***Monday, June 27, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Commissioners gave the opening invocation and said the Pledge of Allegiance.

9:00 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. A written report was provided.

9:03 a.m., Gregory Lamberty joined the meeting.

Road and Bridge still has a job opening and Ms. Nelson commented on looking for more ways to advertise for the position.

Marty Martinez joined the meeting at 9:11 a.m.

Ms. Nelson spoke of having a Zoom call regarding the Kootenai Tribe’s travel plaza project and she felt it was a good meeting. There will be another meeting to discuss drainage and address concerns, etc.

Ms. Nelson said she’s still waiting for the plans for the Alta Forest Products project. Ms. Nelson added that she received an email that Alta is ordering crossing signs, but there isn’t a crossing agreement in place yet.

Mr. Morris expressed interest in the Chevrolet Tahoe formerly used by the County Emergency Manager to be used as a crew hauler for Road and Bridge.

Mr. Morris said they got a bid to pave the intersection of Fitzpatrick and Crossport Roads. It’s only been pug patched so Road and Bridge will dig it up and pave it. The quote from Selkirk Sealcoating was $12,135.96 for a portion of Fitzpatrick Road and Crossport Road.

Commissioner Cossairt moved to sign the Findings and Decision for Variance #5-2022 to Boundary County Road Standards 2020-2 for Thomas and Robin Merrifield as it pertains to an approach location. Commissioner Bertling second. Motion passed unanimously.

The meeting with Mr. Morris and Ms. Nelson ended at 9:29 a.m.

Commissioner Cossairt moved to sign the Deed of County Property to Ball Lower Moyie Properties for parcel #RPM0740002006DA. Commissioner Bertling second. Motion passed unanimously.

9:34 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone to discuss various matters. Chairman Dinning said the county airport has an established rate per square foot for hangar leases, which is $.15 and the Federal Aviation Administration (FAA) has not been opposed to that rate. North Bench Fire Department would like to lease approximately 1.5 acres from the county, but they could entertain leasing ¾ of an acre and somewhat protect their investment in their current station. Chairman Dinning said from a legal standpoint, it’s leasing property to North Bench Fire Department at a rate of $.15 per square foot and then North Bench would charge the airport for fire protection. North Bench Fire Department doesn’t charge for any county buildings within the fire department boundaries at this point in time, but they need to start billing.
Chairman Dinning mentioned there being a difference of getting market value for a hangar lease for the use of a commercial piece of property and Attorney Hull said he doesn’t know if there is a difference. Commissioner Cossairt relayed information he is aware of pertaining to a lease agreement between an airport in Coeur d’ Alene and the Panhandle Area Council building. Chairman Dinning spoke of the lease with North Bench Fire Department having been created many years ago for the benefit of the community. Chairman Dinning spoke of North Bench Fire Department being a non-profit. Attorney Hull recommended a two-year time frame for reviewing leases.

Commissioners asked Attorney Hull about nuisance dogs barking. The county doesn’t have an ordinance for this, but the state does, according to Chairman Dinning. Attorney Hull suggested contacting law enforcement in these cases to do their normal course of business and if the issue come to the Prosecutor’s Office, they will review it on a case by case basis. It’s really a law enforcement and prosecution issue, according to Attorney Hull.

Those present discussed the process to take for funds now being dispersed associated with the National Opioid Settlement notice.

Commissioners and County Civil Attorney Hull reviewed the status of various topics to include Tim Tucker’s request to abandon a portion of Avonlea Farm Road, public defender services, the contract for roof repairs at the jail, and drafting an updated ordinance regarding what is accepted at the landfill and monitored dumpster sites.

Jerry Higgs joined the meeting at 9:55 a.m.

It was said the county may get more funding through the Idaho Department of Environmental Quality (IDEQ) for the wastewater project and Keller Associates is handling the request for funds for the county.

The call to Attorney Hull ended at 9:56 a.m.

Mr. Higgs left the meeting at 9:59 a.m.

Commissioners tended to administrative duties.

Commissioner Cossairt moved to approve the minutes for the week of June 20, 2022. Commissioner Bertling second. Motion passed unanimously.

Clerk Poston said she received the contract with Computer Arts Inc./Harris Computers for information technology (IT) services at the Courthouse and the contract has increased by $1,000.00. As of October 1st, the county will no longer have IT support through Computer Arts/Harris. Clerk Poston commented on having approximately $40,000.00 in IT support. Sheriff Kramer had mentioned with former employee Crystal Denton taking a job elsewhere, he isn’t sure what he is going to do for IT support.

Sheriff’s Office Dispatcher Scott Peterson joined the meeting at 10:30 a.m.

Mr. Lamberty left the meeting at 10:30 a.m.

Clerk Poston updated Mr. Peterson on the discussion regarding IT support. Mr. Peterson said the Sheriff’s Office has discussed contracting with Matt Hodges for an on-call position, but they also heard this meeting was taking place. Mr. Peterson spoke of the system at the Sheriff’s Office. It was said that it’s probably justifiable in hiring or contracting with Mr. Hodges. Clerk Poston said she budgeted a certain amount of money for the Courthouse IT support and if the Sheriff’s Office contracts for IT support, that cost should come out of the justice fund, so if the county hires Mr. Hodges, a percentage of the cost could come from the Sheriff’s Office.

Mr. Peterson left the meeting at 10:47 a.m.

Commissioners updated Clerk Poston on their meeting with Innovate! Inc. to discuss purchasing a system for addressing, mapping and Planning and Zoning, etc. Those present reviewed costs.

11:00 a.m., Jim Ball joined the meeting.

Mr. Ball said he’s finishing a project in Moyie Springs and he’s been able to build more stick-built housing by building up. Mr. Ball said he’s looking to start building senior living dwellings later this year and he’s wanting to contribute heavily to this project so he’s still looking for a location and infrastructure and reaching out to all municipalities for partnerships. The goal is to provide housing for those 55 years of age and older and there is a lot of demand for low maintenance housing and yards. Mr. Ball asked if Commissioners had any ideas about county-owned land they would like to see development on. Commissioner Cossairt said the county doesn’t have anything of any size. Property could consist of five acres if it had a sewer system. Mr. Ball said he is actively looking to be involved in a new project here. Mr. Ball also expressed interest in the gravel pit adjacent to his mobile home park in Moyie Springs. The pit could be a replacement area for the sewer or to create a sewer so it would be a benefit for him to own.

Mr. Ball discussed rents, hyperinflation, etc., with Commissioners.

The meeting with Mr. Ball ended at 11:18 a.m.

Commissioners recessed for lunch.

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and convene as the Board of Equalization. Commissioner Bertling second. Motion passed unanimously.

1:30 p.m., Commissioners held a Board of Equalization appeal hearing for parcel #RP005000010460A owned by David and Elizabeth Nicholas. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Appellant David Nicholas, Darci Price, Assessor David Ryals, Appraiser Melissa Kramer, Mapper Olivia Drake, and Appraiser Janessa Arceneaux. The hearing was recorded.

Chairman Dinning reviewed the hearing procedures and administered the oath to those giving testimony. The appellant presented one exhibit marked as Appellant’s Exhibit #1 (consisting of 2 pages) and Assessor presented one exhibit marked as County Exhibit Assessor #1 (consisting of 5 pages, copied both sides).
Mr. Nicholas said he’s appealing the value for his home on 347 Doe Road in Naples and he added that he’s also purchased a house in Idaho Falls. Mr. Nicholas said the real issue is not about the assessment as it’s about the lis pendens associated with a civil case. There is a lawsuit between Circle D Farms and Wayne Bates, who is the private road owner of Sitka Road, Doe Road and Willow Lane. Mr. Nicholas said he put his house on the market and sold it, but four days later the title company informed him of the lawsuit dealing with the roads that allow access to his home on Doe Road. Community Title could not insure clear title insurance based on the matter of the private road owner and Circle D Farms. Mr. Nicholas read the definition of lis pendens from his Exhibit marked as “Appellant Exhibit #1” consisting of two (2) pages. Mr. Nicholas said there is a lien on a property that would require a judge to sign off on the order and have it recorded to make it a record that is accessible to the public. When he got the assessment, in theory, they should not have gotten it because the house had been sold, but when he saw the assessment and the exemption, his issue is the property is impacted by this lis pendens until the case has gone through the courts. Mr. Nicholas is asking to recognize the value of $288,870.00 and once the lawsuit is cleared or there is an agreement that it will be cleared, then the county can assess the property at $474,060.00. Mr. Nicholas said it’s his feeling that people in the neighborhood on Doe Road aren’t aware of how impacting this lis pendens is. Mr. Nicholas commented that he had contacted the attorney for Circle D Farms. Willow Lane and Doe Road, which are private pieces of property, are connected to each other so that is what is recognized by the county and are free access to his property. Mr. Nicholas said he’s not arguing about the assessment, but the impact of the lawsuit. The assessment doesn’t mean anything when there is a lawsuit that locks down anything in real estate.

Commissioners had no questions for Mr. Nicholas. Commissioners asked Appraiser Melissa Kramer for her statement. Ms. Kramer read the following from her exhibit, marked as “County Exhibit #1” consisting of 5 pages total, both sides, as follows: Parcel #RP005000010460A is an improved property on 9.9 acres located on 347 Doe Road, Naples, Idaho. The current assessed value is $474,060, which is broken down as follows: $178,140.00 for land and amenities, $12,730.00 for outbuildings and $283,190.00 for the residential building for a total of $474,060.00. Other than the county-wide residential improved property increase no specific value changes were made to the Nicholas property for 2022. No attempt was made to contact the Assessor’s Office to discuss the Nicholas property value. This property was listed on the market in May for $649,000.00 and it’s since been taken off the market due to a pending court case.

Chairman Dinning questioned, in these types of situations where there is a lawsuit and the guarantee of access isn’t there, until you’re made aware of it, you can’t take that into account? Assessor Ryals said yes, if there is something that directs them. Assessor Ryals said what his office does is set value as of January 1. Assessor Ryals added that he does understand, but value is set as of January 1 as it is for the rest of the county. It’s kind of the wrong time period. Mr. Nicholas asked for clarification by throwing a dart at a board. Assessor Ryals said his office has no idea what to reduce value by and to just pick a number. Chairman Dinning said if there is a property that has no access that can be guaranteed, what is the value of it as he doesn’t know.

Mr. Nicholas said being a retired engineer, he looks for something definitive. Mr. Nicholas suggested taking the value of $474,060.00 and deducting last year’s homeowner’s benefit of $96,315.00 to come to a value of approximately $380,000.00 and that would be a compromise of last year’s value and the assessed value for this year. Mr. Nicholas mentioned that he sought out the lawyer in this case and they’re looking to remove Willow Lane and Doe Road so hopefully that is enough clarity for the title company to go forward. Mr. Nicholas said his feeling is this issue could go all of the way to January 2023 and right now he’s just trying to give the county something to say we’re going to do this as opposed to we’re not going to do this.

Chairman Dinning said it appears $474,060.00 is the assessed value. The house is valued at $283,190.00 so the homeowner’s exemption should be $125,000.00 for the current year. Chairman Dinning clarified that last year’s homeowner’s exemption benefit was $96,315.00, but this year it increased to $125,000.00, so that would be his suggestion.

Assessor Ryals said that doesn’t follow suit in establishing value, but in making Mr. Nicholas happy, it sounds reasonable. Mr. Nicholas said he has stepped out of his way to see if this court case can be sped up as he’s not looking to drag this out to January. Mr. Nicholas said as soon as this case clears, he will put the house up for sale again. Mr. Nicholas commented that he and his wife may have to go back to work. There needs to be an understanding that this case impacts all homeowners and landowners associated with the three roads until the case is cleared up, including neighbor John Poland. Mr. Poland has his place for sale and he is also impacted by this. You cannot say today what is going to occur tomorrow with these homeowners. This issue is something that is being impacted by someone else, not themselves.

Chairman Dinning commented on the value of $350,000.00 and said if the county does this, the value will need to be addressed when the lis pendens is settled, so how do we do that. Ms. Price asked about a circuit breaker designation as this affects finances. Assessor Ryals explained that the circuit breaker is for the elderly, sick, etc.., who have low income.

Mr. Nicholas said he’s amenable to reducing value by the homeowner’s benefit of $125,000.00 and he added that he has been down the road with the circuit breaker for his father so he understands that and he doesn’t meet that obligation. Mr. Nicholas said when this lawsuit is over or in year 2023, the county can put the assessed value back on. Assessor Ryals said in his mind, Mr. Nicholas had a sale for $649,000.00 and had accepted an offer of $600,000. It was said the offer was from someone who had very good terms, but four days later going through the title company, the sale was kicked back. Mr. Nicholas said the point is that it’s not about how much we got for the property, because as long as the lawsuit is in place we get nothing. Assessor Ryals said he’s looking at appraisals and we’re looking at a house that was for sale for $650,000,00, that sold for $600,000.00, now the value is $474,060.00 and we’re negotiating down from that. Mr. Nicholas said if this court case goes beyond January 2023, regardless if the thought is the value is a bargain at $474,060.00, he’s just looking for temporary relief for this lawsuit to go through. Consequently, whether it’s a bargain doesn’t matter.

Commissioners closed the hearing to public comment and called for discussion amongst themselves. Commissioner Cossairt said he feels Assessor Ryals did a good job and he added that he’s agreeable to reducing the value to $350,000.00 for one year due to this unforeseen hardship.

Mr. Nicholas wished to speak and Commissioners opened the hearing back up to public comment. Mr. Nicholas said he’s trying to do everything now so he and his wife are not impacted and once he has the information in hand, he will make sure Assessor Ryals has a copy. Mr. Nicholas added that he feels Assessor Ryals and his office has an obligation to let the landowners and property owners on these roads know what is going on. They probably don’t understand what a lis pendens is.

The hearing was closed again to public testimony.

Commissioner Dinning said his concern is if this case goes out two years, will we need to do this again? Commissioner Cossairt and Commissioner Bertling said yes. Chairman Dinning commented that if in two months this case is settled, does this value stay for the whole tax year or how do we handle that on a prorated basis, which would be a mess. Commissioner Cossairt said he would just let this go for the one year. Commissioner Bertling agreed that Assessor Ryals did a good job. Commissioner Cossairt said this has nothing to do with Assessor Ryals, it’s extenuating circumstances from elsewhere.

Commissioner Cossairt moved to reduce value to $350,000.00 for parcel #RP005000010460A, property of David and Elizabeth Nicholas on 347 Doe Road, for one year. Commissioner Bertling second. Commissioners continued discussing the motion for clarification.

Commissioner Cossairt moved to amend his prior motion and to reduce value to $350,000.00 for parcel #RP005000010460A, property of David and Elizabeth Nicholas on 347 Doe Road, for one tax year ending at midnight on December 31, 2022. Commissioner Bertling second. Motion passed unanimously.

Commissioner Bertling said after the deadline the value will increase back to $474,060.00.

Mr. Nicholas questioned why not make the deadline to this time next year so there is some buffer if the matter takes that long. Mr. Nicholas asked about taxes and it was said the notices go out in November and are due in December. Mr. Nicholas said he can live with the six months, but if the court case goes to fruition, it will go beyond 2022. Commissioner Cossairt said he will have until June to appeal.

The Board of Equalization appeal hearing for parcel #RP005000010460A for David and Elizabeth Nicholas ended at 2:07 p.m.

2:18 p.m., Commissioners held a Board of Equalization appeal hearing for parcel #RPB0820009007AA for Christopher and Maryann Loll. Present were: Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Mapper Olivia Drake, Assessor David Ryals, and Appraiser Janessa Arceneaux. The appellant was not present. The hearing was recorded.

Chairman Dinning administered the oath to those giving testimony. The Assessor presented one exhibit marked as County Exhibit #1 (consisting of 5 pages, copied both sides). Since the appellant had not shown up and did not call the office, Commissioners paused the hearing temporarily in case the appellant was running late.

2:20 p.m., Commissioners continued the hearing and Chairman Dinning stated the appellant was not present and has not contacted with the office. Commissioners have received the Notice of Appeal and it has not given a reason for the appeal. The set value is $551,620.00. Chairman Dinning said if he’s correct, the appellants feel the total value should be $385,000.00. The home was purchased by the appellant in year 2021 and he feels the current market value is $385,000.00. Chairman Dinning said he doesn’t understand and Mr. Loll and Ms. Loll are not here to explain.

Commissioners asked Appraiser Janessa Arceneaux for her testimony. Ms. Arceneaux said parcel #RPB0820009007AA is an improved property on 0.376 acres located at 6542 Madison Street in Bonners Ferry, Idaho. The current assessed value is $551,620.00, which is broken down as follows: $65,290.00 for land and amenities, $5,600.00 for outbuildings, $468,520.00 for the residential building, and $12,210.00 for an integral concrete porch for a total value of $551,620.00. Other than the county wide residential improved property increase, no specific value changes were made to the Loll property for year 2022. No attempt was made to contact the Assessor’s Office to discuss the Loll property value.

Commissioner Cossairt asked how this house is rated, such as fair, good, etc. It was pointed out that the house was rated average. Assessor Ryals stated for the record that Ms. Arceneaux did make several attempts to contact the homeowner.

Commissioner Bertling moved to sustain the Assessor’s valuation for parcel #RPB0820009007AA for property owners Christopher and Maryann Loll. Commissioner Cossairt second. Motion passed unanimously.

The Board of Equalization appeal hearing for parcel #RPB0820009007AA for property owners Christopher and Maryann Loll ended at 2:30 p.m.

Commissioner Cossairt moved to recess as the Board of Equalization and reconvene as the Boundary County Board of Commissioners. Commissioner Bertling second. Motion passed unanimously.

3:00 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, June 28, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Airport Manager Dave Parker joined the meeting to update Commissioners on airport projects. Mr. Parker spoke of applying for grant funds to purchase a new computer for the All-Weather Observation System (AWOS). The State will pay 100% of the cost, according to Mr. Parker.

Commissioner Cossairt moved to approve the grant for the All-Weather Observation System (AWOS) computer in amount of approximately $20,000.00. Commissioner Bertling second. Motion passed unanimously.

Mr. Parker informed Commissioners of equipment he would like to have at the airport and he added that the State of Idaho is also willing to pay 100% of those costs. Mr. Parker added that from his research $120,000.00 would cover it and he spoke of equipment the airport formerly used for snow removal.

Mr. Parker spoke of purchase options through Sourcewell, which is a company associated with the piggy back bid process.

Mr. Parker informed Commissioners that rules pertaining to self-fueling and hangars will be coming out and he explained that from the standpoint of him regulating fueling for the county, it became a nightmare. The Airport Board is coming up with a limit of 119 gallons for fuel, which is the amount you can put in a pickup without the need for regulation stickers, etc. Mr. Parker commented that a hangar owner might want the county or fixed base operator to get a fuel truck as they probably won’t want to drive over to the fuel tanks to get fuel. County Civil Attorney Tevis Hull has not yet looked over the proposed rules, but they were drafted by Rick Durden who was an aviation attorney.

Mr. Parker spoke of having to talk to hangar owners about not using their hangars as storage units. The Federal Aviation Administration (FAA) is now okay with hangars being used for other things as long as aviation is the primary use and nothing impedes the airport.

9:27 a.m., Treasurer Sue Larson joined the meeting.

Chairman Dinning informed Mr. Parker that Commissioners met with North Bench Fire Department board members last week about a proposed lease and Attorney Hull is going to speak to Gary Gates with the FAA again. Chairman Dinning said this is much more than the airport as it’s for the community and it goes back 30 years or more. Fair market value for rent for land has already been established by the square foot rate for hangars. It was said that North Bench Fire Department is a non-profit instead of a commercial venture. The county needs to give North Bench Fire Department some stability for the benefit of the community. Mr. Parker said it would be wonderful to get the fire department land instead of a lease. Chairman Dinning said the lease process will be slow to get through.

Those present discussed remediation for the gully washout for lands that have now changed ownership. Mr. Parker spoke of planning on the environmental assessment (EA) getting completed. The EA was reviewed and recommended changes were made and sent back to the engineer so we should be getting close. Mr. Parker said we can’t work on the gully until the EA is done.

Clerk Poston asked Mr. Parker about grant match and she said there is approximately $32,000.00 in grant match for the airport. Mr. Parker said the EA will use a little bit of the existing grant match, but he will confirm that. Clerk Poston said what Mr. Parker is requesting grant match of $97,000.00 for this next budget year and that is the highest he’s requested so she asked if he could review those figures and get back to her. Mr. Parker explained a lot of the match will be used for the gully and planning.

Commissioners asked Mr. Parker what the rule is for planes that dip below 1,000 feet. Mr. Parker said any plane can’t be any closer than 500 feet to a person, object, power line, cell tower, building, etc. It’s no less than 1,000 feet from the side of an object and no less than 500 feet from above. A helicopter can be lower than an airplane, though. Mr. Parker said a person can take down the number listed on the airplane and contact the FAA if there is a complaint.

The meeting with Mr. Parker ended at 9:46 a.m.

9:47 a.m., Restorium Administrator Karlene Magee joined the meeting.

Treasurer Larson commented that she has a printer she wants to get rid of that still has ink left and she wanted to offer the ink cartridge to another department.

Treasurer Larson left at 9:50 a.m.

9:50 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(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 Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously. The executive session ended at 10:20 a.m. No action was taken.

There being no further business, the meeting adjourned at 10:20 p.m.

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DAN R. DINNING, Chairman
ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk