land that is owned by the airport. The plan is, according to Mr. Parker, for that runway to be extended 1200 feet so jet traffic would have enough runway to come to Bonners Ferry. Mr. Parker commented that they don’t get as much jet traffic as wants to come here. Mr. Parker said when they extend that runway then the 200 foot would be extended to that point and then the 34 to one and the 40 to one would be at that new starting point instead of where it starts now.

Commissioner Dinning inquired if you extend the runway does it automatically then extends the affect. Commissioner Dinning stated there are currently some properties that would not be necessarily affected as it sits today without the runway extension. Commissioner Dinning stated if you extend the runway a quarter of a mile then you have just pushed the impact of this ordinance. Mr. Parker stated what the Airport Board tried to do with this ordinance is to prepare everybody for that 1200 foot extension and he confirmed that the proposed ordinance addresses the extension. Commissioner Dinning thinks it would be good to use the airport elevation as best we can to show what we think would be at that point and he understands the variances in the land and the topography change.

LaVern Dinning inquired where Highway 2 comes into play. Mr. Parker showed Highway 2 on the map and where Mr. Dinning’s property is located. Mr. Parker said the FAA did a site survey of our airport and had engineering and land people come in to determine how many things we have in the path for airplanes coming in and out and landing. In there they found numerous trees, no buildings at this point, and they’ve given the county three years to get rid of these dangers to airspace, the things that penetrate the airspace. The FAA hasn’t picked up the Highway yet, according to Mr. Parker, and Dinning’s are correct in that anytime you have a Highway close to an airport you have to plan on, he thinks, a 16 foot tall truck going down the highway and that basically being an obstruction to an aircraft coming in to land. Mr. Parker thinks someday we will have to move the runway to the south or move the highway around the airport, which probably is not going to happen. Mr. Parker commented that the Dinnings are being a little bit forward thinking. The FAA doesn’t show the Highway as a problem. In some of the older drawings the FAA brings it up, but since their drawing was done, Highway 2 has been built up about four feet. Mr. Parker said the Highway is going to be an issue.

Commissioner Dinning moved to continue this hearing tentatively until January 23, 2012 at 10:00 a.m. if the county civil attorney is available and with the understanding that detailed maps be produced and given to those in attendance ahead of the hearing for their review. Commissioner Kirby second. Motion passed unanimously.

The public hearing ended at 11:00 a.m.

There being no further business, the meeting adjourned at 11:00 a.m.





/s/
RONALD R. SMITH, Chairman


ATTEST:



/s/
GLENDA POSTON, Clerk
By: Nancy Ryals, Deputy
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