***Monday, February 6, 2023, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Commissioners said the Pledge of Allegiance.

9:00 a.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. Mr. Morris reviewed work as listed in the report.

The memorandum of understanding with the Kootenai Tribe and the 2022 Idaho Transportation Department GEO Local Road Mileage Report are not yet ready so those discussions have been continued to tomorrow at 11:00 a.m.

Ms. Nelson spoke of the finance documents to purchase the 2023 Western Star 47X chassis from Freightliners Northwest/Gordon Truck Center. Ms. Nelson said the Commissioners made a motion to purchase this chassis last year. The financing for this is not in-house. The purchase is as is, but there is a 5-year Detroit Connect warranty. Ms. Nelson explained what is included.

Commissioner Cossairt moved to sign the Wells Fargo Finance agreement documents, the Gordon Truck Center agreements, the FET exemption form, and associated claim form for the 2023 Western Star 47X dump truck chassis. Commissioner Robertson said he would like to review the documents. The motion died due to lack of a second.

Ms. Nelson mentioned the notice of open house published in the newspaper regarding the Kootenai Tribe’s travel plaza.

Ms. Nelson asked to change the time of the Road and Bridge Department report in order to allow time for various paperwork to be completed. Road and Bridge will now have their department reports on Monday at 1:30 p.m.

9:15 a.m., Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.

Commissioner Cossairt moved to sign the Wells Fargo Finance agreement documents, the Gordon Truck Center agreements, the FET exemption form, and associated claim for the 2023 Western Star 47X dump truck chassis for Road and Bridge. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to adopt Resolution 2023-25. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-25 reads as follows:

(See next page for Resolution 2023-25)

The meeting with Ms. Nelson and Mr. Morris ended at 9:20 a.m.
Commissioner Cossairt moved to sign the Certificate of Residency for Jacob Ramsey. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel #MHB00000226920A and to accept the tax amount due by February 17, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel #MH61N01E307361A and to accept the tax amount due by March 15, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel #MHB004000009BAA and to accept the tax amount due by February 3, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2002 taxes for parcel MH63N03E323800A and to accept the tax amount due by February 15, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel MH61N02E04391AA and to accept the tax amount due when the property owner receives their tax return. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel MHM0130000022VA and to accept a payment of $50.00 by February 1, 2023 and to accept payments of $50.00 by the first of every month until paid in full. Commissioner Robertson second. Motion passed unanimously.

Commissioner Robertson moved to reappoint Donna Jo Dirks and Tamina Boonisar to the Boundary County Community Guardianship Board with terms to expire January 2027. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Robertson moved to reappoint Karen Pedey, Cyndi Clark and Corey Richards to the Boundary County Community Guardianship Board with terms to expire January 2026. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Robertson moved to reappoint Darron Branson to the Waterways Board with a term to expire January 2025. Commissioner Cossairt second. Motion passed unanimously.

9:29 a.m., County Civil Attorney Tevis Hull joined the meeting.

Attorney Hull updated Commissioners on Tim Tucker’s request for a partial road abandonment, the status of the memorandum of understanding (MOU) with the Kootenai Tribe of Idaho regarding engineering costs associated with the travel plaza and county participation. Attorney Hull said the MOU for engineering is not finalized and he hadn’t been sure of those costs, but construction costs are $50,000.00. This engineering contract is held by the Tribe; not the county. If Commissioners were to consider the engineering contract, costs cannot go above $50,000.00. The Tribe did send the MOU to Attorney Hull to review for a cost of $50,000.00 or less so Commissioners will have to review it. The form is approved, but the content will have to be approved. Chairman Bertling said the MOU is only addressing engineering services as far as where this affects the county road.

Attorney Hull briefly mentioned waiting to get information from Olivia Garrison as it pertains to her request to enter into a lease for a small patch of county property in Porthill to create a community garden.

Ms. Bonsant left the meeting temporarily.

9:42 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Bertling second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 10:01 a.m. No action was taken.

Attorney Hull left the meeting at 10:01 a.m.

10:01 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to give the department report.

Mr. Skeen presented Commissioners with a department report. Those present discussed attempting to collect on delinquent accounts owed by various companies and contractors. Mr. Skeen also briefly mentioned seeking quotes to bale the metal pile at the landfill.

The meeting with Mr. Skeen ended at 10:10 a.m.

Treasurer Jenny Economu briefly joined the meeting at Commissioners’ request to clarify a delinquent tax matter. Treasurer Economu explained the notice on tax bill that references Idaho Code, in that if a property owner does not receive a tax notice on property, this does not excuse the late charge and interest for non-payment.

Treasurer Economu left the meeting.

Commissioner Cossairt moved to deny the request to excuse late fees and interest for tax year 2022 for parcel RP61N02E055561A. Commissioner Bertling second. Motion passed unanimously.

Commissioner Cossairt moved to amend Commissioners’ prior motion made on July 11, 2022, regarding Hospital Board appointments to reflect the appointment of Wendy Hawks to the Boundary Community Hospital Board, filling the remainder of Dennis Dinning’s appointment, with a term expiring January 2023, and to appoint Jennifer Van Etten to the Boundary Community Hospital Board, filling the remainder of Geri Garten’s appointment, with a term expiring January 2025. Commissioner Robertson second. Motion passed unanimously.

10:23 a.m., Ms. Bonsant left the meeting.

10:30 a.m., Chief Probation Officer Stacy Brown joined the meeting to give the Probation Department report. Ms. Brown reviewed the number of cases of those on various levels of probation. Ms. Brown mentioned having courses on healthy relationships as well as the Leveraging Evidence to Activate Parents (LEAP) Program. Juvenile Probation Officer Jessica Nordheim is involved in the LEAP program, which is to assist junior probation officers in helping to motivate parents. Ms. Nordheim has been chosen to start the program next month and the course will give her the tools to engage parents. Ms. Brown explained the diversion program to Commissioners.

Ms. Brown discussed the cost to improve internet services for her office. EL Internet may be able to improve service for less than $100.00 so Ms. Brown is working with Ziply to separate the bill to see what costs are for the telephone and then stop the internet service.

Personnel Director Pam Barton joined the meeting.

Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Commissioner Robertson second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 10:46 a.m. No action was taken.

The meeting with Ms. Brown ended at 10:48 a.m.

Commissioner Cossairt moved to approve the new Road Name of Final Drive. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Hangar/Ground Lease with Hangar Lima, LLC for Hangar L. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Cooperative Law Enforcement Agreement between the Boundary County Sheriff’s Department and the USDA, Forest Service Idaho Panhandle National Forest. Commissioner Robertson second. Motion passed unanimously.

11:00 a.m., Courthouse Maintenance Squire Fields joined the meeting to provide a department report. Mr. Fields said the area of the Courthouse parking lot that is breaking up and has sunk has been inspected and is determined to be just a surface dip. Commissioners mentioned talking with Road and Bridge to see if they can make the repairs. Mr. Fields said he will get quotes to have the roof resealed as well as get a quote to have the pipe underneath the floor of the basement level men’s restroom fixed. Mr. Fields said he hasn’t heard back from Selkirk Sealcoat about resealing the parking lots. Mr. Fields informed Commissioners that the carpet in the Prosecutor’s Office was cleaned after the recent flooding and he was informed that there is still an odor. Mr. Fields will get an insurance quote for carpet replacement. More than just the O-rings will be replaced on the toilets. The lawn sprinkler system at the armory still needs to be repaired as section 1 won’t turn off and section 7 is missing. Those present discussed having the company that caused this damage make repairs.

Mr. Fields mentioned that the company that was to conduct the mold testing declined doing the job for the county, but the quote from another company is still too expensive. There is still one other person who might be able to do this testing for approximately $600.00. Commissioners authorized Mr. Fields to contact this person.

The meeting with Mr. Fields ended at 11:08 a.m.

Commissioner Cossairt moved to appoint Bill Benage to the Planning and Zoning Commission filling Tim Heenan’s vacancy, with a term to expire January 2027. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the plat map for Joel and Julia Majeski. Commissioner Robertson second. Motion passed unanimously.

11:30 a.m., Restorium Administrator Karlene Magee and Assistant Administrator Diana Lane joined the meeting to give an update on Restorium matters.

The Restorium currently has approximately 31 residents. The Restorium is still having plumbing difficulties and there isn’t hot water as it should be on the short hall. The sprinkler system has been repaired. Ms. Magee said the work done by BF Builders for the new tub has increased to $4,500.00. It will be another six to eight weeks before the new tub arrives since the first new tub arrived damaged. Ms. Magee commented on participation in the demonstrations for the new computer medical program.

The meeting with Ms. Magee and Ms. Lane ended at 11:45 a.m.

Clerk Poston discussed the date of Idaho Day with Commissioners.

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., Economic Development Council (EDC) Director David Sims joined the meeting to update Commissioners on various EDC business as follows: there is still no change in the closing hours for the Porthill border crossing. The State of Idaho had released $35,000,000.00 in broadband funding, but no local providers applied. Mr. Sims discussed needed improvements to the existing tennis courts. There is a funding program available through the Idaho Department of Commerce for these improvements, but it has to serve a certain percentage of users and there is a survey required for qualifying income. Mr. Sims spoke briefly of working with a couple people who are looking to start their businesses.

Mr. Sims mentioned having been invited to a meeting with the Forest Service to discuss low value residuals. A long-term commitment is needed. The US Department of Agriculture (USDA) has a producer grant, but it hasn’t been released yet. Mr. Sims said he will meet with the USDA this month regarding agriculture and the Rural Energy for America program for funding energy efficiency.

The meeting with Mr. Sims ended at 1:55 p.m.

Commissioner Cossairt moved to sign the Certificate of Residency for Aliah Bard. Commissioner Robertson second. Motion passed unanimously.

2:00 p.m., There being no further business, the meeting recessed until tomorrow at 9:00 a.m.

***Tuesday, February 7, 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., Sheriff Dave Kramer joined the meeting.

Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member, or individual agent. Commissioner Robertson second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 9:20 a.m.

Commissioner Cossairt moved to draft a resolution for temporary hire of a detention deputy for six months at 15 hours per week. Commissioner Robertson second. Motion passed unanimously.

Sheriff Kramer left the meeting at 9:24 a.m.

Commissioners tended to administrative duties.

9:45 a.m., Inland Forest Management (IFM) Project Manager John Ailport and Pam Brockus joined the meeting.

Mr. Ailport updated Commissioners on the Fire Safe Program and IFM’s involvement with this program since the beginning, which was approximately 2001. Mr. Ailport provided a program history and showed slides explaining defensible space around a home to reduce fire hazards, partnering with the US Forest Service, partnerships for hazardous fuels reduction/treatment, types of equipment used, how project areas are selected, and current and upcoming grants.

There is a grant cycle open for fuels reduction projects totaling $240,000.00. This is the Western Fire Manager grant, which is a bit more difficult to get and it’s more competitive throughout the state. If Commissioners would like to apply for it, the deadline for this grant is March 10, 2023. Chairman Bertling said he would like to see this program continued and apply for this grant. Mr. Ailport said he would work on the paperwork. Commissioner Robertson asked how a homeowner applies for this program.

Mr. Ailport explained the Deer Camp fuels reduction project and he commented that Boundary County can do more work for less money. Ms. Brockus would administer this grant for 5%.

Commissioner Cossairt moved to sign and submit the application for the Western States Fire Manager grant funding for year 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to submit the additional information and project agreement for the Deer Camp project. Commissioner Robertson second. Motion passed unanimously.

Ms. Brockus said she was also the grant administrator for the Bonfire Program in Bonner County and has worked with Mr. Ailport so she has knowledge of these programs.

Commissioner Cossairt moved to sign the Contract for Professional Services for Fire Mitigation Project Management for the 20HFR1-Boundary-BD(Brushy Deer Camp). Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Professional Services Contract between Boundary County and Pam Brockus regarding Idaho Department of Lands/Fire Safe Program Grants Administrator. Commissioner Robertson second. Motion passed unanimously.

The meeting with Mr. Ailport and Ms. Brockus ended at 10:40 a.m.

10:50 a.m., County IT Director Matt Hodges joined the meeting.

Mr. Hodges explained needing to update the firewall for the Courthouse and he said it’s mainly for the Addressing Coordinator to connect to the Planning and Zoning Office and Courthouse from another location. The current firewall is more than five years old and when trying to do a virtual private network (VPN) solution for the county mapper, it never worked properly. A newer firewall will help the connection from the Road and Bridge Office to the Planning and Zoning Office and it drastically helps the VPN.

Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting at 10:54 a.m.

It was said the cost to upgrade the server and firewall can come out of the budget for data. Ms. Nelson said the GIS server is getting the upgrade and County Assessor Olivia Drake and Addressing Coordinator Debra Drake will hold all of the documentation for addressing, private road names, mapping information, address change information, etc. Mr. Hodges said that is a different server. It was said that Innovate will connect into this server so the county will want to upgrade it beforehand.

Mr. Hodges informed Commissioners the cost of the agreement with IRON decreased, but there will still be some costs to EL Internet. The county will pay a monthly fee for this service to the NIC building.

Commissioner Cossairt moved to approve the quote from Miicor totaling $1,087.20 to update the county’s firewall and server. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Associate Service Order with Idaho Regional Optical Network (IRON) for internet fiber to the former North Idaho College Building. Commissioner Robertson second. Motion passed unanimously.

Mr. Hodges left the meeting.

Ms. Nelson informed Commissioners that the memorandum of understanding from the Tribe is an offer to the county for work on engineering possibilities. Ms. Nelson spoke of being in talks with the Idaho Transportation Department in trying to figure out different intersections in the Three Mile area and it is tricky to come off of roads onto the highway. Ms. Nelson said she would like to be proactive and this seems reasonable. Ms. Nelson said the amount associated with the MOU is not to exceed $50,000.00.

Commissioner Cossairt moved to sign the Memorandum of Understanding between the Kootenai Tribe of Idaho and Boundary County, Idaho; Road and Bridge Department regarding engineering services for the travel plaza not to exceed $50,000.00. Commissioner Robertson second. Motion passed unanimously.

The meeting with Mr. Morris and Ms. Nelson ended at 11:25 a.m.

Commissioners recessed for lunch at 11:30 a.m.

1:30 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #23-0016. This is an application for a short plat – lot line adjustment requested by applicants Lowell & Kendra Graber and Byler Building Systems, LLC. The hearing was recorded.

Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Dick Staples with JRS Surveying, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris.

Chairman Bertling reviewed the public hearing procedures. There were no questions of the procedures and Commissioners cited no conflicts of interest.

The application is for a preliminary plat approval for the Replat of Lots 1, 3, and 4 of Graber Subdivision, a short plat to adjust common property lines to account for the existing road and building development. The proposed lots would be 10 acres each in the agriculture/forestry zone and are located off Legacy Ridge Lane and identified as Assessor’s Parcels RP002850000010A, RP002850000030A, and RP002850000040A in Section 1, Township 62 North, Range 1 East, Boise Meridian.

Ms. Marley pointed out the decision-making process for quasi-judicial versus legislative hearings.

Ms. Vogel provided a staff report. This subdivision was approved last April of 2022, and this hearing is needed to adjust common property lines to account for the existing road and building development. Lots 1, 3 and 4 are affected. The lots will be served by private septic and wells. The lots are accessed off of Smith lake Road and Lot 3 will have direct access from that road.

Agency comments were received and the Addressing Coordinator mentioned that the road name on the application was incorrect. The Assessor provided standard information on potential new parcel numbers, Panhandle Health District gave information about septic permits for one of the lots and Road and Bridge provided comments on Legacy Ridge lane, where Lot 3A comes off of Smith Lake Road. No public comment was received. The application was routed to neighbors within 300 feet and notice was published in the newspaper. This area is not in an overlay area or wetlands and it’s not in the area of impact. For Road and Bridge’s requirements, they are wanting to have the applicant obtain an approach permit for Lot 3A and the official road names need to be correct on the final plat for recording. There were no questions.

Mr. Staples, representing the applicant, said he had no further comment.

Road and Bridge is requesting a realignment for Lot 3A, the access point appears to be one previously discussed coming off of Smith Lake Road and it was just 30-feet for access and utilities. Now that this is official, Road and Bridge requests an approach permit and to actually construct the approach at that location. Road and Bridge met at the site in June of 2022, to take measurements, etc. and the access appears on the plat, but Road and Bridge would like to see it done. This access would meet standards, according to Ms. Nelson.

Chairman Bertling said since there are no members of the public present, Commissioner will dispense of asking for public comment in favor, uncommitted or opposed to the application. Commissioner Cossairt and Commissioner Robertson stated they had no issues with the application.

Commissioner Cossairt moved to approve the preliminary plat of the Replat of Lot 1, 3 and Lot 4, Graber Subdivision, a proposed lot line adjustment, File #23-0016, and direct staff to prepare written findings, a decision and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions and conditions as written. This action does not result in a taking of private property. This is to include draft findings and conclusions 1 through 9 and draft conditions of approval 1 through 6. Commissioner Robertson second. Motion passed unanimously.

The hearing for Planning and Zoning File #23-0016 ended at 1:45 p.m.

2:00 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #23-0017. This is an application for a short plat - plat amendment requested by applicant Shem Johnson. The hearing was recorded.

Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, and John Marquette with JRS Surveying.

Chairman Bertling reviewed the public hearing procedures. There were no questions of the process and Commissioners cited no conflicts of interest.

The applicant is requesting preliminary plat approval for the Amended Plat of Pinetop Subdivision, a short plat to amend the location of the platted, 30-foot-wide easement, Canusa Way, within Lots 1, 2, and 3. No new lots will be created. The property is in the rural community/commercial zone, located off Porthill Loop and Canusa Way and identified as Assessor’s Parcels RP008650000010A, RP008650000020A, and RP008650000030A in Section 8, Township 65 North, Range 1 West, Boise Meridian.

Ms. Vogel gave a staff report and said this is for a plat amendment for the road, Canusa Way in the Porthill area. This is needed because the road that was platted as Pinetop Subdivision doesn’t represent the physical road and the road went through Lots 1 through 3. Ms. Vogel showed a diagram of the original plat when the subdivision was approved versus what the new road will look like. Agency comments received were from the County Mapper with regular comments about changing parcel numbers, Road and Bridge commented about the approach location and Panhandle Health District provided septic permit information for a lot that’s being developed. No public comments were received. Ms. Vogel stated the standards of analysis for applicable codes and draft findings and conclusions were provided for Commissioners. Only the road is being adjusted, according to Ms. Vogel. The application includes a standard two-year expiration date. Commissioner Cossairt asked about the zone. Ms. Vogel said this zone is a mix and it allows for single family homes, duplexes and apartments, as well as light retail/commercial and industrial.
Commissioners asked the applicant for an opening statement. Mr. Marquette said he was representing the applicant. When the original plat for the Pinetop Subdivision was recorded, the road location looked good on paper, but when it was being built, the road didn’t sit right so the applicant needed to go through this process to amend the physical road location. The amended plat represents where the road actually is right now and that is the only change from the plat.

Ms. Nelson said the approach location didn’t change, but the permit was for an approach that had to go through the variance process and was given the instrument #287249. Ms. Nelson said the access point and the instrument number should be referenced on this plat when it’s recorded so the findings and decision are in agreement. Ms. Marley asked if the access variance is to Canusa Way or Porthill Loop. Ms. Nelson said the approach is off of Porthill Loop, off of Canusa Way.

Commissioners skipped the public comment period since no member of the public was present. Commissioners held discussion and Commissioner Cossairt and Chairman Bertling said it looks good.

The draft conditions of approval will include an added #5 stating that the final plat shall note the new road approach variance and instrument number to the satisfaction of the Road and Bridge Department.

Commissioner Cossairt moved to approve the preliminary plat of Amended Plat of Pinetop Subdivision, File #23-0017, and direct staff to prepare written findings, a decision and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions, and conditions as written, or amended. This action does not result in a taking of private property. Included are the draft findings and conclusions 1 through 10 and draft conditions 1 through 5. Commissioner Robertson second. Motion passed unanimously.

The hearing to consider Planning and Zoning File #23-0017 ended at 2:15 p.m.

2:30 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #22-0051. This is an application for a rural subdivision requested by applicants Craig and Elaine Wheatley. The hearing was recorded.

Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Applicant Craig Wheatley, Sam Fodge, Mike Worley, Delton Amoth, Rupacandra Carll, and Richard Carll.

Chairman Bertling reviewed the public hearing procedures. There were no questions of the process and Commissioners cited no conflicts of interest.

The applicants are requesting preliminary plat approval of Fawn Country Estates, a rural subdivision short plat to create 10, 10-acre lots from five, 20+ acre parcels. The total acreage is approximately 107.36 acres in the agriculture/forestry zone, located off Fawn Lane, and identified as Assessor’s Parcels RP63N01E272413A, RP63N01E272450A, RP63N01E272551A, RP63N01E273002A, and RP63N01E273010A in Section 27, Township 63 North, Range 1 East, Boise Meridian.

Ms. Vogel gave a staff report. This is for a rural subdivision through the short plat process for Fawn Country Estates. The parcel is a total of 107.36 acres and the applicant wishes to create 10, 10+ acre lots from five, 20+acre parcels. This hearing is required because these five, 20-acre parcels were created under the exemption process of Section 20.3 of the county code, so this application has to go through the platting process automatically. Ms. Vogel reviewed the standards of rural subdivisions, to include a road condition that was amended last year. Each lot can or will be served by a water association or private well. This is the Ag/forestry zone so lots cannot go small enough to require will-serve letters. An aerial picture shows the five parcels. This zone has a 10-acre minimum lot size and lots will be served by private wells, septic, Northern Lights, and North Bench Fire Department. Access is from Fawn Lane. A color-coded map was provided to show how properties connect. In between the central lots are the long 20-foot wide stretches. This application was routed to agencies and comments were that addressing private road names will be needed to the two access points that are not a part of the existing driveway. The Assessor talked about net acreage. Planning and Zoning was notified the non-platted neighboring parcel to the west is depicted incorrectly. Panhandle Health District didn’t have any applications for parcels on file. Road and Bridge did have some conditions regarding accesses and what is hard surfaced off of Fawn Lane.

The applicant talked to Road and Bridge about private road accesses. The map shows the access point for Lots 9 and 10 and the expanded portion of Fawn Lane. Public comments were not received until after the staff report had already been completed. The comment was in opposition to the application since Fawn Lane and the area can’t handle growth. Standards of analysis are provided for Commissioners to consider and the findings and conclusions for access were pointed out. There is a 40-foot wide private easement that incorporates two, 20-foot wide access travelways that will provide access to all proposed lots, except for Lots 9 and 10 which will have access via a single 20-foot wide easement. The level of services shall be shown on the final plat prior to recording, the applicant needs to obtain approved private road names, and Road and Bridge has required certain conditions. In regard to the comment about the neighboring parcel, there is a parcel configuration for the neighboring parcel that needs to be represented on the final plat and that will be #7 under draft conditions of approval.

Mr. Wheatly, 345 Sunrise Road, provided an opening statement. The property consists of 107 acres on Fawn Lane. The highest and best use is to make application to divide the property into price compatible parcel sizes. Road and Bridge’s conditions were reviewed as follows: according to the preliminary plat, the area where the proposed new private road access meets standards, including to lots 9 and 10. The approach permits and construction of the approaches be done to the two, new approaches prior to any work within the subdivision to keep integrity of Fawn Lane. That will allow traffic control signage to be in place. Road and Bridge requested that all three approaches be paved from Fawn Lane to the right-of-way line for a width of 40-feet and a minimum thickness of three inches compacted. Private road signs will be purchased once the road names are approved, along with regulatory signs for Road and Bridge to install.

The hearing was opened to public testimony. No one spoke in favor of the application. Speaking uncommitted was Sam Fodge. Mr. Fodge commented that this is not one continuous piece of property. Ms. Vogel said county code does not require the parcel to be one 107-acre parcel. Mr. Wheatley owns all of the parcels. Lot 1 connects through Lots 2 and 4. Ms. Marley said there is no design standard in Boundary County and she pointed out a very thin line of the property configuration. Ms. Marley said it’s not just an easement; it’s empty land. As long as the areas touch, there is no design standards for lots in county code. Mr. Fodge said he’s just trying to understand how there can be all of this acreage in the back. Mr. Fodge commented that he’s worried about weed control, etc.

Speaking in opposition was Mike Worley. Mr. Worley said he’s not sure what to say, except to leave the country as the country. The road is already busy enough and we don’t need any more traffic. Mr. Worley said he’s just in opposition.

Mr. Wheatley provided a rebuttal and closing statement. Mr. Wheatley said he is 100% in agreement with Mr. Worley and if he could figure out a way to keep the county the way it was, he would agree. Mr. Wheatley quoted what the value would be for 100 acres of hay and timber now. It would be his hope and desire that who buys the lots, buys the whole piece, but that is all determined on if the people can buy it. Mr. Wheatley said he would rather not have the piece in the back of the proposed lots, but he has to have 10-acre parcels. For real estate, the best use is not a hay field and not timber. Mr. Wheatley said he’s owned this property for many years. This is allowed within the county’s ordinance. There is no zoning change required and he’s well within the county code, so his question is why couldn’t this have been done administratively. Mr. Wheatley commented about paving being required and said Fawn Lane is chip sealed; not asphalt paved. When paving an apron approach, is that comparable to chip sealing? Asphalt paving is a higher cost and process. Since Lots 9 and 10 are served by an existing driveway and it only serves two houses, it constitutes a driveway; not a road so why would he have to pave that? Any other residential driveway does not require a paved approach. Chairman Bertling said we’re not going retroactive. A person today would not be required to pave the approach. Mr. Wheatley questioned why he would be required to pave this approach.

Chairman Bertling opened the hearing back up for comments.

Ms. Nelson said for Road and Bridge, they’re viewing all three entrances into the subdivision to have the same type of approach. As far as the question about chip sealing. The layer of chip seal on Fawn Lane is two layers thick and to do a roadway that is 40-feet wide, chip seal will not hold up for that amount of time so paving is the best solution to ensure connection to Fawn Lane. Lots 9 and 10 are only two lots until there is an easement to the next subdivision and we don’t know if in the future if that would ever happen so the thought is if all three approaches were paved, they would be similar. The other condition would be to help maintain traffic onto Fawn Lane and have a nice approach and a stop sign. Also, discussed is the Planning and Zoning conditions once the subdivision is in place. You can have a primary residence and an accessory dwelling unit and there can be a lot more traffic so paved approaches would help with all of that traffic. Mr. Wheatley said he is in agreement.

Commissioner Robertson asked about the driveway for Lot 8. Chairman Bertling commented that with the two wider roads, you could have 10 homes in front. There are two wider roads and his concern would be getting emergency vehicles in there since there is no turnaround. Mr. Wheatley said the problem is you don’t know where a house might be built. One person may decide to purchase more than one lot so it is premature to decide a location for a roundabout.

The hearing was closed to additional testimony. Commissioner Cossairt said this application meets county requirements. Commissioner Robertson agreed.

Commissioner Cossairt moved to approve the preliminary plat of Fawn Country Estates, a proposed rural subdivision, File #22-0051, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions and conditions as written or amended. This action does not result in a taking of private property. This includes draft findings and conclusions 1 through 10 and draft conditions of approval 1 through 7. Commissioner Robertson second. Motion passed unanimously.

The public hearing to consider Planning and Zoning File #22-0051 ended at 3:00 p.m.

3:08 p.m., Commissioners held a public hearing to consider Planning and Zoning Application #23-0028. This is an application for a short plat – primitive subdivision requested by applicants Virginel & Viorica Lapadat. The hearing was recorded.

Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Richard Carll, Rupacandra Carll, Delton Amoth, Dick Staples with JRS Surveying.

Chairman Bertling reviewed the public hearing procedures. Commissioners cited no conflicts of interest.

The applicants are requesting preliminary plat approval of Lapadat Subdivision, a primitive subdivision short plat to create a five-acre lot and a 6.09-acre lot from 11.09 acres. The property is in the rural residential zone, located off Pinnacle Circle and identified as Assessor’s Parcel RP61N01E127350A in Section 12, Township 61 North, Range 1 East, Boise Meridian.

Ms. Vogel gave a staff report. This is for a primitive subdivision through the short plat process and it’s to divide 11.09-acres into a 5-acre and 6.09-acre lot. This parcel was originally created through the primitive parcel process and regardless of who applies, this has to go through the platting process. Pinnacle Circle is a private Road. Ms. Vogel listed the requirements for primitive subdivisions. Parcels are not to be less than five acres and not be more than two lots. There are no provisions for services, but if there are going to be services, they have to be listed. Both lots come off of a private roadway. The Addressing Coordinator had no concerns and the Assessor will go through the regular process. Road and Bridge made comment regarding the approach permit off of Kootenai Trail off of Pinnacle Circle. This road goes up to the Ridge of Paradise Valley subdivision. Panhandle Health District has a permit on site for a 3-bedroom home. No public comments were received. The application meets zoning of 5-acres. The hearing is required due to the previous parcel division. There is a two-year expiration and one-year extension condition. The final plat shall disclose services or lack thereof.

Commissioners asked for the applicant’s opening statement. Mr. Staples, representing the applicants, said he had no further comment. Commissioners opened the hearing to public testimony. No one spoke in favor or uncommitted to the application. Ms. Carll spoke in opposition and asked where the easement goes to, does it go to the corner of the brass cap? Mr. Staples said yes, and he explained the location of the easement. Ms. Carll questioned why the easement ends where it does and Mr. Staples explained that it was an easement that served the Erickson property, but it now serves the Ridge at Paradise Valley. Ms. Carll said this road goes all of the way to Lot 1 of the subdivision and she questioned why it goes that far. Ms. Carll pointed out where her property is located. Chairman Bertling asked Ms. Carll why she is concerned about that. Ms. Carll replied that she doesn’t see why someone should have an easement to her property. Commissioner Cossairt said you cannot take someone’s easement away. Commissioner Robertson said Commissioners don’t have any say in that. Chairman Bertling said Commissioners are just dealing with the subdivision. Ms. Carll said the applicant shouldn’t be given rights to her property. Chairman Bertling said this doesn’t give rights to her property. Mr. Staples said this easement was granted through the property in a lawsuit to get to the Erickson property and it now goes to the Ridge at Paradise Valley. The easement was granted across and to the property. When the Lapadats purchased the property, the easement went to them in full and it went all of the way. Ms. Marley said if this property was never subdivided, the easement would still be there. Mr. Staples agreed and said it would reference ingress/egress.

Ms. Marley said it’s not up to Commissioners to decide an easement dispute. There being no further comment, the hearing was closed to public testimony. Commissioner Cossairt and Chairman Bertling said they had no problems with the application.

Commissioner Cossairt moved to approve the preliminary plat of Lapadat Subdivision, a proposed primitive subdivision, File #23-0028, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions and conditions as written or amended. This action does not result in a taking of private property. Included are the draft findings and conclusions 1 through 7 and draft conditions of approval 1 through 4. Commissioner Robertson second. Motion passed unanimously.

The hearing to consider Planning and Zoning File #22-0028 ended at 3:25 p.m.

There being no further business, the meeting adjourned at 3:30 p.m.

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TIM BERTLING, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk