***Monday, June19, 2023, Commissioners did not meet due to the Juneteenth Holiday.
***Tuesday, June 20, 2023, at 9:00 a.m., Commissioners met in regular session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
9:00 a.m., Commissioners held an elected officials/department heads meeting. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Noxious Weeds Department Superintendent Dave Wenk, Assessor Olivia Drake, University of Idaho Extension Educator Amy Robertson, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Chief Probation Officer Stacy Brown, Chief Deputy Clerk Pam Barton, IT Director Matt Hodges, and Prosecutor Andrakay Pluid.
Chairman Bertling informed those present that the online auction of surplus county personal property was a success and it generated approximately $30,000.00.
Commissioners went around the room for department updates.
The elected officials/department heads meeting ended at 9:25 a.m.
IT Director Matt Hodges remained after the meeting to discuss a quote for the computer backup system.
Commissioner Robertson moved to sign the Contract for Fuels Treatment Wildfire Activities with Matt Quillin/Boundary Mulching. Commissioner Cossairt second. Motion passed unanimously.
Mr. Hodges reviewed the quotes received to renew the Barracuda Computer backup system. One year and three year options were presented.
Commissioner Cossairt moved to renew the Barracuda Backup System for a one year period. Commissioner Robertson second. Motion passed unanimously.
Mr. Hodges left the meeting at 9:40 a.m.
Commissioner Cossairt moved to approve the minutes of June 12 & 13, 2023. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Sheila Benson to the Restorium Board with a term to expire January 31, 2026. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Jim Thompson to the Restorium Board with a term to expire January 31, 2025. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the request of the Boundary County School District to waive the disposal fee resulting from the removal of the football field bleachers. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2023-47. A resolution authorizing the sale of surplus county property via an online public auction. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-47 reads as follows:

RESOLUTION NO. 2023-47
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 20th day of June, 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 #294679

 
“ATTACHMENT A”

14-foot Alaska Series Inflatable Raft (Hull ID #AS142B01E505) with a Tohatsu 25 hp outboard

2008 Red Chevrolet Impala, VIN #2G1WD58C089289837

2000 White Dodge Durango, VIN #1B4H528N1YF211674

2000 White Chevrolet Blazer, VIN #1GNDT13W2Y2295009

1985 Camo Humvee, VIN #006338

Commissioners and Clerk Poston discussed a request for funds made by the American Legion.
10:06 p.m., Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve the minutes of the Boundary County Ambulance Service District Governing Board for May 15, 2023. Commissioner Robertson second. Motion passed unanimously.
Chairman Bertling said Chief Lindsey had informed him that Boundary Ambulance Service wants to hold a few town hall meetings in preparation of having an election for ambulance funding.
Commissioners and Clerk Poston discussed the possibility of utilizing the room formerly used as an office by Boundary Ambulance Service as the office for both the Planning and Zoning and Addressing Offices, but still allowing Boundary Ambulance Service the use of the bays on the north side of the building.
10:14 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and reconvene as the Boundary County Board of Commissioners. Commissioner Robertson second. Motion passed unanimously.
Commissioners and Clerk Poston discussed various possibilities of office reconfigurations when the Assessor’s departments relocate to the former Extension Office.
10:30 a.m., Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting to provide an update on Forest Service projects. Mr. Knauth said there is nothing going on for logging. Operation plans are being submitted and the Coeur d’ Alene office is reviewing those. Mr. Knauth said the Forest Service will start back up in Snow Creek fairly soon. Everybody is now free to haul and sales are expected from the Boulder and Katka projects, as well as the Snow Load project up Snow Creek. Mr. Knauth spoke of pre-commercial thinning.
Mr. Knauth said the slide on Ball Creek has gotten worse. The first slide is 5.6 miles up Ball Creek and vehicles are able to drive up to the first slide. One mile beyond that is another slide that has gotten worse. English Creek crossed the old road three times and washed out the road in all three spots. The water came down through the creek and took out a boulder and log, according to Mr. Knauth. Last year’s fire didn’t burn really hot, except for at the top of the ridge. The first slide came across land and not through the creek and all of the ditches are full of sand. Mr. Knauth expressed concern if too much vegetation is removed resulting in more movement. Mr. Knauth said to work on fixing this, he will look into the ability to get disaster funding to try and fix the slide. Mr. Knauth said he did a quick estimate and it may take over 200 dump trucks of fill just to bring the area back to grade at the second slide. Technically, there is a sign that says people are not to be on the road, except for official business. Some mushroom pickers were cited for parking in front of the gate, because the access is not to be blocked. Mr. Knauth said the Forest Service will try to salvage along both Trout and Ball Creek roads so it is safe for people to drive and walk up in there. Mr. Knauth said while he was gone no more movement had occurred. Mr. Knauth spoke of needing to determine the National Environmental Policy Act (NEPA) to get work done. The bigger task would be to do an environmental assessment, but a categorical exclusion would allow work to start sooner.
Mr. Knauth spoke of challenges involving lynx, white bark pine and grizzly bear as it relates to working within those areas. Mr. Knauth spoke of being able to operate in the lower Ball Creek area. Mr. Knauth said in a salvage situation if there were larch and fir that survived a fire, the Forest Service would leave those trees. Mr. Knauth said the Forest Service has not looked into the Burton area, because they can’t get in there due to snow. Last fall, the fire lingered longer and nobody was able to get in there safely, according to Mr. Knauth. The Forest Service is trying to expand the availability of categorical exclusions and give the Forest Service more tools to work with and that is new within the last two to three weeks. The NEPA representatives are getting together to assess with tools that might be good to use and they’ve not been tested, but it may make it easier for people to litigate. When it comes to fire salvage, those in opposition don’t need to win a litigation as they can cause a delay in the process so there is no value left in the trees. Chairman Bertling spoke of public perception pertaining to salvaging. Mr. Knauth said the Forest Service probably salvages approximately 90% of the salvage areas and they can handle the criticism of the remaining 10%. There are a lot of moving pieces to orchestrate, according to Mr. Knauth.
Commissioner Robertson mentioned Ham Creek Road. Mr. Knauth spoke of being able to reach Ham Creek and Farnam as it’s not that far. Commissioners said the bridge is not good. Mr. Knauth said there is a temporary bridge, but the Forest Service would need to build the approaches. This work usually adds to the cost of the sale and if the value doesn’t offset the cost, nobody bids on the project. Mr. Knauth spoke of this area not being easy ground to work in. Commissioner Robertson asked if the Forest Service could put in a culvert and fill. The Forest Service’s feeling is that a temporary bridge is needed.
Commissioner Robertson asked what Mr. Knauth’s projection is because he keeps hearing about white bark pine at 4,500 feet. The Fish and Wildlife Service is who recommended and brought about the white bark pine listing and it sounds like they didn’t plan for what happens next after the listing. Mr. Knauth spoke of approaching the area and just using chainsaws, but the Fish and Wildlife Service may not like that. Chairman Bertling said most white bark pine is at the ridge tops. Mr. Knauth said if he can do surveys and determine it’s not white bark pine; just habitat, the Forest Service may have more flexibility, but the Fish and Wildlife Department may say to leave the area alone because it’s habitat. Mr. Knauth said we live in an area with a lot of threatened and endangered species.
Mr. Knauth explained having so little opportunity to put fires out due to the number of homes being built.
Mr. Knauth spoke of working with the Kootenai National Forest and there being three project areas. The projects will emphasize timber sales and one area is on the Bonners Ferry District. Mr. Knauth asked about making a request and wanting to create more emphasis to treat this ground and bring in more funding.
Courthouse Maintenance Squire Fields joined the meeting at 11:13 a.m.
Mr. Knauth said he will keep Commissioners up to date on washouts and salvage.
The meeting with Mr. Knauth ended at 11:14 a.m.
Mr. Fields informed Commissioners the backflow testing at the fairgrounds will be done tomorrow morning. Mr. Fields said the waterline at the Waterways Building was supposed to be a simple blow out of the line, but pieces of the pipe are broken. The pipe runs from the restroom down to a small pump house before shooting back up to the city sewer. People are parking in an area where the lines are and it’s crushing them.
Mr. Fields reviewed quotes for the backflows on the county buildings that have sprinkler systems. The cost is $850.00 for the Courthouse and $2,500.00 for the County Annex.
Mr. Fields informed Commissioners about quotes he has for resealing and striping county parking lots. The cost is $7,500.00 to reseal and stripe the parking lot. A quote came in totaling $1,800.00 to redo the Restorium’s parking lot, but he feels the Restorium usually budgets for that themselves. Commissioner Robertson asked if the parking area at the fairgrounds is county responsibility or does the Fair Board budget for that. Commissioner Robertson said he would be interested in splitting the cost to reseal and stripe the fair parking lot with the Fair Board. Mr. Fields will send Clerk Poston the quote to share with the Fair Board. Clerk Poston asked about the budget for Memorial Hall and Chairman Bertling said a portion could be covered by that budget as well.
Mr. Fields said Cubix should be done with the second half of the sidewalk project by the end of this week.
Mr. Fields asked Commissioners about the quotes for backflows and Commissioners asked him to get more quotes for comparison.
Mr. Fields said work at the dump station located at the fairgrounds should be done soon.
The meeting with Mr. Fields ended at 11:26 a.m.
Commissioners recessed for lunch at 11:45 a.m.
1:30 p.m., Commissioners reconvened for the afternoon session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, 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. A written report was provided and Mr. Morris reviewed work being done.
Mr. Morris said the crusher cone should be back to the yard anytime and the generator will be ready as well. Chairman Bertling said Assessor Olivia Drake had asked Road and Bridge about grading the parking area of 9B trails in Section 16. Chairman Bertling said it needs more rock.
Ms. Nelson discussed getting quotes to put up fencing around gravel pits one and two so Road and Bridge equipment is not ruined by vandalism. Ms. Nelson informed Commissioners that the Idaho Transportation Department (ITD) would like Boundary County’s concurrence with the project for Sunrise Road/Kootenai Tribe project with the proposed light and new road. The ITD approach application was submitted with the 60% plans. ITD had concerns with the 60% plans and they will make sure the county is okay with them.
Those present discussed the project involving Burlington Northern Santa Fe (BNSF) with Deep Creek Loop. Road and Bridge will be able to extend the approach at Deep Creek Loop to the railroad tracks. Interstate Concrete will be able to do this work. Road and Bridge will look at Lions Den Road and they might be able to have a mailbox pull out area.
Ms. Nelson informed Commissioners that Alta Forest Products has notified Road and Bridge that the proposed siding project has been put on hold indefinitely. Ms. Nelson said she has seen the letter that County Civil Attorney Tevis Hull wrote about Labrosse Hill Road and the prescriptive right-of-way.
Ms. Nelson explained work that may be done to adjust the corner on Twin Rivers Road located past the Winkelseth’s approach.
Those present discussed EL Internet putting their equipment on the city’s poles and it was said it’s not certain if that had been completed yet.
Commissioners asked about the crusher. Ms. Nelson said they have a good rock stockpile at the Fitzpatrick pit. The crusher will be at the Moyie pit for a long time. As it relates to the powerline that goes to the Moyie pit, there is an application fee to submit before they can get an estimate from the City.
The meeting with Ms. Nelson and Mr. Morris ended at 2:00 p.m.
Mr. Morris left the meeting.
2:00 p.m., Commissioners held a public hearing to consider Planning and Zoning Filed #23-0065. This is an application for a comprehensive plan map amendment and zone change requested by applicants Steven and Lena Kauffman. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planner Tessa Vogel, and Road and Bridge Department Co-Superintendent Renee Nelson. Steven and Lena Kauffman were not present. The hearing was recorded. Chairman Bertling reviewed the public hearing procedures. No member of the public was present.
Ms. Vogel provided a staff report. Commissioners cited no conflict of interest.
Ms. Vogel said this is an application for a comprehensive plan and zone map amendment. The parcel is split zoned and a part of the property along Highway 2 is zoned rural community/commercial and the southern portion of this property is in the rural residential zone. The Planning and Zoning Commission had recommended approval of the application. Ms. Vogel referenced the Idaho Code section pertaining to standards of review for zone changes. Section 18 of the Boundary County code pertains to zone map amendments and comprehensive plan changes. Ms. Vogel reviewed information in her presentation to include color-coded zone maps of the property and information on utilities, such as the property having a private septic system, Three Mile Water and wells. The property is in the North Bench Fire Department boundary. The parcel can have two accesses and the existing home comes directly off of Highway 2. The home and business are proposed to come off of Bench Road. The application was routed to various agencies for comments and Road and Bridge and Panhandle Health District provided comment. No public comments were provided during the Planning and Zoning Commissioner hearing, but comments were received after the hearing and were summarized in the Planning and Zoning minutes. There are no new written comments. One comment was received in favor of the application and the two comments opposed to the application voiced concerns about impacts to the county road. There was a lot of speculation as to what the use of the property was going to be, but there is nothing listed in the application; just a lot of rumor and speculation. No proposed use was referenced at all. At the Planning and Zoning hearing, regardless, both zones allow for an RV park, according to Ms. Vogel. Another comment in opposition was that not everyone was routed on Bench Road, but code only requires neighboring property owners within 300 feet of the subject parcel be notified. Notice of hearing was published in the newspaper and at the site as well as at the Planning and Zoning Office. People can call and ask her about the application, but that never happened. Ms. Vogel pointed out the radius map as created by the addressing coordinator that was used to determine 300 feet.
Ms. Vogel reviewed the applicant’s narrative and standards for state and local codes. The two big details are that the zone density for rural residential is five acres and depending on services, rural community/commercial can have a 2.5-acre minimum where neither community water service or sewer services are available, a minimum of 1-acre where community water or sewer, but not both services are available, and a minimum of ¼-acre where both community water and sewer services are available. Ms. Vogel pointed out the draft findings and conclusions. The Planning and Zoning Commission recommended approval unanimously. Commissioner Robertson asked what the applicants will be able to do on their property. Ms. Vogel said the applicants can do the same thing they’re doing now. Currently, the applicants would have to have five acres because part of the property is rural residential. Chairman Bertling said the parcel cannot go below 2.5-acres unless they had water or sewer. If the applicants can get a hookup, they can go down to 1-acre. Ms. Vogel listed what is allowed in these zones and she said it comes down to density. The applicants were not present to make an opening statement.
Commissioners asked for staff comments and Ms. Nelson said she had no comments.
Commissioners closed the hearing to public testimony.
Chairman Bertling said his only concern is breaking up the land into 1- acre lots. Commissioner Robertson said he has a problem with that and he questioned what the point is of having a comprehensive plan and map if we’re going to change it. It was said if the applicants want to put in a business, they can already do it. Commissioner Robertson said the applicant wants to decrease the lot size to 2.5-acres or 1-acre and he’s having a hard time picking and choosing pieces that allow for more density. Ms. Nelson questioned, if the property already has rural residential, a commercial business and an accessory dwelling unit, if they wanted their kids to build a home and the comprehensive plan and zone map were not changed, would the only way to get a secondary house be to get a conditional use permit? Ms. Vogel said yes. Ms. Vogel added, with adding homes, historically, Planning and Zoning has looked at these applications and rejected them if the property owner didn’t have acreage and the ability to split the property. At most the property owner more than likely will only be allowed up to one additional primary dwelling, but right now the county doesn’t have density limits for accessory dwelling units. Setbacks of 20 feet would have to be met and if the parcel is reduced to 1-acre, the property would have to have Three Mile Water service. The application would need a review by Commissioners or at least by the Planning and Zoning Commission in order to put conditions on these subdivisions. The county’s code has holes on it that allows development on a chaotic side.
Chairman Bertling said the only bonus he sees is proximity to the highway so it’s not going to impact the county road as much. Commissioner Robertson said it sets a precedent.
Commissioners and Ms. Vogel discussed the application and what is allowed involving zones. Ms. Vogel said it will create a compound situation, not create individual lots. Commissioner Cossairt said this is growing pains, but it is close to town and not a large hay field. Ms. Vogel said Commissioners did approve an application similar to this last year, but it was closer to Moyie Springs.
Commissioner Cossairt moved to approve the request to amend the Boundary County comprehensive plan land use designation map and the zoning map from Rural Residential to Rural Community/Commercial, File #23-0065, and direct staff to prepare written findings, and a decision, finding that the proposal is in accord with the comprehensive plan and the criteria of Section 18 of the Boundary County Zoning and Subdivision Ordinance, based upon the findings and conclusions as written or amended. This action does not result in a taking of private property. Included are Draft Findings and Conclusions 1 through 19. Chairman Bertling yielded the chair to second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “nay”. Motion passed.
The hearing to consider Planning and Zoning Filed #23-0065 ended at 2:25 p.m.
2:36 p.m., Commissioners held a public hearing to consider Planning and Zoning File #23-0049. This is an application for a short plat, rural subdivision requested by the Continental Development Trust. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planner Tess Vogel, Road and Bridge Department Co-Superintendent Renee Nelson, John Marquette with JRS Surveying, Bill Clausen, Carol Clausen, Mary Esther Hooley, Gene Hooley, Marilyn Lorensen, and Richard Lorensen. The applicants were not present.
Chairman Bertling reviewed the hearing procedures. No one had questions of the hearing and Commissioners cited no conflicts of interest. The hearing was recorded.
Ms. Vogel provided a staff report. The application is for preliminary plat approval for Riverview Meadows Subdivision, a rural subdivision via short plat of a 34.83-acre parcel to create three lots of 10.58 acres, 11 acres and 13.25 acres. The parcel is located off of Marydel Lane, which is private. Only two parcels are allowed through the primitive subdivision process so the applicant had to go through the preliminary plat process, because they’re looking to create three lots instead of two. The site is a comprehensive plan designation of Ag/Forestry zone and it will be served by individual wells and septic. The parcel is located in the Hall Mountain Fire Department boundaries. The parcel is almost 35 acres and will be divided to no smaller than a 10-acre lot and no bigger than a 13-acre lot. There are wetlands present. There are no setbacks, but the applicant cannot develop within the wetlands area without a permit from the Corps of Engineers. There is a preliminary plat for this subdivision and there are some cleared building site areas where Marydel Lane runs up. The application was routed to various agencies for comment and the Addressing Coordinator, Assessor, Road and Bridge, and Panhandle Health District provided comments. The preliminary plat lists a private road name of Woodland Parkway, which needs removed until the plat has been approved by the committee and Commissioners. One condition was requested regarding the apron where the approach occurs, but it’s a condition later in the staff report. Panhandle Health District shows no permit on file so the applicant needs to contact them prior to building. Planning and Zoning received two public comments and both were in opposition to the application. The concern was lack of water, wells going dry and the impacts of increased development. There are concerns regarding the impact on the tight knit community and reluctance to see additional development in the area. A comment was received stating they don’t want to see development beyond just the landowners putting their own homes on the property. The area is zoned for 10 acres; not 2 acres, but the application is not for 2 acres. Other concerns pertained to impacts on wildlife and increased noise disturbances. Ms. Vogel reviewed the remainder of her staff report pertaining to the standards of analysis of applicable codes. Ms. Vogel explained that the draft conditions of approval include 1 through 6, but Commissioners might need to add #7, which is a request of the Boundary County Road and Bridge Department that the approach apron shall be paved from the road edge of Farm to Market Road to the right-of-way line for a width of 40 feet and a minimum thickness of 3 inches compacted.
Commissioners had no questions for Ms. Vogel.
John Marquette with JRS Surveying gave an opening statement on behalf of the applicants. Mr. Marquette said the applicants purchased their property and wanted to create three parcels within the framework of the county ordinances. Mr. Marquette explained that he hasn’t visited the property himself, but JRS Surveying did the preliminary field work on the roads for cleared sites and he developed the map and made it a part of the preliminary application. The property has not been pinned and they wouldn’t do that until they get approval. The property went through several layouts for tracts, according to Mr. Marquette. He believes the application had been submitted as a primitive subdivision, but due to the private road and not having public access, the application had to go through the short plat process. The term subdivision raises issues for people, especially in a rural area, but it’s just the name attached to this type of division. They’re all divisions and people will envision all sorts of lots, but only three lots are to be created.
Commissioners had no questions for Mr. Marquette and they opened the hearing to public comment from those in favor of the application, followed by comments from those uncommitted and opposed to the application.
No one spoke in favor of the application. Speaking as uncommitted was Carol Clausen, 41 Copeland Road. Ms. Clausen explained that she had submitted a letter, but it had not arrived in time. She voiced safety concerns due to the limited access to the property and only having one way in and out. It’s uncertain if the fire department would be able to access the property and there isn’t an escape route. Ms. Clausen said during the Parker Ridge fire, she recalls residents on Marydel Lane being evacuated and there was only one way to evacuate. A fire could cut off the evacuation of people who live there. Ms. Clausen commented about the location of roads that are to remain under private ownership, and defining the access and utility easement to the public road. Ms. Clausen asked if anyone on Marydel Lane or anyone involved with this application has made a request to have the county take over possession of Marydel Lane. Chairman Bertling said that road would have to be brought up to county standards in order to be considered and it is far from ready. Ms. Clausen asked if anyone who lives near or accesses Marydel Lane can petition the county to take over maintenance. Ms. Nelson responded that the county has a county road ordinance and Section 2 explains new roads, the list of requirements for new roads and the process of construction and inspections for each phase. When this work has been done, the property owner can petition the county, but it’s not guaranteed. Ms. Clausen said for clarification that if the road is privately owned, the owner has to meet specifications in order to be considered. Mr. Clausen said whoever owns the private road would have to do all of the work and make it acceptable. The county would not provide the funding. Chairman Bertling confirmed that statement by saying no.
Speaking in opposition was Bill Clausen. Mr. Clausen said if you look at the map and aerial photo, the property to the south is timber land and the hay field is his. There is approximately 40 acres of timber that his property runs along. Mr. Clausen said on the map that has a closer view it shows a red line and that red line is the true survey and it’s on his property. There is a barbed wire fence that has been there for 30 years. Mr. Clausen mentioned that he’s a retired fire management officer, he used to work for the US Fish and Wildlife Service and he’s also a board member for the Hall Mountain Fire Association. When he looks at this property, speaking for Hall Mountain Fire Association, there is absolutely no way the fire department can get their vehicles up there. Search and Rescue would have a hard time getting in there as well. That first hill is well over 8% grade. If there is a house fire in the winter, Hall Mountain Fire Department probably won’t get in there and if there is a medical emergency, the ambulance won’t get there. Mr. Clausen added that this whole area serves as a corridor for big game and it’s not just north and south, but also east and west and there is also a riparian area in there. The water is intermittent. The property should probably never have been logged. It’s critical for any game going through there and they utilize his portion of timber. Mr. Clausen said from a fire management standpoint, he can say there is no chance. The only thing is to call for fire retardant, but it’s not going to stop fire at all.
No more comments were provided.
Mr. Marquette provided a closing statement and said he is not familiar with the topography. The applicants could have created two parcels without going through this process at all so the opposition would be against a third lot being created. It’s not necessarily a rebuttal, but he’s just putting that information out there.
Ms. Vogel commented on the questions pertaining to the road and easement to be done. That is in regards to Marydel Lane. There has to be a designed easement to the property so nobody will be land locked. A neighbor cannot say that they were told by the prior property owner that they are allowed to drive on this road and then have the new property owner say they don’t care and not allow it. That will come into play when this property is divided. The two lots that don’t directly touch Marydel Lane will have to have an easement to both of them to have access and not be landlocked. The private easement will be maintained by the lot owners. There will be an actual easement on the plat so it cannot be changed unless it goes through Commissioners.
Commissioners closed the hearing and called for discussion amongst themselves.
Commissioner Cossairt commented that these are growing pains. Chairman Bertling said he thinks it’s really unfortunate that this property couldn’t be accessed by the road to the north as it wouldn’t have impacted as much. Chairman Bertling added he agrees that a fire truck will not be going up there. Commissioner Robertson said it’s up to the landowner to improve the road to make safe for themselves. Chairman Bertling said it’s a steep road coming off of the county road. Commissioner Robertson commented that he doesn’t know if this is any different than people taking 10-acre chunks of property. It’s all over the county and it doesn’t make it right, but they’re within the guidelines of the ordinance for 10-acre minimum lot sizes. If someone wants to buy a lot, but cannot access it, they may not buy the land and the seller may change what they want to do. Commissioner Robertson said he sees this as private property rights allowed within the guidelines. Chairman Bertling said if the request was to split this property in half, Commissioners wouldn’t even have had to have a hearing. Ms. Vogel added that this process would’ve gone through the primitive parcel division, the application would not have been routed to the agencies, and there would’ve been no notice to the landowners. It would’ve been administrative only if the property were to be split into two lots. If this property was 40 acres and the property owner wanted to split it in half, Planning and Zoning wouldn’t even have seen the application. It would’ve been exempt because they were creating 20+ acre lots. If the landowner was only splitting the property or if the road had been a public road, Commissioners wouldn’t have had a public hearing because it would have been administrative for a simple parcel division.
Commissioner Robertson moved to approve the preliminary plat of Riverview Meadows Subdivision, a proposed rural subdivision, File #23-0049, 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 amended to add Condition #7. This action does not result in a taking of private property. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “nay”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed.
The public hearing to consider Planning and Zoning Filed #23-0049 ended at 3:07 p.m.
3:15 p.m., Clerk Glenda Poston joined the meeting.
3:30 p.m., Road and Bridge Department co-Superintendents Renee Nelson and Randy Morris and Road Foreman Brad Barton joined the meeting to review the preliminary budget request with Commissioners and Clerk Poston.
Commissioner Cossairt moved to sign the Gworks Service Agreement upon approval of the county civil attorney. Commissioner Robertson second. Motion passed unanimously.
Those present resumed viewing the Road and Bridge report and budget information.
The meeting ended at 4:37 p.m.
There being no further business, the meeting adjourned at 4:37 p.m.

_____________________________________
TIM BERTLING, Chairman

Attest:

____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk