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***Monday,
March 04, 2013, Commissioners met
in regular session with Commissioner LeAlan
Pinkerton, Commissioner Walt Kirby and Deputy
Clerk Michelle Rohrwasser. Chairman Dan Dinning
was out of the office attending the Magistrate
Commission Recruitment meeting in Coeur d’ Alene.
Clerk Glenda Poston joined
the meeting.
Commissioner Pinkerton
moved to appoint Commissioner Kirby Acting
Chairman in the absence of Chairman Dinning.
Commissioner Kirby second. Motion passed
unanimously.
9:00 a.m., Road and Bridge
Superintendent Jeff Gutshall met with
Commissioners to give a departmental report. Mr.
Gutshall presented a written report.
Mr. Gutshall said he’s been
working on load permits since there is still
frost. Mr. Gutshall spoke of work hauling more
rock to Green Pasture
Road
and getting ready to clean under various
guardrail sections. Road and Bridge will begin
to broom and grade roads as they dry out and Mr.
Gutshall said he may actually open some roads
this week. This will be an early opening for
some roads.
Mr. Gutshall said the bid
results for consultants have been received for
the Deep
Creek Bridge
#2 Project. Mr. Gutshall said the winning bid
was out of Washington
State and it is high compared to
Bridge #2, but it is still under the engineer’s
estimate. Mr. Gutshall said Commissioner
Pinkerton will help review these proposals on
Thursday at the Road and Bridge Shop. Two
representatives from the Local Highway Technical
Assistance Council (LHTAC) will also be present
for the review.
Mr. Gutshall said 300 feet
of dewatering for Deep Creek Loop has been
proposed. Federal Highways doesn’t like to
mitigate, but instead they will repair what
damage had occurred. Mr. Gutshall said he
doesn’t know how much of Deep Creek Loop Federal
Highways will repair, but the county will let
them do what they will do.
Mr. Gutshall said his line
item for professional services is unusual at the
moment. After years of Road and Bridge projects
being way behind the projects have been moved
up. When the funds do come back to the county
the county will adopt a resolution to put those
funds back into the Road and Bridge budget.
Clerk Poston explained that this is not an
unusual process for the county to follow. Mr.
Gutshall said usually there are hold ups with
the projects, but this time the projects are
moving along. Mr. Gutshall said he won’t be able
to start working on
Deep
Creek Bridge
#2 until July, but you still never know. This
project will consist of closing the roads, but
it should be completed in approximately 60 days.
Commissioner Pinkerton
asked about road sign work. Mr. Gutshall said
that consists of replacing signs that have been
stolen or defaced. Mr. Gutshall said if the same
post hole can be used, it’s not a big deal, but
if another hole has to be dug, a utility locate
also has to be done. Mr. Gutshall explained that
for a stop sign he cannot wait for a two day
utility locate before installing this sign.
Commissioner Pinkerton said he has seen a lot of
road signs lying down. Mr. Gutshall said
replacing signs actually costs a lot of money so
he hates to see signs stolen or vandalized.
The meeting with Mr.
Gutshall ended at
9:20 a.m.
Commissioners tended to
administrative duties and discussed maintenance
issues needing tending to.
9:30 a.m., Courthouse Maintenance
Jerry Kothe joined the meeting to give his
departmental report. Mr. Kothe presented a
written report.
Mr. Kothe said he replaced
the fawcett in the Extension Office. Mr. Kothe
discussed damage to Memorial Hall that had
occurred. Clerk Poston said Wayne Crawford, who
is the insurance adjuster for Idaho Counties
Risk Management Program (ICRMP) has been
notified of what occurred and Deputy Clerk Chris
Wolfe has the written documentation for
submittal to ICRMP. Commissioner Pinkerton said
this is not a big issue as it’s something the
insurance company of the person who caused the
damage will take care of.
Acting Chairman Kirby said
Judge Buchanan’s new desk arrives this week so
the existing desk needs to be removed, but it
first has to be declared surplus with the
Clerk’s Office prior to disposal.
Acting Chairman Kirby said
he was notified the women’s restroom needs
painted. Mr. Kothe said he will do what he can
because once it’s springtime he will be working
for the Parks and Recreation Department.
The meeting with Mr. Kothe
ended at 9:55
a.m.
9:55 a.m., Solid Waste Superintendent
Claine Skeen and Assistant Superintendent Monica
Tompke joined the meeting to give a department
report.
Mr. Skeen updated
Commissioners on the statistics for recycling
and said he hasn’t seen any reduction in the
recycle program and wood debris removal.
Mr. Skeen provided
Commissioners with a brief update on the
proposed Moyie Springs dumpster site. Chairman
Dinning was to talk to Damon Allen with the
Idaho Transportation Department to see if the
county could initially lease the subject
property and also talk to a congressperson to
see if the State of Idaho
could actually transfer their property in Moyie
Springs to the county. Mr. Skeen said he would
like to get that process going and he has
funding in his budget to get electricity to the
site, etc., and there is no cost for recycle
containers. Mr. Skeen said he can construct a
building and use existing employees to cover
that site, which would be open seven days per
week.
Mr. Skeen presented
Commissioners with quotes for baling metal and
explained that funds raised from recycling metal
is revenue for the county. Glen McClellan, owner
of L&S Enterprise, provided a quote of $186 per
ton and cost for transportation is included. Mr.
McClellan’s bid was the best bid received. Mr.
Skeen said he has talked to Road and Bridge
Superintendent Jeff Gutshall about hauling baled
metal and there should be no issue with hauling
baled metal from the landfill. The process of
baling metal should take approximately one
month.
Mr. Skeen and Commissioners
discussed the matter of people wanting to
salvage items from the landfill. Mr. Skeen said
he has not had an issue when someone wants a
piece off a washer, dryer or lawnmower, or when
occasionally he may get someone who wants a
piece of wood for a chicken coop, but someone
has contacted Commissioners about salvaging and
documenting it. Mr. Skeen said it costs the
county to dispose of tires, but at times people
have wanted the tires to use for retaining
walls.
Mr. Skeen said his question
is what do Commissioners want him to do about
that? Acting Chairman Kirby said he just wants
Mr. Skeen to be the manager at the landfill and
take care of things the best way he feels and
that Commissioners don’t want to stir it up by
making a rule that can’t be enforced. Mr. Skeen
said with the documentation on this issue and
the person who has made contact about this, it
has become somewhat of harassment for his
employees and himself.
Commissioner Pinkerton
asked about what direction Mr. Skeen would like
to go with salvaging. Mr. Skeen said he has no
issue with what has been going on, but he
questioned where the line is drawn that
salvaging is allowed or that no one is allowed
to salvage. Mr. Skeen said his staff likes to be
notified if there is something in a pile that a
person would like. Commissioner Pinkerton
suggested a form be drafted with rules as to
what and how items can be salvaged to include
instructions that climbing on the piles is not
to be allowed. Mr. Skeen said he wants the
harassment and vulgarity from a particular
person to cease.
Clerk Poston asked about
keeping documentation of the metal pile to have
on file. Mr. Skeen said he has been keeping
documentation and taking pictures. Clerk Poston
said she is just looking at it from a liability
standpoint.
Mr. Skeen discussed having
a possible new water system at the monitored
sites. Currently the monitored sites receive
water from Culligan at a cost of approximately
$60 to $70 per month. Ivan Wedel has informed
Mr. Skeen of a different water system for the
monitored sites. The cost of the machine will be
$5,000 but the cost will be better in the long
run as opposed to the current service and as
many gallons as is wanted can be produced.
Commissioners asked Mr. Skeen to talk to other
customers who use this service.
The meeting with Mr. Skeen
and Ms. Tompke ended at
10:15 a.m.
Commissioners tended to
administrative duties.
10:30 a.m., Chief Probation Officer
Stacy Brown joined the meeting to give a
departmental report. Ms. Brown briefly discussed
the possibility of renting more office space in
the Post Office Building.
Ms. Brown informed
Commissioners there are 14 new juveniles waiting
in the wings to enter the probation program. The
Youth Accountability and Diversion Programs
already have 16 cases when it’s usually or seven
or eight in one month’s period. Part of the
reason for the higher number is related to
taking in truancies, curfew related issues, etc.
There are 62 people on misdemeanor probation and
the crimes are still primarily alcohol related.
The number of those on unsupervised probation is
243, which is down significantly. Recidivism is
unknown for unsupervised probation, according to
Ms. Brown. There are several people on probation
for second and third driving under the influence
(DUI) offenses.
Chief Probation Officer
Stacy Brown informed Commissioners one of her
probation staff members had received their Peace
Officer Standards and Training (POST) teaching
certificate.
Ms. Brown said she is
looking into a grant through the Idaho State
Police for a scram device. This is a device worn
on the ankle and it monitors alcohol consumption
through body oils, etc. Ms. Brown said the
amount of the grant is $150,000 and as she
understands there is no grant match owed by the
county.
Commissioners, Clerk Poston
and Ms. Brown discussed funds expended by
Boundary
County’s Probation Department as it
relates to teaching certifications and related
travel for State probation courses. Ms. Brown
explained what her participation is in the three
week training course. Commissioner Pinkerton
mentioned that
Boundary
County is carrying the load and cost
for the rest of counties in the state.
Commissioner Pinkerton said it’s great to be a
part of the academy, but
Boundary
County shouldn’t carry the load as
other counties should help carry that cost to
have someone who is trained who can provide
instruction to their counties. Clerk Poston said
there shouldn’t be a burden on the county that
has a person trained and certified that also
provides training to other counties. The travel
expenses should not be the issue of the county
sending the person trained to be an instructor.
Ms. Brown briefly discussed
her department and said she feels her employees
are of extreme high quality.
The meeting with Ms. Brown
ended at 10:55
a.m.
11:00 a.m., Restorium Administrator
Karlene Magee and Assistant Administrator Jeri
Witt joined the meeting to give a departmental
report. Ms. Magee said staffing is good. The
Restorium is currently housing 33 residents with
34 rooms rented. Ms. Magee said it’s possible to
have another room rented in approximately two
weeks. Acting Chairman Kirby said there is
always one room left empty.
Commissioner Pinkerton
voiced his feelings about one resident who is
renting two rooms and how that could be an
injustice to someone who is on a waiting list to
rent a room. It’s not serving the community as
well to rent two rooms to one resident as it
would be to open up one of those rooms for a new
resident. Ms. Magee said she hasn’t run into
that situation as of yet where it has been an
issue.
Those present discussed the
issue with flooring in one of the Restorium’s
hallways. Acting Chairman Kirby said the
County’s Chief Deputy Prosecutor or
Commissioners could write a letter to the
company who installed the floor. Clerk Poston
said her suggestion would be for Commissioners
to visit the Restorium along with the owners of
flooring company. Ms. Witt said the flooring is
a problem and the edges are currently taped
down. Ms. Magee and Ms. Witt said the issue
could’ve been that the owner of the flooring
company was not present to do the job and the
two people who did the work seemed to be
inexperienced. Clerk Poston suggested Ms. Magee
keeps records of when she has contacted the
flooring company.
The meeting with Ms. Magee
and Ms. Witt ended at
11:20 a.m.
Chief Probation Officer
Stacy Brown stopped by Commissioners’ Office
briefly to inform them of new information about
the potential to lease office space. Ms. Brown
left the meeting at
11:30 a.m.
There being no further
business, the meeting recessed until tomorrow at
9:00 a.m.
***Tuesday,
March 5, 2013, Commissioners met
in regular session with Chairman Dan Dinning,
Commissioner LeAlan Pinkerton, Commissioner Walt
Kirby and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Craig Wheatley with E.C.
Enterprises joined the meeting to discuss the
County airport’s expansion project and the
adopted Boundary County Ordinance. Bonners Ferry
Herald Reporter Laura Roady also joined the
meeting.
Mr. Wheatley thanked
Commissioners for their time and service to the
community. Mr. Wheatley said he was not meeting
with Commissioners in an adversarial position
and that he and his wife are proponents of the
airport. Mr. Wheatley said he and his wife are
licensed pilots and are enthusiastic to see the
airport grow. Mr. Wheatley said he would like to
reach a solution with Commissioners to expand
the airport while not impacting his business.
Mr. Wheatley described the 22 acres of property
he owns in the industrially zoned area along
with a contiguous approximately one and one
quarter acre piece of property with a 7,500
square foot building. Mr. Wheatley said he and
his wife have a machine shop manufacturing
facility and employ 16 county residents.
Mr. Wheatley said he had
obtained a county issued building permit and has
already spent $35,000 on site preparation to
include drainage improvements and level work.
Prior to the current Zoning Ordinance adopted
over one year ago the airspace height was 35
feet. Former Planning and Zoning Administrator
Mike Weland had also stated the minimum height
allowance was 35 feet. The boundary line is now
pushed out 1,200 feet, which has moved the
airspace that much further into Mr. Wheatley’s
property.
Mr. Wheatley said in
looking at the map on Page 2 a small piece of
property had previously been purchased near his
property for the runway. The second thing that
happened is that the airport has received a
Federal Aviation Administration (FAA) approved
instrument approach at the south end whereas the
north end of the runway has a visual approach,
which is a 21 to 1 requirement. Mr. Wheatley
explained the meaning of the 21 to 1 approach.
At that time the county
used a lot of overlays, which is where the 35
foot height requirement came from. The new
Ordinance restricted the requirement to a 40 to
1 approach so now you have to go out 40 feet in
order to increase the height by one foot. At the
time the Ordinance was being enacted the runway
had still not expanded. Mr. Wheatley said
although the runway length had not changed the
impact to his property is profound. Only a small
portion of the southwest portion of Mr.
Wheatley’s property can be built. Mr. Wheatley
said he’s in an industrially zoned area now, but
he now can’t build anything other than a very,
very small pyramid.
Mr. Wheatley said Page 2 of
the information he brought in is based on the
current runway for an instrument approach and it
is well beyond 30 to 40 feet into his property.
Mr. Wheatley said when the airport adds the
additional proposed runway that will push the
airspace by an additional one quarter of a mile
into his property and nowhere on his property
could he proceed to build beyond a certain
number of feet. A person can’t build in an
industrial area with those height restrictions.
Mr. Wheatley said the end
result is that the county increased airspace to
accommodate an instrument approach and runway
when there hadn’t been funding and that occurred
at his expense. Mr. Wheatley said he needed to
build on his property and now he couldn’t sell
this property due to the height restriction on
building. Mr. Wheatley said while he’s in
agreement that airspace needs protection, the
county should’ve purchased property for this.
Mr. Wheatley said he has attended numerous
Airport Board meetings and he had just been told
the process is to apply for grants for the
purchase of his land, and now it has been over
one year since the Ordinance has been adopted.
Mr. Wheatley said he hadn’t even been interested
in selling his property. The matter is like
telling a county resident they can’t live in the
upstairs in their house any longer. The property
was originally purchased with the 35 feet height
requirement and now the county has deprived
someone of that use. Mr. Wheatley said it’s been
one year since the airspace has been taken and
he cannot expand his business. The county
advocates bringing in business, but in this case
the county has encumbered the business.
The airport anticipated to
get a grant in order to purchase property for
the airport. Mr. Wheatley said the current
proposal from the engineering firm is for
property acquisition and his property is already
listed for condemnation for the airport. Rather
than condemn the county should plan to relocate
him away from the airport along with other
property owners affected by the expansion. Mr.
Wheatley said it has always been he and his
wife’s plan to expand their business and they
have been unable to find property with similar
benefits to his current property. Mr. Wheatley
said he’s not against selling land for airport
expansion, but there is nowhere else for his
business to go and he questioned how long will
it be before he can see compensation? Mr.
Wheatley said he hopes there are funds to
purchase property and have the Airport Board do
the right thing and relocate his business.
Commissioners informed Mr.
Wheatley they completely understand his position
and they are going through the process of
appraisal and after that is completed they will
contact him with the results of that appraisal.
Chairman Dinning said Mr. Wheatley mentioned
relocation and purchase and the county is going
through the process as fast as can be done, but
the engineering firm, JUB Engineering, has to
follow the proper steps according to federal
regulations. No one is dragging anything out,
according to Chairman Dinning.
It was said Mr. Wheatley’s
business is a good business and it’s a good
thing to have here. Once the appraisal process
is done, the county can start negotiations.
Commissioners are not here to drag this out and
have expressed to the Airport Board to move as
fast as federal process allows. Mr. Wheatley
said he agrees and has no problem with that, but
the problem is the county took his airspace
without condemnation, etc., or talking to him
about it. There is no other area in the Three
Mile area with the utilities needed, according
to Mr. Wheatley. Mr. Wheatley said he can’t stay
where he is or in the building his business is
in so where will they go.
Mr. Wheatley said there are
two issues the county rolls into one. The first
issue is that the county has already taken
airspace and limited the ability to expand and
doesn’t even have the funds yet. The county has
said to wait for funding, but the space has
already been taken. Mr. Wheatley said he
continues to go to Airport Board meetings and
the board members just smile. The airspace needs
to be addressed. Mr. Wheatley said the county,
not the federal government, took his land and is
responsible. Chairman Dinning said he
understands the appraisal and process and when
that is completed, he can see if that is
adequate for concerns then have an ability to
negotiate. Chairman Dinning said he can’t say
anything other than that.
Mr. Wheatley asked if the
county would condemn anyone else’s property
without any proceedings and he added if the
county doesn’t get funding, he has already been
impacted. Mr. Wheatley said JUB Engineering is
already listing as obtaining property by
condemnation. Mr. Wheatley said he’s trying to
be as patient as can be and for the airport to
move to condemnation. The airport doesn’t even
have a map of how much property of his the
airport wants and the old map the airport was
using is no longer valid, according to Mr.
Wheatley. The airport had an environmental
assessment done on his entire property. It’s
been one or one and one half years that an
expensive industrial property has been
encumbered. Mr. Wheatley said he’s trying not to
waste his time and money or county time and
money in litigation, but he can’t continue to
have restrictions on airspace and property he
can’t use and it forces him to a hard line
position. Mr. Wheatley likened the situation to
going to a restaurant, eating the meal and not
being able to pay for it. The county took his
land and hasn’t paid for it and that is what Mr.
Wheatley said he has a problem with.
Mr. Wheatley said it’s
already been over one year so how long is it
reasonable for him to let the process go when
he’s the only one financially impacted. The
airport and Commissioners have not had to spend
a penny. Mr. Wheatley questioned how many more
months is it reasonable to then let the courts
decide. Commissioner Pinkerton said he couldn’t
answer that, but he feels Mr. Wheatley has been
patient and reasonable. Commissioner Pinkerton
said he doesn’t know the process, but he
believes the county and Airport Board are doing
the best they can. Commissioner Pinkerton said
from his standpoint, it is overwhelming and he
understands Mr. Wheatley’s frustration.
Mr. Wheatley said this
creates bad personal and financial positions and
he’s trying to avoid telling his lawyers that
he’s hit a dead end. Mr. Wheatley said he is
confident a court would feel this is a
compensatory act. If the county can’t pay for
his land, either rescind the ordinance or pay
for the land. If the ordinance is rescinded, the
airport is in terrible peril and could lose
grants. Mr. Wheatley said this is a mess for
everyone and not once was there any agreement
the airspace was restricted and there has been a
taking. There hasn’t been communication
forthcoming as to a resolution.
Commissioner Pinkerton
asked Mr. Wheatley if he had a solution of his
own and Mr. Wheatley said the solution is that
all parties not be injured. First is to have
dialogue that is not through the attorney. Mr.
Wheatley said he finds it insulting for his
property to be acquired this way. The Airport
Board has to realize they are not just buying a
field; it’s buying a business so they need to
relocate his business. Then becomes the problem
if the county or FAA can afford to move him, but
getting the funds becomes the county’s problem.
Mr. Wheatley said he is pro
airport, but the county should say they will do
whatever they can to support his business.
Commissioner Pinkerton said not to disagree as
he believes Mr. Wheatley’s business is very
valuable and it should expand, but Mr. Wheatley
referred to a company already making a decision
for the condemnation process when the Airport
Board probably doesn’t have the ability to make
that decision on their own. That process is not
on the table at this point, according to
Commissioner Pinkerton. Commissioner Kirby said
he wanted to reinforce that for this Board of
Commissioners condemnation is a word that has
been mentioned more today than in the last eight
years and condemnation has not been considered
in any case. The Commissioners are right at the
bitter end of all the processes. Commissioner
Kirby said the county is right at the cusp of
solving this, but to say how many days, weeks or
an appropriate time for a deadline puts someone
in a hard spot.
Commissioner Pinkerton said
he agrees with Mr. Wheatley’s frustration as he
is a great believer in someone’s rights to their
land. Commissioners will do what they can to
ensure that Mr. Wheatley’s business will
flourish and he is very hopeful that is what
will happen. Commissioner Pinkerton said he
would hope to get to the end of the process
sooner rather than later and to also make it
acceptable for Mr. Wheatley. Mr. Wheatley
thanked Commissioner Pinkerton and said he also
agrees to that. Mr. Wheatley said it would go
along way to have a better line of communication
than go through attorneys and to have the
Airport Board ignore him. It would also go a
long way to have a map and for Commissioners not
to dispel that there hasn’t been a taking. Mr.
Wheatley said he finds it insulting that he has
to continue stating there has been a taking and
if anyone else had injury to their land, they
would be screaming bloody murder. If another
person had not been pro airport or had not been
pilots, the issue would’ve gone to court by now.
Mr. Wheatley said he would like to have an
agreement that there has been a taking and to
work towards the FAA providing funds. The county
through its attorney has totally denied there
has been a taking. Mr. Wheatley said he found
the letter from the county attorney to be
arrogant and totally out of line. Mr. Wheatley
said he would like a good faith declaration from
Commissioners and the Airport Board that he and
his wife have been patient and that they do not
wish to hamper business, but so far it has been
the opposite.
Mr. Wheatley said he
appreciated Commissioners’ time and added that
he doesn’t know what will become of this matter.
Mr. Wheatley said he will attend the Airport
Board meeting and express encouragement in the
process. Mr. Wheatley said he and his wife like
their land the way it is, but if not, the
solution is for him not to pay for the meal
Commissioners already ate.
The meeting with Mr.
Wheatley ended at
9:45 a.m.
Commissioner Pinkerton
moved to adopt Resolution 2013-16. A resolution
transferring remaining funds in the Airport
Grant budget to the Airport budget. Commissioner
Kirby second. Motion passed unanimously.
Resolution #2013-16 reads as follows:
RESOLUTION 2013-16
TRANSFER REMAINING FUNDS IN THE AIRPORT
GRANT BUDGET TO THE AIRPORT BUDGET
WHEREAS, the Board of County
Commissioners, County of Boundary, State of
Idaho, did establish operating budgets for the
fiscal year 2012-2013 Airport Budget and Airport
Grant Budget, and
WHEREAS, Airport Improvement Projects
Number 3-16-0004-010 and Number 3-16-0004-011
have been completed and there remains a cash
balance of $5,572.21 in the Airport Grant
Budget, Fund Number 62, and
WHEREAS, Boundary County expended funds
out of the Airport Budget, Fund Number 03, to
cover the State of Idaho’s share of the grant
match because the State was not timely in
providing reimbursement to the County, and
WHEREAS, since there are no more expenses
to be paid out of the Airport Grant Budget, Fund
Number 62, under Airport Improvement Projects
Number 3-16-0004-010 and Number 3-16-0004-011
and there is a cash balance of $5,572.21
remaining due to the State of Idaho reimbursing
Boundary County for the State’s share of the
grant match and it is appropriate to transfer
those remaining funds to the Airport Budget,
Fund Number 03, and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County,
and
NOW THEREFORE, upon motion duly made,
seconded and unanimously carried,
IT IS RESOLVED that the transfer of
$5,572.21 from the Airport Grant Budget, Fund
Number 62, to the Airport Budget, Fund Number
03, thereby increasing Airport Revenue Budget,
Account Number 03-00-391-00 is hereby authorized
and ordered, and
IT IS FURTHER RESOLVED that the Clerk is
instructed to deliver certified copies of this
resolution to the Boundary County Treasurer and
the Boundary County Auditor.
DATED this 5th day of March, 2013
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/________________________________
Dan R. Dinning, Chairman
s/_________________________________
LeAlan L. Pinkerton, Commissioner
s/_________________________________
Walt Kirby, Commissioner
ATTEST:
s/__________________________________________________
Glenda Poston, Clerk of the Board of
County
Commissioners
Recorded as
instrument #256697
Commissioner Pinkerton
moved to adopt Resolution 2013-17. A resolution
increasing the Airport Fund budget due to
receipt of unanticipated revenue. Commissioner
Kirby second. Motion passed unanimously.
Resolution #2013-17 reads as follows:
RESOLUTION 2013-17
INCREASING THE AIRPORT FUND BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
WHEREAS, the Board of County Commissioners,
County of Boundary, State of Idaho, did
establish an operating budget for the Boundary
County Airport Fund for fiscal year 2012-2013,
and
WHEREAS, Boundary County had been renting
a tractor from Papé Machinery, Inc. for use at
the Boundary County Airport and the Boundary
County Board of Commissioners has decided it is
in the best interest of the County to enter into
a lease purchase agreement for equipment needed
at the Airport; and
WHEREAS,
Boundary
County
overpaid for rental of the tractor and a refund
on the equipment rental has been received from
Papé Machinery, Inc., and
WHEREAS, the Boundary County Airport Fund
is in need of additional revenue for fiscal year
2012-2013, and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County,
and
WHEREAS, it is appropriate to increase
the Boundary County Airport Budget Revenue
Account Number 03-00-0391-0021 and the Airport
Budget Expense Account Number 03-00-519-00,
Rent-Tractor, in the amount of $1,000.00.
NOW THEREFORE,
upon motion duly made, seconded and unanimously
carried,
IT IS RESOLVED, that the increase to the
Boundary
County Airport Budget Revenue Account Number
03-00-0391-0021 and the Airport Budget Expense
Account Number 03-00-519-00, Rent-Tractor, in
the amount of $1,000.00 is
hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is
instructed to deliver certified copies of this
resolution to the Boundary County Treasurer and
the Boundary County Auditor.
DATED this 5th day of March, 2013
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/________________________________
Dan R. Dinning, Chairman
s/_________________________________
LeAlan L. Pinkerton, Commissioner
s/_________________________________
Walt Kirby, Commissioner
ATTEST:
s/___________________________________________________
Glenda Poston, Clerk of the Board of
County
Commissioners
Recorded as
instrument #256698
Commissioner Pinkerton
moved to adopt Resolution 2013-18. A resolution
increasing the Current Expense Fund Courthouse
budget due to receipt of unanticipated revenue.
Commissioner Kirby second. Motion passed
unanimously. Resolution #2013-18 reads as
follows:
RESOLUTION 2013-18
INCREASING THE CURRENT EXPENSE FUND COURTHOUSE
BUDGET
DUE TO RECEIPT OF UNANTICIPATED REVENUE
WHEREAS, the Board of County Commissioners,
County of Boundary, State of Idaho, did
establish an operating budget for the Boundary
County Current Expense Fund Courthouse Budget
for fiscal year 2012-2013, and
WHEREAS,
Boundary
County
has received reimbursement in the amount of
$2,473.00 for the courthouse lighting upgrade
from the City of
Bonners Ferry;
and
WHEREAS, the Boundary County Current
Expense Fund Courthouse Budget is in need of
additional revenue for fiscal year 2012-2013,
and
WHEREAS, the addition of this revenue
does not affect the tax levy for
Boundary
County,
and
WHEREAS, it is appropriate to increase
the Boundary County Current Expense Fund
Courthouse Budget Revenue Account Number
01-00-0391-0004 and the Courthouse Budget
Expense Account Number 01-10-808-00,
Capital-Building Improvements, in the amount of
$2,473.00.
NOW THEREFORE,
upon motion duly made, seconded and unanimously
carried,
IT IS RESOLVED, that the increase to
the
Boundary County Current Expense Fund Courthouse
Budget Revenue Account Number 01-00-0391-0004
and the Courthouse Budget Expense Account Number
01-10-808-00, Capital-Building Improvements, in
the amount of $2,473.00 is
hereby authorized and ordered, and
IT IS FURTHER RESOLVED that the Clerk is
instructed to deliver certified copies of this
resolution to the Boundary County Treasurer and
the Boundary County Auditor.
DATED this 5th day of March, 2013
COUNTY
OF
BOUNDARY
BOARD OF
COUNTY
COMMISSIONERS
s/_______________________________
Dan R. Dinning, Chairman
s/________________________________
LeAlan L. Pinkerton, Commissioner
s/________________________________
Walt Kirby, Commissioner
ATTEST:
s/_________________________________________________
Glenda Poston, Clerk of the Board of
County
Commissioners
Recorded as
instrument #256699
Chairman Dinning said the
Assessor’s Office had received a Property Tax
Exemption Application for the Thomason
Scholarship Foundation. This is an application
that has been reviewed and approved by Assessor
Ryals as it meets the criteria for the
exemption.
Commissioner Kirby moved to
approve the Property Tax Exemption Application
for parcel #RP62N01E170011A for the Thomason
Scholarship Foundation. Commissioner Pinkerton
second. Motion passed unanimously.
Commissioner Pinkerton
moved to approve the minutes of February 25 &
26, 2013. Commissioner Kirby second. Motion
passed unanimously.
9:50 a.m., Commissioner
Kirby moved to go into executive session under
Idaho Code #67-2345(1),b to consider the
evaluation, dismissal or disciplining of, or to
hear complaints or charges brought against, a
public officer, employee, staff member or
individual agent, or public school student.
Commissioner Pinkerton second. Commissioners
voted as follows: Chairman Dinning “aye”,
Commissioner Pinkerton “aye” and Commissioner
Kirby “aye”. Motion passed unanimously. 9:58
a.m., Commissioner Kirby moved to go out of
executive session. Commissioner Pinkerton
second. Motion passed unanimously.
10:00 a.m., Treasurer Jenny
Fessler joined the meeting.
Commissioners recorded the
following motion to extend the date of the tax
deed hearing.
Commissioner Kirby moved to
extend the date of the tax deed hearing for year
2009 taxes until March 19, 2013 at 10:00 a.m.
Commissioner Pinkerton second. Motion passed
unanimously.
Commissioner Pinkerton
moved to amend the prior motion regarding the
property tax cancellation for parcel
#PP62N02E187652A to reflect the corrected amount
of tax to cancel as $68.14. The penalty amount
of $10.68 that had been cancelled in the prior
motion was correct.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Pinkerton
moved to grant an extension of time to pay year
2011 and year 2012 taxes on parcel
#MH61N01W25615AA until August 30, 2013.
Commissioner Kirby second. Motion passed
unanimously.
Commissioner Pinkerton
moved to grant an extension of time to pay year
2009 taxes for parcel #RP60N01W244050A until May
15, 2013. Commissioner Kirby second. Motion
passed unanimously.
10:05 a.m., Cabinet
Mountain Water Association Representative Mike
Klaus joined the meeting.
Mr. Klaus presented
Commissioners with a copy of an easement granted
to the Cabinet Mountain Water District by
Boundary
County for a water reservoir. Mr.
Klaus said Cabinet Mountain Water District does
have sufficient water at its three tank sites
and one end of Paradise
Valley Road
is the location of one of those sites. The
easement presented is for one of those sites,
according to Mr. Klaus. Mr. Klaus said page 3 of
the information he presented is a picture of the
easement and the power line in the picture goes
to the top of Black
Mountain. Cabinet
Mountain Water District has leased the site
perpetually from
Boundary
County. A tank was built in year
1995 and the county granted to Cabinet Mountain
Water District a perpetual easement to maintain
the District’s reservoir.
Mr. Klaus said the Water
District would like to find a place to drill a
backup well in an area that is tough to do and
there are no guarantees water will be hit. Mr.
Klaus said he has talked to the Department of
Environmental Quality (DEQ) and they’re happy
with the documents provided. Mr. Klaus said he
wanted to know if Commissioners have a problem
with Cabinet Mountain Water District drilling on
this easement site within the boundaries.
Chairman Dinning said this is referring to a
reservoir so to protect everyone going forward,
something should be done to specifically address
the well and to get permission for that.
Chairman Dinning said he would think to at least
re-clarify this is an agreement to request a
well be drilled in that easement site.
Mr. Klaus questioned if the
Water District’s Attorney Nancy Strickland could
draft an easement for just the well site.
Chairman Dinning said he would think the
document would be similar to redoing the
existing easement to drill within the
boundaries. Mr. Klaus said that would protect
both parties. Chairman Dinning suggested
creating an amendment and reference the current
easement then Commissioners can have the
document reviewed by the county attorney.
Chairman Dinning said he’s
not sure if the county has an easement so he
would be curious what easement the Water
District has. Mr. Klaus said he could find out
from the District Office. Chairman Dinning said
he would like to be sure it has been surveyed.
Cabinet Mountain Water
District Board Member John Martling joined the
meeting at 10:20 a.m.
Mr. Klaus updated Mr.
Martling about having Attorney Strickland draft
documents for a new well.
Those present discussed the
existing well systems of Cabinet Mountain Water
District and questioned if the subject site is
large enough. Mr. Martling said due to terrain
there is only so much usable ground so maybe
more of the usable area could be used. Mr.
Martling asked what the county’s use of that
property would be and Chairman Dinning said
nothing at this time. Chairman Dinning said this
parcel was not tax deeded property, but instead
was purchased with the intention of a possible
gravel pit. It was said the county doesn’t need
this property, but there is a lot of tree value.
Mr. Klaus said he began
working for Cabinet Mountain Water District
approximately four years ago. There is a tank
that was built 60 feet too low and the water
pressure at the junction of four corners and
Kootenai Trail Road
is too low. The area needs a tank that is placed
higher and if he could walk the property, he
might be able to find a higher spot. Cabinet
Mountain Water District spends $3,000 per month
just to pressurize the system since the tank is
too low. If more water volume is reached, it
could really help the fire district as well. Mr.
Klaus briefly mentioned the possibility of
purchasing the ground from the county altogether
whether it’s logged first or to also pay for
value of the timber. The Water District has five
acres at Crossport, but if it had control of
more property, that would be better. Chairman
Dinning said the property would have to be
appraised and then take it from there. Mr. Klaus
said the Water District doesn’t have reserves
for that, but it was just a thought. Chairman
Dinning said it’s good to have these discussions
because if no one does, nobody would think
outside of the box. The County would be remiss
in not helping the Water District, according to
Chairman Dinning. Mr. Klaus said other water
systems are now at the point where they will
require costs for improvements.
The meeting with Mr. Klaus
and Mr. Martling ended at 10:40 a.m.
Commissioners tended to
administrative duties.
11:00 a.m., Rick Fawcett
and Shana Fawcett with Whisper Mountain
Professional Services and Boundary County
Emergency Services Director Dave Kramer joined
the meeting to review the proposed All Hazard
Mitigation Plan. Clerk Glenda Poston and Deputy
Clerk Nancy Ryals were also present.
Mr. Fawcett said
Whisper
Mountain has worked on the hazard flow studies
for both Boundary and Bonner
Counties
and has also updated
Boundary County’s
Emergency Operations Plan. Mr. Fawcett said he
is fairly familiar with
Boundary
County.
Mr. Fawcett informed
Commissioners this is a required meeting with
Commissioners. The Federal Emergency Management
Agency (FEMA) requires the information be
presented and a roster of names at the meeting
be taken. The full information contained in the
All Hazard Mitigation Plan will be presented at
the Local Emergency Planning Committee (LEPC)
meeting tomorrow.
FEMA is moving towards a
whole community approach with emergency
management. There is a need to reduce costs in
the federal government and it’s a lessons
learned from the last 10 years of emergency
management. The plan is to look at the hazards
in a community and then prepare based on those
hazards rather than planning around the worst
case scenario. The goal of the hazard mitigation
program is to save lives and reduce property
damage and to recognize what hazards are in a
community. Mr. Fawcett provided a written
PowerPoint presentation showing a structure
breakdown to identify hazards and
vulnerabilities. The Plan looks hard at
government owned property to include roads,
bridges, communications, power, etc. Also
provided are maps that compare impacted areas.
Wildfire, mud and landslides, and flooding have
been hazards for this community. The county
hasn’t had any big catastrophic fires since the
emergency responders have been able to contain
the fires. Mr. Fawcett briefly mentioned FEMA in
relation to technological disasters in the Plan
and said when there is a natural disaster there
is always a technology issue such as power
outages, hazmat issues, etc.
Mr. Fawcett said he used to
look at hazards as what is worst case scenario,
but it doesn’t tell much for community planning
as worst case may be the most improbable to
happen. Those present reviewed charts of the
Plan to include the hazard analysis process,
historical occurrence, vulnerability and spatial
extent, economic loss, etc. Based on those
things is what risk ranking is based off. FEMA
wanted events listed in the order of high to low
in chart form. The problem is a county can get a
list of improbable events that are ranked high.
Mr. Fawcett said Page 6 of his information shows
a total score for events in
Boundary
County and the highest score is a
17.
Spatial extent is how much
of the community is involved. Severe winter
storm is still #1, but earthquake and
communicable diseases have moved up. A nuclear
event is higher in spatial extent, but is
unlikely. Commissioners and Mr. Fawcett also
reviewed the probability chart in relation to
the Spatial Extent Chart. Also included in the
Plan is a comparison chart to show the total
score and historical occurrence.
Chairman Dinning said the
severe winter storm probability is high in its
vulnerability, but it ranks mid to low on
magnitude.
Mr. Fawcett spoke of the
100 year event in that it really is only a 1%
chance of occurring. The data going further back
is not good and there have been different trends
in climate. Mr. Fawcett reviewed the probability
of specific snowfall levels.
The spatial extent on
flooding was discussed and Mr. Fawcett said he
can model for a stream, but this is for the
Kootenai
River. Chairman Dinning said his
questions are about a 100 year flood plain put
out by FEMA. Boundary
County had a dam built in the 1970’s
so the areas of the 100 year flood plain just
aren’t. It was questioned if the county can
remove an area administratively if it funds a
study.
Boundary County Emergency
Services Incident Director Bob Graham joined the
meeting at 11:20 a.m.
For FEMA to redo a study of
the county, Boundary
County
will be low on the priority list as FEMA would
work on areas of higher populations. Chairman
Dinning said he would rather make the request
than do an entire new study. Mr. Fawcett said if
the county doesn’t get that kind of flooding, it
can do the modeling and turn in that map
request. Mr. Fawcett said flood insurance can be
purchased without having the risk. Hazard
insurance doesn’t cover what the National Flood
Insurance Plan covers, but National Flood
Insurance doesn’t cover contents of a basement
and hazard insurance would so you really need
both.
Mr. Fawcett said if
everything flooded in the flood plain in a
natural seasonal 100 year flood, the cost of the
structural loss would be $1,914,008 and
$2,400,000 in content loss and that is true in
any community. Mr. Kramer listed the various
flood plain areas within the county. Mr. Fawcett
said the thing about models now is you can run
probable scenarios for even just specific areas.
The All Hazard Mitigation
Plan will be reviewed tomorrow and he will ask
Commissioners to approve the risk rankings. A
community survey was done and there was good
participation. Mr. Graham had asked that
everyone in the community be included in the
survey and the Kootenai Tribe’s input will also
be included. The Plan is about 80% done,
according to Mr. Fawcett. Once the Plan is done
the County will want and need projects to put
into the Plan to reduce risk and to protect.
It’s difficult to come to the county and tell
them to get those projects in. The county will
want to get good flooding projects in as those
funds are not tied up in the budget and Mr.
Fawcett mentioned that the Kootenai Tribe has
talked about a possible flood wall along the
Kootenai River Inn.
Mr. Kramer said FEMA
requires a FEMA approved plan that will need
updating in five years. The county’s plan
expired last spring. It was said this had been a
long process until funding had been received and
it would be hard to receive FEMA support if the
All Hazard Mitigation Plan is in an expired
state. The Plan should receive state approval
before going to FEMA for their approval. Mr.
Fawcett said he’s never had a plan kicked back
from FEMA.
Susan Cleverly is the
mitigation personnel with the Bureau of Homeland
Security and she will also hear this
presentation. Mr. Fawcett said
Shoshone County
had a disaster declaration and had $700,000 in
disaster money awarded to them to fix issues so
Boundary County
will want to stay eligible for those post
disaster funds.
Mr. Kramer said he’s tried
to get input from other agencies so if there are
grant funds available, those improvements or
mitigation projects could be listed in the Plan
and those funds could be made available.
The meeting with Mr.
Graham, Mr. Kramer, Mr. Fawcett and Ms. Fawcett
ended at 11:30 a.m.
11:30 a.m., Chief Deputy
Clerk Tracie Isaac joined the meeting.
Commissioner
Pinkerton moved to go into executive session
under Idaho Code #67-2345(1)b, to consider the
evaluation, dismissal or disciplining of, or to
hear complaints or charges brought against, a
public officer, employee, staff member or
individual agent, or public school student.
Commissioner Kirby second. Commissioners voted
as follows: Chairman Dinning “aye”, Commissioner
Pinkerton “aye”, and Commissioner Kirby “aye”.
Motion passed unanimously. 12:00 p.m.,
Commissioner Pinkerton moved to go out of
executive session. Commissioner Kirby second.
Motion passed unanimously.
Commissioners recessed for
lunch at 12:00 p.m.
1:30 p.m., Commissioners
reconvened for the afternoon session with
Chairman Dan Dinning, Commissioner LeAlan
Pinkerton and Deputy Clerk Michelle Rohrwasser.
Commissioner Walt Kirby was out of the office
tending to personal matters.
2:00 p.m., Commissioner
Pinkerton moved to go into executive session
under Idaho Code #67-2345(1)b, to consider the
evaluation, dismissal or disciplining of, or to
hear complaints or charges brought against, a
public officer, employee, staff member or
individual agent, or public school student.
Chairman Dinning yielded the chair to second.
Commissioners voted as follows: Chairman Dinning
“aye” and Commissioner Pinkerton “aye”. Motion
passed unanimously. 3:00 p.m., Commissioner
Pinkerton moved to go out of executive session.
Chairman Dinning yielded the chair to second.
Motion passed unanimously.
3:00 p.m., Courthouse
Custodian Jim Thompson joined the meeting.
Mr. Thompson asked what the
budget is for a part time helper. Chairman
Dinning said there is no budget for that. Mr.
Thompson asked what is in the budget to make him
a department head and he said he asks this
because he does the duties that other department
heads do. The recycling in some of the
Courthouse offices isn’t being done, people have
mentioned the men’s room urinals are too high
and he doesn’t have enough help to wax the
floors. Mr. Thompson said he’s also been asked
for certain things related to the Ambulance
Association, but that is not his area, but
people will approach him instead of Jerry Kothe
in Courthouse Maintenance. Chairman Dinning said
Boundary Volunteer Ambulance has gotten all
they’re going to receive per the terms of the
agreement.
Chairman Dinning said there
are budget matters coming up such as the Road
and Bridge Department possibly losing half of
their budget next year so there are issues the
county will have to face. Chairman Dinning
explained Secure Rural Schools funds to Mr.
Thompson and Mr. Thompson asked what is going on
with the State helping the schools. Chairman
Dinning mentioned that last year teachers’
salaries were cut, but they may get those
salaries back this year. Mr. Thompson said the
only way to make up for funding issues is by an
override levy.
Mr. Thompson spoke of
wanting to retire in the near future. Chairman
Dinning said he wishes Commissioners could pay
everyone more. Mr. Thompson said he hears people
telling him the Courthouse looks nice, but he
could do better if he had help. Commissioner
Dinning informed Mr. Thompson that Commissioners
appreciate everything he does.
The meeting with Mr.
Thompson ended at 3:10 p.m.
Commissioners tended to
administrative duties.
3:30 p.m., Commissioners
participated in a legislative conference call
with Clerk Glenda Poston, Assessor Dave Ryals,
Treasurer Jenny Fessler and some of the elected
officials of the various five northern counties;
Fremont County,
Teton County Planning and Zoning Contact
Angie Rutherford, and Seth Grigg and Kerry Ellen
Elliott with the Idaho Association of Counties
(IAC).
Mr. Grigg mentioned being
on the look out for personal property tax bills,
one of which is an IAC bill. Once a bill is
introduced it will sit for about one week in
order to receive comments and feedback. Mr.
Grigg said he will need the elected officials of
the five northern counties to lobby their
legislators for IAC’s bill. Mr. Grigg said House
Bill (HB) 249 has to do with fixtures and
anything bolted down to the property becomes
part of that property so personal property will
be something that can be moved. HB242 is new
legislation that says if a parcel doesn’t have
comparables, the value will be reduced by 75%.
HB150 and HB133 are IAC bills that are waiting
to be heard in House Local Government.
A strategy is sought for
amendments to State Bill (SB) 1117, the 129,000
pound truck limit. Ms. Elliott said the
legislative committee didn’t take a position and
it is back on the agenda for reconsideration.
Based on testimony there were a lot of good
issues to present to the legislative committee.
The main issue is clearly state/local
jurisdiction control. What criterion standards
will determine route for the locals such as only
ITD standards. The cost of doing this analysis
in the language is very vague, according to Ms.
Elliott. Ms. Elliott said the bill is in a
pretty good position as the Transportation
Committee only narrowly passed this to the floor
so there might be a chance to put this on the 14th
Order in the Senate, but that remains to be
seen. Chairman Dinning said one or two concerns
is that once a road is determined a state
highway as one of these routes, it is not a
trial thing to see if state was accurate, but
there appears to be no mechanism to take the
route out of that standards. There is no
legislative oversight and it just goes to the
board that will yield to the greatest amount of
pressure, according to Chairman Dinning. Ms.
Elliott said she made that point to the Senate.
The legislation does not define any route,
according to Ms. Elliott.
Ms. Elliott briefly
discussed rights-of way and access and she said
that should be discussed tomorrow, but there is
nothing written.
Chairman Dinning asked
about the emergency communications fee sunset.
Mr. Grigg said for those counties that have the
25 cent surcharge for Emergency Communications
Communication grants, that is likely to sunset
this year and go away.
Land Use Planning Act,
SB1138 is an IAC supported bill, but there isn’t
any written information yet.
Chairman Dinning said he
would encourage any of the elected officials to
contact their legislators on any issue. If
someone missed a bit on SB1117, the counties
need to ramp up with the legislators as this is
something that really affects the northern end
of the state and he hopes to receive southern
Idaho’s support.
Information on HB242 will
be out soon. Mr. Grigg suggested looking at some
actual personal property bills to be introduced
and also suggested contacting legislators. HB140
could devastate
Benewah
County. If tribal land is not put in
trust, the county gets nothing out of it, but if
it’s in trust, at least the county receives
impact monies. Chairman Dinning asked
Benewah
County’s Assessor to send him
information on impact funds.
The legislative conference
call ended at 4:00 p.m.
Chairman Dinning mentioned
site improvements and Assessor Ryals said it is
infrastructure improvements to business or
developer owned properties. This is not a big
issue for Boundary
County as there are not many
developer owned subdivisions.
Chairman Dinning asked
about properties redeemed. Treasurer Fessler
said in the last month there have been
approximately four or five people who have paid
their property taxes to keep their property from
being tax deeded.
There being no further
business, the meeting adjourned at 4:50 p.m.
/s/
DAN R. DINNING, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy Clerk
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