***Monday, July 02, 2018, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the departmental report. A written report was provided. Mr. Kimball said the Road and Bridge crew have been using the Durapatcher so they will go back to the areas that had settled. Road and Bridge is also mowing along roads and he commented on how tall the grass had gotten. On Furrow and Flat House Roads there are culverts that need work and asphalt on Ridgewood Road needs repaired. Road and Bridge employees have taken the Mining Safety and Health Administration (MSHA) site training at Pit 1, which will open after the crew has had a bit more training. Road and Bridge has also been working on District 2 Road beyond the pavement. Road and Bridge filled in a hole where cars had been parking by the baseball park off District 2 Road as it had worn down.
Mr. Kimball said designs are in the works for the Atkins Canyon repairs and the Federal Emergency Management Agency (FEMA) is the funding source for this project. The engineer feels this work can be broken down into smaller phases, according to Mr. Kimball. Those present discussed matters pertaining to this project and Mr. Kimball explained that the roadway will be raised over the culvert approximately four feet, the culvert will also be raised and lengthened approximately 90 feet, the steepness will be taken out, and the flow will be improved.
Work on the Snow Creek Bridge begins next Monday and the county will install the two bridges. Work will also take place on Meadow Creek Road, the remainder of the grindings have been placed on Mirror Lake Road and a portion of the safety improvement work will be done on Ruby Creek Road for the new bridge. Chairman Dinning asked if Mr. Kimball’s Office could provide him with a list of the projects that Road and Bridge is working on, the timeline of where these projects are at, the total anticipated costs and matches, and what has been expended so far. Mr. Kimball said for the Snow Creek Bridge, all funds are reimbursed for both bridges for a total of $160,000. Mr. Kimball said it looks like the guardrail project will be reimbursed at 100%.
Mr. Kimball said the Idaho Transportation Department (ITD) has a project that officially starts at Echo Drive, north of Three Mile. There won’t be much in the way of grindings generated from that project. After that ITD has another project starting at mile post 518.
The meeting with Mr. Kimball ended at 9:24 a.m.
9:25 a.m., Commissioner Pinkerton 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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 9:50 a.m. No action was taken.
Clerk Glenda Poston joined the meeting at 9:50 a.m.
Commissioner Pinkerton moved to sign Certificates of Residency for Jericho Hermsen, Alexandra Hough, Barbara Rexford, Nicole Henslee, and Amanda Haynes. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to sign two 8038G forms for the first and second Pay for Use Agreements for Caterpillar equipment used by Road and Bridge. Commissioner Kirby second. Motion passed unanimously.
9:52 a.m., Commissioners contacted County Civil Attorney Tevis Hull via telephone to get an update on matters Attorney Hull is working on such as airport hangar agreements and herd districts. Attorney Hull said he sent Commissioners information on herd districts and he explained that the petition Commissioners had received lacks specificity of qualifications to creating, modifying or limiting herd districts. Chairman Dinning said whether by petition or committee, the county pays the cost for installation of the perimeter fence. Those present questioned the responsibility of cost. Commissioner Pinkerton said his interpretation is that the county has to pay for the fencing, but could recoup the funds through a levy.
Commissioners asked Attorney Hull about receiving quotes for various projects, insurance and independent contractor agreements. Chairman Dinning asked if there is a need to have a formal contract. Attorney Hull said it’s always nice to have the independent contractor agreement listing the details and responsibilities.
Chairman Dinning discussed matters pertaining to questions Commissioners have about requiring workers compensation. Chairman Dinning said when there is a single owner business, should the county still require the contractor be covered for injury. In the past the county added the contractor to the county’s policy and that cost would come out of the contractor’s payment. If the contractor is exempted from having workers compensation by the State of Idaho, does the county have to require they have it? Attorney Hull said that is a question for the State Insurance Fund.
Attorney Hull updated Clerk Poston on a matter involving an indigent case.
The call to Attorney Hull ended at 10:10 a.m.
10:10 a.m., Solid Waste Department Superintendent Claine Skeen and Assistant Superintendent Eric Owen joined the meeting to give the department report.
Mr. Skeen informed Commissioners that the wood pile at the landfill is pretty much taken care of, and Calbag will bale the metal pile on Thursday, which should take approximately one week. Mr. Skeen informed Commissioners that he is going to start interviewing applicants for monitor positions.
Commissioner Pinkerton moved to go into executive session pursuant to Idaho Code 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 Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:15 a.m. No action was taken.
The meeting with Mr. Skeen ended.
10:25 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the department report.
Ms. Brown reported that there are 27 juveniles on probation, four people in the Youth Accountability Board (YAB) program and 30 active misdemeanor probationers, 19 of them having warrants. Ms. Brown said as it pertains to the classroom at the armory, it was used seven times in May and only three times in June. Ms. Brown said she received information from the state that the Bonner County Juvenile Detention Center passed its certification and she added that the Detention Center is not issuing any increase for the county’s use of the facility for fiscal year 2018-2019.
Ms. Brown said she didn’t need to have an action item for today’s meeting after all. Lawn care at the armory is being done through felony probation, according to Ms. Brown.
The meeting with Ms. Brown ended at 10:35 a.m.
Commissioner Pinkerton moved to adopt Resolution 2018-17. A resolution of the Board of Boundary County Commissioners, State of Idaho, Boundary County, authorizing transfer of excess sale proceeds to the State Treasurer pursuant to Idaho Code §31-808. Commissioner Kirby second. Motion passed unanimously. Resolution 2018-17 reads as follows:
RESOLUTION #2018-17
TREASURER’S OFFICE
A RESOLUTION OF THE BOARD OF BOUNDARY COUNTY COMMISSIONERS, STATE OF IDAHO, BOUNDARY COUNTY, AUTHORIZING TRANSFER OF EXCESS SALE PROCEEDS TO THE STATE TREASURER PURSUANT TO IDAHO CODE §31-808
WHEREAS, Idaho Code §31-801 grants the general powers and duties, subject to the restrictions of law, to the boards of county commissioners in their respective counties; and
WHEREAS, Idaho Code §31-828 grants the Board authority “to do and perform all other acts….which may be necessary to the full discharge of the duties of the chief executive authority of the county government”; and
WHEREAS, Idaho Code §31-807 authorizes the Board to manage county property subject to restrictions including, but not limited to, those described in Idaho Code §31-808: and
WHEREAS, Idaho Code §31-808 authorizes the Board to sell surplus properties acquired by tax deed; and
WHEREAS, Idaho Code §31-808 provides that proceeds from the sale of property acquired by tax deed, after payment of all delinquents taxes, late charges, interest and costs, (excess proceeds) be apportioned by the Board to parties in interest that make claims, and then to the owner(s) of record at the time the tax deed was issued on the property: and
WHEREAS, Idaho Code §31-808 was amended by 2016 Senate Bill 1347a to permit the County, after payment of party in interest claims, to transfer excess proceeds resulting from the sale of tax deeded properties to the State Treasurer to be claimed and distributed as unclaimed property and:
WHEREAS, the State Treasurer has indicted that he will accept transfer of unpaid excess proceeds in the possession of the County provided certain conditions are met as set forth in Exhibit A; and
WHEREAS, the County has certain unpaid excess proceeds on account as set forth in Exhibit B, and finds that transferring said proceeds to the State Treasurer will result in more efficient processing of such claims; and
WHEREAS, the board had determined that the County met the requirements for transferring said excess proceeds to the State Treasurer
NOW THEREFORE, THE BOARD OF COMMISSIONERS OF BOUNDARY COUNTY, IDAHO HEREBY RESOLVES, that the excess proceeds as described in Exhibit B, be transferred to the State Treasurer, pursuant to Idaho Code §31-808, together with a completed unclaimed property report as directed by the State Treasurer and such other information that the State Treasurer might reasonably request.
IT IS FURTHER ERSOLVED BY THE BOARD, that notice of said transfer be sent as required by Idaho Code §31-808.
IT IS FURTHER RESOLVED BY THE BOARD, that this resolution shall be effective this 2nd day of July, 2018.
ADOPTED as Resolution of the Board of County Commissioners of Boundary County, Idaho upon a majority vote on the 2nd day of July, 2018.
BOARD OF BOUNDARY COUNTY COMMISSIONERS
S/____________________________
Dan Dinning, Chairman
s/____________________________
LeAlan Pinkerton, Commissioner
s/____________________________
Walt Kirby, Commissioner
Attest: Glenda Poston
BY s/__________________________
Clerk
Recorded as instrument #274608
Clerk’s Note: Exhibits A & B can be found as part of the recorded document or wit the original resolution filed in the Clerk’s Office.
Commissioner Pinkerton moved to authorize the Chairman to sign the Categorical Exclusion (CAT-EX) form for the Boundary County Airport as it pertains to the R&K Hangar proposal. Commissioner Kirby second. Motion passed unanimously.
Commissioner Pinkerton moved to sign the Idaho Transportation Department, Office of Highway Safety Grant Agreement and associated documents for a Drager Alcohol Breath testing instrument for the Sheriff’s Office. Commissioner Kirby second. Motion passed unanimously.
Chairman Dinning updated Commissioners on his meeting with the Hospital Board and Hospital Board CEO Craig Johnson where the topics of new open meeting laws and seeking board members were discussed. Commissioners stated they will have county advisory boards advertise when they have a vacancy to fill.
Commissioner Kirby moved to instruct county advisory boards to advertise in the local media when they are looking for a new member to fill a board vacancy. Commissioner Pinkerton second. Motion passed unanimously.
Commissioners and Clerk Poston discussed budget matters and Clerk Poston stated enough funds have been budgeted in order to replace the jail roof.
11:00 a.m., State Insurance Representative for the county, Alicia Ray joined the meeting to discuss workers compensation insurance as it pertains to county employees. Also present were: Solid Waste Department Superintendent Claine, Assistant Superintendent Eric Owen, Chief Deputy Clerk Tracie Isaac, Restorium Administrator Karlene Magee, Assistant Administrator Pam Barton, Road and Bridge Department Superintendent Clint Kimball, Assistant Superintendent Renee Nelson, and Sheriff Dave Kramer.
Commissioner Kirby 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 Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 11:30 a.m. No action was taken.
Ms. Ray discussed matters pertaining to employee injuries as well as proposed a return to work program, training of supervisors and employees, etc. Ms. Ray informed those present that with a return to work for light duty program, medical only claims are discounted at 70% when figuring out the E mode calculation. It is very beneficial to have a return to work/light duty policy and an employee can even return to work in another department to perform light duty, according to Ms. Ray.
Another suggestion Ms. Ray made is for the county to have a designated medical provider and she listed the benefits of having one to include all doctor’s notes will come from one provider. The county will need to post this information so the employees know who the provider is. If the employee refuses to see the light duty doctor, the county needs to contact the claims examiner, according to Ms. Ray. Chairman Dinning listed local medical facilities such as Kaniksu Health Clinic, Boundary Community Clinic, etc.
Ms. Ray spoke of management directives and mentioned Commissioners can discuss safety matters with employees as an example and another example given is for the State Insurance Fund to come up and hold training sessions. Information on the breakdown of responsibilities for managers on down to employees can be provided. Training sessions can be kept separate as departments perform different tasks. Once there is a management directive then supervisors can attend training for them and this training lasts approximately three hours.
Chairman Dinning commented that employees with habitual occurrences cannot be used in a disciplinary action unless the occurrences are fraudulent.
Sheriff Kramer said he likes the idea of having a designated physician so people don’t doctor shop. Commissioner Pinkerton said the county needs the examples that Ms. Ray has. Commissioners agreed that there is a benefit of having of a designated doctor.
The meeting with Ms. Ray ended at 12:15 p.m.
Commissioners recessed for lunch at 12:20 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioner Kirby moved to recess as the Board of Boundary County Commissioners and convene as the Board of Equalization. Commissioner Pinkerton second. Motion passed unanimously.
1:30 p.m., Commissioners held a Board of Equalization appeal hearing for parcel #RPB0080006009AA owned by Selva Kumar and Haley Kumar. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Assessor Dave Ryals, County Civil Attorney Tevis Hull, and Appraisers Melissa Kramer, Tracy Golder and Monica Tompke. The appellants did not show up for the appeal hearing in person and they did not call in via telephone. The appeal hearing was recorded. The Assessor’s Office presented one exhibit marked as Assessor’s Exhibit #1 (consisting of five pages, front and back sides).
It was stated that the appellants were sent a certified letter informing them of the date and time of their appeal hearing, but Commissioners have not yet received the return receipt so they will pause the hearing for approximately five minutes to see if the appellants are running late. The Board of Equalization recessed the appeal hearing until 1:38 p.m.
Chairman Dinning resumed the appeal hearing after a short break as the appellants did not show up and he questioned the need to review the Assessor’s Exhibit aloud. Attorney Hull stated for the record that the Board of Equalization has, in the written submission, “Assessor’s Exhibit A” that explains how the analyzation method occurred and that exhibit will be made part of the record.
Commissioner Pinkerton moved to sustain the Assessor’s valuation for parcel #RPB0080006009AA owned by Selva Kumar and Haley Kumar. Commissioner Kirby second. Motion passed unanimously.
The Board of Equalization appeal hearing for parcel #RPB0080006009AA owned by Selva Kumar and Haley Kumar ended at 1:40 p.m.
Commissioner Pinkerton moved to recess as the Board of Equalization and reconvene as the Board of Boundary County Commissioners. Commissioner Kirby second. Motion passed unanimously.
Commissioners tended to administrative duties.
Commissioners addressed the Bog Creek Road matter. Chairman Dinning said he attended a meeting last week with the Kootenai Tribe and City of Bonners Ferry about the Bog Creek Road project and the city has sent a letter requesting an extension period in which to comment. Chairman Dinning said there are questions that have not yet been answered and this would give the county time to comment. Chairman Dinning said if Commissioners agree, he will draft a letter to take action on.
Commissioner Pinkerton moved to authorize Chairman Dinning to draft a letter for Commissioners to sign requesting an extension in which to comment on the Bog Creek Road project. Commissioner Kirby second. Motion passed unanimously.
Commissioners tended to administrative duties.
2:16 p.m., County resident Bill Clausen joined the meeting to discuss herd districts.
Mr. Clausen asked if Commissioners had received his email showing pictures of the herd of cattle belonging to someone else hanging out in his yard. Commissioners said they did receive that email and they also received information from the county’s civil attorney listing Idaho Code statutes pertaining to herd districts. Chairman Dinning said one way to create a herd district is for Boundary County to act independently and the other way is to have a petition of a majority of landowners within the proposed boundary change. The petition would be to create a new herd district boundary. Mr. Clausen asked what the consequences are. Chairman Dinning said the consequence that the county would pay attention to is that the cost would fall on the county and recouping the cost would come from the taxpayers. The cost would be .02% of $900,000,000 and that is a lot of money, according to Chairman Dinning. Chairman Dinning said this is dealing with a new statute.
Commissioner Kirby said even if a herd district is created and a fence is built, cattle are still going to end up in the yard. Commissioner Pinkerton said since this is the last open range area, it sounds like we’d have to fence the herd district boundary and he added that even though other areas are not fenced as they once were, those were other districts. Commissioner Pinkerton said his point being that Commissioners can appoint a board and have that board decide what should be done. Mr. Clausen said part of the law says you can exclude villages and communities. Chairman Dinning said one thing the statute does say, is on or after January 1990, no county shall control running-at-large cattle, sheep or goats unless the control is created by the herd district. Mr. Clausen said Commissioners could probably create an ordinance. Commissioners said Idaho Code states the county can’t control. Mr. Clausen said the area in question should be turned to a village and if it’s a village, you have no herd district and no open range and that is why he feels it was excluded because Copeland had once been a village. Commissioners questioned the definition of a village. Mr. Clausen said it was the 1930s when the law was instituted, but now things have changed and he added that he thinks Copeland was probably a village. Chairman Dinning said he is going to guess it’ll come down to the petition method and go forward from there. Chairman Dinning said he thinks the law in 1990 caused the village to no longer be applicable. Chairman Dinning added that Commissioners will ask their county civil attorney if the term village still applies and if it does, there is one avenue to go down, but if it doesn’t, Commissioners will know they need to go another route. Mr. Clausen said there are also nuisance laws, but he can’t get the Sheriff’s Office to enforce those. Mr. Clausen questioned if Commissioners know of the telephone calls that have come in because of this person’s dogs running around in addition to the cows.
Commissioners said Title 1, Chapter 35 describes the type of fence to be constructed for a herd district. Mr. Clausen said that is where the Board comes in. Commissioner Pinkerton said the Board may need to consist of two different groups; two members to be appointed by Commissioners and the other members to be from the Cattle Association. Commissioner Pinkerton said to create a district is ridiculous, but maybe a board can be formed. Commissioner Pinkerton said there are a couple things that Commissioners need to talk with their counsel about. Mr. Clausen said things have changed so someone needs to change this law and he added that if he were a Commissioner, he would adopt an ordinance and have the Sheriff enforce it. Chairman Dinning said from what he read, Commissioners cannot even adopt an ordinance. Commissioner Pinkerton said a board will need to be formed to develop a herd district as that is what’s lacking here. Mr. Clausen questioned if creating a herd district would fix the problem. Commissioner Pinkerton said if a herd district is created, there is a liability to the owner of the animal. Mr. Clausen asked if the county can assess a fine for stray cattle. Chairman Dinning said these Idaho Code statutes state you can’t assess a fine. Mr. Clausen questioned who sets the cost of damages. Commissioner Pinkerton said this Idaho Code statute is obviously not in our favor. Chairman Dinning said more than half of the area in southern Idaho is in favor of this and he can guarantee several agricultural organizations would be against it. Chairman Dinning said we need to exempt the county’s responsibility to fence a herd district boundary. That would be where he would go, legislatively. Mr. Clausen asked if there could be a petition on the vote in the county and put an article in the paper on excluding the county from open range laws. Mr. Clausen said 10 acre parcels are not open range. Chairman Dinning said it’s not fair for the taxpayers of the county to have to pay for the fence. Chairman Dinning asked Mr. Clausen to let Commissioners figure out more details. It was said Boundary County should’ve created a herd law such as Montana has done. Mr. Clausen said a person should have four to six acres per cow and the number of acres would determine how many cows a property owner is allowed to have. Commissioner Pinkerton said Commissioners cannot make those decisions. Mr. Clausen said it will be better for Commissioners to talk to the legislators about this. Chairman Dinning said the legislators would want the county to come to them with the solution. Mr. Clausen said he is just looking for a solution. Chairman Dinning explained that a proper petition needs to be received first and this process will have to go through the legal process. Mr. Clausen said it’s just a matter of time before someone gets hurt and he claimed his neighbor is feeding the cows moldy hay and the fence the neighbor has is Swiss cheese. Commissioner Pinkerton said he doesn’t want county taxpayers to pay for all this fencing and Mr. Clausen added that he doesn’t either. Commissioner Pinkerton said the size a herd district needs to be should be determined. Chairman Dinning said he hates to say this, but it might be beneficial to have an attorney go down this road with Mr. Clausen to make sure the process is done properly. Mr. Clausen said he feels there are amendments that could be done.
The meeting with Mr. Clausen ended at 3:17 p.m.
Commissioner Kirby moved to approve repairs to the water truck belonging to the Solid Waste Department. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Kirby moved to sign the amended plat map for North Ridge Estates. Commissioner Pinkerton second. Motion passed unanimously.
3:22 p.m., Courthouse Maintenance John Buckley joined the meeting to discuss roofing quotes for the Courthouse and Extension Office. Mr. Buckley explained that one of the quotes included building a roof cricket and Chairman Dinning said we can look at the quotes for basic roof work and make a decision based on that or go back out to seek quotes and say we want quotes to include crickets. Mr. Buckley said the one bidder does not build crickets and he added that this job doesn’t require them. Mr. Buckley said the cheaper of the two quotes actually comes with a five year warranty and he explained that both quotes include tearing out roofing membranes and rebuilding around the drains. The cheaper quote also addressed double reinforcement around certain areas so for strictly dollars, it is the quote to accept. Chairman Dinning said his suggestion is with all things being equal, one quote is less than another so how would that look if we chose a more expensive quote. The additional work is a different issue. Mr. Buckley suggested establishing a finish date for this project and it was mentioned possibly include some penalty if that date is missed.
Mr. Buckley informed Commissioners that he was able to get a 5% discount to have various county parking lots resealed.
Mr. Buckley left the meeting at 3:31 p.m.
3:35 p.m., Robert Norton joined the meeting.
Commissioner Pinkerton moved to recess as the Board of Boundary County Commissioners and reconvene as the Board of Equalization. Commissioner Kirby second. Motion passed unanimously.
3:35 p.m., Commissioners held a Board of Equalization appeal hearing for parcel #RPB07800050050A owned by Robert Norton. Present were: Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, Assessor Dave Ryals, Appraisers Tracy Golder, Melissa Kramer and Monica Tompke, and Appellant Robert Norton. The Assessor’s Office presented one exhibit marked as “Assessor’s Exhibit #1 (consisting of 3 pages front and back). The appellant did not present any exhibits. The appeal hearing was recorded.
Chairman Dinning reviewed the appeal hearing procedures and administered the oath to those giving testimony. Chairman Dinning asked the appellant for his testimony. Mr. Norton said he understands there is a comparison to other subdivisions for appraisals. Since the new Catholic Church has been built, it’s had a big impact on the neighborhood and it blocks everyone’s view, according to Mr. Norton. Mr. Norton added that this church is probably the fifth largest building in town and due to the impact he thinks the appraisal needs to be adjusted based on that. Chairman Dinning said on Mr. Norton’s Notice of Appeal the current valuation is listed as $118,550.00 and according to Mr. Norton’s opinion, he feels the value should be $114,860. Mr. Norton said he was figuring a 10% or 15% reduction. The church’s bell is definitely obnoxious and it’s now a huge structure and everyone asks why, according to Mr. Norton. Mr. Norton said he thinks his area is classed as a 1A, residential, but if you look at Marx Subdivision, there isn’t anything like that there. These two subdivisions are compared the same, according to Mr. Norton. Neither Commissioners nor the Assessor’s staff had questions.
Chairman Dinning asked the Assessor’s Office for their testimony. Appraiser Melissa Kramer presented her testimony as follows: parcel #RPB008300000140A is an improved property in the Nixon’s Hillcrest Addition. The current assessed value is $118,550. Other than the county-wide residential improved property increase, no specific value changes were made to Mr. Norton’s property for 2018. The 2018 value increased $3,690 or approximately 3% total, which is consistent with most properties after the market adjustment. The 3% increase does not automatically produce a 3% increase in taxes. The tax rate will be determined in October after tax district budgets are completed. The Assessor’s Office extended an invitation for Mr. Norton to speak with Ms. Kramer about the property which he declined. It is inappropriate to further reduce the value without a physical inspection. Ms. Kramer’s exhibit ended in saying that the Assessor’s Office would ask the Board of Equalization to sustain the Assessor’s valuation.
Chairman Dinning said at this point for clarification, did Ms. Kramer inspect the interior of the home and Ms. Kramer said no. Ms. Kramer said Assessor’s Office staff Cheryl Navarro spoke with Mr. Norton and asked him if he wanted to speak with her and he had declined. This property had not been reassessed this year.
Mr. Norton said he didn’t have any questions.
Chairman Dinning said in this case the property owner is contending that due to recent developments next door to him, it has affected his property negatively, but he had declined to have his home inspected. Mr. Norton said he did not decline to let the appraiser in; he felt it was a waste of time. Chairman Dinning asked about there being a basis in the appraisal or rules for adjustment for the same. Assessor Ryals said the value of structures is the same regardless of where you are at. Differences in neighborhoods, if there are sales in those neighborhoods, would be picked up. Assessor Ryals added that yes, if there are measureable sales, his office does watch for those and would use that information, but they wouldn’t know what that impact would be. In this area everyone has a church, train, school, etc., nearby, but without sales data, you really don’t know what the impact is. Chairman Dinning asked about the church bell. Mr. Norton listed how often and for how long the church bell rings on Saturdays and Sundays adding that if you want to sleep in, you can’t.
Chairman Dinning said in this process the property owner has the burden of proof in that the Assessor’s Office has made some sort of error. Mr. Norton said he’s just requesting there be some type of reduction for the impact adding that people are now parking in the street and blocking it.
The hearing was closed to further testimony to allow for the Board to discuss the matter and come to a conclusion. Commissioner Kirby said the business with the church bell is a little bit much and he doesn’t know how you can prevent it. The bell is there and Mr. Norton has to listen to it forever, so to speak. With the loss of view and increase in value, it makes it a bit difficult for Mr. Norton, although it doesn’t mean taxes will increase by 3%. Commissioner Pinkerton said he can’t see that the Assessor’s Office had made an error and it’s unfortunate that Mr. Norton is being affected by something outside of the Assessor’s Office, but he doesn’t see any error being made. Chairman Dinning said that is how he is leaning. There isn’t anything showing an error was made here and he doesn’t see anything being presented that would help much. Commissioner Pinkerton asked about the overall increase in property value. Assessor Ryals said his office applied a 5% increase to structures as it’s an inflationary thing. Boundary County’s values had been too low at 85% so the county had no choice, but to increase them. The county is tested at least once a year by the State and we were at 87% of market value and in the City of Bonners Ferry there had been 99 sales. The county’s valuation levels were low and his office needed to make an adjustment. Mr. Norton had talked about the church bell, but it hadn’t been there until the new church was built so maybe the bell could be rung for only five minutes before church starts instead of one half hour. Commissioners had nothing further to add. Commissioner Pinkerton said he doesn’t see any way Commissioners cannot sustain the Assessor’s valuation.
The hearing was opened back up to comment. Mr. Norton said he did feel there was an error, but just an adjustment for the activity that recently took place. Assessor Ryals said the only comment he could make is if he had sales information that indicated an adjustment for that purpose, he absolutely would have applied that. The appeal hearing was closed to further discussion.
Commissioner Pinkerton moved to uphold the Assessor’s valuation for parcel # RPB07800050050A owned by Robert Norton. Commissioner Kirby second. Motion passed unanimously.
The Board of Equalization appeal hearing for parcel # RPB07800050050A owned by Robert Norton ended at 4:00 p.m.
Commissioner Kirby moved to recess as the Board of Equalization and reconvene as the Boundary County Board of Commissioners. Commissioner Pinkerton second. Motion passed unanimously.
There being no further business, the meeting recessed until tomorrow at 7:30 a.m.
***Tuesday, July 3, 2018, at 7:30 a.m., Commissioners met in special session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Clerk Glenda Poston. The purpose of the special session was to participate in a road tour with the Boundary County Road and Bridge Department Superintendent to conduct site visits of various Road and Bridge projects. The road tour ended at 9:30 a.m.
There being no further business, the meeting adjourned at 9:30 a.m.
__________________________________
DAN R. DINNING, Chairman
ATTEST:
___________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk