Monday, April 8, 2024, 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., County Civil Attorney Bill Wilson, Road and Bridge Department Co-Superintendents Renee Nelson and Brad Barton, Road and Bridge Department Assistant Adam Ryals, Lance Mastre, Kirk Seaman, Chad Isaac, and Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.

Attorney Wilson introduced himself to Mr. Mastre, Mr. Seaman and Mr. Isaac. It was said that Boundary County has been publicly maintaining this portion of Labrosse Hill Road and the public has been using it. The issue with this road has been the subject of use and maintenance for at least five years. Attorney Wilson referenced Idaho Code Statute 40-203A, where the board can decide to initiate validation proceedings, which does need to be done by written resolution. Once commissioners decide they want to engage in this process, statute says a report is created by staff to establish historical evidence necessary, a survey is done to clearly identify actual dimensions, and any other information is provided so commissioners can make an informed decision. Once commissioners decide, they will notice a public hearing and the Planning and Zoning Department is the right department to administer this process. This issue can be factually difficult. The county has to show that public use and maintenance has been ongoing for the last five years. The county can have current employees testify to the plowing and maintenance they’ve done and neighbors can submit affidavits. Attorney Wilson explained the hearing and post hearing process.

Chairman Bertling asked how involved commissioners can be. Attorney Wilson explained the due process rights of all parties involved. Commissioners can initiate a site visit, but they have to be careful to preserve the due process rights of everyone. The process is almost like a public hearing on site.

9:14 a.m., Planning and Zoning Administrator Ben Jones joined the meeting.

Ms. Nelson said she wanted to make sure the questions of the landowners were getting answered based on a formal letter they had received. Those present discussed a prescriptive right-of-way versus validating a prescriptive right-of-way. Attorney Wilson explained that he cannot give legal advice to non-clients. Commissioner Cossairt said the property owners want to access their property and that is their concern. Attorney Wilson said this is for the public at large. Commissioner Robertson asked how currently there is standing to use this road and Attorney Wilson said that is the question. The county could state this road has prescriptive right-of-way, but without the validation process, it might be putting the cart before the horse. Commissioner Robertson questioned if someone puts a fence in, should Road and Bridge take it out? Attorney Wilson said at this time, no. The county is only involved in access for the greater public; not specific neighbors. Those neighbors would need to establish the time of use of this road and get an attorney and figure that out. Ms. Nelson questioned if any of the county roads that have a prescriptive right-of-way need to go through the validation process if it hasn’t been done. Attorney Wilson said he thinks so.

Mr. Seaman asked, if the county were to go through the validation process, then this scenario of a neighbor doing so privately wouldn’t be necessary. Attorney Wilson said that is correct. Mr. Mastre said at some point there was a decision not to give that road back to the landowners, and he asked if there is a way to know if that road was validated at some time. It was said the validation was in year 1965. Attorney Wilson said that could be a part of the reporting process.
Mr. Seaman said there have been some light winters so plowing wasn’t always done and Ms. Nelson explained that maintenance includes more than just plowing snow. Attorney Wilson advised against prejudging these situations. Commissioner Robertson said the county needs to adopt a resolution, then have a survey done of the area. Attorney Wilson reviewed the steps to take. Ms. Nelson said road validations validate the rights-of-way, but questioned how it affects utilities coming in?

Attorney Wilson briefly discussed when property owners put up fences or other obstructions along the county’s right-of-way.

Mr. Mastre, Mr. Seaman, and Mr. Isaac left the meeting.

Attorney Wilson updated commissioners on the equipment that was sold through the online auction process. Attorney Wilson commented that he reached out to someone who knows the buyer of this piece of equipment and mentioned that this equipment needs to be picked up, since the county cannot hold it. The county might need to reclaim the equipment after a certain point and offer it for sale again.

The meeting with Road and Bridge staff and Attorney Wilson ended at 9:51 a.m.

Ms. Bonsant remained in the meeting.

Commissioner Robertson moved to reappoint Jeannie Robinson to the Restorium Advisory Board with a term to expire January 31, 2027. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2024-24. A resolution for Boundary County, Idaho, in support of Boundary County’s Hidden Heroes. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-24 reads as follows:

PROCLAMATION

IN SUPPORT OF BOUNDARY COUNTY’S MILITARY CAREGIVERS
IN COLLABORATION WITH IDAHO’S DAR AND HIDDEN HEROES

WHEREAS, the series of wars and conflicts in which our nation has been engaged over time, since World War II, has resulted in 5.5 million military and veteran caregivers who are parents, spouses, siblings and friends, caring for those wounded, ill or injured who have served our nation, as documented by the 2014 RAND study commissioned by the Elizabeth Dole Foundation; and
WHEREAS, the daily tasks of these military and veteran caregivers can include bathing, feeding, dressing and caring for the injuries of wounded warriors, administering medications, providing emotional support, caring for the family and the home, and working outside the home to earn essential income; and
WHEREAS, the nation provides multi-faceted support to our wounded, ill and injured veterans and service members through public, private and philanthropic resources, but their caregivers receive little support or acknowledgement; and
WHEREAS, most military and veteran caregivers consider the challenging work they do as simply carrying out their civic and patriotic duty, without realizing they are, in fact, caregivers, and do not identify themselves as such; and
WHEREAS, an alarming number of military and veteran caregivers, according to research, are suffering numerous debilitating mental, physical and emotional effects as a result of their caregiving duties; and
WHEREAS, Boundary County desires to recognize and support those who are serving in these vital roles in our own community;

NOW, THEREFORE, BE IT RESOLVED
1. That Boundary County, announces its support of military and veteran caregivers in our communities.

2. That Boundary County seeks to identify military and veteran caregivers residing in our communities and determine the unique challenges they face.

3. That Boundary County will work to ensure that our government, organizations, employers and non-profits are aware of the unique challenges of military and veteran caregivers and are encouraged to create supportive environments and opportunities for assistance.

4. That Boundary County encourages all who care for and support veterans and service members to extend that support to their caregivers.

5. That Boundary County shall designate a point of contact for our community, for citizens and organizations wanting to offer support and caregivers seeking that support.

6. That Boundary County uses the Elizabeth Dole Foundation’s Military Caregiver Experience Map to understand the state of the military caregiver journey and use it as a tool to encourage community understanding and support.

7. That Boundary County shall work in concert with the Idaho State Society, Daughters of the American Revolution (ISSDAR) to execute these tasks, thereby ensuring Idaho’s Military Caregivers are identified, acknowledged for their service, and supported wherever possible.

ADOPTED by the County of Boundary, State of Idaho, on this 8th day of April, 2024.

ATTEST
s/______________________________________ s/____________________________
County Commissioner Chair Clerk
s/______________________________________
County Commissioner
s/______________________________________
County Commissioner
Recorded as instrument #296794

Commissioner Cossairt moved to adopt Resolution 2024-25. A resolution increasing the Solid Waste budget due to reimbursement for duplicate payment. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-25 reads as follows:

RESOLUTION 2024-25

INCREASING THE SOLID WASTE BUDGET
DUE TO REIMBURSEMENT FOR DUPLICATE PAYMENT

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the Boundary County Solid Waste Budget for fiscal year 2023-2024, and

WHEREAS, Boundary County has received reimbursement in the amount of $9,697.96 from Western State Equipment for reimbursement for a duplicate payment, and

WHEREAS, the Boundary County Solid Waste Budget is in need of additional revenue for fiscal year 2023-2024, and

WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and

WHEREAS, it is appropriate to increase the Boundary County Solid Waste Budget Fund 23-00-491, and

NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

IT IS RESOLVED, that the increase to the Boundary County Solid Waste Expense Account Number as outlined above is hereby authorized and ordered, and

IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

DATED this 8th day of April 2024

COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/________________________
Tim Bertling, Chairman
s/_________________________
Wally Cossairt, Commissioner
s/_________________________
Ben Robertson, Commissioner
ATTEST:
s/
Glenda Poston, Clerk of the Board of County Commissioners
Recorded as instrument #296795

Commissioner Cossairt moved to approve the Restorium policy updates. Commissioner Robertson second. Motion passed unanimously.

Commissioner Robertson moved to sign the Findings and Decision for Planning and Zoning File 24-0056, Deer Park Ranch Subdivision for Laurel and Robert Martin, a short plat, rural subdivision. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Robertson moved to approve and sign the re-amended plat for Pinetop Subdivision for Shem Johnson. Commissioner Cossairt second. Motion passed unanimously.
Commissioner Robertson moved to sign the State of Idaho Department of Agriculture Selkirk Cooperative Weed Management Agreement Award of 2024 State General Fund Cost Share Funds. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation Form for tax year 2019 for parcel #PPB00000339338 and cancel $2,771.82 in tax and $55.44 in late fees and interest since Shopko filed bankruptcy in 2019, and the county has been unable to collect on the personal property bill for 2019. Commissioner Robertson second. Motion passed unanimously.

Ms. Bonsant left the meeting at 10:15 a.m.

Commissioners tended to administrative duties.

Commissioner Cossairt moved to sign the State of Idaho Department of Health and Welfare Contract #HC5267 for the Boundary County Mosquito Abatement District. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to deny the Property Tax Exemption Application for parcels RP61N02E055562A and RP61N02E055000A as only the property owner can apply for this exemption. Commissioner Robertson second. Motion passed unanimously.

Commissioners recessed for lunch at noon.

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 Brad Barton and Road and Bridge Assistant Adam Ryals joined the meeting to give the department report. Mr. Ryals presented a written report. Roger Morter and Marty Martinez also joined the meeting.

Mr. Barton reviewed work being done. Mr. Ryals brought up fences in the county right-of-way.

Planning and Zoning Administrator Ben Jones joined the meeting at 1:31 p.m.

It was said that to the north, easements change in size. State statute is a minimum of 50 feet, but a lot of fences are easily within that 50 feet. It’s an issue due to brushing and fencing getting caught up in the brush head. Road and Bridge staff try to avoid that happening, but you can’t always see the fence. It makes a mess out of everything, according to Mr. Ryals. Chairman Bertling said if we have active brushing and a fence is in the county right-of-way, the fence will come down. Once brushing is done, the fence can be put back up if need be. The county doesn’t want to tear its equipment up. It’s up to the landowner to take their fence down. Commissioner Robertson said that is the best happy medium. Ideally, if a new fence was going to be built, it should be on the property line. For this fence, they did put the fence down, but in some spots, it got wrapped up in the head. Commissioner Robertson asked if they need to put up what they took down. Commissioners said no. Chairman Bertling added that the fence needs to be in the correct place and he suggested talking to property owners about taking their fences down and if they don’t, the county cannot guarantee what will happen. Mr. Ryals said what if the fence is outside of the right-of-way, but it’s crumpled up in the right-of-way, as he’s seen that happen as well. Chairman Bertling said maybe have someone walk ahead and flag where there is a fence. Those present discussed how fences along Fleming Creek are right against the road.

Mr. Morter said he’s the elephant in the room as he has approximately four or five miles of fence and he agrees with what’s been said. Mr. Morter said he appreciates the county taking on the project of staking on the roadway. The Westside Road was re-established in 1970 and he said there has been minimal work to this road so there is 54 years of brush that has collected. Mr. Morter said his uncle was there when the new Westside Road was put in. This is just a case of lack of communication. If someone were to have come to ask him about this, they could have communicated. Mr. Ryals said he let Mr. Morter know about brushing. Mr. Morter said he knows about the fence and he asked Road and Bridge if they could take it easy and then before he knows it, the fence is caught up. This fence is just a one wire fence and now it is wrapped up in the Road and Bridge machine somewhere. Mr. Morter questioned why not ask him to roll the fence up in the meantime and he questioned what is done when there is open range alongside a county road. Mr. Morter said it’s an ugly situation and he wants to be neighborly and have a one wire fence to keep cows. Mr. Morter reiterated that he said to take it easy on the fence and then it gets destroyed, but he could have rolled it up. Mr. Morter added that he doesn’t think it was intentional, but now what? Ms. Nelson said the county wants to maintain the road, and they did a lot of brushing on that road before it was chip sealed in 2009. Mr. Morter disagreed. Ms. Nelson said Road and Bridge has done maintenance work and she had to contact everyone who ran cattle, because they didn’t have that kind of fence everywhere. There has been an ongoing relationship and she knows the fence has come and gone with moving the cattle back and forth. Mr. Morter said they have abandoned the wire fence since there was so much in the brush, so they did hot wire. Since the brush is now gone, they can move the fence back. Mr. Morter said he doesn’t know if the fence is in the way or not, but he wished we could have gone about this in a neighborly fashion and just asked him to roll the fence. Chairman Bertling said for future reference, we can learn going forward. Mr. Morter said he just felt it’s a huge mess and it’s a mess for Road and Bridge, too. What do we do now as he needs a fence? Mr. Morter said if the county could just buy a couple rolls of wire and posts, he will put up the fence. Mr. Morter said the farmers that chase cows up Smith Creek Mountain appreciate the fence. Mr. Morter added that he doesn’t move cattle, he just has the pasture. If he knew it would be that kind of a problem, Road and Bridge could have just let him know. It was just a one smooth wire fence. Chairman Bertling said he doesn’t have an issue buying the wire. Mr. Morter said he doesn’t mind the county not buying the wire, but if there could be better communication. Mr. Morter said the main road is graveled and not crowned and he spoke of trying to keep water off of the road. Chairman Bertling spoke of buying gravel. Mr. Morter said his taxes are $63,000.00 and he has to also buy his gravel for the road. Mr. Morter said the biggest thing is the county never has enough money. If the county had hired someone to apply for grants, it could get more money. Commissioners explained how the county does not levy for Road and Bridge. Mr. Morter said he’d be willing to pay taxes if made roads better. Commissioner Robertson explained the 3% limit on levy increases and if the county did levy for Road and Bridge, a portion of the tax would go to the city. A comment was made about a portion of funds associated with the Sturgeon Station Agreement will go toward Road and Bridge. Commissioner Robertson explained helping Road and Bridge with hiring employees, getting better equipment so they can do their jobs. Chairman Bertling explained trying to get Road and Bridge better equipment has been going on since he’s been commissioner. Commissioner Robertson also said that he doesn’t mind buying wire for Mr. Morter, and he doesn’t think county should, but he would. Mr. Morter said he would like to go about this neighborly.

Mr. Morter discussed the Forest Service and commented that they need to get their trees out of the right-of-way. He added that he doesn’t understand why the Forest Service doesn’t own their share of that issue. Mr. Morter said the Forest Service’s trees are falling into the county right-of-way.
Ms. Nelson said going forward Road and Bridge will work on county fences so they don’t have fences in the right-of-way at all. Ms. Nelson said Mr. Morter made an interesting point about grant opportunities, and she commented about being a good neighbor when they were doing bridge work up there as the bridge had not been big enough for Mr. Morter’s equipment and Road and Bridge came up with ways to get the delineators so Mr. Morter could get his equipment across the bridge. Commissioner Robertson said nobody probably knows that Ms. Nelson goes after grant opportunities. If the county had one dedicated employee to research grants, how much money could be brought in? Commissioner Robertson spoke of hiring employees so the county can work toward that. Commissioner Cossairt mentioned that he also has no issue buying fencing. Mr. Morter said it’s not that big of a deal and he would rather have gravel on the road.

Commissioner Cossairt moved to sign the Idaho Transportation Department Application for Miscellaneous Right-of-Way Encroachment regarding sign installation in the Idaho Transportation Department’s right-of-way. Commissioner Robertson second. Motion passed unanimously.

Mr. Ryals presented Commissioners with a quote for a truck for Road and Bridge. The quote is for $50,000.00 and Mr. Ryals explained that he was able to reduce the original price.

Commissioner Cossairt moved to approve the quote from Knudtsen Chevrolet for a 2024 ¾ pickup truck at a cost of $50,000.00. Commissioner Robertson second. Motion passed unanimously.

The meeting with Road and Bridge staff and Mr. Morter ended at 2:12 p.m.

Mr. Martinez remained in the meeting.

2:12 p.m., Airport Manager Dave Parker and Airport Board member Rick Durden joined the meeting.

Mr. Parker presented commissioners with an aerial map of the airport property that has been farmed. The property has alfalfa and there is a good first crop, but now weeds are just starting to be a bit of an issue. Mr. Parker discussed mowing a part of the airport property and he informed Commissioners that he feels this section should be added to the farming lease agreement. Mr. Parker has talked to farmers about farming the 71.3 total acres. The rate of lease can be higher for some areas and lower in other areas with a lease term of five years. Mr. Parker said he can advertise for quotes.

Mr. Parker discussed the agreement with the Forest Service for use of the airport during a fire emergency. The Forest Service would like to have an agreement signed now so they’re ready to go if there is a fire. The property to be used is the same farm land area and the Forest Service would pay $600.00 for a certain number of weeks before an increase is issued. Mr. Parker said it’s been a good agreement and the airport has had 6 or 7 helicopters there. Now if there is only one helicopter, it’s a very good agreement for the county.

Commissioner Cossairt moved to sign the Idaho Panhandle National Forests Solicitation/Contractor/Order for Commercial Items Form for the Land Use Agreement for use of airport property. Commissioner Robertson second. Motion passed unanimously.

Mr. Parker said the airport still have over $100,000.00 to buy land. The primary goal was to purchase a specific piece of land parallel to the airport and the Klockman Estates, but that didn’t work out. Mr. Parker has a meeting with landowners at the end of the runway and those present discussed an avigation easement. Federal monies for airports are getting to be tougher to obtain. The 2024 slope project is going to happen. For the year 2025 project to move overhead power to underground, he’s hearing estimates such as $1,000,000.00. The Federal Aviation Administration is on board to get that work done. The county’s match could be 10%, but Mr. Parker he expects 5%. The slope won’t be that big of a project, according to Mr. Parker.

For year 2026, the Boundary County airport is the only small airport to get state apportionment due to safety issues from the approaches to the north. Mr. Parker said he’s head $500,000.000.00 and that could cost the county $600,000.00. Clerk Poston spoke of having $97,000.00 in the budget for grant match and if Mr. Parker wants to keep that, he needs to keep building it up. Don’t reduce it, but instead add to it, according to Clerk Poston.

Commissioners asked if the airport had landing fees. Mr. Parker said no, those are not very common. Mr. Durden spoke of airports similar to SeaTac having landing fees. Mr. Parker said the Federal Aviation Administration has always paid 90% of a grant and the 10% was split between the county and state, but that varies. Mr. Durden commented that Mr. Parker always goes with the worst-case scenario.

The meeting with Mr. Parker and Mr. Durden ended at 2:51 p.m.

Commissioners reviewed claims for payment. Fund totals are as follows:

Current Expense $ 88,270.79
Road & Bridge 153,496.52
Airport 4,645.50
District Court 5,930.07
Justice Fund 96,218.63
911 Funds 2,035.81
Junior College Tuition 15,100.00
Parks and Recreation 2,367.37
Revaluation 523.74
Solid Waste 29,067.64
Veterans Memorial 790.42
Weeds 111.16
Restorium 33,928.19
Snowmobile 141.42
Waterways 861.07
Juvenile Probation – Lottery 192.34
ARPA Fund 20,613.59

TOTAL $454,294.26

Trusts
Auditor’s Trust – *Misc 97,000.00
Boundary Co. Drug Court Trust 259.29
Driver’s License Trust 11,245.00
Interlock Device Fund 90.00
Indigent Reimbursements 29,624.26
Motor Vehicle Trust Acct 172,545.82
Sheriff’s Trust Fund 1,023.00
Social Security Trust 0.00
Odyssey Court Trust Account 33,900.00
Odyssey Bond Trust Account 316.50
Odyssey Restitution Trust Acct 4,789.47

TOTAL $350,793.34

GRAND TOTAL $805,087.60

Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2023-2024).

Commissioner Robertson inquired about the Friends of the Restorium fund and those present discussed what the funds had been put toward in the past.

Mr. Martinez left the meeting.

Commissioners tended to administrative duties.

3:30 p.m., There being no further business, the meeting recessed until tomorrow at 1:30 p.m.

***Tuesday, April 9, 2024, at 1:30 p.m., Commissioners met in regular session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Commissioners held the continuation of the public hearing to consider Planning and Zoning File #24-0046, rural subdivision via short plat for Maas Loop LLC, property owner James Lewin. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Contract Planners Clare Marley and Tessa Vogel, County Planning and Zoning Administrator Ben Jones, Road and Bridge Department Assistant Adam Ryals, Applicant’s representative Greg Johnson, Mike Rothrock, Tracie Isaac, Bridget Zills, Mason Zills, Casady Brimhall, Phil Schnuerle, Pam Rothrock, Doreen Beck, John Beck, Applicant James Lewin, Mercy Bushnell, Dick Staples with JRS Surveying, Lori Sheppard, Keith Bitton, Shirley Bitton, Tim Dougherty, Jenni Dougherty, Carol Lucero, Edie Guthrie, Cindy Maas, and Russ Maas. The hearing was recorded. Commissioners cited no conflict of interest.

Chairman Bertling reviewed the public hearing procedures and no one present had questions of the process.

Commissioners asked for a staff report.

Ms. Marley said most people were at the last meeting, which was continued for new information. This hearing process will be the same as the last hearing, but the testimony shall be toward the new information learned; not what was heard last time. The applicant was asked to be present at this hearing. Ms. Vogel explained the hearing process for today. The same slides from the last hearing will be presented during this hearing as well. Currently, there are four parcels that are proposed to be divided into seven parcels between the sizes of 2.5 acres and 3.24 acres and they’re located on Maas Loop. The subdivision is planned for wells and septic and are also to be served by Northern Lights and North Bench Fire Department. Slides were shown of the layout for the lots and site visit posting photos. Planning and Zoning did not receive new agency comments, except from Road and Bridge. New comments were received from Delton and Tracie Isaac and Carol Lucero. Ms. Marley explained that the two new slides being presented list the considerations of county code Section 11.6.1.4., which are for short plats. The other new slide consists of terms and conditions for a short plat.

Mr. Ryals provided comment as staff for the Road and Bridge Department and he said they found the original permit and it has been updated with the new parcel, and it does go with the land. Mr. Ryals said they checked the road and it has been constructed, it meets all specifications and it’s completed. The road just needs to be paved now that it’s a new subdivision in order to protect the integrity. Ms. Vogel said for conditions proposed by Road and Bridge, the applicant has completed conditions A, but conditions B through D still need to be completed.

Commissioners asked the applicant for an opening statement. Mr. Johnson explained that he is representing the applicant, James Lewin. Mr. Johnson informed those present that his daughter used to own this property prior to Mr. Lewin and she was going to approach the City of Moyie Springs to request annexation, which would provide for water. The City of Moyie Springs would provide water if his daughter wanted to bring in the 8-inch line around Maas Loop, which was almost a 4,000-foot extension of the main line. This would provide for 15 or 16 lots. Mr. Johnson said his daughter did not want to do that, so she opted to sell the property to Mr. Lewin. She didn’t want to run the risk of drilling for a well and not get water. It would cost $500,000.00 to get city water provided. Mr. Lewin proposes seven lots and it’s consistent with the parcel. If Mr. Lewin wanted to bring in city water, the lots could go down to three-quarters of an acre, but he opted to have wells as opposed to city water. A test well was done and there is a lot of water. All three wells tested at 20 gallons per minute at around 340 feet. The property owner did not want to create 15 or 16 lots, but chose to have seven lots.

Mr. Johnson presented Commissioners with a report for three wells, which were marked as Exhibit #1. Mr. Johnson said the decision came down to economics. If they could’ve done city water at just four lots, it would’ve been cheap, but with this, it changes a bit. There is also a cost to digging wells. Mr. Johnson said there are a number of shallow hand-dug wells that are 10 to 20 feet deep and the horizontal and vertical distance is a big difference to the deeper wells. Well driller Scott Hittle had stated that this type of well should have no impact on the shallow hand-dug wells and he expects them to go deeper toward the south. Mr. Johnson provided commissioners with another exhibit, which was the report from Panhandle Health District providing approval. Chairman Bertling read the site summary provided by Panhandle Health District. The seven holes were examined and they appear suitable for a standard system. Mr. Johnson said Panhandle Health District had no concerns with the distance from the potential septic systems. When you look at development in the county, in general and like this, there are places that make sense. This property is located within the impact zone and has services, except water, but now they know they can have wells. There are areas being developed that are less than 2.5 acres. There are 60 different lots off of Maas Loop and most lots to the north are bigger and to the south they are smaller. Chairman Bertling said because this location is in the city impact zone, if there is going to be more development, it makes sense to do it where infrastructure is already there, such as the corridor of Moyie Springs, Three Mile and the City of Bonners Ferry. Mr. Johnson said in talking with Mr. Hittle, there is plenty of water in the Moyie Springs area and it becomes less as you go toward Three Mile. Mr. Johnson said right now, the area around Moyie Springs is probably where growth is going to happen. Mr. Lewin is doing this subdivision and he’s trying to make it as nice as possible, knowing nobody here is going to be happy. Mr. Johnson said his daughter couldn’t make it pencil out for her so she sold the property. The challenge is to put development where it makes the most sense. Each site will have a well. The builder is willing to spend money to dig the wells, so it makes sense and they can show the separation between wells and septic. Chairman Bertling asked of the concern of residents running out of water. Mr. Johnson said there is no concern with home use, such as gardening, some livestock, etc., but maybe it there was a commercial operation. The well driller had no concerns about domestic use. The other wells are shallow and have no relation to the 300 feet deep wells.

Commissioners opened the hearing to public testimony and asked for comments in favor, uncommitted or opposed to the proposal.

Speaking uncommitted was Russ Maas, who asked how far from the wells are the leach lines? Will that be a hazard to Ms. Lucero and how far away is it from the leach lines?

Speaking in opposition was Carol Maas Lucero, 151 Winchester Road. Ms. Lucero said she owns the adjoining alfalfa field and she asked commissioners how recently has it been since they’ve gone out to view the site. Commissioner Cossairt said Commissioners are not supposed to view the locations of proposed zoning applications and Ms. Marley explained the reason for that. Ms. Lucero said she’s lived in that area her entire life. There are a number of people there and they are more than just a map with lines. They are close knit. Ms. Lucero spoke of research being one consideration and she questioned who this is a benefit for, the developer or the community, and what is the balance? Ms. Lucero said Section 11.6.1.4.3., mentions whether or not the subdivision is designed to reduce impacts on adjacent landowners. There will be land contamination, garbage, etc., and she’s looking at people using the area for dogs to run and kids to play. Is there going to be a fence put up to be a good neighbor or is that up to her?

Ms. Lucero spoke of a Planning and Zoning application from year 2021 in the Smith Lake area and that proposal was denied by Planning and Zoning, because they didn’t want to ruin the rural character of the land, as well as water and road use. This impacts a lot of people here and nobody is speaking in favor. It’s a win-win if the proposal stays at four lots.

Tracie Isaac, Maas Loop, said she was born and raised there and she continues to live there. She had sent an email to expressed concern, especially about water. Ms. Isaac said she had contacted the Department of Water Resources and learned that the water rights for the wells had not been done, although they might’ve been done by now. This morning at 5:45 a.m., Ms. Isaac said she was driving down Maas Loop to her father’s house and saw 17 heads of elk grazing and they just stayed and looked at her. Today is the day a decision will be made to create lots.

Bridget Zills, 311 Baldy Mountain Road, explained that she lives below Tracie Isaac and she is fourth generation. Ms. Zills said both of her kids have expressed wanting to raise a family on Maas Loop one day. It’s a beautiful place to live. The construction and digging are hard to watch and she knows that change in inevitable. This proposal impacts future generations and she hears there should be enough water, but she has had conversations with her son and he has questions. This impacts his future and it’s a lot, according to Ms. Zills. She is concerned about water in the neighborhood.

Tim Dougherty explained that the other application Ms. Lucero was referring to is the Smith Lake subdivision and a couple of the commissioners were sitting on the board for that. The same issue exists today. Mr. Dougherty said he doesn’t disagree with Mr. Johnson about an impact zone, but what about adjacent landowners an if they want to divide, do we just keep going farther out? If this is what is currently allowed and the landowner is granted the ability to do this, what about lots to the west and so on? Where does it stop? Mr. Dougherty added that he realizes people are moving here, but what is the purpose of Planning and Zoning rules...it’s to regulate growth and for the neighbors to maintain a rural life style in that area. If four lots are agreeable, that is the position commissioners should take.

Commissioner Robertson said while he doesn’t disagree with Mr. Dougherty, this proposal is allowed to 2.5 acres under the current ordinance. It was said, if the adjacent landowners are this concerned, that should be an importance stance with commissioners. Chairman Bertling said he was surprised to learn the acreage size could go down that far.

Lori Sheppard said she lives adjacent to this subdivision and she will not move from her home. She is fighting for her neighbors and everyone on that bench. Ms. Sheppard said she found stakes next to her mailbox that stated access road and there was an access road a few feet out from her fence. She’s now going to see headlights in her home on a daily basis. Ms. Sheppard read an excerpt from her husband’s obituary that she had brought and one statement was that there hasn’t been one person who has visited her home in 32 years or so who wasn’t relaxed when they came there. Ms. Sheppard reiterated that she doesn’t want to move from her home. She questioned how much crime is going to start? Only commissioners and God can stop it.

Mike Rothrock asked if there are any guarantees to surrounding wells and shallow dug wells? Mr. Rothrock said seven wells will impact somebody. He stated that there has been no study on the recharge or how big the aquifer is. There needs to be some kind of study and a report done. Chairman Bertling said if that were to happen, a person would go to the Idaho Department of Water Resources and that would predate the other wells.

No one else from the public provided comments. Commissioners asked the applicant for a closing statement or rebuttal.

Mr. Johnson replied to Russ Maas’s question about wells and said with the depth of the wells, Panhandle Health District had no concerns and he added that they would not want to see a well line through a septic or drain field. Mr. Johnson said they don’t intend for these utilities to be right on someone’s property line. Whether or not it affects another drain field, he doesn’t expect the septic to be crowding anyone.

Mr. Johnson briefly spoke of the use of the property and he said when it was a Maas descendent who sold this property to his daughter, it was sold at price that was adequate for the zone. A buyer looks at zoning and finds out what they can do with the property, legally. The applicant is not asking for a zone change or variance. The first seller was paid an amount reflective of what it was zoned for. When Mr. Lewin bought the parcel, he knew about the city water, but he risked digging the wells. The road will be paved. To not deny Mr. Lewin the use of his property, seven lots work. Mr. Johnson said he doesn’t want to see more lots and he doesn’t fault the residents, adding that he respects their right to speak their mind. As far as crime and being good neighbors, these are large enough lots and will cost enough, so it’s not going to be a trailer park. People have to try to be good neighbors. There will be covenants that will make it as nice a neighborhood as it can be. Most wells are off of springs and the surface water coming off of Dawson. There are avenues people can pursue if something happens to their well. Mr. Johnson said there are permits for the wells that were dug and the inspector saw all of them and they were all tagged. Mr. Johnson said as far as future division, everything on the south side is somewhat vulnerable and he suggested a zoning change to what the north is zoned. It’s now known there is water there and he would suggest a rezone.

An explanation was given about an access road in that the TC Energy gas company has a right-of-way there that came with the property. The gas company has access to that and they’re working on a gas pipeline upgrade and they cannot stop that. There is going to be traffic there this summer that nobody will like due to this pipeline project and they will have to water the road to keep dust down. In addressing the overall feel of the area, it’s balancing Mr. Lewin’s rights and the comprehensive plan. When Mr. Lewin purchased the property, it was his perception that he could do this division.

The hearing was closed to further public testimony.

Ms. Marley stated that the three exhibits provided by Mr. Johnson would be added to the record.

Commissioner Cossairt said he feels for these residents, but the proposal does meet the requirements. Chairman Bertling added that he agrees that the rest of these areas should be looked into, as well as other places in the county need to be looked at. Chairman Bertling said there is a subdivision down the road from him and he didn’t get a say in it happening and it definitely impacted his road, but it happened and the area was zoned for it. Commissioner Robertson said he echoes the other commissioners. He feels for everyone in the room. Commissioner Robertson said he despises chopping up the field, but it’s an awful, but lawful application. As a board, commissioners have to follow the rules of law, not what they like, every time. He agrees that we need to reassess where future development will happen. Commissioners and neighbors are being held hostage by previously made decisions and we need to make changes, but that doesn’t change today.

Ms. Marley mentioned there are conditions required for paving the road in order to meet county approval.

Commissioner Cossairt moved to approve the preliminary plat for Maison Estates Subdivision, a proposed rural subdivision, File #24-0046, 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 or amended. This action does not result in a taking of private property. And to accept draft findings and conclusions 1 through 13, adding Exhibits 1 through 3, and draft conditions of approval for discussion and adoption 1 through 9, with number 8 as amended. Commissioner Robertson second. Motion passed unanimously.

Chairman Bertling thanked those present for coming and explained that commissioners have no power, unless they want to get into a lawsuit. We have to change this a different way so it doesn’t happen in other parts of the county.

The hearing to consider Planning and Zoning File #24-0046 ended at 2:25 p.m.
2:46 p.m., Deputy Clerk April Isaac joined the meeting.

Commissioner Robertson moved to go into closed session pursuant to Idaho Code 31-874. Commissioner Cossairt second. Motion passed unanimously. The closed session ended at 2:55 p.m.

Commissioner Robertson moved to approve the cremation for indigent case #2024-4. Commissioner Cossairt second. Motion passed unanimously.

Deputy Clerk Isaac left the meeting at 3:20 p.m.

There being no further business, the meeting adjourned at 3:20 p.m.

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TIM BERTLING, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk