***Monday, February 13, 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 gave the opening invocation and said the Pledge of Allegiance.
9:30 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone to update them on various matters he’s working on to include Tim Tucker’s request for a partial abandonment and waiting on the State of Idaho regarding the Garvin Williams issue.
9:30 a.m., Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.
Attorney Hull and Commissioners also briefly discussed the status of Olivia Garrison’s request for a lease to create a community garden, the LaBrosse Hill easement, memorandums of understanding regarding Boundary County’s IT Director, plowing snow for the Curley Creek Fire Department, North Bench Fire Department and the need to hire an appraiser to determine fair market value of the property their fire station sits on, the county explaining the constraints it is under and informing North Bench Fire Department of the funds needed, and adopting a resolution transferring ARPA funds from a trust account to a regular line item.
The call to Attorney Hull ended at 9:39 a.m.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 81,259.36
Road & Bridge 247,137.62
Airport 4,844.74
District Court 8,999.43
Fair, County 57,150.00
Justice Fund 56,313.08
911 Funds 3,699.34
Health District 27,035.25
Parks and Recreation 1,562.33
Revaluation 1,515.96
Solid Waste 33,185.42
Tort 607.62
Veterans Memorial 113.57
Weeds 3,064.49
Restorium 37,407.27
Waterways 1,185.12
Grant, Airport 125,085.53
ARPA Fund 8,026.05
TOTAL $698,192.18
Trusts
Auditor’s Trust – *Misc 1,132.21
Boundary Co. Drug Court Trust 96.36
Sales Tax Collected 798.66
Driver’s License Trust 11,662.00
Interlock Device Fund 20.00
Motor Vehicle Trust Acct 276,330.35
Sheriff’s Trust Fund 560.10
Sheriff’s Special Projects 195.95
ARPA Trust Fund 0.00
Odyssey Court Trust Account 80,379.55
Odyssey Bond Trust Account 1,075.00
Odyssey Restitution Trust Acct 17,392.80
TOTAL $389,642.98
GRAND TOTAL $1,087,835.16
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 and sign the Private Road Name form for Rut Road. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2023-26. A resolution of Boundary County, Idaho Board of County Commissioners Appointment of William “Bill” Benage to the Boundary County Planning and Zoning Commission. Commissioner Robertson second. Motion passed unanimously. Resolution 2023-26 reads as follows:
Boundary County, Idaho Resolution 2023- 26
A RESOLUTION OF BOUNDARY COUNTY, IDAHO BOARD OF COUNTY COMMISSIONERS
APPOINTMENT OF WILLIAM “BILL” BENAGE
TO THE BOUNDARY COUNTY PLANNING AND ZONING COMMISSION
WHEREAS, Idaho Code §67-6504(a) and Boundary County Land Use Ordinance 9B18LOV2 Section 3.6.3 provide the authority for the appointment and reappointment of members to the Boundary County Planning and Zoning Commission; and
WHEREAS, a vacancy exists on the Boundary County Planning and Zoning Commission with the expiration of the term for Tim Heenan on January 1, 2023; and
WHEREAS, Idaho Code §67-6504(a) provides the authority for the Chairman of the Board of Commissioners to appoint members to the Planning and Zoning Commission, subject to confirmation by a majority vote of the Boundary County Board of Commissioners; and
WHEREAS, following its January 26, 2023, regular meeting, the Boundary County Planning and Zoning Commission recommended to the Board of County Commissioners appointment of William “Bill” Benage, who meets the eligibility requirements of Idaho Code and Boundary County land use codes to serve; and
WHEREAS, Mr. Benage would be serving a first term on the Planning and Zoning Commission; and
WHEREAS, the Board of County Commissioners concurs with the recommendations from the Boundary County Planning and Zoning Commission and Chairman of the Board of County Commissioners to appoint William “Bill” Benage to serve a four-year term on the Boundary County Planning and Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED by the members of the Board of County Commissioners of the County of Boundary, Idaho, that William “Bill” Benage be appointed to a four-year term on the Boundary County Planning and Zoning Commission beginning immediately and ending January 1, 2027.
This resolution shall be in full force from the date of its adoption.
Upon a motion to adopt the text of the foregoing Resolution made by Commissioner Cossairt and seconded by Commissioner Robertson, the foregoing was duly enacted as a Resolution of the Board of County Commissioners of Boundary County, Idaho, on the 13th day of February, 2023.
BOUNDARY COUNTY BOARD OF COMMISSIONERS
Tim Bertling, Chairman Yes
Wally Cossairt, Commissioner Yes
Ben Robertson, Commissioner Yes
BOUNDARY COUNTY BOARD OF COMMISSIONERS
s/
Tim Bertling, Chairman
s/
Wally Cossairt, Commissioner
s/
Ben Robertson, Commissioner
ATTEST:
s/____________________________ 2/13/2023
Glenda Poston Date
Boundary County Clerk/Auditor/Recorder
Recorded as instrument #293686
Commissioner Cossairt moved to approve and sign the plat map for Steve Wilkinson for the replat of Lot 5, Block 1 for the Meadows at Fall Creek, 1st Addition. Commissioner Robertson second. Motion passed unanimously.
10:00 a.m., The Boundary County Ambulance Service District Governing Board meeting was cancelled since the meeting agenda had not been posted in time.
Commissioners recessed until their next meeting at 10:30 a.m.
10:20 a.m., Dave Wenk joined the meeting.
10:30 a.m., Eric Sjoquist, Ken Homik, Jason Wilkerson, and Andrew Moore with the Idaho Department of Lands (IDL) joined the meeting to discuss IDL’s land acquisition and recreational access. Mr. Sjoquist reviewed various IDL programs to include the landlord policy on recreation, endowment management, fire, and FY2024 endowment distributions.
Mr. Sjoquist said IDL’s mission is to professionally and productively manage its endowment trusts. IDL has 22 permanent staff members in the area and they have 30 seasonal staff members, who are mostly fire fighters. Mr. Sjoquist referred to a map and explained that they were areas that IDL has acquired, such as a strip of land west of Westside Road, north of Dawson Lake, west of Samuels as well as land in the hoodoos. IDL owns approximately 40 to 60 acres in Bayview and all of these pieces are fantastic timber ground. The Ball Creek parcel is in a conservation easement with The Nature Conservancy and there may be some restrictions as to how much and often IDL can access that property. Mr. Sjoquist said west of McArthur Lake is a conservation easement that is the most restrictive. When IDL manages recreation, a conservation easement can be modified so it conforms with the recreation policy. Mr. Sjoquist explained that Chad Ramsey is the supervisor for the endowment lands. The largest endowment is the public schools. For fiscal year 2023-2024 the statement was over $100,000,000.00 and that is dispersed by the Department of Education. There are 107,000 acres of endowment land in the Pend Oreille Lake Area. The land is providing 35 million board feet per year. Those present reviewed information received from Mr. Sjoquist. Mr. Sjoquist spoke of the total miles of road in the endowment lands since 2017. Chairman Bertling said he would like to get IDL and Stimson Lumber Company to talk about the main road. The Sheriff’s Office has an agreement with the Forest Service to patrol campgrounds, but if it was opened up so the Sheriff’s Office could patrol the main road, it could be a win-win. Mr. Sjoquist said enforcement is a gray area so IDL is asking for an opinion from the attorney general. IDL also sells firewood permits and the public is able to have two free Christmas trees per year off of IDL land. IDL also works with disperse camping limits, and policies for huckleberry picking. Anything more than five gallons of huckleberries requires a permit. Chairman Bertling briefly commented on working toward getting ATV trails.
Mr. Wilkerson discussed fire management with Commissioners and he explained helping support endowments. Fire suppression falls under the Idaho Forestry Act. There are 30 primary staff members, including seasonal staff for both Boundary County and Sandpoint so that number is split in half. Mr. Wilkerson listed fire apparatus for each location and the amount of acreage of protection between the two counties. Mr. Wilkerson also discussed fire management and control, managing the burn permit process, fire prevention, working with fire departments, to include funding grants that help fire departments purchase wildland fire gear, conducting wildfire home evaluations, having a booth at the fair, the smoke detector program, and being involved in the Wildland Urban Interface, Boundary County Fire Chief’s Association, and Local Emergency Planning Committee groups. Mr. Homik said there is good cooperation across the Boundary/Bonner County line.
Mr. Homik introduced himself as the private forestry supervisor from the Kootenai County area and north of there. One program is administration of the Forest Practices Act and the other is landowner assistance. Mr. Homik spoke of requirements when harvesting timber and he mentioned having the Forest Practices Act, which includes helping to keep mud out of creeks and keeping good forest practices and harvest activity. The numerous audits show that IDL is doing well in protecting water sources, etc. There are 489 to 500 active forest practice notifications, which can last a couple of years. On average for the Kootenai Valley harvest, there is 15 to 20 million board feet on private grounds and 1/3 is industrial and the other 2/3 is private non-industrial land. Mr. Homik spoke of landowner’s assistance, addressing tree health, working with the Boundary Soil Conservation District, Natural Resource Conservation Service, and Fire Safe Program. IDL tries to push forestry education and they encourage University of Idaho for forestry programs.
Mr. Moore works in the Good Neighbor Authority program for Bonner County and Boundary County. The north zone is where the primary projects are and revenue is coming from. The program is self-funded so revenue comes off of a timber sale and goes into an account for forest restoration projects. Revenue is being generated and used for a variety of different projects. The Forest Service is using IDL for 97% of road maintenance projects this year, such as blading, brushing and decommissioning roads for grizzly bear. Most road projects are in the Bonners Ferry District. The Black Boulder Good Neighbor Authority sale has been going on for a couple of years up Twenty Mile and it should be done this summer. This sale consists of approximately five million board feet. To get a timber sale it has to be a National Environmental Policy Act (NEPA)-cleared area, unless it is roadside salvage or insect infested, etc. IDL is getting approximately two direct sales per year, which is fire and roadside salvage. The NEPA process is where the bottleneck in projects occur, according to Mr. Moore. After the Black Boulder project is finished, this work will probably move back down to Bonner County.
Those present discussed trying to sustain revenue into the future for managing the forest as well as discussed species-specific sales.
Mr. Wenk mentioned boulders being placed at Dodge Peak and how people recreating need to get around them.
The meeting with Mr. Sjoquist, Mr. Homik, Mr. Wilkerson and Mr. Moore ended at 11:30 a.m.
11:30 a.m., Kootenai Tribe of Idaho Administrative Director/Kootenai Valley Resource Initiative (KVRI) Facilitator Theresa Wheat joined the meeting. Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting via conference call. The purpose of the meeting is to provide an update on Forest Service and KVRI matters.
Mr. Knauth spoke of continued logging activity. The Forest Service is hiring seasonal staff and they’re also helping southeast states during their burning season. The Forest Service wants to get burn plans and priorities in place in relation to logging units, etc. The statewide master agreement with IDL has been changed and it talks about how they work as partners. Mr. Knauth commented on issues involving mushroom and huckleberry pickers and how it can become a very big law enforcement challenge. The Forest Service does understand where the mushroom activity is to occur, but there is limited access to those sites, especially for those who don’t want to walk. It may be that prime mushroom picking season is over before the roads can be made safe. Commissioner Bertling mentioned having port-o-potties set up near the areas where people park and Mr. Knauth said it’s something the Forest Service could look into. The Forest Service is not entertaining any kind of commercial permit process. Mr. Knauth said Forest Supervisor Carl Petrick is hearing from those who want to revisit salvage opportunities within the fire area and Mr. Knauth listed his concerns with that.
Mr. Knauth wants to set up an evening meeting involving the Forest Service and IDL to discuss fires. Ms. Wheat asked if that meeting could be tied in with the Forestry Subcommittee meeting.
Ms. Wheat reviewed this evening’s KVRI meeting topics and she said the focus is on the history of KVRI. Subcommittees of KVRI include the grizzly bear subcommittee, total maximum daily load (TMDL) committee, and the Forestry Committee.
The meeting with Ms. Wheat and Mr. Knauth ended at 11:58 a.m.
Commissioners recessed for lunch.
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., 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 listed in the report.
Ms. Nelson spoke of meeting with Shawn Young, who is working on a habitat restoration project with the Wildlife Refuge along the refuge property. Ms. Nelson spoke of needing to determine if there are any affects to the portion of the Riverside Road Improvement Project in the refuge area. The project is a water habitat project, but we don’t want water on the road.
Ms. Nelson provided Commissioners with the GEO Local Road Mileage Report and explained that the Highway Distribution Account is based on this information. Corrections were made for actual surface types and length of roads since roads were either not shown or were shown in the wrong location, along with prior map corrections. Ms. Nelson reported on the number of road miles being 337 miles. There are 178.33 of hard surface road miles, 158.73 gravel road miles and a total of 674 lane miles.
Commissioner Cossairt moved to sign the 2022 Idaho Transportation GEO Local Mileage Report. Commissioner Robertson second. Motion passed unanimously.
Chairman Bertling asked if Road and Bridge would have time to widen a certain portion of Smith Lake Road before next winter. Ms. Nelson will look into having a plan engineered for that area.
County Civil Attorney Tevis Hull joined the meeting via conference call.
The meeting with Ms. Nelson and Mr. Morris ended at 2:05 p.m.
2:05 p.m., 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 2:30 p.m. No action was taken.
Attorney Hull ended his call at 2:30 p.m.
2:45 p.m., There being no further business, the meetings recessed until tomorrow at 9:30 a.m.
***Tuesday, February 14, 2023, at 9:30 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.
9:10 a.m., Attorney Eric Anderson, representing property owner Dan DeHart, joined the meeting for the discussion set for 9:30 a.m.
9:30 a.m., County Civil Attorney Tevis Hull joined the meeting to discuss the matter regarding the DeHart property near the airport. Attorney Hull said last year Attorney Anderson represented Mr. DeHart regarding the development of property south of the airport. Mr. DeHart wants to develop his property, but access to this property is an issue. Attorney Hull explained that he consulted Gary Gates with the Federal Aviation Administration (FAA) to ask if Mr. DeHart could gain access over a piece of county property for a 25-foot easement and the FAA’s response was that due to the grants the county has had through the FAA, it would take years to process and it would be almost impossible.
Planning and Zoning Administrator Clare Marley joined the meeting at 9:31 a.m.
Attorney Hull said an alternative was found that would not involve the county’s property. Mr. DeHart would like to give the county a little sliver of his property that is a part of the airport overlay so it would take this part of the DeHart property completely out of the overlay. Access to water through Three Mile Water District was also brought up as an issue. Attorney Hull asked Commissioners if they would consider signing a letter stating they won’t provide Mr. DeHart an easement to county property so Mr. DeHart can give that letter to the Three Mile Water District to work through.
Attorney Anderson spoke of the avigation easement and he said Point E, which is part of a conditional develop agreement states an avigation easement is needed for the tiny corner of the property totaling approximately 1/100th of an acre. Those present reviewed a sketch of the area. Mr. DeHart wouldn’t need to worry about an avigation easement for the FAA From Sunrise Road. Mr. DeHart has a 40-foot easement between county property to the west and the Clark’s private property to the right. Three Mile Water District’s rules indicate the easement cannot be used for access and utilities if they’re running a line, unless it’s a main line. There will never be development south of the DeHart property. If we go forth and make a good faith effort to go to the county and Mr. DeHart to try and buy the land fee simple rather than easement, and it didn’t work out, Three Mile Water Association would grant a variance. The Clarks also don’t want to sell a piece of land to Mr. DeHart. Attorney Hull said this doesn’t affect the county at all; it’s just saying Commissioners are not going to sell county property. The county will end up with the small piece, which gets Mr. DeHart out of the easement issue and the overlay covers it so it’s a win win.
Ms. Marley questioned needing to make a modification to the conditions in the Planning and Zoning file.
Attorney Anderson left the meeting at 9:39 a.m.
The meeting with Attorney Hull ended at 9:42 a.m.
10:00 a.m., Planning & Zoning Administrator Clare Marley joined the meeting to discuss Planning and Zoning matters.
Ms. Marley explained that she wanted to go over what Planning and Zoning is going to work on for the ordinance updates as well as address Joseph Bushnell’s comments.
Ms. Marley briefly reviewed the Planning and Zoning Commission’s meeting agenda for February 23, 2023. Planning and Zoning will address ordinance discussion points to include accessory dwelling units, and she referenced the Struggle Bear application. Planning and Zoning is getting close to defining what a dwelling is. Current code says an accessory dwelling unit (ADU) can be placed on the property with the main house as long as it’s no larger than 1,050 square feet and it’s detached. A member of the public is asking for reconsideration so an ADU can be allowed under one roof. Ms. Marley said a lot of communities allow in-house apartments as long as the apartment is under a certain size. The Planning and Zoning Commission will also address subdivision law. Ms. Marley mentioned that she contacted surveyors Steve Moyer and Dick Staples about this. The county has 11 different ways to divide land right now. Three of the four hearings held last week could have been addressed administratively and not require a hearing so the hope is to address subdivisions and bring those together. Property design will also be discussed. Ms. Marley said it was good to hear about Three Mile Water District addressing variances since they do want all lands to touch a public road. Boundary County is seeing some really funny shaped designs to achieve that connection for Three Mile Water.
Commissioner Bertling said he doesn’t have an issue with an ADU being under one roof. Ms. Marley commented that the water districts had concerns regarding water service and would maybe require a separate water meter.
Ms. Marley said she also wanted to respond to the comments Joseph Bushnell made during a prior Commissioner meeting. Ms. Marley referred to the application process to include making notes of overlay districts. There are four overlay zones and they’re listed in Section 16 in the ordinance. The mention of overlay zones has been included in the application for a long time. As it relates to the airport, Planning and Zoning relies on maps from the airport overlay ordinance and there is a map that shows the parcels under this overlay. When this overlay information is noticed, they will send it to Airport Manager Dave Parker to evaluate the information for Ms. Marley. Mr. Parker will inform her of what the requirements are when developing in the airport overlay. Ms. Marley showed Commissioners the form for a placement permit submitted by Mr. Mellinger and she said there is a certain form pertaining to height requirements. Ms. Marley explained that she is concerned about Mr. Bushnell’s comment about Planning and Zoning requiring overlay information for all areas of the county as that is not the case. Another comment made was that Planning and Zoning is making it so land cannot be divided, but county code sets the criteria. People may hear that Planning and Zoning is saying no, but that is because the county’s code won’t allow it.
10:21 a.m., Personnel Director Pam Barton joined the meeting.
The meeting with Ms. Marley ended at 10:25 a.m.
Those present discussed matters pertaining to sick leave.
Ms. Barton said the Classification Committee met to review the maintenance assistant position for the Courthouse. This position was a grade 7 and it was a part-time position. It was regraded and it rated at a grade 4. Last year the Classification Committee regraded a maintenance position for the Parks and Recreation Department and the Restorium. The Parks and Recreation maintenance position doesn’t have a supervisor directly over them so they would have to make decisions on their own and that provides for higher scores. There is also the Restorium maintenance position, but that includes health variables. The new grade for the maintenance assistant position equates to $13.03 per hour.
10:50 a.m., Airport Manager Dave Parker and Airport Board members Jay Wages, Rick Durden, Don Jordan, and Pat Gardiner, and Trey Dail with Ardurra Engineering joined the meeting.
Commissioners continued their discussion of the maintenance assistant position. Chairman Bertling spoke of keeping the wage for this position at the current amount and making it a full-time position. Commissioner Cossairt said he would like to have this position for the Courthouse, Restorium and Parks and Recreation.
Commissioner Cossairt moved to maintain the Courthouse Assistant position at a grade 7. Commissioner Robertson second. Motion passed unanimously.
Ms. Barton left the meeting.
11:00 a.m., Mr. Parker provided introductions of the present Airport Board members and Mr. Dail. Mr. Parker showed Commissioners a Power Point presentation on the airport to include: the area of property experiencing sloughing, where sink holes have been filled in, and the 4,000-foot runway with a parallel runway. Mr. Parker said there were 14 buildings when he took over as airport manager and now there are 40. The private property next to the airport has a fence that is too close to the runway so it would be beneficial to have it relocated. The airport has a perimeter road to the east side. Mr. Parker pointed out an area of land the county uses and it may need to purchase a particular avigation easement on a piece of property that has a house on it. Mr. Parker showed slides of various uses of the airport, such as emergency medical uses, a fire season aerial for 2022, the various companies that have hangars. Boundary County’s airport is the best-equipped flight school in north Idaho and possibly the northwest. Northern Air has trained over 300 people to fly at this airport and eagle flights and school tours are offered. EAA scholarships are awarded, the airport holds pancake breakfasts, has purchased fuel tanks with grants, Northern Air provides courtesy cars for visitors, and does maintenance work. Mr. Durden said the shop at the airport is becoming well known as we’re seeing people from Spokane. Mr. Parker showed Commissioners a slide of a plane that was provided to Papua New Guinea for assistance. Mr. Parker spoke of doing wildlife work and providing scenic flights.
A slide of the airport property was shown depicting the Dinning property the county purchased with federal money and Mr. Parker pointed out other areas that are issues. In the future, if the airport is to be shifted 700 feet, it will do away with those issues. Mr. Parker said the plan is to extend the useful length of the runway. The county’s runway is 1,500-feet shorter than Sandpoint Airport’s runway and it’s one of the shorter runways in the area. Clerk Poston asked if the county already owns the land where the airport plans to extend the runway. Mr. Parker said yes and he explained the reason needed to redirect the angle of the runway.
Mr. Parker pointed out the location of the North Bench Fire Department that sits on county property in relation to the airport. The county can rent out this land as long as the funds go back into the airport pool, but the process first has to go through the fair market process. Mr. Gardiner said it’s his understanding the fire hall was placed in that location without Federal Aviation Administration (FAA) approval. Mr. Gardiner said the airport also obtained water rights from the purchase of the Merrifield and Dinning properties. With the expansion of the runway it will allow for commuter/on demand charter planes for travel. Mr. Durden said a lot of the newer jets are quieter than propeller planes. Mr. Parker said the airport can use federal funds to build taxiways, but not roads. The school bus turnaround can be an issue. Mr. Parker reviewed the exhibit for the fiscal year 2022-2026 Capital Improvement Plan and total costs. The design phase of a runway expansion is planned for 2025 with actual expansion planned for 2026. Chairman Bertling said with local fires, will Mr. Parker limit the area of hangars to allow for aircraft parking. Mr. Parker mentioned there is currently enough space. A slide of the newer snow removal equipment building and equipment was shown.
Mr. Jordan spoke of the all improvements made to the airport costing a total of $8,000,000.00, but that cost was through FAA grants, not taxpayer funds. Mr. Durden spoke of towns that have 20,000 or less people and the towns of this size that don’t have an airport are losing their population. Mr. Parker provided Commissioners with articles written about the airport.
The meeting regarding the airport ended at 12:15 p.m.
Commissioner Cossairt moved to approve and sign the Findings and Decision for Planning and Zoning File #23-0017 for the Johnson plat amendment-amended plat of Pinetop Subdivision. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve and sign the Findings and Decision for Planning and Zoning File #23-0016 for Graber/Byler lot line adjustment – replat of Lot 1, 3 and 4 of the Graber Subdivision. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve and sign the Findings and Decision for Planning and Zoning File 22-0051 for the Wheatley rural subdivision-Fawn Country Estates. Commissioner Robertson second. Motion passed unanimously.
Commissioner Cossairt moved to approve and sign the Findings and Decision for Planning and Zoning File #23-0028 for the Virginel and Viorica Lapadat Subdivision. Commissioner Robertson second. Motion passed unanimously.
Commissioners recessed for lunch at 12:20 p.m.
1:30 p.m., Commissioners continued their public hearing for Road and Bridge Variance Application #4-2023. This is a request for a variance to Road Standards Ordinance 2020-2 as it pertains to an approach. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Applicant Jennifer Nylander with HSC, Selena Kennedy, Gail Thompson, Bob Kennedy, Patricia Quail, Cameron Smith, Adrienne Norris, David Sims, Jim Cadnum, Darlene Schneider, Bonners Ferry Herald Staff Writer Emily Bonsant, Trevor Schneider, Darrell Kerby, Kyle Harris, Stephanie Harris, Dan Harris, and Nadine Sulier, Teresa Sykes, Mike Sykes, Kennon McClintock, and Tatiana Ojermark. Participating via conference call was Paul Marcinko with Jade Consulting. The hearing was recorded.
Chairman Bertling explained that what Commissioners are addressing is the road variance request to the county road standards ordinance. Chairman Bertling gave a statement about his election campaign sign being placed on Applicant James Byler’s property in relation to comments about conflicts of interest.
Chairman Bertling reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Ms. Nelson provided a staff report and explained that the prior variance hearing was continued to today so the applicant could provide a 3D drawing of the site and to see if the southern approach could be relocated. The applicant has provided a narrative and a few pages of 3D drawings. Ms. Nelson said Road and Bridge did receive one additional comment urging support for whatever the variance requires in order to allow development of the retail store on Homestead Loop. Other comments were regarding the business, but this hearing is not considering that, according to Ms. Nelson.
Applicant Jennifer Nylander introduced herself and explained that she represents the developer in this project and that her company is the preferred developer for Tractor Supply Store. Ms. Nylander said her company has been working to have Bonners Ferry as a site since 2017, and both Tractor Supply Store and HSL Development settled on this site for reasons pertaining to access to the highway. The store will have a 19,200 square foot building and off to the side is an outdoor display yard for larger implements that cannot be stored inside. An explanation was given for the flow of the loading area. The store will have an outdoor storage area and a trailer and equipment display area that is not a part of the parking lot. This area is only for the large equipment display that customers can see before placing an order. There are two access drives off of Homestead Loop and the south access was moved 15 feet. Landscaping will be increased along the northern property boundary and the project will include stop signs.
Ms. Nylander referred to the 3D slide for elevations, the store, outdoor fencing, sidewalk display yards, and landscaping. She pointed out the view of the site if someone was driving north on Homestead Loop and a view looking south. Commissioners had no questions.
Commissioners opened the hearing to public testimony. No one spoke in favor to the application. Commissioners asked for comments from those uncommitted to the application. Ms. Norris asked who submitted the written comment. Chairman Bertling said the statement was submitted by Chris Wheeler from Moyie Springs. Ms. Norris questioned if Mr. Wheeler was a family member of the Bylers and Chairman Bertling said Mr. Wheeler was not a family member. Ms. Norris asked if there is adequate space to back a vehicle and trailer to avoid hitting the propane tank and are people who are loading and unloading in the area closest to the highway going to be backing into the main road that goes to the north end a future business in that area? Will that be a main traffic road? Ms. Norris asked about the trailers to the east side marked on the drawing in pink. Ms. Nylander said that was the permanent trailer parking display area. Ms. Norris asked if vehicles with trailers will pull into the main road to the north to that smaller parcel that hasn’t been sold yet. Ms. Nylander explained where the Tractor Supply Store’s access will stop. Ms. Norris commented about understanding the access will continue and Ms. Nylander said she cannot speak to what will happen in the future. Chairman Bertling said we’re dealing with the road variance, not the operations of the Tractor Supply Store. Ms. Norris asked if there will be vehicles with trailers pulling in and out of the area shown in turquoise on the diagram. Ms. Nylander pointed out the design for vehicles to pull in and around, adding that there will be safety measures and bollards around the property.
Gail Thompson said she lives near this area and she understands that this is about a specific variance. Ms. Thompson said there is going to be flood lights shining in her back yard and her neighbors’ yards and will disturb animals. Ms. Thompson added that lighting from across the highway is bad enough, but this is right in their yards and it bothers her. Ms. Thompson said she knows this is for a road variance, but what is Tractor Supply Store’s plans to mitigate that kind of disturbance in the neighborhood? Ms. Nylander explained the type of lighting to be used and she referred to it as a dark sky design that cannot go above a certain lumen. The lights will be contained to the parking lot and building; and will shine downward. Tractor Supply will also follow any local laws for lighting.
Speaking in opposition was Cameron Smith. Mr. Smith said he does feel Chairman Bertling has a conflict of interest in that Mr. Byler had Chairman Bertling’s campaign sign on his property two weeks before the application was made and he feels it’s an egregious conflict of interest.
Mr. Smith asked about traffic flow in and out of the property and he asked about tractor trailers turning into oncoming traffic when turning into the property to make deliveries. Mr. Marcinko responded and spoke of trucks entering and exiting and he said it’s likely they’re looking at an approach exhibit showing a worst-case scenario of truck operations in and out. Mr. Smith asked if incoming trucks have to turn into oncoming traffic before turning into the business to make deliveries, creating a safety issue for anyone coming down the road. This road is only one and one-half lanes. Mr. Marcinko said he would be happy to rerun that radius for the truck path in order to come into the site without doing that. Mr. Smith said for safety, it should be taken into account. Mr. Smith added that during winter this road is highly riddled with ice so you can only go down the road with one car. Mr. Smith asked about the Highway 95 variance and Ms. Nylander mentioned that Highway 95 was never an option. Mr. Smith questioned if that would affect their selection process in this being the ideal property. Ms. Nylander said no, there are many other factors that go into it. Ms. Nylander added that Mr. Smith keeps referring to multiple deliveries, but there is one delivery per week. Mr. Smith said that doesn’t matter. Ms. Nylander said it does matter as he’s inferring that there are multiple deliveries per week. Mr. Smith said Ms. Nylander is not operating the business, she’s only selling the land so he’s not certain if she has a full understanding of all of this. Mr. Smith reiterated the safety concerns with tractor trailers coming in since this road is not designed for the amount of traffic this will take in. Mr. Smith commented that he would like Chairman Bertling to not vote due to a conflict of interest.
Patricia Quail, 64 Heights Loop, said you cannot tell from this display if they’re asking for a north variance and a south variance and she asked for their locations. Ms. Nylander pointed out the approaches to Ms. Quail and explained that the south entrance is the main entrance. The approach created to the north had to be created for Mr. Byler’s property to have access to the road to meet Three Mile Water District’s requirements. Ms. Nylander explained where the body of the building and display yard ends and pointed out the access drive and flag lot, which is the lot connecting from Homestead Loop to Mr. Byler’s property. Ms. Nylander explained that Tractor Supply Store will dig a well for water service. Ms. Quail asked if the north entrance is only a courtesy entrance for the property owner. Ms. Nylander replied that is the only intent. Occasionally, the truck deliveries may be done at the north, but the main intent is for Mr. Byler’s access. Ms. Nylander pointed out the proposed increased landscaping instead of a fence to the north.
Kyle Harris commented that as a resident who uses Homestead Loop, he has concerns for pedestrian and bicycle safety. People frequently bike and walk Homestead Loop. This road is a simple rural two-lane road with a speed limit of 35 miles per hour (mph) and it is primarily traveled by residents who live in the area. This road has several blind intersections and dips leaving little time for drivers to slow down or stop for hazards. It’s not adequate for pedestrian traffic. If there is more high-speed traffic added to this road, it would be dangerous for all who travel on it, especially likely to prove fatal to pedestrians and bicyclists. If this store is built, traffic will increase and endanger the lives of people nearby. The increased danger with additional vehicles on this road will have a disproportionate effect for kids and people with disabilities who are less visible and mobile than other pedestrians. Mr. Harris said as a power wheelchair user, he can testify firsthand that he frequently encounters vehicles in the blind spots of the road until they’re about 200 feet from him, which allows little to no time for drivers to avoid hitting him. Allowing this business would only increase these hazardous encounters. Mr. Harris said he doesn’t speak against Tractor Supply Store existing in the Three Mile area as he feels it’s well suited for the area’s demographic and would provide great economic stimulation for the county, but Homestead Loop is not designed to handle this development and residents of this area shouldn’t have to be put at risk when going on a walk or bike ride so for these reasons he would wish for Commissioners to vote no to the Tractor Supply Store on Homestead Loop. Mr. Harris said as a person with a disability, he can attend to day to day challenges accessibility poses to the county so please don’t let those challenges turn into fatalities.
Michael Sykes, Heights Loop, questioned what is going to happen during breakup in the spring when weight limits are restricted on Homestead Loop? That doesn’t allow semi-trucks to travel down this road. What if semi-trucks come in at the light at the Three Mile intersection and drive down Moon Shadow Road and south on Homestead Loop as those roads have breakup limits? Ms. Nelson spoke of roads that have cement treated base (CTB) and Road and Bridge is extending limits of roads that are open and don’t require permits. Homestead Loop to Moon Shadow Road is one of those roads that has a CTB base. It could be that the trucks can go in and out. If Road and Bridge chooses to close the road, they do offer permits, as they do now. Most truck drivers contact Road and Bridge and abide by the weight limit, according to Ms. Nelson. Businesses still have to operate, but they would limit the direction trucks would go. It could be that trucks would be directed to only go via Homestead Loop and not Moon Shadow. Ms. Nelson said this road has the ability to be open to the store year-round. Ms. Nylander said drivers will typically be heading north and will not overshoot the exit to Homestead Loop. Chairman Bertling said he thinks Ms. Nelson addressed the road breakups. Commissioners won’t shut down a business and permits can be given.
Ms. Quail asked if a cement treated base would break up when bigger trucks come through. Ms. Nelson explained the make-up of CTB with chip seal over it. Ms. Nelson added they won’t end up with a broken road.
Ms. Norris said she’s neither for or against the application, but she wants it in the record that we need to look at the Comprehensive Plan. All of these concerns could’ve been addressed. She added that she understands this store wants to come here and that’s great. If we don’t prepare for more businesses coming in, we’ll be stuck with our tail between our legs with these problems. Chairman Bertling said we will be addressing that.
Stephanie Harris, Homestead Loop, reviewed her list of concerns to include increased traffic with a higher risk of accidents and congestion at an intersection that is one of the most dangerous in the area. Turning off of Highway 95 is already risky with people turning to go to the dump, going to Homestead Loop, and coming off of Highway 95. Ms. Harris inquired about traffic study findings. Mr. Marcinko said they do not have a traffic study since it was not required by the county. ITD also didn’t require a study and just said it’s an icy road and Tractor Supply Store cannot provide access from the highway so this site was shoe horned in there. Tractor Supply Store cannot get access from anywhere other than Homestead Loop. Ms. Harris said it’s concerning to hear that a study cannot be done because of the ice and more traffic is going to go there. Ms. Nylander commented that is not why they didn’t do a study; they were not required to do a traffic study. Mr. Marcinko apologized and said he had said ITD. Mr. Marcinko explained that ITD said with the high speed of the highway, they would not have access to the highway and the existing apron onto Highway 95 is going to be removed so they’re not allowed to use it to access the property.
Ms. Harris asked what the estimated increase in traffic will be when combined with the recently approved housing subdivision for 30 homes? Ms. Nylander said she couldn’t speak to the housing development; only the traffic generated for the Tractor Supply Store. The typical peak traffic is Saturday afternoons and late in the mornings during the week with about 35 cars. Ms. Harris asked Commissioners what we’re going to do when there are 30 more homes in relation to traffic on Homestead Loop? Chairman Bertling said access may need to be reworked and he added that those proposed new homes have another issue with water. Ms. Nelson said Homestead Loop is a minor collector and they’re designed to connect local roads with arterials and are designed for mobility at lower speeds in shorter distances than arterials. Arterials balance mobility with land access. Homestead Loop provides access to that side of the road, to Moon Shadow Road and side roads off of Moon Shadow and Hillcrest Road. This is a minor collector and as a county grows, it becomes the county’s responsibility to contact ITD to see if Homestead Loop needs to be reclassified as a major collector. The county cannot deny access to someone’s property. It was asked what the plan is to increase safety at Homestead Loop and the highway? Do we wait for the county to grow then look at putting in a traffic light? Chairman Bertling said no, not in that location. Ms. Harris read from her statement about lack of sidewalks and the safety of pedestrians and children will be compromised. An increase in accidents is a threat to the public. Ms. Harris said she’s really concerned about the people here. Increased noise and pollution will be a nuisance and potentially cause health issues to the neighborhood, and property values will decrease. Will the county compensate residents for these losses? Commissioner Cossairt said this was commercial property before Heights Loop Subdivision was approved. Chairman Bertling said everything east of Homestead Loop is commercial. Ms. Norris said not all of it. Chairman Bertling said most of it is. Ms. Harris said the intersection is unsuitable and she voiced concerns regarding icy conditions and trucks backing up. This increases the risk of accidents. Further commercialization will put additional strain on electrical systems, possibly driving up costs. Adding another business may look at revenue opportunity, but Tractor Supply’s negative impacts on existing local businesses will likely offset tax revenue or increased employment. This is the worst possible location. If this is the best location, then why would a variance be needed. Chairman Bertling said Commissioners are dealing with road variances throughout the county. Ms. Harris explained she was talking about zoning. Chairman Bertling said we’re talking about the variance; the area was already zoned that way and Commissioners are not dealing with zoning today.
Ms. Schneider explained that she represents the Bylers and the sale of the property. Ms. Schneider said Mr. Byler asked her to state that as it pertains to Chairman Bertling’s election sign, Mr. Byler has never met Chairman Bertling and it was a third-party who asked Mr. Byler’s son if he could put the campaign sign in that location. The son asked if Chairman Bertling was a good guy and was told yes and then the sign was put there. This was not between Chairman Bertling and Mr. Byler.
Mr. Kerby, Bonners Ferry, said he wanted to comment on all the work that has been done and the effort that Road and Bridge put into the thought process and procures. This is a well-designed program and he appreciates the effort put into this. Mr. Kerby clarified that he owns Pace-Kerby Real Estate.
There being no further comments, Commissioners closed the hearing to public testimony.
Commissioner Robertson said if Commissioners are going to approve the variance, he would like a condition that the wall and trees are put in place as proposed. Ms. Nylander said she didn’t show a fence based on the testimony of the neighbor during the last meeting; that’s why there is increased landscaping in lieu of a six-foot fence. It was said the retaining wall has to be in that location anyhow.
Commissioner Cossairt moved to approve the variance request of applicant/landowner James Byler and applicant Jennifer Nylander, Parcel Number RP62N01E145551A, for a road approach that does not meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B., with conditions a through j, and adding condition k, to provide enhanced landscaping on the north. Commissioner Robertson second. Commissioners voted as follows: Chairman Bertling “abstained”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed.
The hearing to consider Variance Application #4-2023 ended at 2:20 p.m.
2:30 p.m., Commissioners continued their public hearing for Road and Bridge Variance Application #5-2023. This is a request for a variance to Road Standards Ordinance 2020-2 as it pertains to an approach location. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Applicant Jennifer Nylander with HSC, Bonners Ferry Herald Staff Writer Emily Bonsant, Cameron Smith, and Adrienne Norris. Participating via conference call was Paul Marcinko with Jade Consulting. The hearing was recorded.
Chairman Bertling reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Commissioners opened the hearing and asked for a staff report. Ms. Nelson said during the first public hearing for this application, Commissioners asked for a 3D drawing of the site and asked if there was a possibility of moving this approach any further to the north. Ms. Nylander provided an updated exhibit, a narrative that will be provided and 3D drawings that will be added to the record. One additional written comment was received requesting Commissioners be willing to look at any possible variances that would allow approval of the variance requested.
Ms. Nylander gave an opening statement and explained that her company represents the developer and she’s happy to present Tractor Supply for the southern drive. They took another look at the plan and were able to get an additional 15 feet to reach 300 feet from the intersection. They weren’t able to meet that extra 30 feet and it had to do with pedestrian circulation and how the store and parking are laid out, the boundary line and storm drain. Ms. Nylander said she hopes they’ve done enough.
Commissioner Robertson asked about truck turning radius and making it wider. Can the radius be contained within the north direction of Homestead Loop? Mr. Marcinko said yes, he doesn’t think it will be an issue and they can expand that radius out and show that truck path, if that’s what the county requires. Commissioner Roberson asked about the width. Mr. Marcinko said he’s not looking at width, he’s looking at a larger radius that would accommodate the trucks coming out without encroaching into oncoming traffic. Chairman Bertling said they’re looking at cutting the inside corner. Mr. Marcinko said there is a 45-foot radius shown there and it would likely be 50 or 55 feet and could be bigger, but that would be a pretty large radius for an access. Ms. Nylander said without negatively affecting integrity, could the radius be 55 feet for the southern-most radius on the southern-most driveway? Chairman Bertling said yes.
Commissioners opened the hearing to public testimony and asked for comments in favor, uncommitted and opposed to the application. No one spoke in favor of the application. Speaking uncommitted was Adrienne Norris, who wanted to verify if the person who submitted written comment in favor of the application was Chris Wheeler. Commissioners said yes. No one spoke in opposition.
There being no further testimony, Commissioners closed the hearing to public comment.
Commissioner Robertson said he would only add the comment about a 55-foot radius. Chairman Bertling said compared to where we started at with the first public hearing, he likes this design better and it’s better for the community. It addresses a few issues.
Commissioner Cossairt moved to approve the variance request of applicant/landowner James Byler and applicant Jennifer Nylander, Parcel Number RP62N01E145551A, 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 k, with “a” stating the approved approach shall be located 300 feet north of the centerline of Hillcrest Road and “k”, which adds a 55-foot radius at the south entrance. Commissioner Robertson second. Commissioners voted as follows: Chairman Bertling “aye”, Commissioner Cossairt “aye” and Commissioner Robertson “aye”. Motion passed.
The hearing to consider Variance Application #5-2023 ended at 2:44 p.m.
There being no further business, the meeting adjourned at 2:45 p.m.
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TIM BERTLING, Chairman
ATTEST:
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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk