Commissioners’ Meeting Minutes – Week of January 8

Commissioners’ Meeting Minutes – Week of January 8
***Monday, January 8, 2024, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

9:00 a.m., Solid Waste Department Superintendent Richard Jenkins joined the meeting. Ron Frederickson with Frederickson’s Bonners Ferry Garbage also joined the meeting.

It was said that all garbage truck loads are to go through the weight scale and be documented, so when the Department of Environmental Quality (DEQ) receives the quarterly reports, they have all the weight information. Because of the amount of solid waste that is going back into the waste stream, Boundary County needs to be able to extend its ability to use the small community exemption versus DEQ pulling that designation sooner rather than later. In getting properly documented information, DEQ will hopefully give the county what it needs by having the weights documents. Mr. Frederickson said the best-case scenario is to bump the whole week back and you’re a day late for one week, and he added that he understands that part. Mr. Frederickson said he’s serving the county and city and the city wants to get rid of garbage in a timely fashion. There are businesses that have their garbage picked up a couple times per week. Chairman Bertling mentioned allowing one more week in order to figure something out. Commissioner Robertson said he’s fine continuing for one more week using the prior schedule. Mr. Jenkins said he could discuss this with DEQ to get their approval. Chairman Bertling suggested writing the weight down one more week and then determine the next step.

Mr. Frederickson left the meeting at 9:12 a.m.

Mr. Jenkins commented on a possible date of February 13th to have a meeting with DEQ regarding the 2020 Landfill Operations Plan. DEQ wants a hydrological test for ground water. The county could contract for the work of drilling or DEQ may have ARPA funds to have a driller come out. When the original small community exemption was granted, nothing was found affecting ground water and that is how the county got the small community exemption. Mr. Jenkins said he’s interpreting DEQ in that if the municipal solid waste volume is 20 tons, DEQ wants that removed. They don’t want the county to bury 20 tons and then take the overage somewhere else. DEQ also commented on car wash sludge and they mentioned having Environmental Protection Agency (EPA) testing done. The sludge just gets buried. In the Landfill Operations Plan it states that only car wash sludge is accepted. The landfill only accepts this once or twice per month and DEQ wants it once or twice per year.

Those present discussed accepting animal carcasses that have been affected by transmissible spongiform encephalopathy (TSE), such as mad cow disease. It just means that when a carcass comes in, the landfill needs to document it, locate where the animal is buried on a map, and bury it under three feet of trash, and cover is needed. Mr. Jenkins clarified that this is just approving the June 2020 Operation Plan, but there will be additional inspections and then the county can implement the new conditions. Asbestos and TSE’s are acceptable in the 2020 Operation Plan.

DEQ also wants 24-notice and permitting for controlled burns. With an air burner, that will change things, but this is the 2020 Operation Plan. The air burner will be included in the newer plan as right now we’re just trying to get the 2020 Operation plan approved. Mr. Jenkins questioned how the burner will be purchased. Clerk Poston clarified that last year’s funds cannot be used, but we do have this year’s funds. Mr. Jenkins asked if he should add a line item to next year’s budget associated with the air burner. Clerk Poston said if it is fuel, put the funds in that line time, etc. Commissioner Cossairt said it would be a wood waste expense and Clerk Poston said there is wood waste in the budget already. It was said that Mr. Jenkins doesn’t need to budget a payment for the air burner.

Mr. Jenkins informed Commissioners that gas monitoring should be done quarterly and the dates of submission should be in the Operation Plan so he will meet with JUB Engineering to have them update the Operation Plan and get it ready. Mr. Jenkins commented on getting DEQ approval so he can move forward and concentrate on the new Operating Plan.

The meeting with Mr. Jenkins ended at 9:28 a.m.

9:29 a.m., Prosecutor Andrakay Pluid joined the meeting to assist Commissioners with any topics Civil Attorney Tevis Hull had been working on with them.

Prosecutor Pluid left the meeting at 9:42 a.m.

Commissioner Cossairt moved to approve the minutes for the weeks of December 25, 2023 and January 1, 2024. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation Form for tax year 2023 for parcels LR021995000003A and PP021995000003A and to cancel $9.19 in late fees and interest as the payment was postmarked on time for the first half of year 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation Form for tax year 2023 for the following parcels RP61N01E041520A, RP61N01E041605A, RPB00800020190A, and RPB0080002023BA and to cancel a total of $70.40 in late fees. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to authorize the Chairman to sign the Request for Reimbursement for Airport Aid Grant #F24865S to the State of Idaho, Department of Division of Aeronautics, and Airport Improvement Project Sponsor Invoice Summary. Commissioner Robertson second. Motion passed unanimously.

Commissioner Robertson moved to sign a letter of support for Selkirk Pend Oreille Transit (SPOT) Authority in their efforts in securing grant funds for various projects. Commissioner Cossairt second. Motion passed unanimously.

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

Current Expense $ 102,506.63
Road & Bridge 66,181.51
Airport 7,645.32
District Court 9,159.37
Fair, County 58,864.50
Justice Fund 105,140.19
911 Funds 3,600.20
Historical Society & Museum 36,000.00
Hospital, Operation 135,000.00
Parks and Recreation 1,605.21
Revaluation 418.99
Solid Waste 20,324.90
Tort 109,026.91
Veterans Memorial 139.96
Weeds 807.98
Restorium 27,487.10
Snowmobile 8,070.98
Waterways 935.43
ARPA Fund 70,593.00

TOTAL $763,508.18

Trusts
Auditor’s Trust – *Misc 180.24
Boundary Co. Drug Court Trust 59.17
Driver’s License Trust 7,686.50
Indigent Reimbursements 1,510.00
Motor Vehicle Trust Acct 163,852.60
Sheriff’s Trust Fund 976.30
Sheriff’s Special Projects 434.20
Odyssey Court Trust Account 24,468.15
Odyssey Bond Trust Account 11,515.65
Odyssey Restitution Trust Acct 4,491.62

TOTAL $215,174.43

GRAND TOTAL $978,682.61

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

Commissioner Cossairt moved to adopt Resolution 2024-16. A resolution establishing polling sites in Boundary County. Commissioner Robertson second. Motion passed unanimously. Resolution 2024-16 reads as follows:
RESOLUTION 2024-16

A RESOLUTION ESTABLISHING POLLING SITES IN BOUNDARY COUNTY

WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, has established seven polling sites within the County, and

WHEREAS, those sites are the Bonners Ferry/Kootenai Precinct, Copeland Precinct, Moyie Springs Precinct, Naples Precinct, North Bonners Ferry Precinct, Valley View Precinct, and the Countywide Absentee Voting Precinct

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

IT IS HEREBY RESOLVED that the Board of County Commissioners, County of Boundary, State of Idaho hereby reaffirms the polling sites for elections to be held in Boundary County in calendar year 2024 as follows:
PRECINCT LOCATION
Bonners Ferry/Kootenai Precinct Exhibit Hall, Boundary County Fairgrounds
Copeland Precinct Mt. Hall School
Moyie Springs Precinct Moyie Springs City Hall
Naples Precinct South Boundary Fire Hall
North Bonners Ferry Precinct Exhibit Hall, Boundary County Fairgrounds
Valley View Precinct Exhibit Hall, Boundary County Fairgrounds
Countywide Absentee Voting Precinct Boundary County Courthouse

DATED this 8th day of January, 2024
COUNTY OF BOUNDARY
BOARD OF COMMISSIONERS
s/_________________________
Tim Bertling, Chairman
s/_________________________
Wally Cossairt, Commissioner
s/_________________________
Ben Robertson, Commissioner
ATTEST:s/___________________________________________
GLENDA POSTON, Clerk of the Board of County Commissioners
Recorded as instrument #296218

Commissioner Cossairt moved to award the contract for an air burner to Air Burner, Inc., under the condition of permitting for an air burner for the Solid Waste Department. Commissioner Robertson second. Motion passed unanimously.

Commissioners tended to administrative duties until their next meeting at 11:00 a.m.

11:00 a.m., Commissioner Robertson moved to go into executive session pursuant to Idaho Code 74-206(2)a, to consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 11:30 a.m. No action was taken.

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

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

1:30 p.m., Mike Elam with Selkirk Mountain Technologies joined the meeting to discuss quotes for additional security cameras for the County Annex. Mr. Elam and Commissioners discussed details pertaining to the number of additional cameras and camera placement. The quote includes 10 additional cameras to replace the existing system and they can be synced to a television as well as the Sheriff’s Office. Mr. Elam explained how the system works. Commissioners requested two additional cameras and more panic buttons.

Commissioner Robertson moved to approve the purchase of cameras and panic buttons through Selkirk Mountain Technologies for an amount not to exceed $18,000.00. Commissioner Cossairt second. Motion passed unanimously.

The meeting with Mr. Elam ended at 2:03 p.m.

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

Commissioner Cossairt moved to grant an extension of time to pay year 2023 taxes for parcel #MH00030000018AA and to accept the tax amount due by February 1, 2024. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2023 taxes for parcel #MH00160000020TA and to accept the tax amount due by February 5, 2024. Commissioner Robertson second. Motion passed unanimously.

2:30 p.m., Prosecutor Andrakay Pluid joined the meeting to discuss the need to advertise for the position of county civil attorney/chief deputy prosecuting attorney due to the recent passing of Chief Deputy Prosecuting Attorney/Civil Attorney Tevis Hull.

Prosecutor Pluid informed Commissioners of how many vacant attorney positions are open in Kootenai County, Shoshone County and Bonner County Prosecutors’ Offices. Some of these vacancies have been advertised for over one year and these counties cannot fill the positions. The rate of compensation for this position in another county is in the $85,000.00 range and that is for someone fresh out of law school, according to Prosecutor Pluid. At the range of $120,000.00, counties still cannot fill the position. Prosecutor Pluid mentioned that Shoshone County is advertising for a deputy prosecutor at a rate of $95,000.00 and they have not received any applications. Bonner County has one position advertised starting at $82,000.00 and they have had two applicants. Prosecutor Pluid said the problem is Attorney Hull had a vast amount of experience in criminal law, as well as civil law and she explained that people are usually only a civil attorney or a criminal attorney; it’s not common that you get both. Attorney Hull was excellent at this job, according to Prosecutor Pluid. The Prosecutor’s Office needs to fill this position as soon as possible. The criminal case load is way more than one attorney can handle, and there is also the civil work. In the immediate, Prosecutor Pluid said she would like to post the job as a fulltime criminal deputy and she can handle civil work as long as she has someone who can prosecute felonies. If she could hire someone who has four or five years of experience and who could handle felonies competently, she could handle the civil work, but she feels the office will need a third person.

Prosecutor Pluid suggested posting the position at $95,000.00 with experience preferred. Both Chairman Bertling and Prosecutor Pluid felt the county will still need to raise that figure. Commissioner Robertson asked Prosecutor Pluid, if the position was advertised at $100,000.00 for criminal work, can she cover the civil side. Prosecutor Pluid said yes, if she could hire someone with experience, but she expressed concerns about felonies. Chairman Bertling said Prosecutor Pluid should advertise for both positions at the $100,000.00. Prosecutor Pluid spoke of Boundary County having more flexibility in that an attorney could have days working from home. Those present discussed a starting wage depending on experience.

The meeting with Prosecutor Pluid ended at 3:10 p.m.
Commissioner Cossairt moved to sign the Certificates of Residency for Braylyn Bayer. Commissioner Robertson second. Motion passed unanimously.

2:23 p.m., Chairman Bertling left the meeting.

2:23 p.m., There being no further business, the meeting recessed until tomorrow at 11:30 a.m.

***Tuesday, January 9, 2024, at 11:30 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.

11:30 a.m., Road and Bridge Department Co-Superintendent Renee Nelson joined the meeting to give the department report. Prosecutor Andrakay Pluid also joined the meeting.

11:30 a.m., Ms. Nelson presented a written Road and Bridge Department report and reviewed work being done. Ms. Nelson discussed the snowy conditions, locations of power outages, etc.

Those present discussed the Burlington Northern Santa Fe Railroad Temporary Occupancy Permit needed in order to make improvements to Wilderness Bridge. Attorney Pluid commented that she conducted research on railroad protective liability insurance and Burlington Northern does offer a blanket policy to purchase. Ms. Nelson reviewed needed paperwork.

Commissioner Robertson moved to sign the Burlington Northern Santa Fe Railroad Temporary Occupancy Permit and associated documents for the Wilderness Bridge improvement project. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Robertson moved to issue payment for the Temporary Occupancy Permit fees associated with the Wilderness Bridge Improvement Project. Commissioner Cossairt second. Motion passed unanimously.

Prosecutor Pluid left the meeting.

Ms. Nelson discussed the Strategic Initiatives Award notice pertaining to Sunrise Road and Great Northern Road. Road and Bridge had plans for these roads and part of those plans had to do with drainage. With a huge rain that had occurred, the new business in this area had some flooding issues coming from the airport property, but this business has made some land changes to their property and that will come up. Ms. Nelson said there are some Department of Environmental Quality (DEQ) grants that are mostly for sewer systems, but can also be used for stormwater waste. Ms. Nelson said the drawback that she sees is that a grant would be for fiscal year 2025, with a 20% match for a project cost of no more than $50,000.00. Ms. Nelson commented that if Commissioners thought this would be a good idea for Road and Bridge to submit the application for the planning portion on behalf of the county, it would it be a good thing to have a document from DEQ on the drainage. Sunrise Road will drain toward the highway as it was designed, but should the county get a document? If all else, maybe this is something to have reviewed as part of the Strategic Initiative project. Chairman Bertling said it would be a smart thing to do and he agrees with moving forward. Those present discussed the flow of the drainage.

11:52 a.m., Commissioner Robertson moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed unanimously. The executive session ended at 12:14 p.m. No action was taken.

Commissioners recessed for lunch at 12:15 p.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., Commissioners held a public hearing to consider Planning and Zoning File #24-0026. This is an application for a lot line adjustment via short plat, requested by Don & Debbie Bartling Rev. Inter Vivos Trust and Steven Mahany & Jennifer Sheridan. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, County Planner Tessa Vogel, Dick Staples with JRS Surveying, Applicant Steven Mahany, and Kathy Wenzel. The hearing was recorded.

Chairman Bertling reviewed the public hearing procedures. No questions were raised about the procedures. Commissioners cited no conflicts of interest.

Chairman Bertling asked for a staff report. Ms. Vogel said this is requesting preliminary plat approval of the re-plat of Lots 3 and 4 North Ridge Estates to adjust the shared property line to accommodate an existing garden on Lot 3, to increase Lot 3 from 1.36 acres to 1.56 acres and Lot 4 will be decreased from 1.37 acres to 1.17 acres. The centerline runs through a portion of the property, so it’s moving the line over so the garden is not sitting on the centerline. Sections 2.33.1 and 11 of county code reviews procedures for lot line adjustment. The parcels involved are two platted lots. Ms. Vogel’s presentation shows an aerial photo of the two properties, the zone designation is residential where the density is one-quarter acre to 2.5 acres or greater, depending on services. This area is within the area of impact for the City of Bonners Ferry. Services include Three Mile Water, private septic systems, fire coverage by North Bench Fire Department, and Northern Lights. The presentation showed the original plat and the adjustment, photos of the site postings, and property access. The application was routed to public agencies and Ms. Vogel reviewed which agencies provided a comment and what those comments were. No public comment was received on the application. Notice was mailed out to property owners within 300 feet from the property lines. Commissioners had no questions.

Commissioners asked the applicant for an opening statement and Mr. Staples said he had no further comments to add on behalf of his client, the property owner.

The hearing was opened to public testimony and Commissioners asked for public comments in favor, followed by comments uncommitted and against the application. No public comment was provided and the hearing was closed to public testimony.

Commissioner Cossairt moved to approve the preliminary plat for the Replat of Lots 3 and 4, North Ridge Estates, a proposed lot line adjustment, File #24-0026, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written. This action does not result in a taking of private property. With Draft Findings and Conclusions 1 through 10 and Draft Conditions of Approval 1 through 9. Commissioner Robertson second. Motion passed unanimously.

The hearing ended at 1:40 p.m.

1:45 p.m., Commissioners held a public hearing to consider Planning and Zoning File #24-0030. This is an application for a lot line adjustment via short plat, requested by Paul & Kaitlyn Mast, Rock Solid Contractors and Mark & Ina Hostetler. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, County Planner Tessa Vogel, Dick Staples with JRS Surveying, Kathy Wenzel, and Leroy Hostetler with Rock Solid Contractors. The hearing was recorded.

Chairman Bertling reviewed the public hearing procedures. No questions were raised about the procedures. Commissioners cited no conflicts of interest. This is requesting preliminary plat approval of the Re-plat of Lots 1 and 2 of Schrock Acres Subdivision to adjust shared property lines between three properties to increase Lot 1 to 12 acres, leave Lot 2 as 10 acres, and decrease an unplatted parcel by two acres.

Chairman Bertling asked for a staff report. Ms. Vogel explained that this application and the next one work somewhat together. The unplatted parcel is part of the division to be heard next. Two of the three properties being adjustment are platted. Between Lots 1 and 2 of the Schrock Acres Subdivision and an unplatted parcel to the east.

Chapters 2.33.1 and 11 of the Boundary County Land Use Ordinance refer to the lot line adjustment and platting processes. Ms. Vogel explained which two lots are platted versus the one lot that is not platted. These lots are in the 10-acre zone so they’re looking at individual wells and septic systems, Northern Lights, and North Bench Fire Department for fire service. These parcels are off of Legacy Ridge Lane. Wetlands are present on the unplatted parcel, but Boundary County land use code has no standards for wetlands other than you cannot build on them. Ms. Vogel’s presentation showed the original Schrock Acres Subdivision and where Legacy Ridge Lane runs through, as well as showed the adjustment and original boundary line. This is taking from the unplatted parcel and adding two acres to Lot 1A, and Lot 2A is not changing in size. It’s increasing Lot 1 to 12 acres and Lot 2 to 10 acres. Photos of the road were shown when the site posting was done and access for the new lots were shown. The access points are at the two platted lots.

The application was routed to county and states agencies and no issues were received at this point. The County Assessor, Road and Bridge Department and Panhandle Health District provided comments. The application was also routed to landowners within 300 feet of the subject property and notice was published in the newspaper. Ms. Vogel said the Planning Department didn’t receive public comments initially, but later they received some comments, which are included in Commissioners’ packet. Concerns raised were about the conditions of Smith Lake Road, but that is not a standard of the county’s subdivision code. Access for these parcels is not coming off of Smith Lake Road. Other concerns raised pertained to the aquifer, but that is also not a standard of the subdivision code. DEQ was routed for comment. Comments were received stating that if these concerns were not taken into consideration and neighboring well water supplies were affected, the county would be held liable. Photos of the potholes in Smith Lake Road were submitted in written public comment. Two other written public comments were received and were of similar concerns about the road, memberships for Bee Line Water Association not being available, and burdens to other property owners.

Comments received are from neighboring property owners outside of the 300 feet radius for notification, but they can still comment. Commissioner Robertson questioned the 10-acre density. Ms. Vogel said all subject parcels meet the 10-acre density.

Commissioners asked the applicant for an opening statement. Mr. Staples had no additional comments. Commissioners opened the hearing to public testimony and asked for comments in favor, uncommitted and opposed to the application. Nobody from the public spoke. The hearing was closed to public testimony.

Commissioner Cossairt and Commissioner Robertson stated they had no problems with the proposal and that it meets county standards. Chairman Bertling said he had contacted the Idaho Department of Water Resources and talked with Scott Potter who commented on this area and said it looks as if this area is not bad for water production. There seemed to be water encountered between 200 and 400 feet and most of the wells got good flow at 5 gallons per minute or better. The water was mostly found in shale or granite rock which means that it is from fractures in the rock. This is not a table of shared water and there should not be water scarcity, according to Mr. Potter.

Commissioner Robertson moved to approve the preliminary plat for Replat of Lots 1 and 2 Schrock Acres Subdivision, a proposed lot line adjustment, File #24-0030, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written. This action does not result in a taking of private property. This includes Draft Findings and Conclusions 1 through 14 and Draft Conditions of Approval 1 through 9. Commissioner Cossairt second. Motion passed unanimously.

The hearing ended at 2:00 p.m.

2:00 p.m., Commissioners held a public hearing to consider Planning and Zoning File #24-0031. This is an application for a short plat, lot line adjustment and rural subdivision requested by Mark & Ina Hostetler, Rock Solid Contractors, and Byler Building Systems.

Chairman Bertling reviewed the public hearing procedures. No questions were raised about the procedures. Commissioners cited no conflicts of interest.

Ms. Vogel provided a staff report. This is an application to request preliminary plat approval of Legacy Ridge Subdivision to create five lots ranging from 10 acres to 17.54 acres. This file is associated with the last file, but this is just for the unplatted parcel. The proposal creates 5 lots from 3 parcels and the reason we’re here is that all of these lots were created by the 20-acre split exemption. The lots are all over 10 acres, so this is looking at a rural subdivision; not a long plat. This is a lot line and rural subdivision standards. Four lots are impacted, but only three of the lots are being divided. Lot 2 will become Lot 2a. The parcels are located in the ag/forestry zone with a minimum density of 10 acres, which has been met. The sites are served by individual wells, individual septic systems, Northern Lights and the North Bench Fire Department. Access will be Legacy Ridge Lane. There are mapped wetlands and they’re not of any concern, but they do need to be on the plat and labeled. This is looking at four, 10-acre lots and a larger 17-acre lot to the south. Site postings are at Smith Lake Road and Legacy Ridge Lane. Ms. Vogel said she did post the site postings at the actual stop line at Legacy Ridge and off of Smith Lake Road, along with posting all properties along the road. Ms. Vogel’s presentation showed pictures of the subject properties and commented that all parcels are on Legacy Ridge Lane. Pictures were shown of where the road currently ends and Ms. Vogel said the road will need to be continued.

The notice was routed to the various agencies as well as to landowners within 300 feet of the site and was published in the Bonners Ferry Herald. Ms. Vogel reviewed what comments were received. The comments were the same, with the exception of the Idaho Department of Lands. Ms. Vogel said one comment from the public was that there is not enough acreage to create five lots, but she is not sure where that confusion is. The Idaho Department of Lands wrote about endowment lands. There is no issue, but the Idaho Department of Lands won’t give easements through their property. Ms. Vogel showed a map of the properties and pointed out where the people who commented lived in relation to the site. Ms. Vogel pointed out two additional statements listed as #11 and #12 of the Draft Conditions.

Commissioners had no questions. Mr. Staples said there is confusion about acreage. There is a total of 57.7 total and he explained the size of the proposed lots. The intent is for a minimum of 10 acres with a remainder to be more than 10-acres. Commissioner Robertson said as long as the minimum size is 10-acres, it meets the requirement. Commissioners asked for public comment from those in favor, uncommitted or opposed to the application. No one provided comment. The hearing was closed to testimony. Commissioners said they had no issues.

Commissioner Cossairt moved to approve the preliminary plat for Legacy Ridge Subdivision, a proposed rural subdivision, File #24-0031, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Land Use Ordinance, based upon the findings and conclusions as written or amended. This action does not result in a taking of private property. This includes Draft Findings and Conclusions 1 through 12 and Draft Conditions 1 through 10, and 12 as noted by planning staff. Commissioner Robertson second. Motion passed unanimously.

Chairman Bertling informed Ms. Vogel that he would like to also include the written correspondence from the Idaho Department of Water Resources in this application.

The hearing ended at 2:18 p.m.

Ms. Vogel updated Commissioners on the number of land use permits the Planning Department received for year 2023. The number of permits totaled 181 and there were 13 notices of violations. Ms. Vogel commented on the review of floodplain code text amendment, enforcement of code text amendment, permit transferability, expiration dates code text amendments, Stop work orders, definitions, and subdivision codes.

The meeting ended at 3:30 p.m.

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

______________________________
TIM BERTLING, Chairman
ATTEST:

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

Date:
Wednesday, January 17, 2024 – 09:30

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