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Courthouse saga hashed

by Keith Kinnaird News Editor
| July 26, 2012 7:00 AM

SANDPOINT — A formal public hearing to consider a plan to obtain judicial approval of courthouse funding options morphed into a less formal rumor-control session on Wednesday.

Bonner County commissioners met with taxpayers to gauge the level of public support for asking a judge to sign off on potential financing plans to finish the costly and lengthy remodel of the 104-year-old building.

The county has retained bond counsel to draft a petition for judicial confirmation on using general obligation bonds or utilizing inter-fund transfers to complete the financing.

County officials anticipate filing the petition in 1st District Court next month and learning the court’s decision in October.

The scope of the hearing was initially narrowed to just the matter of judicial confirmation, but commissioners agreed to broaden it and answer any questions the public had about the progress and cost of the remodel.

“So much has been misunderstood about this project,” said Commission Chairman Cornel Rasor.

Commissioners then proceeded to explain how an $820,000 initial remodel phase swelled into a $5.7 million project that has badly stretched the county’s purse springs and the patience of courthouse employees.

The two biggest culprits, the board said, were asbestos concerns and an inability to foresee the shoddy construction concealed behind walls and lurking above ceilings.

Vermiculite was known to be present in the building, causing concern that it might contain asbestos. The U.S. Environmental Protection Agency required the vermiculite abatement to be done all at once, rather than amid the remodel’s various phases.

“That changed everything,” said Commissioner Mike Nielsen, who said air quality monitoring detected no trace of asbestos.

Moreover, a saber-rattling attorney also threatened a lawsuit over the issue.

Then there was the black mold and laundry list of deeply sketchy wiring and substandard building materials, such as marine-grade plywood in walls and a 2-by-6 piece of lumber utilized as a header.

“Some of the things we found behind those walls weren’t even legal when they were done,” said Commissioner Lewie Rich.

Some members of the public questioned whether there was contractor fraud. But commissioners flatly rejected the insinuation that fraud was afoot and said Ginno Construction has performed admirably.

On the matter of judicial confirmation, some testified in favor and against asking a judge to allow the county to bypass a vote of the people and incur indebtedness beyond a single fiscal year.

Lou Goodness of Sagle said the request falls short of the ordinary and necessary standard in the Idaho Constitution and related case law.

“In my opinion, we have met the urgency standards,” said Goodness.

Nielsen said judges, law officers and bailiffs would say otherwise.

Nobody spoke in favor of using loans from Solid Waste or Road & Bridge funds, for instance, to pay for anything but trash services and road work.

“The transfer of funds is an issue,” said Louis Kins.