Board Meeting Minutes December 12, 2023


Written by Laura Dallas

December 12, 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, Larry Ellis, and Cliff Sires. Employees present were Colleen Johnson, Eric Hanson, Rebekah Zwygart, and Laura Dallas. The public in attendance was Brett Converse with JUB, Jeremy Dunn with Remax Realty, Garry Schickedanz with Providence Park Subdivision, David Phillips (homeowner), Karissa Huntsman with the Idaho Conservation League and Mark Johnson.


  • 6:00 pm – Brian Werst, District Legal Counsel was not in attendance
  • 6:15 pm – Brett Converse, JUB
  • 6:30 pm – Jeremy Dunn, Remax Realty, Regarding Providence Park Subdivision
  • 6:45 pm – Regina Hammack, 202 W. 1st Street, Kootenai

ADDITIONS TO AGENDA: Less than 48 hours prior to meeting

Minutes:  Minutes from the November Board meeting were approved.

Financial Statements:  Financials as presented were approved.

Maintenance Report:  Maintenance Report was approved as submitted.


  1. Brett addressed the Board regarding Grant updates. The Matching Grant has been approved and was presented to Jim for signing. Brett will send to DEQ. The bulk of the monies received will not be used until Spring when final plans are due. If the option of the mechanical plant is agreed upon the District may need to have a person with a different license classification for operating the mechanical plant. The actual Grant and loans will be updated in March 2024.
  2. The only agency review request that was received since November’s meeting was for the industrial units on lots 4 and 5 on Hawthorne Avenue within Lew’s Industrial Park. The plan is for two buildings with 5 plumbed units each. One building on each lot with each lot already having one New User Facility Fee in place for each building. The District historically has sized these types of units at .25 ER per unit. This puts them over 1 New User Facility Fee.  The Board agreed that since partial NUFFs are no longer issued the units would be sized at 2 NUFFs. The meter reads will be monitored and if they stay under 1 NUFF they can always ask for a refund.
  3. The Promissory Note for the purchase of additional New User Facility Fees for the Laundromat has been finalized and signed by both Tenant and Property Owner. The promissory note was signed by the Board Secretary, Bob Thurston, and will be recorded.
  4. The Board discussed adding wording to the regular monthly agenda allowing for public statements, and Board reminders/updates. Public statements would be restricted to statements only and not allow for Board discussion as they would not have been posted as Board items on the agenda. Several sample wordings were presented. Colleen will review and present a draft of wording for Board approval at January’s meeting.



  1. Jeremy Dunn addressed the Board on behalf of the Providence Park Subdivision (116 Homes). Providence Park Subdivision would like to bond this project. Bonner County allows lots to be sold if the project is completely bonded at 150% of the projected cost of the project. This bond would be between the County and the developer, not KPSD. KPSD bonds only the SME and only at the discretion of the Board. Colleen relayed the District’s legal counsel’s concerns that allowing building permit applications to be signed by the District without infrastructure fully in place could leave the District in a liability situation should the infrastructure not be completed. If a bond was in place the District would become responsible for completing the infrastructure and costs could change. The Board discussed the possibility of the subdivision selling lots to buyers; but not allowing the building permit phase until infrastructure is complete and approved in the usual manner. The Board was also concerned with home builders interfering with infrastructure contractors if building was permitted. Eric moved to table the discussion until the January meeting when the District’s legal counsel can be present.  Bob seconded the motion.  All in favor.
  2. Regina Hammack, is the seller of 202 W. 1st Street, Kootenai. She addressed the Board regarding the number of New User Facility Fees that are currently on her Triplex. The Triplex has one NUFF assigned to it.  It is currently using 1.78 ERs, per their metered water reads. The District is requiring that the Triplex have at least 2 ERs (NUFFs) to cover their actual use.  (Traditionally Triplexes would be sized at time of connection at 3 NUFFs.) This triplex has changed uses and was never required to purchase additional until now, at time of sale.  The additional need for purchasing NUFFs was disclosed in August to the Realtor and then again in Title.  The property in question closed escrow and seller complied with the additional purchase of the NUFF; however, would like to have it refunded as was never told previously.  After discussion it was decided that disclosure was made and that the Board was not going to make a motion to change the assessment of the 2 NUFF required
  3. The agreement that had been sent to legal for review regarding payment of new user facility fee balances for Providence Park was reviewed. Removed one line as it was confusing.  Ready to send to development owners.  No further action was taken.


APPLICATIONS and UPDATES: (ACTION)   – Approved and Signed by Board

  1. Commercial-Industrial Sewer Service, 100 Tibbets, 2nd small building, Family Pet Urgent Care


EXECUTIVE SESSION §72-206 (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.

Eric moved to go into Executive Session and Bob Seconded at 7:06 p.m.

Roll Call:  Eric – Yes  Bob – Yes  Jim – Yes Larry – Yes  Cliff – Yes

Bob moved to come out of Executive Session and Larry Seconded at 7:47 p.m.

Roll Call:  Eric – Yes  Bob – Yes  Jim – Yes Larry – Yes  Cliff – Yes

Discussion of wage increases & bonuses as determined by the Board per individual employees.

Larry moved to approve the wage increases and bonuses as determined by the Board in Executive Session.  Bob Seconded the motion.

Roll Call:  Eric – Yes  Bob – Yes  Jim – Yes Larry – Yes  Cliff – Yes

Cliff moved to adjourn the meeting at 7:48 p.m. and Larry seconded the motion.  All in favor.

Meeting adjourned at 7:48 p.m.

Executive Session Notes:  Jim Osman, Board Chairman

Meeting Notes:  Laura Dallas, District Clerk

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