Board Meeting Minutes August 14, 2023


Written by Laura Dallas

August 14, 2023

BOARD MEETING was called to order at 6:00 p.m. by Board Chairman Jim Osman. Other Board members present were Eric Paull, Bob Thurston, Cliff Sires and Larry Ellis. Employees present were Colleen Johnson, Tanner Weisgram, and Laura Dallas. Public in attendance were Paul (David) Cox, Jennifer Ekstrom from the Idaho Conservation League, Larry Hoffman, and Brett Converse, JUB.


  • 6:15 pm – Brett Converse, JUB (via zoom)
  • 6:30 pm – Brian Werst, Witherspoon Brajcich McPhee and Tanya Lawless, partner Kutak Rock, LLP      Bond Council (via zoom)
  • 7:00 pm – David Cox, property owner of 477542 Hwy 95, Ponderay
  • 7:15 pm – Larry Hoffman and guests, follow-up to article in Reader

ADDITIONS TO AGENDA: Less than 48 hours prior to meeting

Minutes:  Minutes from the July Board meeting were approved as presented.

Financial Statements:  Financials as presented were approved.

Maintenance Report:  Maintenance Report was approved as submitted. Tanner discussed the shared project with City of Ponderay.  The City is repaving Oak Street and assisting with the replacement of laterals from the main to the property line. There were 19 old lines replaced and 3 new lines ones added. The District assisted with overseeing the installations. The rerouting of the Bonner Mall Sewer Main Extension should be complete by the end of this month.


  1. Brett Converse of JUB addressed the Board. Continuing to work on funding for the plant project. The District will need to pick which project they are going forward with prior to Bond Election. Once decided upon, specifics will need to be presented for the use of the monies. Brett suggested forming a sub- committee with staff and 2 Board members for researching projects. The proposed golf course in Ponderay is still under discussion with the City. WAG should be finished with their review of the Boyer Slough by the end of 2023 which will give the District additional information for pursuing projects that are under consideration for meeting new DEQ requirements.
  2. Brian Werst introduced Tanya Lawless with Kutak Rock, LLP. Brian encouraged the Board to engage Kutak Rock, LLP to represent the District for incurring debt. The District has several options including grants, loans and bonds for funding the necessary future upgrades to the plant per DEQ requirements. Several options were discussed. Her firm would represent the District through whatever option the Board decides to pursue. Tanya will have an engagement letter for review at the August 28th meeting. No action was taken.



  1. David Cox addressed the Board regarding his commercial property located at 477542 Hwy 95 N, Ponderay. He would like to annex into the District or at least connect to the District’s main line. The property is currently on a functioning septic system. There was some confusion as to whether his property was inside the District boundaries. The District researched the status of his property, and it was discovered that his property was not in the District but just adjacent.  If his property is within 200’ of the main line a connection could be feasible. After some discussion the Board decided to table any decision until there is more information as to the direction that the plant will be going before adding flow from outside of the District.
  2. Larry and Patricia Hoffman addressed the Board. They have property in Seven Sisters.  They expressed their concerns to the Board regarding the high phosphorus level (per the article published in the Reader) being released into the lake and used their past experience living near Lake Erie as a case in point.  They asked the Board to place a moratorium on future connections until projects for the plant expansion are completed.  The Board addressed the phosphorus level that District discharges and the level is below the DEQ requirements.  The article was incorrect in their statement.
    The Board thanked them for their input.  Jim assured them that the Board has nothing but the best interest in the quality of the lake.  The Board Members all live within the District and enjoy the beauty of the lake as well.
  3. The letter that the District received from Pat & Jim Ramsey was not related to KPSD but rather to the developer of the Cove of Whiskey Jack. Jennifer Ekstrom asked what the letter was about.  The Board informed those in attendance that it was in regard to The Cove at Whiskey Jack development that was denuded of trees and ground pants along the Boyer Slough, as well as an incident involving the developer that knocked out the homeowner association main sewer line.
  4. Jennifer Ekstrom with the Idaho Conservation League asked to address the Board regarding the article she wrote for the Reader and again asked that the Board place a moratorium on new connections. She stated that the slough has floating nuisance matter. When asked what she meant she said that the slough was polluted. The matter that she is referring to has nothing to do with the District as the District has not discharged effluent into the Slough since June. Jim corrected Jennifer several times regarding her usage of the term “sewage”. The District discharges treated effluent not “sewage”. Jim also stated that the article she had written was untrue and slanderous toward the District as the article stated that the District was discharging sewage and the article also referred to a phosphorus level that far exceeds the level of the effluent from the District.
    Jennifer stated that the article was a generalized article. She would like to work with the Board to meet compliance with DEQ and stay within regulations.  No discussion ensued and no Action was taken by the Board.
  5. The amount of delinquent accounts that the District turned over to the Tax Roll this year is down from previous years. The turnover was less than $40,000.00.
  6. Final Audit for fiscal year 2022-2023 was received from D-mt. The usual considerations were noted. Those considerations noting that the District has a minimal office staff for segregation of duties. Although no negatives were noted. Eric moved to accept the final audit as presented. Bob seconded the motion.  All in favor.
  7. Bob moved to forego the reading of Resolution 05-2023 for acceptance of a revised Private RV dump site form. Larry seconded. All in favor. After general discussion. The Board decided to table this discussion until further information is available. No Action was taken.
  8. The Board reviewed the plans for the proposed City of Ponderay Park that will be located lakeside. The property currently has one New User Facility Fee only.  Additional New User Facility Fees will need to be purchased after the plans are sized for usage. 


APPLICATIONS and UPDATES: (ACTION) All were accepted.

  1. Residential Shop-Mudroom Application/Restriction, 208 Humbird, Brian Berger
  2. Single-Family Residence Sewer Service Connection Request, 222 Bittany Loop, Jake Humble
  3. Single-Family Residence Sewer Service Connection Request, 224 Bittany Loop, Jake Humble
  4. Single-Family Residence Sewer Service Connection Request, 454 Whiskey Jack Cir., Desa Story

Motion by Cliff to adjourn meeting.  Larry seconded the motion.  Motioned adjourned at 7:45 pm.

Signed:  Laura Dallas, District Clerk

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