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***Monday,
September 3, 2012,
Commissioners did not meet due to the Labor Day
Holiday.
***Tuesday,
September 04, 2012,
Commissioners met in regular session with
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser.
Blue Sky Broadcasting
Reporter Mike Brown was in attendance of various
meetings throughout the day.
The Solid Waste Department
report scheduled for
9:00 a.m. was cancelled.
Deputy Clerk Nancy Ryals
joined the meeting at
9:10 a.m.
Commissioner Dinning moved
to deny indigent application #2012-31 as per the
Clerk’s recommendation. Commissioner Kirby
second. Motion passed unanimously.
Deputy Clerk Ryals left the
meeting at 9:12
a.m.
Commissioner Kirby moved to
approve the minutes of August 27 & 28, 2012.
Commissioner Dinning second. Motion passed
unanimously.
Commissioner Dinning moved
to sign the letter to U.S. Army Corps of
Engineers Colonel Bruce Estok requesting
information on
Boundary County
flowage easements. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to authorize the Chairman to sign the GIS
Standard Maintenance Agreement with BullBerry
Services and any future related documents.
Commissioner Kirby second. Motion passed
unanimously.
Commissioners tended to
administrative duties.
9:30 a.m., The Restorium Department
report scheduled for 9:30 a.m., was cancelled.
Commissioners tended to
administrative duties.
10:00 a.m., Chief Probation Officer
Stacy Brown joined the meeting to give the
departmental report.
Ms. Brown said her
department still has 15 juveniles on the Youth
Accountability Board and 50 juveniles on
probation. Six of these juveniles have a warrant
out, according to Ms. Brown. There are 280
adults on unsupervised probation, which is a
good low number and there are 70 adults on
misdemeanor probation, which is supervised.
Ms. Brown informed
Commissioners of reasons she will be out of the
office this coming week. Chairman Smith and Ms.
Brown discussed various probation related
conference calls. Ms. Brown said everything in
her office is going well because she has the
greatest employees.
The meeting ended at 10:05 a.m.
Commissioners tended to
administrative duties.
10:30 a.m., Commissioners held a
public hearing to consider the proposed County
budget for fiscal year 2012-2013. Present were:
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, Clerk Glenda Poston,
Treasurer Jenny Fessler, Assessor Dave Ryals,
Boundary County Emergency Services Incident
Commander Bob Graham, Deputy Clerk Michelle
Rohrwasser, Blue Sky Broadcasting Reporter Mike
Brown, and county residents Cindy Vidmar, Ray
Harris, and Cassandra Phillips. The budget
hearing was recorded.
Chairman Smith explained
the process of making a motion to adopt the
budget following the public hearing and he
mentioned noticing copies of the proposed budget
had been handed out.
Chairman Smith said he
would explain what is involved in putting the
budget together and he used the Solid Waste
Department’s budget as an example. The Solid
Waste Department shows a budget of $838,655 and
to make that budget includes cash carryover as
shown in the next column added to the amount of
other revenue generated for that department. The
amount of “other revenue” for the Solid Waste
Department is $760,000, which in this case are
solid waste fees.
Chairman Smith said using
the Restorium as an example, their budget is
$976,194 and their cash carryover is $57,064.
The amount of $606,984 consists of funds
generated from room rent, portions of sales tax,
electric tax, etc. Chairman Smith explained this
is all projected information. The County will
levy $312,146 and all of these figures combined
will total the budget of $976,194.
Chairman Smith said he had
summary information that he would like to
review. There is a 3% increase from the prior
year’s budget, which equates to $128,932 to
levy. New construction consists of $7,516,010 or
$36,965 to levy. Clerk Poston said it is an
increase of $166,343 over the previous year’s
levy or an increase of 3.9%.
The increase of 3.9%
includes new construction. The proposed budget
of $12,393,983 includes grants, but the thing
with grants is if the County does not get the
grants that amount of money in the proposed
budget cannot be spent, according to Chairman
Smith.
The amount to be levied is
$4,415,295 and this information has been
published in the newspaper, the Bonners Ferry
Herald, as required by Idaho Code. The County
does not yet have the current property values
from the State. Clerk Poston informed
Commissioners that she received this information
today so she does know the value, but there
hadn’t been time to rework the calculations.
Clerk Poston said the net
taxable value is $814,519,343 dollars. This
total is down from last year’s taxable value,
which was $863,941,278.
Chairman Smith said solid
waste fees did not increase this year, and this
budget does include a 3% cost of living increase
for the employees. The last cost of living
increase occurred in year 2009 so this increase
in labor totals $71,400 over the previous year.
Chairman Smith asked if
anyone had any comments.
Mr. Harris stated he knows
there are a number of exclusions available for
property taxes and he questioned if those
exclusions such as the homeowner’s exemptions
were factored into the budget. Assessor Ryals
said the answer is yes those exemptions have
been factored out so this information is the
bottom line.
Ms. Vidmar asked how the
taxable amount is arrived at if the value has
decreased. For example if you have taxes on a
mortgage valued at $300,000, but now the value
of the home is $100,000 less, how do the taxes
increase?
Assessor Ryals said the
value of a home is based on market and the levy
rate that comes after that is the process of
dividing the budget by the value of the County.
Assessor Ryals said when values come down it
causes the rate to increase so it results in the
same amount of money. Ms. Vidmar said so no
matter what the value of the home is, the
homeowner will still pay an increase in taxes.
Assessor Ryals said ideally the tax bill would
be approximately the same. If the value
decreases the rate will increase in order to
collect the same amount of money. This leaves
the tax bill pretty much the same unless there
are additions such as a bond, special levy or
things like that which are voter approved. Value
floats along whatever the market does.
Increasing values doesn’t generate more money
and decreasing values doesn’t generate less
money, it just changes the rate, according to
Assessor Ryals. Ms. Vidmar said it makes sense,
but it doesn’t make it right.
Ms. Vidmar said she is just
trying to figure out why her taxes would be the
same amount or increase if her home’s value is
less than what it was. Chairman Smith said he
also feels the same as it doesn’t make sense to
him. Chairman Smith said if the value on a
property decreases, it looked to him like the
taxes should also decrease, but there still has
to be that total value.
Ms. Vidmar said if you have
a car that is valued less, you will get less
money for it. Commissioner Dinning mentioned the
need to convince the state legislature of this
because there are rules counties have to follow.
Assessor Ryals mentioned it costs the same
amount of money to run everything. Ms. Vidmar
questioned if this funding could be collected
from something other than the property owner.
Assessor Ryals said that has gone back and forth
in the legislature. Ms. Vidmar said it just
doesn’t seem fair that people who don’t pay
property taxes are not being charged for this.
It’s only the person who owns the land or the
home who is footing the bill. Ms. Vidmar asked
if there is another way for the County to be
able to assess a fee so it is equal for everyone
such as a sales tax that everyone pays.
Commissioner Dinning said until the legislature
allows something different, the County can’t
arbitrarily do that unless Idaho Code changes.
Chairman Smith said some states are allowed to
do this, but they don’t have property taxes so
they have to generate funds to pay for the
services.
Commissioner Kirby said his
statement is more of a question for the
Assessor, but the reason for property taxes in
the first place is to pay for County services
that are expected and that doesn’t change.
Commissioner Kirby explained the system of
values and levies established to in order to
keep a steady income to the County. Commissioner
Kirby said the reason for this confusing piece
of business is to keep the cash flow at a nice
level to pay for the services. These are
services the County wishes to provide, but also
are mandated to supply them.
Ms. Vidmar said with
everything increasing is there a cap? Ms. Vidmar
said in using a volunteer fire department as an
example, an association member would owe their
dues for the year, but if a fire department
became a taxing district, the payment now
becomes a part of the tax bill. Ms. Vidmar
questioned why is this payment in her property
taxes instead of paying it directly to the
Paradise Valley Fire District. Commissioner
Kirby said someone said they needed a better
fire department and the way to fund it was to
form a district.
Commissioner Kirby said the
Paradise Valley Fire District is faced with same
thing as the County, which is the 3% increase.
Ms. Vidmar said her fire district tax increased
from $100 to $300 per year. Chairman Smith
explained that the County is separate from a
fire district and has no part in setting their
levy. Chairman Smith said the difference between
a taxing district and an association is if a
fire district raises their levy, the homeowner
has to pay that amount, but if a fire
association wants to raise their rates, the
homeowner can choose not to pay it.
Commissioner Dinning said
for clarity on the increase of 3.9%, 3% is the
County’s cap and in addition to that is what new
construction is occurring. Commissioner Dinning
explained information on new construction is
learned from building permits and the
appraiser’s assessment work. Commissioner
Dinning said of a 12 million dollar budget 35%
of it is financed by property taxes. The County
was able to levy $128,932 in addition to $36,965
from new construction.
Clerk Poston said anyone
who has questions about the budget is always
welcome to stop by her office. Assessor Ryals
said there are by law, statutory levy limits so
if values continue to fall so far that the rate
had to keep increasing, there is a certain point
the rate can’t go any higher, but then services
suffer, etc.
Chairman Smith called for
more questions, but no one had any.
Commissioner Dinning moved
to adopt Resolution 2012-37. A resolution
approving and adopting
Boundary
County’s fiscal year 2012-2013
budget. Commissioner Kirby second. Motion passed
unanimously. Resolution 2012-37 reads as
follows:
RESOLUTION 2012-37
A
RESOLUTION TO ADOPT THE FISCAL YEAR 2012-2013
COUNTY
BUDGET
WHEREAS, on the 4th day of September, 2012, at
the Boundary County Courthouse in Bonners Ferry,
Idaho; the Board of County Commissioners held
the fiscal year 2012-2013 budget hearing for
Boundary County, and
WHEREAS, the budget hearing was held in
accordance with Idaho Code 31-1604 and Idaho
Code 31-1605, and
WHEREAS, the proposed budget was duly printed in
the Bonners Ferry Herald on
August 9, 2012,
and
WHEREAS, there was citizen input on the budget
as proposed, and
WHEREAS, having considered the budget needs and
available revenue,
NOW THEREFORE BE IT RESOLVED, that the Board of
Boundary County Commissioners hereby unanimously
adopt the fiscal year 2012-2013 budget as
attached for
Boundary
County.
DATED AND DONE this 4th day of September, 2012
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/
RONALD R. SMITH, Chairman
s/
DAN R. DINNING, Commissioner
s/
WALT KIRBY, Commissioner
ATTEST:
s/
GLENDA POSTON, Clerk of the Board of
County
Commissioners
Recorded as instrument #254977
The budget hearing to
approve the fiscal year 2012-2013 County budget
ended at 10:55
a.m.
11:00 a.m., Chairman Smith conducted
the quarterly jail inspection of the
Boundary County
jail.
Commissioners recessed for
lunch at 11:30
a.m.
1:30 p.m., Commissioners
met in regular session with Chairman Ron Smith,
Commissioner Dan Dinning, Commissioner Walt
Kirby, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners
held a public hearing for Planning and Zoning
Application #12-038, a short plat subdivision
requested by Gideon Schreiber and Lisa Capoccia.
Present were: Chairman Ron Smith, Commissioner
Dan Dinning, Commissioner Walt Kirby, Deputy
Clerk Michelle Rohrwasser, Planning and Zoning
Administrator Dan Studer, and John Marquette
with JRS Surveying. No other member of the
public was present. The hearing was recorded.
Chairman Smith briefly
reviewed the public hearing procedures. Chairman
Smith said the applicant has 19.91 acres and
they wish to divide that land into two parcels
with one parcel consisting of 13.49 acres and
the other parcel consisting of 6.42 acres. Mr.
Studer said the property in question is in the
rural residential zone and the minimum lot size
is five acres.
Mr. Studer said the
applicant wishes to split off 6.42 acres from
their 19 acre parcel and establish road
easements. The Assessor, Treasurer and GIS
Mapper have been notified. The property taxes
have been paid, but no other departments made
comment. A public notice was sent out to all
affected neighbors. Mr. Studer reviewed the
conditions that may affect rural residential as
listed in the current Comprehensive Plan.
Commissioner Dinning spoke
of the process for this type of application
coming before the
County
Commissioners. Commissioner Dinning
said if this property had County road frontage,
there would’ve been no reason to have the
hearing before Commissioners and it could’ve
been handled administratively. As it is being
brought before Commissioners, Commissioner
Dinning said he wants to make sure there is an
easement. Mr. Studer said that was correct.
Mr. Studer said when he
first received the application he mistakenly put
it out as a simple subdivision, but was
corrected in a conversation that in a simple
subdivision all driveway accesses have to meet a
county or state road. This application qualifies
under a short plat subdivision ordinance, which
requires platting and on that plat, access has
to be shown. Mr. Studer said that is the reason
for the Commissioners to hear the application.
Each of the properties has to have its own
access.
Chairman Smith said he sees
Coyote Way going to
Lot 2, but didn’t see how to get to
Lot 1. Commissioner Dinning said
this road touches Lot 1.
Chairman Smith said the road accesses both Lots
1 and 2. Mr. Studer said that was correct.
Mr. Marquette said the
access is part treed and the other half is a
fairly flat and open area, he believes.
Commissioner Dinning said someone will have to
develop it.
Chairman Smith opened the
hearing to public testimony. John Marquette with
JRS Surveying said he was in attendance in case
anyone had any questions and to relay the
results of the hearing to the applicant.
Commissioner Dinning said Mr. Marquette is
acting as a representative of the applicant; not
as a member of the public.
Chairman Smith mentioned
comments in favor of the application and asked
Mr. Marquette if he would like to speak. Mr.
Marquette said he works for JRS Surveying and he
represents applicant Gideon Schreiber. Mr.
Marquette reiterated that if it hadn’t been for
the lack of the access to a county road, this
application wouldn’t have been brought up before
anyone. It is really just creating another lot
from the existing one. The larger Lot
1 is pretty much a field and Lot
#2 has a house on it. Mr. Schreiber has provided
a 40 foot access utility easement through
Lot #2 to the larger lot. Mr.
Marquette said he had spoken to one of the
neighbors and they seemed totally in favor and
they were also friends of the applicant.
Chairman Smith said there
is one house on Lot #2 so
he would assume the plan is to put a house on
Lot #1 someday. Mr. Marquette said
he is not exactly sure, but he thought the
applicant may want to sell one of the lots and
keep the lot with the home on it.
Chairman Smith called for
public testimony from those uncommitted to the
application and then comment from those opposed
to the application. There was no one from the
public to speak uncommitted or in opposition.
Chairman Smith closed the
hearing to further public testimony and called
for discussion amongst Commissioners. Chairman
Smith said the application is pretty straight
forward.
Commissioner Dinning moved
to approve Planning and Zoning application
#12-038, an application for a short plat
subdivision requested by Gideon Schreiber and
Lisa Capoccia. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Dinning said
for the record that due to issues with the
recording, he would repeat some of the
information. The application is for a short plat
subdivision. The original parcel size is 19.9
acres and the applicant wishes to split off 6.42
acres from that piece. The property has been
surveyed and accesses to both parcels have been
established.
Chairman Smith said this
original parcel of 19.9 acres will be split into
two parcels leaving one 13.49 acre parcel and a
6.42 acre parcel. Chairman Smith read aloud the
description and utilities available. The name of
the subdivision will be Schreiber Subdivision.
The public hearing ended at 1:45 p.m.
Mr. Studer and
Commissioners discussed the process for short
plat subdivisions and their public hearing
requirements. A platting and establishment of
easements would be required.
Mr. Studer and Mr.
Marquette left the meeting at
1:55 p.m.
Clerk Glenda Poston joined
the meeting at
2:00 p.m.
Commissioner Dinning moved
to adopt Resolution 2012-38. A resolution of the
Board of County Commissioners of
Boundary County, Idaho;
authorizing and approving borrowing and lending
of funds from County account by and to Boundary
County Ambulance Service District; approving
promissory note; approving repayment schedule;
approving interest accumulation; and declaring
necessity; and providing for the effective date
of this resolution. Commissioner Kirby second.
Motion passed unanimously. Resolution 2012-38
reads as follows:
RESOLUTION NO.
2012-38
BOUNDARY COUNTY,
IDAHO
TITLE:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF
BOUNDARY COUNTY,
IDAHO;
AUTHORIZING
AND APPROVING BORROWING AND LENDING OF FUNDS
FROM
COUNTY
ACCOUNT
BY AND TO BOUNDARY COUNTY AMBULANCE SERVICE
DISTRICT; APPROVING PROMISSORY NOTE; APPROVING
REPAYMENT SCHEDULE; APPROVING INTEREST
ACCUMULATION; AND DECLARING NECESSITY; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS
RESOLUTION
WHEREAS:
Boundary County, Idaho, a political
subdivision of the State of Idaho, is governed
by the Board of County Commissioners, pursuant
to Title 31, Idaho Code, with all of the powers
vested thereby; and,
WHEREAS:
The Board of County Commissioners have
previously created and approved an ambulance
district whose boundaries encompass the entirety
of Boundary County, Idaho, pursuant to the
provisions of Idaho Code Title 31, Chapter 39;
and,
WHEREAS:
The Board of County Commissioners has a
statutory duty and obligation to provide for
emergency medical services in
Boundary County,
Idaho;
and,
WHEREAS:
The Board of County Commissioners
received a request for interim and temporary
funding from the Boundary County Ambulance
Service District, as the ability of the Boundary
County Ambulance Service District to levy taxes,
assess fees, or receive income will not commence
in a timely manner to provide for the cost of
the same; and;
WHEREAS:
The Board of County Commissioners has
acknowledged an existing contract entered into
with Boundary Volunteer Ambulance, Inc. which
shall be the service provider through the
Boundary County Ambulance Service District; and,
WHEREAS:
Boundary County has sufficient
excess funds in reserve for the Landfill Closure
Account, a trust fund account to provide an
interim loan and extension of funding to
Boundary County Ambulance Service District; and,
WHEREAS:
Boundary County Ambulance Service
District has proposed a Promissory Note which
provides for such interim funding and lending,
together with payment of interest, which is
attached and incorporated herein.
NOW,
THEREORE, BE IT RESOLVED THAT:
The Board of County Commissioners of
Boundary County, Idaho, pursuant to the
authority and power granted by Idaho Code Title
31, as a necessary and reasonable expenditure
for public safety and protection, does hereby
approve and adopt the Promissory Note attached
hereto and incorporated herein from Boundary
County Ambulance Service District, and does
hereby find the terms and conditions set forth
therein to be lawful and reasonable.
BE IT FURTHER
RESOLVED THAT:
The Boundary County Board of
Commissioners shall sign and execute this
Resolution and the attached and incorporated
Promissory Note.
BE IT FURTHER
RESOLVED THAT:
The Boundary County Board of
Commissioners shall direct and instruct the
payment of said funds through the Clerk/Auditor
and Treasurer of Boundary County to the Boundary
County Ambulance Service District in accordance
therewith and in such sums and upon such
schedule as set forth.
BE IT FURTHER
RESOLVED THAT:
Upon the adoption and execution of this
Resolution, the same shall be recorded by the
County
Recorder
in the Records of Boundary County, Idaho.
BE IT FURTHER
RESOLVED THAT:
This Resolution shall be in full force
and effect upon its adoption by the Board of
County Commissioners of Boundary County, Idaho,
in a regular meeting of the Board, and upon its
recording as set forth above.
ADOPTED
AND
APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF
BOUNDARY COUNTY,
IDAHO
on the 4th day of September, 2012.
s/__________________________________
RONALD R. SMITH, Chairman
s/__________________________________
DAN R. DINNING, Commissioner
s/____________________________________
WALT KIRBY, Commissioner
ATTEST:
s/___________________________________________________
CLERK OF THE BOARD OF
COUNTY
COMMISSIONERS
Recorded as
instrument #254982
Commissioner Dinning moved
to approve the content in the body of the
Promissory Note for the amount of $80,000, and
this note will be made with Boundary County
Ambulance Service District. Commissioner Kirby
second. Motion passed unanimously.
Commissioner Dinning moved
to recess as the Board of County Commissioners
and convene as the Board of the Boundary County
Ambulance District. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to adopt Resolution #2012-39. A resolution of
the Board of Commissioners of Boundary County
Ambulance Service District; approving promissory
note; approving borrowing of funds from Boundary
County, Idaho; and providing for the effective
date of this resolution. Commission Kirby
second. Motion passed unanimously.
Chairman Smith said the
Promissory Note states borrowing funds will
occur in two installments of $40,000. The first
installment made on
October 1, 2012 and the second
installment made on January 1, 2013.
Commissioner Dinning moved
to sign the Promissory Note proving the
borrowing of funds. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to adjourn as the Board of the Boundary County
Ambulance District and reconvene as the Board of
Boundary County Commissioners. Commissioner
Kirby second. Motion passed unanimously.
Clerk Poston left the
meeting at 2:15 p.m.
Commissioners tended to
administrative duties.
2:43 p.m., Clerk Glenda Poston and
Assessor Dave Ryals joined the meeting at
Commissioners’ request. Chairman Smith asked
Clerk Poston and Assessor Ryals if they had
received a letter pertaining to eliminating
personal property taxes. The letter requests the
amount of funding the County will lose by not
receiving personal property taxes. Assessor
Ryals said State Tax Commission Rep Allen
Dornfest sent him a letter with a copy to Idaho
State Senator Brent Hill.
Commissioner Dinning moved
to accept Caleb Davis to the Planning and Zoning
Commission replacing Dan Studer and the term
will expire July 2014. Commissioner Kirby
second. Motion passed unanimously.
Assessor Ryals left the
meeting at 2:50
p.m.
3:00 p.m., Clerk Glenda
Poston and Snowmobile Board Chairman Jeff
Urbaniak joined the meeting to discuss repairing
the damage to the snowmobile park shelter and
restroom.
Chairman Smith said at the
last meeting the discussion was what to do for
repairs to the snowmobile warming shelter and
restroom. There is approximately $30,000 from
the insurance company for the repairs and that
figure is less the deductible. The question is
what to do with the structure. Mr. Urbaniak said
it is best to rebuild the shelter and restroom
because there might not be another shelter if
this is one is not repaired.
Commissioner Dinning said
repairs will depend on the quotes that come in
to fix the damage. Chairman Smith said he feels
there could be changes made such as upgrades to
the restroom. Mr. Urbaniak said there is a vault
in the center of the restroom building that gets
pumped out. It is a concrete vault and not a
septic system.
Clerk Poston said the new
restroom at the Deep Creek boat launch is a new
style of toilet and the shelter is made of
concrete. The current structure at the
snowmobile park is made of wood. It was said
what the County wants done to the shelters needs
to be identified in writing. Mr. Urbaniak said
the only bad thing about the restrooms had been
the toilet seats. County maintenance Jerry Kothe
said the current seats needed to be fixed, but
there isn’t a new seat that would match the
older pedestal. Commissioner Dinning said we
need to get a list of what needs to be done and
in regards to the shelter; it needs to be
restored to its original integrity. Chairman
Smith said the list needs to be specific and he
reviewed the paperwork generated to date.
The meeting with Clerk
Poston and Mr. Urbaniak ended at
3:30 p.m.
There being no further
business, the meeting adjourned at
4:00 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy
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