***Monday, August 14, 2023, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
Commissioners said the Pledge of Allegiance.
Lance Mastre stopped by Commissioners’ Office to briefly discuss an easement issue on Labrosse Hill Road. Commissioners will discuss this matter with County Civil Attorney Tevis Hull.
Mr. Mastre left the meeting at 9:20 a.m.
Commissioner Cossairt moved to sign Certificates of Residency for Alissa Colegrove, Seth Issa, Kadin Issa, Trinity Gaffield, and Emmaline Bateman. Commissioner Robertson second. Motion passed unanimously.
9:30 a.m., County Civil Attorney Tevis Hull joined the meeting.
Attorney Hull discussed the prescriptive right-of-way on Labrosse Hill Road and he said it’s 50 feet by statute as well as by law before the statute came into effect. Neighbors on this road now want to know what their rights are. Approach permits can be issued across this easement. Attorney Hull said he is researching what it means when a county has prescriptive right-of-way. The owner owns the dirt underneath, but according to case law even though only so much of the travel way is being used and there is 50 feet, you can control the utilities within that. The questions the neighbors are raising are all private matters. Attorney Hull explained the issue involving Mr. Mastre and his neighbor and he said it’s a private issue. Attorney Hull said there is a little section of property that a water line and meter goes through and the neighbors are preventing Mr. Mastre from crossing and that is the big issue. Mr. Mastre wants to take the water line up to his property and give the water association authority to do that. Attorney Hull said going forward, the county has the ability to allow public utilities to come through. With the Larry Davison issue involving Riverside Road, Road and Bridge Department Co-Superintendent Renee Nelson is gathering information as to when the dike was built, when the fill was brought in and where it came from.
Attorney Hull spoke of the Naples Elementary School Pedestrian Safety Improvement project. HMH Engineering drafted that design and there are two small triangle pieces in the county’s right-of-way that butt against the railroad right-of-way and they cannot find the title. That matter has to be cleared up and Attorney Hull said he will need to do a litigation guarantee and probably a quiet title action.
Attorney Hull said he talked to Assessor Drake about a piece of land consisting of .7 acres next to the Kootenai River and Assessor Drake said there is no actual legal description other than the big piece of property, less a smaller piece. Attorney Hull commented that there is another strip contiguous to the .7-acre piece and he’s trying to determine ownership. Chairman Bertling said he was thinking of a land trade for a piece of property near the fairgrounds.
It was said that Ms. Nelson has mentioned that a representative from Idaho Forest Group (IFG) contacted Road and Bridge to inform her that IFG would like to be a part of the Riverside Road project. Attorney Hull said he’s working on an agreement with Iron Mike’s Gym as it pertains to property near the airport. Attorney Hull did talk with Ms. Nelson about going through the Road Standards Manual in order to work on Land Use Ordinance changes. Attorney Hull said he talked with Contract Planning Administrator Clare Marley about working on proposed Land Use Ordinance changes.
Attorney Hull left the meeting at 9:53 a.m.
Commissioner Cossairt moved to approve the minutes of July 24 and 25, 2023. Commissioner Robertson second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 157,750.47
Road & Bridge 204,888.14
Airport 31,255.45
District Court 2,610.09
Justice Fund 58,114.66
911 Funds 5,285.97
Parks and Recreation 13,064.85
Revaluation 1,260.46
Solid Waste 77,964.87
Tort 299.90
Veterans Memorial 16.94
Weeds 1,570.09
Restorium 20,130.31
Snowmobile 500.00
Waterways 8,764.36
Grant, Airport 74,176.07
Grant, Selkirk Coop Weed Mgmt 376.20
ARPA Fund 128,971.84
TOTAL $787,000.67
Trusts
Auditor’s Trust – *Misc 50.00
Boundary Co. Drug Court Trust 212.32
Driver’s License Trust 11,041.50
Indigent Reimbursements 1,335.00
Motor Vehicle Trust Acct 213,749.16
Sheriff’s Trust Fund 1,005.50
Sheriff’s Special Projects 3,456.59
Odyssey Court Trust Account 26,718.80
Odyssey Bond Trust Account 547.00
Odyssey Restitution Trust Acct 2,525.51
TOTAL $260,641.38
GRAND TOTAL $1,047,642.05
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2022-2023).
Commissioner Cossairt moved to approve the New Private Road Name Form for LCDR Fred Eskew Way. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Findings and Decision for Planning and Zoning File #23-0035, Hittle, for Hittle Acres Subdivision. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Findings and Decision for Planning and Zoning File #23-0101, Worf, for the Replat of Lot 8, Block 2 of the amended plat of Lots 1 through 4 and 8 & 9, Block 2 of the Winjum Meadows Subdivision. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Commitment letter for Trow Creek Water Association for an amount up to $25,000.00. Commissioner Robertson second. Motion passed unanimously.
10:29 a.m., Bonners Ferry Herald Staff Writer Emily Bonsant, Zak Bushnell and Kelly Baber joined the meeting.
10:30 a.m., Judith “Holly” Beaudet joined the meeting.
Ms. Beaudet introduced herself to Commissioners and informed them that she is a long-time resident of Bonners Ferry. Ms. Beaudet discussed the traffic congestion and issues getting onto Highway 95 due to so many people moving to this area. Ms. Beaudet said she feels a 10-year moratorium would be in order and she is requesting that an evaluation be done by Commissioners to look into that. Ms. Beaudet said in light of the Cabinet Mountains Water District no longer being able to deliver water hookups, overburdening of the storm runway and sewage disposal issues, there are multiple grounds that a moratorium would be appropriately applied to Boundary County. Ms. Beaudet commented that she was instrumental in the last moratorium 15 years ago, which was a 10-year moratorium and she feels an even tighter moratorium would be more effective and beneficial at this point, to include stopping Boulder Creek Academy from gaining permits to open up since we may need emergency housing for troops concerning world issues. Ms. Beaudet spoke of the Border Patrol Office and issues in Canada with the Chinese army that she said is well entrenched in this country. Ms. Beaudet said she was in Arizona last winter and she couldn’t believe how many paramilitary people there were. Ms. Beaudet reiterated that she is asking that Commissioners look into a 10-year moratorium.
Ms. Beaudet mentioned that she is also asking the county to look into the viability of reopening the old Paradise Valley Road. Ms. Beaudet said Bonners Ferry is now in the top five for target sites for nuking or terrorist activity and this area received this designation approximately three or four years ago due to trains coming through, intercontinental ballistic missiles (ICBM), and there is also the Three Mile Border Patrol Office. Ms. Beaudet stated that this office was not given a proper environmental assessment and now it’s the Border Patrol Office that houses many people. There are funny round things on the roof that are joy stick controls for things linked to satellites. Ms. Beaudet said if a terrorist attack happens at Three Mile or an assault is done to that facility, it would be nice to have two means of exiting, such as Highway 95 and the old Paradise Valley Road. Also, with earthquake destabilization, it’s approximately 20 minutes of running time before Bonners Ferry is under many feet of water and she spoke of needing time to get residents out of the senior apartments. If the Paradise Valley Road near Alder Street was reopened and the 4-foot high berms were leveled, people wouldn’t have to wait to get out and they could leave on foot. Ms. Beaudet said 50 years ago she and others would ride horses up to the Taft property and she had ½ interest in a parcel on Alder Street. Ms. Beaudet added that she was forced to relinquish her position by legal action, but she never relinquished her easement to the Taft property up and down the draws. She would like to see that area signed over or use more of her share of the public easement that she has maintained over the last 20 years. Ms. Beaudet spoke of having been exited from her five-acre piece of property, but she states she never gave up access and she would like that opened for ingress/egress. The rim view is very spectacular and maintained. The old Paradise Valley Road would be another viable trail for people to have something to do. This route can be used for recreational or educational purposes, according to Ms. Beaudet.
Chairman Bertling questioned if Ms. Beaudet would like the county to take over this road. Ms. Beaudet mentioned using this road as a county hiking trail and she said she recorded it with a 12-lot split. Ms. Beaudet commented that she was assaulted, but the city police are biased and someone took her cat and she’s been trespassed from the veterinary office so she cannot even get the cat back.
Chairman Bertling said right now the county is looking into acquiring a different trail system through the Idaho Transportation Department, which is the old north hill right-of-way. Ms. Beaudet said that would work and the county would have both the north and south hill trails. Ms. Beaudet said her 12-acre split is already done and she would be happy to assign rights over to the county. Chairman Bertling said it would have to be a well-maintained road and Ms. Beaudet said no, not really, just limbing a few trees. With emergency vehicles, it’s drivable and it was the main road before the highway was put in, according to Ms. Beaudet.
Chairman Bertling said Commissioners will take what Ms. Beaudet has said into consideration. Ms. Beaudet spoke of wanting to cease county permits for the next 10 years and she commented on Russia and Ukraine issues. Ms. Beaudet thanked Commissioners for listening. Chairman Bertling said stopping permits would be taking away personal property rights. If someone had property here, but hasn’t lived here and now they want to build, you cannot take away their property rights. Commissioner Robertson said that is not how America works and it should be what is yours is yours, with some limitations. Commissioner Robertson said he doesn’t like all of the growth or traffic and he is a long-term Boundary County family, but it’s not up to him to tell someone they cannot sell their property or build their house. Splits can be limited, but you cannot tell someone they can’t build or sell. Ms. Beaudet said that is why Commissioners were voted in. Commissioner Robertson said Commissioners represent people who are new to the community just as they represent the people who have lived here a long time. Ms. Beaudet said Bonners Ferry is not as liberal as the rest of the country; it’s more of a survivalist mentality. This community is a falsehood that the darker skinned people are welcomed with open arms. That is what the liberal minded folks have led people to believe. There is a huge population here that don’t want people from Africa, Pakistan, etc., and it’s very ugly what has happened in Sandpoint and it’s moving this way, according to Ms. Beaudet. Ms. Beaudet said she thinks the county would want to join in before the country gets into a super revolution.
Ms. Beaudet spoke of the fire seasons and weather conditions and she said she has a family holding place in Montana and it can take only 10 days for the landscape to turn from green to brown. People could be driving through fires with no pilot cars and that could happen here. If the fires come south, it could cause a bottle neck.
The meeting with Ms. Beaudet ended at 11:00 a.m.
11:12 p.m., Mr. Bushnell and Ms. Baber left the meeting.
11:14 a.m., Ms. Bonsant left the meeting.
Commissioners recessed for lunch.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, and Deputy Clerk Michelle Rohrwasser.
Road and Bridge Department Co-Superintendent Randy Morris joined the meeting to give the department report. A written report was provided.
1:30 p.m., Richard Williams and Joseph Knight joined the meeting.
Mr. Knight informed Commissioners of an issue involving his neighbor who is diverting water, which caused flooding on Mr. Knight’s property. Commissioner Robertson explained that this would be a civil issue, not be a commissioner issue, and there is nothing in the ordinance pertaining to this. Commissioner Robertson said with what Paradise Valley Water Association wants to do, the issue should work itself out.
Mr. Morris reviewed work being done by Road and Bridge. Road and Bridge will have a couple crew members at the crusher this week and will work on Brown Creek Road. Hopefully next week will be chip sealing.
Commissioner Cossairt moved to sign the Preliminary Engineering Services Agreement with Union Pacific Railroad for the School House Road Crossing pending approval by the county civil attorney. Commissioner Robertson second. Motion passed unanimously.
Mr. Morris said Road and Bridge now has a full crew, but some don’t have their commercial driver’s license. Commissioner Robertson asked if Road and Bridge thinks they might not finish chip sealing Brown Creek Road. Mr. Morris said he’s not certain.
Commissioners updated Mr. Morris about the request to reopen the old Paradise Valley Hill Road.
Don Jordan joined the meeting at 1:47 p.m.
Commissioner Cossairt moved to sign Certificates of Residency for Damon Madson and Sarah Doss. Commissioner Robertson second. Motion passed unanimously.
2:00 p.m., Commissioners held a public hearing to consider Variance Application #7-2023. A variance to Boundary County Road Standards Ordinance 2020-2 as it pertains to an approach permit. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendent Randy Morris, Richard Williams, Joseph Knight, Don Jordan, Brian Reed, and Applicant Joseph Fischer. The hearing was recorded.
Commissioners reviewed the public hearing procedures to follow. Commissioners cited no conflict of interest.
Mr. Morris gave a detailed staff report. The application is for a primary approach to parcel #RP61N01E291800A. The parcel has an existing easement; however, due to the neighbor’s installation of a drain field, the applicant needs an approach accessing the parcel at the proposed location. The zone designation of the parcel is rural residential with a five-acre minimum. The surrounding zone district designations are rural residential to the north, east and west, and ag/forestry with a 10-acre minimum to the south. Surrounding land uses are vacant and timberland to the north, residential to the east, vacant and residential to the west, and vacant and timberland to the south. Mapped riparian wetlands are present on site, the area is not within the area of city impact and is not within the airport overlay zone. There are no special flood hazardous areas.
Road Standards Ordinance Section 3.3.B., says no new access on collector routes shall be located within 330 feet of an existing access, or the intersection of two public road rights-of-way. On local roads, no new access should be located within two hundred feet from any existing access or the intersection of two public road rights-of-way. The minimum sight distance for new approaches entering local access roads shall be a minimum of three hundred feet and a minimum sight triangle of 40 feet. The permittee shall be required to perform necessary brush removal to maintain sight distance. The proposed access is located 245 feet east of the address of 1197 Brown Creek Road and 188 feet west of the address 1281 Brown Creek Road. Mr. Morris said due to circumstances beyond the applicant’s control to use the existing easement approach that was requested and conditioned as part of the parcel division that created this parcel, Road and Bridge would have approved this proposed location as sufficient sight distance is achievable in relation to the driveway being located on the north side of the roadway. The daily traffic count from year 2018 was 87 per day from the west and 174 from the east. There is 300 feet sight distance both west and east of the approach and the sight triangle can be achieved. Mr. Morris described the topography and geography of the area of the variance on Brown Creek Road. The speed limit on this road is 35 miles per hour. Mr. Morris reviewed public comments. It was said that the neighbor, Brian Reed placed a septic drain field where the easement was located.
Commissioner Robertson said the only requirement that was not met is the distance from the next driveway.
Commissioners asked the applicant for his opening statement. Mr. Fischer said he had planned on using the original access. Mr. Fischer said he hadn’t been using the parcel, but now he needs to have access again.
Commissioners opened the hearing to public testimony and asked for comments from those in favor of the application. Mr. Reed, 1197 Brown Creek Road, said he had his septic set in front of his house, but the inspector had him move it below and that is what messed this up. That is how that happened.
Speaking uncommitted was Don Jordan. Mr. Jordan said he doesn’t care where the easement is, but he sees a procedural issue that should’ve been addressed. Original documents show that Jerry and Judy Everhart had an easement before the property sold. Mr. Fischer did a good job laying out the driveway and if a new access is put in, Mr. Fischer will have a hard time maintaining the quality of the driveway. Panhandle Health District apparently had the septic position approved near where the house is built, but when the house was built too close to the septic, they talked to Panhandle Health District about moving the septic. Panhandle Health District should’ve said no and suggested putting in a pump and leach field somewhere else, but he feels Panhandle Health District was not aware of the access. Mr. Reed should pay for Mr. Fischer’s costs, but it may require better site plans. Mr. Jordan said he hates to see this happening, but there needs to be a document submitted that shows where setbacks, septic, easements, utilities, leach field and a replacement field are. Chairman Bertling said he agrees; it’s just finding the funds for that person.
No one spoke in opposition. Commissioners closed the hearing to additional testimony.
Mr. Fischer gave a closing statement and said that he just needs a driveway quickly.
Commissioner Cossairt said he has no problem with the application. Commissioner Robertson said he doesn’t have a problem either and he agrees this should’ve been handled differently by the landowners, but we’re past that point. Chairman Bertling said he also agrees with that and agrees with Mr. Jordan in that Mr. Reed should probably reimburse Mr. Fischer for the cost of relocating the driveway.
Commissioner Cossairt moved to approve the variance request of applicant/landowner Joseph Fischer, Parcel Number RP61N01E291800A, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B., with the following conditions A through G. Commissioner Robertson second. Motion passed unanimously.
The public hearing to consider Road Standards Ordinance Variance Application #7-2023 ended at 2:20 p.m.
Mr. Williams and Mr. Knight left the meeting at 2:22 p.m.
2:45 p.m., Commissioners reviewed matters pertaining to Planning and Zoning applications fees.
Commissioner Cossairt moved to write a letter to Damon Allen with the Idaho Transportation Department regarding the old north hill right-of-way. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Certificate of Residency for Brodie Becker. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Amanda McClarin to the Waterways Board with a term to expire January 2025. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Holly Ann Ponti to the Waterways Board with a term to expire January 2024. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Caleb Watts to the Waterways Board with a term to expire January 2024. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to appoint Walt Dinning to the Waterways Board with a term to expire January 2026. Commissioner Robertson second. Motion passed unanimously.
There being no further business, the meeting adjourned at 4:41 p.m.
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TIM BERTLING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk