***Monday, October 2, 2023, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners said the Pledge of Allegiance.
Commissioner Robertson moved to sign Innovate Inc! Work Order #WO011 for Addressing Support for year 2024. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Robertson moved to sign Innovate Inc! Work Order #WO012 for Planning Department Support for year 2024. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Robertson moved to sign Innovate Inc! Work Order #WO010 for Enterprise GIS Support for year 2024. Commissioner Cossairt second. Motion passed unanimously.
9:05 a.m., Commissioners considered the application to transfer the 2023 county alcohol beverage license for Jayceen Swisher doing business as The Badger’s Den to Dayne Swisher to sell bottled and canned beer and wine by the drink to be consumed on premises. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The meeting was recorded.
The completed application and transfer fee have been received. Yet to be received is the transferred 2023 State of Idaho Retail Alcohol Beverage License and the transferred 2023 City of Bonners Ferry Retail Alcohol Beverage License.
Commissioner Cossairt moved to approve the transfer of the 2023 County Alcohol Beverage License from Jayceen Swisher doing business as The Badger’s Den to Dayne Swisher doing business as The Badger’s Den to sell bottled and canned beer and wine by the drink to be consumed on premises, pending receipt of the transferred 2023 State of Idaho Retail Alcohol Beverage License and the transferred 2023 City of Bonners Ferry Retail Alcohol Beverage License. Commissioner Robertson second. Motion passed unanimously.
The meeting to consider the transfer of the 2023 County Alcohol Beverage License for The Badger’s Den ended at 9:06 a.m.
Resident Kathy Sinclair Holliday joined the meeting.
9:08 a.m., Commissioners considered the approval of the new 2023 County Alcohol Beverage License for DG Retail LLC doing business as Dollar General Store #24714, located at 510051 Highway 95, Bonners Ferry, to sell bottled and canned beer and retail wine to be consumed off premises. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, and member of the public, Kathy Sinclair Holliday. The meeting was recorded.
The completed county application, applicable fee, and 2023 State of Idaho Retail Alcohol Beverage License have been received. Yet to be received is the 2023 Panhandle Health District Food Permit.
Commissioner Cossairt moved to approve the 2023 County Alcohol Beverage License for DG Retail, LLC doing business as Dollar General Store #24714 to sell bottled and canned beer and wine to be consumed off premises pending receipt of the 2023 Panhandle Health District Food Permit. Commissioner Robertson second. Motion passed unanimously.
The meeting to consider the county alcohol beverage license for Dollar General ended at 9:10 a.m.
Commissioners tended to administrative duties until their next matter of business at 9:30 a.m.
Commissioner Cossairt moved to declare the following items surplus and to offer them for sale in the online auction process: 1999 GMC Suburban, 1997 white Ford Thunderbird, a stack of firewood, and 24, approximately 15 feet tall street light poles. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2024-1. A resolution authorizing the sale of surplus county property via an online public auction. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-1 reads as follows:
RESOLUTION NO. 2024-1
A Resolution Authorizing the Sale of Surplus County Property
Via an Online Public Auction
WHEREAS, Boundary County owns surplus personal property, which is not being used by the County and for which the County is presently obliged to provide storage space, and which the various department heads and the Board of Boundary County Commissioners have determined is not necessary for the County’s use; and
WHEREAS, the Board of Boundary County Commissioners are authorized under Idaho Code Section 31-808 to sell or offer for sale at public auction, after not less than ten days’ previous notice given by publication in a newspaper of the county, any property, real or personal, belonging to the County but not necessary for its use; and
WHEREAS, the Board of Boundary County Commissioners believes it is in the best interest of the County that the surplus property described in “Attachment A” be sold and therefore desire to sell the property so described via online auction services offered through 3 Mile Auction.
WHEREAS, the surplus personal property will be offered for sale through the online auction process offered by 3 Mile Auction after notice of the online public auction is published in the local newspaper not less than 10 days’ prior to the auction; and
NOW, THEREFORE, upon motion duly made, seconded and unanimously carried, it is
RESOLVED that, after publication of notice in the Bonners Ferry Herald in the manner and for the time required by Idaho Code, the surplus personal property of Boundary County described in “Attachment A” be offered for sale through the online auction services of 3 Mile Auction at the 3mileantiquemall.com website.
DATED this 2nd day of October, 2023.
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/_____________________________
Tim Bertling, Chairman
s/_____________________________
Wally Cossairt, Commissioner
s/_____________________________
Ben Robertson, Commissioner
ATTEST:
Glenda Poston
Clerk of the Board of County Commissioners
s/___________________________________
Recorded as instrument #295518
“ATTACHMENT A”
1999 GMC Suburban, VIN #1GNFK16R7XJ318130
1997 white Ford Thunderbird, VIN #1FALP62W9VH137899
Stack of Firewood
Quantity of 24, Street Light Poles, approximately 15 feet, As-Is
County Civil Attorney Tevis Hull joined the meeting at 9:30 a.m.
Commissioner Cossairt moved to approve the minutes of September 25 & 26, 2023. Commissioner Robertson second. Motion passed unanimously.
Attorney Hull updated Commissioners on matters he is working on.
Attorney Hull left the meeting at 9:41 a.m.
Commissioner Robertson moved to renew and sign the Airport Manager Agreement with Dave Parker. Commissioner Cossairt second. Motion passed unanimously.
9:53 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to give the department report.
Chairman Bertling discussed the possibility of getting an air curtain incinerator for the main landfill and he mentioned speaking with someone from the Department of Environmental Quality (DEQ) in Boise about it. Chairman Bertling spoke of having talked to Richard Brennan from Shoshone County and being referred to Eric Bornhorst, who is an air quality consultant with environmental engineering and consulting firm, Maul Foster. It took Shoshone County one year to get a permit for an air curtain incinerator, because they were the first ones to do this in Idaho. Chairman Bertling said we should find someone who has already gone through this process. Mr. Skeen said he did contact someone about this and with the permit you cannot burn anything that has been glued and the biochar goes through the waste stream study. The county would have to get a permit for ash and biochar. Chairman Bertling said the county would work toward that. Chairman Bertling said he spoke to Shawn Sweetapple with the DEQ Office in Coeur d’ Alene and Mr. Sweetwater said he didn’t have an issue with treated wood going into the incinerator if it’s no more than 10%. Chairman Bertling said this will be a learning process for the county to do this. Mr. Skeen said he looked into incinerators in year 2009 and again in year 2022, and he has watched videos on the process. Mr. Skeen asked if this is material like they have at the landfill or logging material. Chairman Bertling said it’s everything. Mr. Skeen asked if he is to contact DEQ to start the permitting process and Chairman Bertling said yes. Maul Foster has worked with several different companies. It takes approximately eight to 10 weeks to get an air burner. If the county had the permit, the landfill may be able to get this going sometime in February or March, but it might be wishful thinking. Mr. Skeen spoke of limited space at the landfill.
Mr. Skeen asked about 10-yard containers proposed for the Naples and Paradise Valley monitored sites and he asked about the junction site. Commissioners said they did not want the 10-yard containers at the junction site yet. It was clarified that the change in days of operation to seven days per week was just for the main landfill only. Commissioner Robertson said the proposal for Mr. Skeen is 32 hours, but that puts the county in a bind and he would like to address that for next year. Chairman Bertling spoke of remote site employees not wanting to work full time, and he commented that he thinks the public will be happy having the main landfill open seven days per week.
Clerk Poston asked about the status of the landfill closure plan. Mr. Skeen said he will contact Matt Beeter with DEQ to check status, because it was last left in their hands. Clerk Poston said we don’t know what we need to budget for the closure plan.
Chairman Bertling asked why the county doesn’t recycle glass and Mr. Skeen said if glass goes into the recycling, it costs more. Chairman Bertling said he was talking with a forester who said they used to get the glass and would crush it and use it for road base. Chairman Bertling said glass could be turned back into sand. Mr. Skeen said that’s correct and we can give it back, but he would look into having a waiver signed by someone when they receive glass, similar to when someone wants to take tires from the landfill. Chairman Bertling said the material wouldn’t leave the landfill as glass other than in chunks or particulates. Mr. Skeen said he talked to Road and Bridge Department Co-Superintendent Renee Nelson about glass and it was something they somewhat steered away from using.
Commissioners asked Mr. Skeen about the status of a landfill truck and Mr. Skeen said it’s out of the shop and it seems okay.
Mr. Skeen spoke of the 10-yard containers in relation to welding and he requested using a certified welder to take care of whatever needs welded before the containers get used. Chairman Bertling said he did see a few containers that were already in good condition to use. Commissioner Robertson said he saw a few containers that needed a little work.
Chairman Bertling explained looking into a tire de-rimmer so rims could be taken off of the tires brought to the landfill.
The solid Waste Department will look at taking compaction dumpsters out this week.
The meeting with Mr. Skeen ended at 10:12 a.m.
10:22 a.m., Chief Probation Officer RJ Webber joined the meeting to give the Probation Department report. Mr. Webber said he didn’t have very many updates to go over since the last meeting and he reviewed the number of people on various forms of probation. The Probation Office still has a position vacancy. The phones in the Probation Office are still not working, but they’re able to use one phone that was brought in in the meantime. Commissioners and Mr. Webber discussed the proposed firearms policy for the Probation Office. Mr. Webber said County Civil Attorney Tevis Hull wants him to speak with District I Administrative Judge Meyer, District Court Judge Berecz and Magistrate Court Judge Julian to also have them review the policy and provide an opinion, so he’s still working on that. Chairman Bertling asked Mr. Webber if he’s seen an increase in fentanyl. Mr. Webber said he started seeing an increase in fentanyl in year 2021 before he started working for Boundary County. Mr. Webber said he doesn’t see heroin use; it’s mainly just meth and fentanyl that are still making their way around all of north Idaho. People are lacing other drugs with fentanyl, including marijuana. A lot of illegal marijuana is still coming over the border from Mexico, even though it’s legal in some states, but it is found to be laced with fentanyl.
Clerk Poston said one resolution was pushed forward at the Idaho Association of Counties conference pertaining to fentanyl in that it would require that a drug charge would carry a sentence since it doesn’t right now. Commissioner Robertson asked how to know where fentanyl is coming in from. Mr. Webber said he knows it’s coming in from Spokane and Montana, but the majority is from Spokane. The main route used to bring fentanyl in is Highway 41 out of Spirit Lake or north from Newport, Washington. Bonners Ferry is more just a bump in the road, but these drugs are still here.
The meeting with Mr. Webber ended at 10:39 a.m.
Commissioners tended to administrative duties until their next meeting at 11:00 a.m.
11:00 a.m., Courthouse Maintenance Squire Fields joined the meeting to give a department report. Mr. Fields provided an update on the sprinkler repairs needed at the Annex. Repair work is going to be done by J7 Contracting and Water Wizards. Chairman Bertling suggested having Water Wizards blow out the sprinklers in the meantime. Mr. Fields informed Commissioners that Water Wizards checked everything last week and they will need to wait until spring to fit this repair into their schedule, so J7 Contracting wants to repair it. Mr. Fields said he gave the Courthouse boiler a test run and it seems to work, except for a leak on the condensation return. The system is off right now, but he will fix the leak before turning the boiler on consistently for winter. Mr. Fields explained running into electrical issues during the remodel of the office space formerly used by Boundary Ambulance, but everything is now updated and labeled so he can put up new walls. In mid-October Mr. Fields will have the sprinklers blown out and will winterize of all county buildings. Today, more University of Idaho Extension Office items will be moved to their new location or to the dump or storage. The outside of the Courthouse has been washed by the City of Bonners Ferry Fire Department on one of their training nights. Mr. Fields said he was planning to rent a lift, but the fire department offered to wash the building as training. Mr. Fields asked if the county can buy pizza for the fire department as a thank you. Commissioners were fine with that.
The new front door for the Courthouse has been ordered and Commissioners are just waiting for it. Mr. Fields said the front steps to the Courthouse will be painted this weekend. Clerk Poston complimented Mr. Fields on finding free, good quality desks to put in the space used by Boundary Ambulance as an office. Mr. Fields informed Commissioners that his department truck is having issues, so he will take it to Riverside Auto before winter since it’s the plow truck. Riverside Auto has worked on this truck in the past.
The meeting with Mr. Fields ended at 11:11 a.m.
Commissioners recessed until their next meeting at 11:30 a.m.
11:30 a.m., Boundary Economic Development Council (EDC) Director David Sims joined the meeting to update Commissioners on EDC matters.
The Eastport Reload Center transaction did close and they will be operational later this month or in November. The frozen yogurt shop is working on their space so they won’t be open for a few months. Broadband continues to be a topic at the Department of Commerce. There will be listening sessions coming up about broadband and it’s not certain if these sessions are going to be linked via video, but the school district is facilitating it. The EDC team met on September 11th with the National Telecommunications staff and they had a regional director talk about funding. The budget is $1,000,000.00 for compliance. With all of the federal money coming in for broadband, forming a broadband team was suggested. One role is to coordinate a broadband action team to determine needs in the county, but since this position was not filled, Mr. Sims will ask the EDC Board if they want him to facilitate that. Mr. Sims said the City of Moyie Springs was awarded additional funding for the sewer project and now the engineering firm involved with this project wants additional compensation for work that was already done and paid for.
Mr. Sims said the Innovia Foundation wants him to sit on a panel that will talk about transportation planning. Mr. Sims provided an update based on information from the Bonners Ferry Gateway Visitors Center. The Visitors Center saw a good increase in people this summer and the month of August was 73% higher this year than last year. There were approximately 400 visitors in August and 500 in July based on the people who had signed in at the Visitors Center. For the Producer Grant, the two applicants from Boundary County were not funded.
Mr. Sims said for the local option tax, the City of Bonners Ferry collected $67,000.00 from sales in July. July will probably be the highest collection month. Mr. Sims said if he had to extrapolate that to annual funding, that will be approximately $620,000.00 to $650,000.00 per year. The Idaho Department of Labor continues to scale back and in September they closed their office in Sandpoint, but the community really didn’t know about it. Clerk Poston said she doesn’t think the community knows where the offices were at anyhow. Mr. Sims explained where the Department of Labor used to hold meetings and now they use the Visitors Center as an office on Mondays, Wednesdays and Friday from 10:00 a.m. to 2:00 p.m.
Commissioner Cossairt said knowing how hilly our terrain is, how much internet coverage do we have? Mr. Sims said he will send a link for that information, but it’s not very accurate and it’s updated by the vendors.
Ms. Holliday left the meeting at 11:40 p.m.
Those present discussed electric car charging stations.
The meeting with Mr. Sims ended at 11:51 a.m.
11:53 a.m., Commissioners took a call from Courthouse Maintenance Squire Fields to get an update on repairing the sprinklers at the Annex. Commissioners asked to get a quote from Water Works.
Commissioners recessed for lunch at 12:00 p.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the department report. Personnel Director Pam Barton also joined the meeting.
Commissioner Robertson 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 Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 1:50 p.m. No action was taken.
Ms. Barton left the meeting.
Ms. Nelson reviewed work as listed in the department report and discussed matters pertaining to funding from the Idaho Transportation Department as it pertains to road miles maintained by Road and Bridge and issues associated with Wilderness Road and Klockman Road.
Commissioner Cossairt moved to approve Road and Bridge Variance Application 4-2023 for Homestead Loop. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve Road and Bridge Variance Application 5-2023 for Homestead Loop. Commissioner Robertson second. Motion passed unanimously.
Ms. Nelson discussed weight restrictions placed on the Shiloh Bridge and she said this bridge hasn’t been load rated since 1985 so it’s being looked at it again. The axel weight was not changed, the entire weight of the bridge was reduced to five tons. Ms. Nelson said she spoke to Matt Hall with HMH Engineering, because they’re working on the Leading Idaho Local Bridge (LILB) program so she will update them about the inspector’s comments. Road Foreman Brad Barton met with Mr. Hall last Wednesday and due to the railroad bridge, they might have to put in a longer bridge over the whole area. The track is a double decker track so that will be a lot to figure out, but it is supposed to be included in the project that has no match requirement. Ms. Nelson said she also needs to talk to IDL about this, because the old guard station is back in that area.
Ms. Nelson spoke of finishing work on Skin Creek Bridge and she said she talked with Northwest Grading and it might be nice to have ribbon cutting ceremony for this bridge
Ms. Nelson informed Commissioners that Matt Hall with MHM Engineering is looking at the design for widening Smith Lake Road from Highway 95 to the corner by Legacy Ridge. They will see what widening and improvements can be done. There are grants for various projects and this project might qualify. Mr. Hall has ideas to fix these issues. Ms. Nelson said it’s the same thing with Perkins Lake Road. The last section needs more rock and then Road and Bridge can grade it farther out where the houses and dairy are located, where they have filter cloth and rock. Chairman Bertling spoke of Highway 2 resurfacing.
Ms. Nelson said she wanted to talk to Commissioners about planning for approaches. On Holmes Road, the school bus goes in and turns around and they’ve paved the approach at each end, but not in the middle. If Road and Bridge could start getting coordination, there would be some really good approaches and there wouldn’t be as many accidents.
The meeting with Ms. Nelson and Mr. Morris ended at 2:13 p.m.
2:14 p.m., Commissioners held a bid opening for the Sheriff’s Office Jail Roof Replacement project. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser. The bid opening was recorded.
Chairman Bertling said one sealed bid was received by the due date. The bid was from Bogie and Sons Roofing and Siding. The total bid amount is $123,460.00 and a bidder’s security in the amount of $6,250.00 was provided. All required insurance certificates and licenses were also provided.
Commissioner Cossairt moved to accept the bid from Bogie and Sons Roofing and Siding for the Sheriff’s Office Jail roof replacement for an amount up to $123,460.00. Commissioner Robertson second. Motion passed unanimously.
The bid opening ended at 2:17 p.m.
Commissioner Cossairt moved to sign the Independent Contractor Agreement with Bogie and Sons Roofing and Siding for the Sheriff’s Office Jail Roof Replacement Project. Commissioner Robertson second. Motion passed unanimously.
2:30 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.
***Tuesday, October 3, 2023, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Skyler Sharp with SWS Equipment joined the meeting to discuss compacting trucks for the Solid Waste Department. Chairman Bertling said Commissioners want two solid working trucks and to get rid of one truck they currently have. Commissioner Cossairt spoke of parts for Sterling trucks being harder to get. Chairman Bertling spoke of the higher number of trips being taken when using roll off containers and he said Waste Management System would probably be out of business if they didn’t compact. Chairman Bertling explained wanting to compact just the household garbage at the monitored sites. Those present discussed rear load refuse containers and described the mechanics of the system on the truck.
Mr. Sharp discussed the approximate weight of the trucks being 58,000 to 60,000 pounds once they’re loaded. The trucks would pick up a load from the remote sites, empty them at the landfill and go out to pick up another load. Mr. Sharp handed out a brochure for the Leach brand trucks. Chairman Bertling explained that the county has had roll off containers and they will be putting the compacting containers out. Mr. Sharp provided recommendations for systems for the county. Commissioners spoke of wanting the safest system possible and they asked if there are warning systems in place if something doesn’t latch properly on the truck. Discussion continued on the different styles of trucks, lighting options for the trucks, and what the timeline is for the build. Mr. Sharp explained that body builds take approximately four months from the receipt of the chassis, but it’s the chassis arrival date that is harder to pin down, depending on manufacturer. Each of these dealerships receive only a certain number of trucks in a particular year. The cost of the body itself is approximately $120,000.00. The cost of the chassis just depends, but SWS Equipment has a demo truck being built now and the cost is $300,000.00, but it doesn’t have some of the features the county needs. Chairman Bertling said it sounds like the overall cost is approximately $270,000.00 to $300,000.00. Commissioner Cossairt said $300,000.00 is a big investment so we need to be able to get parts 15 years down the road. Those present discussed truck brands, their respective engines, and the option for SWS Equipment to purchase the county’s existing truck that the county would be looking at getting rid of. Mr. Sharp said the trucks have a standard, one-year warranty for parts and labor, but the county could purchase additional warranties.
The meeting with Mr. Sharp ended at 9:57 a.m.
Veterans Service Officer Ron Self joined the meeting at 9:58 a.m.
10:00 a.m., Commissioner Robertson moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a vacancy or need. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 11:55 a.m. No action was taken.
Commissioners recessed for lunch at noon.
1:30 p.m., Commissioners reconvened for the afternoon session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #23-0113, a long plat urban subdivision for the Billie and Patricia Poulton Family Trust. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Contract Planner Tessa Vogel, Assessor Olivia Drake, Road and Bridge Department Co-Superintendent Renee Nelson, Todd Banducci, Carrie Figgins, Shelly Yount, Cathi Winkelseth, Jordan Winkelseth, Karen Pedey, Dick Staples with JRS Surveying, Alan Winkelseth, Jerry Higgs, and Bonners Ferry Herald Staff Writer Emily Bonsant. The hearing was recorded.
Chairman Bertling reviewed the public hearing procedures. No one had any questions of the hearing process. Commissioners cited no conflicts of interest.
Chairman Bertling asked Ms. Vogel for a staff report. Ms. Vogel said the applicants are requesting preliminary plat approval for Poulton Pines Subdivision, an urban subdivision via long plat to create 20 lots from two parcels totaling 62.24 acres and ranging from 2.5 acres to 10+ acres. The Planning and Zoning Commission recommended approval with conditions. Ms. Vogel’s presentation included references to Boundary County Ordinance 2023-01, Section 11.3.7. pertaining to urban subdivisions and Ms. Vogel mentioned this is the long plat process. The subject property is located in the residential, agriculture and forestry zones and is also in the area of city impact. The residential zone is based off of services provided and the minimum lot size is 2.5 acres where neither community water nor sewer are available. Private wells and septic/drainfield systems are proposed. The subdivision could be served by Three Mile Water District in the future. The City of Bonners Ferry will provide power, and the property is within North Bench Fire Department boundaries.
The Planning and Zoning Commission heard this application on August 24, 2023, and they recommended approval. Included in the staff report is a copy of the actual subdivision layout and Ms. Vogel pointed out where the parcels are located now. The sites are located adjacent to 822 Chokecherry Drive. The road is to be paved. Ms. Vogel said the application was routed to various agencies for comment and comments were received from the County’s Addressing Coordinator, the County Assessor and County Road and Bridge Department. The Road and Bridge Department provided encroachment permit information is to be shown on the preliminary plat. There are conditions of approval for the plat. The City of Bonners Ferry did not have any comments other than the city having said it won’t provide services until this area is annexed. North Bench Fire Department just asks that landowners contact them about hydrants and roads to accommodate their trucks. Panhandle Health District provided information about the parcels. Landowners within 300 feet of the subject property were also notified. Planning and Zoning initially didn’t receive comments, but later written comment in opposition to the application was received on August 21, 2023. No new written comments were received. Ms. Vogel pointed out where the staff analysis and draft conditions for discussion and adoption could be found in Commissioners’ information packet. No new information was provided by the Planning and Zoning Commission, except for #14 of the Draft Findings and Conclusions for Discussion and Adoption. The Planning and Zoning Commission recommendation approval with conditions, which are labeled a, b, and c. Draft Conditions of Approval for Discussion and Adoption are included in the packet. Condition #8 was amended and Conditions #14 through #16 were added. Commissioners had no questions of Ms. Vogel.
Commissioners asked the applicant for an opening statement. Mr. Staples represented the applicants and said he didn’t have much more to add. Mr. Staples said he believes this subdivision is a natural extension of development that is already there. The Poultons have done a good job in the past keeping lot sizes large. These lots are all over a certain size and the shape is very suitable to the surrounding area. Mr. Staples mentioned there might be a small change to the plat acreage and the lots will all be above 2.5 acres, but they may move things a bit. Commissioner Robertson questioned if Commissioners needed to have another hearing for this change. Ms. Vogel explained that since lots are not going below 2.5 acres and only adjustments are being made, it’s not a substantial change and another hearing is not needed.
Commissioners opened the hearing to public testimony and called for comments in favor of the application. No one spoke in favor. Speaking uncommitted was County Assessor Olivia Drake. Assessor Drake drew a diagram on a white board showing a lot and explained how different lots can be divided causing it to have separate tax codes and she would have to create two different taxing parcels. The owner who buys certain lots will have two different parcel numbers and a different levy rate for the water district, etc. When someone builds a home across a taxing district boundary line, the Assessor’s Office doesn’t know if they’re to tax the house with the higher or lower levy rate. If someone builds in another particular location and they’re are actually receiving water services, they might think they’re in the water district and if the water district board wants to do a bond, the property owner will not get a vote. Assessor Drake questioned if a condition could be made that they work with the Three Mile Water District to expand their boundaries around the platted lots. Chairman Bertling said his concern is that should’ve been brought before the Three Mile Water District first. Assessor Drake said she was hoping a representative from the water district would’ve been at this hearing. Assessor Drake said she commented on this as something to note, but she doesn’t think people understand how big of an issue this is. Chairman Bertling said this really needs to be worked out. Commissioner Robertson asked how many lots this affects? Assessor Drake said approximately five or six lots could be affected. Assessor Drake added that it is for owners to understand that if someone wants to vote, they might not get that chance. No one else spoke uncommitted. Speaking in opposition was Jerry Higgs who read his comment into the record. Mr. Higgs explained that he lived within the notification range of this proposed development. Mr. Higgs said he is against the proposal as submitted, but he has provided suggested modifications. This development borders state forest land and other parcels that are forested. Cul-de-sacs in this plan leave residents with only one way out in the event of a wildfire. Mr. Higgs suggested a replat in which cul-de-sacs would be eliminated and instead roads would be extended via lot accesses. These changes would provide multiple points of access and make access easier for emergency vehicles. The developer should be required to install an 8-inch fire and water main, with adequate hydrants, which would extend down Poulton and Sandy Ways to Chokecherry Drive for future hookups with Three Mile Water District. The proposal for a potential 19 private wells is not feasible. Current well logs reveal that this area would not produce water in the quantity required. Mr. Higgs said the county has planners under contract who prepare the Commission. Mr. Higgs explained that he sat through another previous hearing where the ordinances were all applicable, but that information was not in the hands of the Planning and Zoning Commissions. There are well logs, notification for 300-feet, an additional 10-acre parcel that was added, but it wasn’t a part of the map. The Planning and Zoning Commission should have rescheduled the hearing. Mr. Higgs said this is Commissioners’ decision. Is this controlled growth or uncontrolled growth? The conditions addressed are: adequate and safe access, fire safety and adequate water supply. The current proposal could be a formula for danger and squalor and Mr. Higgs said he is less than 300-feet away.
Also speaking in opposition was Todd Banducci, Post Falls, Idaho. Mr. Banducci said he does respect property rights in Idaho, but believes we need to hit the pause button. Mr. Banducci said when they heard the initial proposal, they had no issues and they received the second notice pertaining to the additional parcel and they didn’t have a problem with that. Mr. Banducci said they didn’t get the notice of the third parcel and they’re most directly affected. Mr. Banducci said Mr. Higgs had made them aware of the other issue. Mr. Banducci mentioned he was denied the ability to address Planning and Zoning with his concerns, because he didn’t receive the notice. He tried contacting Carrie Poulton Figgins and he did have conversations, but they were a bit dismissive and curt and he also received the same response from Ms. Vogel. Mr. Banducci said he has questions and wants to understand the implications of how this affects his property. If there is any water coming down the hillside, the old road is now his and his wife’s property and they’re concerned about water coming down. Mr. Higgs gets water runoff, too. The City of Bonners Ferry said they could get an easement and have a road. If they were to consider such things, he needs to understand what is going on above him, but he has not been able to get information as to what is going on. He would like to have his calls returned. On this piece of property, after receiving notice, he doesn’t know what is going to happen. As a good neighbor, he would like communication from his other neighbor about what is to be planned and he might be in favor of it, but he doesn’t know what’s going on. Mr. Banducci said he doesn’t know if this is just pushed over to Commissioners, thinking it will be approved. It’s egregious that there is no communication. How is it going to affect him? It’s just common courtesy. Mr. Banducci reiterated that he may be in total support, but it’s a bit premature. Chairman Bertling asked what lot is Mr. Banducci’s. Commissioner Robertson questioned notification and Mr. Banducci explained that this is his first chance to engage about this. Mr. Banducci said he did contact Ruen-Yeager and Associates and they told him they would mail him something, but they were not very friendly. There were no further comments in opposition.
The applicants’ representative provided a rebuttal. Mr. Staples mentioned the issue involving Three Mile Water District’s boundaries. Karen Pedey’s property is also served by this water district so he’s concerned. Assessor Drake said she believes it excludes a certain area. Ms. Pedey said she got a water permit in 1995, so maybe the water district has changed their boundaries. Assessor Drake said that is possible. Mr. Staples said regardless of the situation involving water, the lots are to be served by wells and septic; not Three Mile Water District. Mr. Staples added that he understands the issue for the Assessor’s Office, but at this point it’s not an issue. Mr. Higgs talked about cul-de-sacs and Mr. Staples said he spoke to the property owner and they’re willing to build a fire escape route and it will also be a utility easement. When, if ever, they use the water district, it would make sense to have an easement. Ms. Nelson mentioned asking the property owners about that. Road and Bridge will need some type of note or condition about where the easement or fire access will be so Road and Bridge knows it will meet the county road standards. Mr. Staples said the fire department had no comment. Ms. Vogel mentioned that the fire department had concerns that the hydrants would be at a dead end so they don’t know until there is a plan drafted with the landowners, but they didn’t give concerns.
Commissioner Robertson asked if it is possible to extend the loop to Chokecherry Drive and Poulton Way. Mr. Staples said that would be a fire route and not a road that is used every day. It would be just for access and utilities. Chairman Bertling said he has a problem due to maintenance of the road. When fire comes, it may be very inopportune, but if it’s a loop road, it will ensure another exit. Commissioner Robertson said he would be more inclined to agree with the application if it was a loop road.
Ms. Pedey said when fire was mentioned, her property sits above what she calls two chimneys, which are two canyons coming up from valley. If a well-maintained road came into the cul-de-sac, it would be driving right into the fire since they travel uphill. So, it’s food for thought. The cul-de-sac is big enough, but she’s just thinking of the direction the fire would travel.
Ms. Vogel said this is a long plat process and the Planning and Zoning Commission doesn’t make the final decision; they just make a recommendation. Ms. Vogel spoke of being made aware that Lot 20 needed to be included in the application after routing the application and it was close to the hearing date. This update was described as separate, but it needed to be included. Because this lot shares the same parcel numbers and the same radius map, the same people were notified. Ms. Vogel spoke of receiving a phone call from Ms. Banducci about receiving the notice that did confirm the mailing address, which is the same address from the County Assessor’s records. The application documents can also be found on the county’s website and the newspaper references this information. Regarding water and erosion, Boundary County doesn’t have a code section for this so it would not be talked about at the Planning and Zoning Commission or County Commission level. It’s not a standard the applicants are held to. There is nothing in code saying they’re doing wells. If the applicant is claiming to have Three Mile Water service and they want their lots to go below 2.5 acres, they would have to provide a letter. Planning and Zoning said they liked the idea and they like coming out on Sandy Way to Chokecherry Drive or the western portion to Chokecherry Drive. Any access points to Chokecherry Drive have to meet access requirements, so fire accesses would have to meet conditions for approval. Ms. Vogel spoke of making the applicants aware of the Assessor’s note pertaining to boundaries. There is code pertaining to division in the ordinance, but this cannot hold up an application. Ms. Vogel said she has seen where a piece of property is located in two tax codes and has two parcel numbers. Assessor Drake can clarify that it’s only one parcel, but it’s in two districts.
Commissioners closed the hearing to additional testimony and called for discussion amongst themselves. Commissioner Robertson discussed adding a condition to the application and he questioned if it’s possible that the cul-de-sac area could extend through Lot 7 to Chokecherry Drive? Mr. Staples said yes. Ms. Vogel spoke of Draft Condition of Approval #15. Commissioner Robertson said this condition needs to be stated that access is from the end of the cul-de-sac to Poulton Way. Chairman Bertling said he doesn’t want Condition #15 to say it is a secondary access. Chairman Bertling and Commissioner Robertson said they want verbiage to state this is a continuation; not secondary. Commissioner Robertson asked if the taxing district needs to be addressed. Chairman Bertling said Three Mile Water needed to be included in this conversation since it could impact the people who are buying these lots and he asked about reaching out to Three Mile Water to ask questions. Assessor Drake said that should not hold up Commissioners’ decision today, but it is something to think about with these subdivisions going in. Commissioner Cossairt said to just make Three Mile Water aware of the issue and let them know they need to clean it up. Chairman Bertling asked about the water line running down Chokecherry Drive. Ms. Vogel said she would assume it does, but Three Mile Water didn’t respond the three times she reached out to them. Chairman Bertling said the biggest thing for him is the road and having firefighters having to deal with dead ends. Commissioner Robertson said whenever it is doable, make it a loop road. Ms. Vogel said Condition #15 could be amended to say this access must be a continuation of Poulton Pines to tie into Chokecherry Drive. Ms. Nelson spoke of the applicants and the road standards process for a variance.
Commissioner Cossairt moved to approve the preliminary plat of Poulton Pines Subdivision, a proposed urban subdivision, File #23-0113, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions and conditions as written or amended. This action does not result in a taking of private property. This includes draft findings and conclusions 1 through 14 and draft conditions of approval 1 through 16, with condition 15 being amended to state the final plat shall include the continuation of Poulton Way to Chokecherry Drive. Commissioner Robertson second. Motion passed unanimously.
The public hearing to consider Planning and Zoning File #23-0113 ended at 2:24 a.m.
2:30 p.m., Commissioners held a public hearing to consider Planning and Zoning File #23-0150, amending Lot #13 of the Amended Plat of Lots 4 & 13 North Ridge Estates 1st Addition, short plat, lot line adjustment requested by applicants Christopher & Kalahan Copley and The Poulton Family Trust. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Contract Planner Tessa Vogel, Road and Bridge Department Co-Superintendent Renee Nelson, Dick Staples with JRS Surveying, and Bonners Ferry Herald Staff Writer Emily Bonsant. The hearing was recorded.
The applicant is requesting preliminary plat approval to enlarge Lot 13A of the Amended Plat of North Ridge Estates 1st Addition by approximately .014 acres to accommodate an existing structure built over the lot line. The adjustment between Lot 13A and the Poulton properties will result in a 2.10-acre lot and a remainder of approximately 56.4 acres.
Commissioners asked for a staff report. Ms. Vogel explained the need for this process. This is just adjusting a shared boundary line and adding .14 acres to adjust an encroaching structure. This addition increases the lot size to 2.1 acres and the remaining 56.4 Poulton acreage is being divided. Ms. Vogel referenced the standards of review and aerial of the property. The property is located in the agriculture/forestry zone and it’s deemed to be a legal non-conforming parcel, so it can be enlarged. A copy of the preliminary plat was reviewed that shows the Poulton Trust property and the new configuration. The lot line is being adjusted so the structure can meet its setbacks. The property is accessed by Chokecherry Drive, which is a county road. Ms. Vogel reviewed agency comments provided by the Assessor and Panhandle Health District. Property owners within 300 feet of the site were mailed notices and a notice was also published in the Bonners Ferry Herald. Ms. Vogel pointed out the standards of analysis of applicable codes and draft findings and conclusions. The lower Poulton portion of the property is only approximately 18.5 acres so it cannot be divided further in the future. This plat should be recorded prior to the Poulton Pines Subdivision, because if it isn’t, it won’t show the corrected configuration and it would have to go through a replat. So, it’s best to record this first, according to Ms. Vogel.
Commissioners asked the applicant for an opening statement. Mr. Staples represented the applicants and said the lot name is Lot 13A currently and he and Ms. Vogel discussed what the new lot could be designated as when the plat is amended.
Commissioners opened the hearing to public testimony and called for comments in favor, uncommitted and opposed to the application. Nobody asked to comment. Commissioners closed the hearing to public testimony.
Commissioner Robertson moved to approve the preliminary plat for Amended Lot 13A of the Amended Plat of Lots 4 & 13, North Ridge Estates 1st Addition, a proposed lot line adjustment, File #23-0150, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written. This action does not result in a taking of private property. Commissioner Cossairt second. Motion passed unanimously.
The hearing to consider Planning and Zoning File #23-0150 ended at 2:43 p.m.
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TIM BERTLING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk