***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.


_______________________________________

DAN R. DINNING, Chairman


ATTEST:



_______________________________________

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk


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March 4 & 5, 2013