***Monday, April 3, 2023, at 9:00 a.m., Commissioners met in regular session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Commissioners said the Pledge of Allegiance.

9:00 a.m., Commissioners discussed signage for the University of Idaho Office location, but didn’t make a decision.

9:30 a.m., County Civil Attorney Tevis Hull contacted Commissioners via telephone to give an update on various matters he’s working on to include: the DeHart property near the airport, Second Chance Animal Adoption and collecting of fees, the Byler property, and North Bench Fire Department’s station and Iron Mike’s Gym in relation to airport property. Attorney Hull said Airport Manager Dave Parker has sent letters to Iron Mike’s Gym and North Bench Fire Department notifying them that a property survey will be conducted and T-posts will be put up along their property lines. Attorney Hull said Mr. Byler still needs to be notified. Road and Bridge and Tim Tucker are now working together on a legal description for Mr. Tucker’s request for a road vacation. Attorney Hull said he’s still working on the LaBrosse Hill Road letter and he hasn’t heard back from the State of Idaho on Garvin Williams’ pad near the Farm to Market Road.

Attorney Hull asked Commissioners if they still want to address concealed carry for firearms in the Courthouse. Attorney Hull is still waiting to hear from the trial court administrator with their opinion on that. The issue is the question of what is considered a courthouse since courts have responsibility over courtrooms, so that is still getting flushed out. A meeting should be set up with the administrative district judge.

Attorney Hull said he heard from Chairman Bertling over the weekend about the county website possibly being hacked. The only thing that was potentially removed from the site was the meeting agenda for this week. The agenda was not on the main page of the website, but it was on Commissioners’ page. For Tuesday’s public hearings, the hearings were noticed in the newspaper, the meeting and hearing agenda is posted in the Courthouse lobby and notices were mailed to property owners within 300-feet of the site. Attorney Hull said he feels Commissioners can still go about their meetings and hearings and address what happened as far as the agenda being there on the site and then it was gone. Attorney Hull said the county needs to make sure to get a secure website and block any would-be hacker who wants to move things on the website.

Commissioner Cossairt discussed a matter regarding a search warrant for a body cavity search at the hospital. Commissioner Cossairt said he attends the Hospital Board of Trustees meetings and it was stated the search warrant was addressed to either Boundary County or the Sheriff; not the hospital, so the hospital felt they were correct in not performing the body cavity search. Attorney Hull explained working with the Hospital’s attorney on the language for an agreement. There is one exception, which is when the hospital feels it’s a safety issue to do a search, they can reject it, otherwise they have agreed to the language. Attorney Hull said the hospital’s attorney had drafted the language so he doesn’t see any issues going forward.

The call to Attorney Hull ended at 9:50 a.m.

Commissioners debated renewing their annual dues to Panhandle Area Council.
Commissioner Cossairt moved to renew the annual membership dues with Panhandle Area Council. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign Certificates of Residency for Heather Kunsky and Thomas Hubbell. Commissioner Robertson second. Motion passed unanimously.

10:00 a.m., Solid Waste Department Superintendent Claine Skeen joined the meeting to provide a department report.

Commissioner Cossairt moved to sign the Independent Contractor Agreement with Red Rock Contractors. Commissioner Robertson second. Motion passed unanimously.

Mr. Skeen said the company baling the metal pile has two weeks left to complete the job.

Mr. Skeen asked Commissioners about doing without a fee for concrete when amending the Solid Waste fee schedule. People are burying the concrete on their property, according to Mr. Skeen. Commissioners said to get the crusher attachment and gain more knowledge.

Clerk Poston said she will contact Chief Lindsey with Boundary Ambulance Service about getting a new battery for the defibrillator at the landfill.

The meeting with Mr. Skeen ended at 10:12 a.m.

Commissioner Cossairt moved to sign the Idaho Department of Lands Reimbursement Requests for Wildland Urban Interface Hazardous Fuels Reduction projects as they become available. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the amended Land Lease with Olivia Garrison. Commissioner Robertson second. Motion passed unanimously.

Commissioner Robertson moved to sign Amendment #1 to Grant Agreement Airport Improvement Project #65S-NMG, 3-16-0004-020-2021 in the amount of $4,132.00 for the Airfield Pavement Maintenance project. Commissioner Cossairt second. Motion passed unanimously.

Commissioners received a call from Jonathan Reed with Tech Partner. Mr. Reed requested Commissioners’ permission to pay Ipower $3.38 per month for 36 months to back up the county website. Commissioners gave that permission.

10:30 a.m., Chief Probation Officer Stacy Brown joined the meeting to give a department report. Ms. Brown reviewed the number of people in various levels of probation. Hope House is building a playhouse in the Moyie Sprigs area and they’re hoping to get on the list as a business where community services workers can work. Ms. Brown explained that with there being more community service workers, we need more work locations to add to the list. Clerk Poston said with summer coming, the county may be able to use community services workers if they know they’re available.

The meeting with Ms. Brown ended at 10:35 a.m.

Commissioners tended to administrative duties until their next meeting at 11:00 a.m.
11:00 a.m., Courthouse Maintenance Squire Fields joined the meeting to give a department report.

Selkirk Sealcoat will come this week to look around the Courthouse for sealing the parking lot and possibly fixing the one area of the parking lot that sank. Turner Plumbing will come and crawl through the basement in the Courthouse to determine repairs to a pipe. Mr. Fields assistant will start work next week. Bogie and Sons will come tomorrow to look at the roofs for an estimate. Mr. Fields is working on the surplus auction. Mr. Fields discussed signage for the Courthouse parking since nearby residents are using the parking lot for extended periods of time. It was said this parking lot is not permanent parking for the nearby residences. The parking area near the current Extension Office need to be restriped. The boiler room door inner mechanism is too old to be replaced so Mr. Fields suggested a push/pull handle for now and then replace the mechanism at some point to make it secure. The Extension Office move to the former NIC building is complete and Mr. Fields asked what the garbage pickup solution is for this site long term. Chairman Bertling suggested a two-yard bin. Mr. Fields asked about paying Fredrickson’s Bonners Ferry Garbage or see if Solid Waste Superintendent Claine Skeen wants to purchase a bin.

Bonners Ferry Herald Staff Writer Emily Bonsant joined the meeting.

Commissioners and Mr. Fields discussed sidewalk improvements. Commissioners decided against heating the sidewalk and just making normal repairs instead. Commissioners felt they would rather install more lighting so the sidewalk will be well lit. Mr. Fields will contact Alex Wedel with Cubix about the sidewalk.

Mr. Fields spoke of issues he’s having with the small truck he drives when checking boat launches in the winter. Road and Bridge has four, 4-wheel drive vehicles in various conditions to surplus and he questioned the process of an inter-department transfer. Mr. Fields will meet with the Road and Bridge mechanic to discuss the conditions of the vehicles. Those present discussed getting fire extinguishers for the new Extension Office and the annual fire extinguisher inspection is coming up.

The meeting with Mr. Fields ended at 11:14 a.m.

11:30 a.m., Boundary Economic Development Council (EDC) Director David Sims joined the meeting to provide an update on EDC matters.

Mr. Sims said the Porthill border crossing has extended its hours.

The Idaho Department of Commerce will release their $125,000.000.00 capital project fund and two local broadband providers in the area will apply for funding. These providers may request letters of support from various agencies. This program considered areas for broadband services that are currently unserved or underserved. The maps of these areas are not finalized, but they include the area north of Bonners Ferry, Paradise Valley and Naples. Mr. Sims informed Commissioners that a new business is in the process of opening in the downtown area. The Bonners Ferry Comprehensive Plan update should be completed on April 18th and City Council will have a final hearing. The Bonners Ferry portion of the Riverside Road Improvement Project has increased from $2,700,000.00 to $5,400,000.00 so they’re waiting to see if additional grant funds are available to cover that increase. If it goes well, Western Federal Lands feels construction for the Riverside Road project will start in 2025. Mr. Sims will attend the Idaho Rural Success Summit in April and it’s centered around rural community development.

Mr. Sims said the Moyie Springs sewer project is moving forward again. They’re working on a railroad permit and a holdup with an easement has been resolved. Moyie Springs is upgrading its current treatment system. Commissioners Cossairt said the size of their tanks need to be increased.

Mr. Sims said the Pape Machinery property is for sale and there has been interest.

Ms. Bonsant left the meeting at 11:45 a.m.

Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)c, to acquire an interest in real property, which is not owned by a public agency. 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 11:50 a.m. No action was taken.

Mr. Sims left the meeting at 11:50 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. Mr. Morris provided a written report and reviewed work being done.

Ms. Nelson spoke of going out to bid for chloride dust palliative materials.

Commissioner Cossairt moved to go out for 2023 chloride dust palliative materials. Commissioner Robertson second. Motion passed unanimously.

Ms. Nelson discussed sending out quotes for a street sweeper and comparing both new and used sweepers. Ms. Nelson said they’re also looking to see if there are piggy back bid options available. Road and Bridge has picked up three used rock in rollers.

1:50 p.m., Ardurra Aviation Project Manager Trey Dail and Airport Manager Dave Parker joined the meeting.

Ms. Nelson has a meeting with County Civil Attorney Tevis Hull to review documents from Epic Land Solutions for the Riverside Road Improvement Project. Commissioner Cossairt asked about the Myrtle Creek Bridge design. Ms. Nelson said this project has been awarded, but they have not started the design. Ms. Nelson spoke of her phone call with the Federal Lands Access Program (FLAP) Program Director about projects.

The meeting with Ms. Nelson and Mr. Morris ended at 1:55 p.m.

2:00 p.m., Commissioners held a bid opening for the Boundary County Airport Slope Stabilization project. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Ardurra Aviation Project Manager Trey Dail, Airport Manager Dave Parker, Brittney Vian with LaRiviere, Mike Curry with Big Sky Corporation, Margo Johnson with S&L Underground, and Ashley Cooper with Selland Construction. The bid opening was recorded.

Commissioners received four sealed bids. Selland Construction, Wenatchee, Washington, provided a bid totaling $1,452,040.00. S&L Underground, Bonners Ferry, provided a bid totaling $539,485.00. Big Sky Corporation, Hayden, Idaho, provided a bid totaling $564,645.20. LaRiviere, Rathdrum, Idaho, provided a bid totaling $564,019.70. The apparent low bidder was S&L Underground. Commissioners postponed their bid selection to allow Mr. Dail time to review the bids.

The bid opening ended at 2:04 p.m.

Commissioners and Clerk Poston briefly discussed ARPA projects.

3:15 p.m., There being no further business, the meeting recessed until tomorrow at 11:00 a.m.

***Tuesday, April 4, 2023, at 11:00 a.m., Commissioners met in regular session at the County Annex with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

11:00 a.m., Austin Terrell with the Office of Species Conservation, Idaho Fish and Game Conflict Specialist Rob Morris and Solid Waste Department Superintendent Claine Skeen joined the meeting. The purpose of the meeting is to discuss carcass removal pertaining to grizzly bear.

Mr. Terrell and Mr. Morris introduced themselves and explained wanting to establish a livestock carcass removal program to reduce attractants for grizzly bears. The Office of Species Conservation has applied for a grant for a trailer to help haul livestock carcasses away, so during the off season they will go around and clean up carcass piles, because bears have been seen sleeping in areas near these bone piles. It was said that livestock needs to be protected. Mr. Morris said bears are coming out of their dens and they’re on the landscape now. This is the time when a bear could find a bone yard and we’re trying to avoid conflicts with livestock. People don’t want to just bury dead livestock because bears can dig so the plan is to establish a carcass pickup program. The question is where to take the carcasses; logically that would be the landfill, if it is available. Areas in Montana have dealt with this issue for 20 years so our area is behind and we’re trying to get ahead a bit. Mr. Morris discussed a program in Montana in which dead livestock remains have been composted and turned into soil to use along roadways and it’s been a success.

Chairman Bertling explained that Commissioners are starting to collaborate with the Kootenai Tribe of Idaho on a food waste composting program, but it’s brand new and Commissioners don’t know how or what that program will look like just yet. Commissioner Robertson mentioned that the beginning steps in this proposed food waste recycling program is having a no bones mixed in at this point. Mr. Terrell and Mr. Morris said they want to encourage the public to contact them when they have a livestock carcass, but a disposal location needs to be determined if they are successful in obtaining grant funds for a trailer.

Mr. Morris discussed the issue with chronic wasting disease and not wanting to mingle livestock and wildlife carcasses as you don’t want to potentially place diseased carcasses along the highways. Mr. Terrell questioned solid waste disposal fees for carcasses and working on an agreement for carcass disposal. Chairman Bertling commented that he has no issue waiving a fee for these carcasses. Commissioner Robertson said he agrees with a pilot program and he commented on eventually helping pay the county back. The current fee for large animal disposal is $34.00, according to Mr. Skeen. Mr. Skeen asked for clarification on the system, such as whether or not the those involved will have an official vehicle with an emblem on it so landfill staff know who they are. Chairman Bertling said he has a winch and a crane that he could donate to this program. Those present discussed fencing at the landfill. Commissioner Robertson said the difficulties will be the producers. Mr. Terrell said he would need to work on a marketing campaign, but it would be a no charge program.

The meeting with Mr. Morris, Mr. Terrell and Mr. Skeen ended at 11:21 a.m.

Commissioners tended to administrative duties.

Commissioners recessed for lunch.

1:30 p.m., Commissioners reconvened for the afternoon session 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 & Zoning File #23-0050. An application for a short plat – rural subdivision requested by the Billie and Patricia I. Poulton Family Trust. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Road and Bridge Co-Superintendents Renee Nelson, Kelly Bell, Ron Self, Cathi Winkelseth, Carrie Figgins, Shelly Yount, Ashley Martinez, and Alan Winkelseth. The hearing was recorded.

Chairman Bertling reviewed details of the application. Commissioners cited no conflicts of interest. Ms. Marley reviewed the public hearing procedures to follow.

The applicants are requesting preliminary plat approval for BV’s Sand Lots, a rural subdivision short plat to create a 2.94-acre lot and a 16.49-acre lot from a 19.46-acre parcel. The parcel is in a residential zone and within the Area of Impact for the City of Bonners Ferry. The parcel is located off Chokecherry Drive and identified as Assessor’s Parcel RP62N01E223660A in Section 22, Township 62 North, Range 1 East, Boise Meridian.

Ms. Vogel provided a staff report. This application is considered a rural subdivision since one of the lots is not at least five acres. It is not a parcel division because it was created during the 20-acre exemption process. Ms. Vogel referred to her Power Point Presentation and pointed out the Standards of Review and aerial views of the parcels. There are no community services or water. This area has the ability to be served by Three Mile Water, but Three Mile Water didn’t provide a will-serve letter. Ms. Vogel reviewed the plat map. The application was routed to various agencies and comments were heard from the Addressing Coordinator, County Assessor and Panhandle Health District. The application and hearing were noticed to neighboring landowners and the Bonners Ferry Herald and no comments were received. Pages four and five of the staff report reviews the Standards of Rural Subdivisions and talks about setting terms and conditions for approval. Also included in the report are the Findings and Conclusions for discussion and draft conditions of approval for discussion. The plat map will need to include the services provided or lack thereof. Any approach permits shall be obtained from Road and Bridge prior to recording of the final plat.
Commissioners had no questions.

Applicant Ashley Martinez gave an opening statement and explained that the parcel had been her grandparents’ land. The family will apply for water and sewer services if the application is approved. Commissioners had no questions of the applicant. Commissioners opened the hearing to public testimony and asked for comments in favor, uncommitted and opposed to the application. No one spoke. The hearing was closed to public testimony and Commissioners called for deliberation. Commissioner Robertson said the application meets the standards. Commissioner Cossairt said he had no problem with the application.

Commissioner Cossairt moved to approve the preliminary plat of BV’s Sand Lots, a proposed rural subdivision, File #23-0050, and direct staff to prepare written findings, a decision and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions and conditions as written. This action does not result in a taking of private property. This includes draft findings and conclusions 1 through 12 and draft conditions of approval 1 through 5. Commissioner Robertson second. Motion passed unanimously.

The hearing for Planning and Zoning File #23-0036 ended at 1:40 p.m.

2:01 p.m., Commissioners held a public hearing to consider Planning and Zoning File #23-0036. An application for a short plat – primitive subdivision requested by Applicant, Migliore Family Revocable Trust. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Road and Bridge Department Co-Superintendent Renee Nelson, Ron Self, John Marquette with JRS Surveying, Adrienne Norris, Bobby Riddle, Gerald Higgs, and Applicants Karen Parroff, and Mike Migliore. The hearing was recorded.

Chairman Bertling reviewed the application. This is for a preliminary plat approval for Migliore Subdivision, a primitive subdivision short plat to create a five-acre lot and a 26-acre lot from a 31-acre parcel. The parcel is in the rural residential zone, is located at 2537 Brown Creek Road and is identified as Assessor’s Parcel #RP61N01E219000A in Section 21, Township 61 North, Range 1 East, Boise Meridian.

The hearing procedures to follow were reviewed and Commissioners cited no conflicts of interest. Ms. Vogel provided a staff report. Ms. Vogel addressed the standards for review, Section 11.3.5. of County code. The application does not have to have community services, but the applicants will need to make note of services on the final plat. An aerial view was provided. The zone is rural residential and the minimum parcel size is five acres. The property will be served by private wells, septic, Northern Lights, and Paradise Valley Fire Department. Access is from Brown Creek Road and there is another private access through Thimbleberry Lane. There are fresh water wetlands. The private easement access is noted on the preliminary plat. Accesses for the lots were reviewed. Agency comments were received from the Assessor, Road and Bridge and Panhandle Health District. Notices of the application were mailed out, but no public comments were received. Ms. Vogel reviewed what remained in the staff report documentation to include standards of applicable codes, application overview, mapped wetlands, Standards of Review, etc. The official road names need to be on the final plat and corrected, if there are any issues.

Commissioners had no question of the staff report. Ms. Nelson explained that there is an existing approach permit for Thimbleberry Lane for lot 1. Lot 2 has permit #20-0021 for Brown Creek Road addresses. It was verified that an approach and a culvert have not been completed and questioned if that can be made a condition of approval.

Mr. Migliore gave an opening statement and provided background history. The applicant said he is dividing the property to accommodate his sister moving to one of the lots. They won’t subdivide further and if his sister decides not to build on a lot, no one else will, according to Mr. Migliore. There is a guest home on the property that is occupied approximately two weeks out of the year. Mr. Migliore explained that they are members of the Paradise Valley Fire Department so they’re well aware of restrictions for emergency services. Mr. Migliore commented that access may have to be off of Thimbleberry Lane due to number of residences off of Brown Creek Road. Commissioner Robertson asked if there is any issue with completing the approach on Brown Creek Road. Mr. Migliore said there may have been miscommunication as they thought they didn’t have to do anything. Mr. Migliore said their neighbor had the driveway expanded and widened, and had the culvert cleaned out. Ms. Nelson explained that this is the area where Brown Creek Road is going to be chip sealed. Ms. Parroff said they could take care of installing a culvert.

The hearing was opened to public testimony and Commissioners requested comment from those in favor, uncommitted and opposed to the hearing. No one spoke. The hearing was closed to testimony and Commissioners called for discussion amongst themselves.

Commissioner Cossairt moved to approve the preliminary plat of the Migliore Subdivision, a proposed primitive subdivision, File #23-0036, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the preliminary plat is in accord with the applicable zoning and subdivision standards of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions and conditions as written or amended. This action does not result in a taking of private property. This includes draft findings and conclusions 1 through 12 and draft conditions of approval 1 through 6, adding 7, to complete the approach to Brown Creek Road and culvert improvements. Commissioner Robertson second. Motion passed unanimously.

The hearing for Planning and Zoning File #23-0036 ended at 2:15 p.m.

2:30 p.m., Commissioners held a public hearing to consider Planning and Zoning File #22-0183. This is an application for a conditional use permit requested by James and Elida Byler. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Planning and Zoning Administrator Clare Marley, Planner Tessa Vogel, Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris, Ron Self, Gerald Higgs, Cameron Smith, Jim Hill, Lin Hill, Co-Applicant Jennifer Nylander with HSC, Bob Miller with HSC, Bob McCune, Violet McCune, Jim Cadnum, Lisa Murphy, Patrick Murphy, Marty Martinez, Teresa Sykes, Lawrence Ojermark, Daniel Muir, Co-Applicants James and Elida Byler, Jim Dyck, Donna Short, Bonners Ferry Herald Staff Writer Emily Bonsant, Tatiana Ojermark, Mike Sykes, Marshall Thompson, Gail Thompson, Boundary Economic Development Council Director David Sims, Patricia Quail, Bob Kennedy, Darlene Schneider, Trevor Schneider, Stephanie Harris, Dan Harris, Greg Jolliffe, Alecia Jolliffe, Hilary Kraly, Mike Pluid, Lisa Pluid, Robert Byler, Amos Byler, Engineer Paul Marcinko with Jade Consulting, Sarah Moore and Thomas Luce with Jade Consulting; Tracy Mann, David Byler, and Johanna and Kim McLaughlin. The hearing was recorded.

Chairman Bertling reviewed the public hearing procedures. Commissioners cited no conflict of interest. Ms. Marley provided an additional summary and explained that this matter is under an appeal hearing since Cameron Smith didn’t receive notice of the hearing as he was in the middle of purchasing the neighboring property. Ms. Marley explained following due process and informed the public that if they had an exhibit, it could only be a single page and it needs to go through Planning and Zoning in order to get an exhibit number before being given to Commissioners. The exhibits have to be readable; not a CD and the exhibits will be retained by the county for the file record.

Commissioners opened the hearing to consider Planning and Zoning File #22-0183 for a conditional use permit filed by James and Elida Byler. This is requesting approval for a conditional use permit to allow a commercial use within a primary structure exceeding 15,000 square feet. The applicants are proposing to construct a retail Tractor Supply Store on a portion of a 5.99-acre site in the commercial/light industrial zone. The parcel is located at 87 Homestead Loop and is identified as Assessor’s Parcel RP62N01E145551A in Section 14, Township 62 North, Range 1 East, Boise Meridian. This application is being heard before the Board of County Commissioners due to the filing of an appeal of the Planning and Zoning Commission’s approval of the file following their October 27, 2022, public hearing. The appeal was filed by Cameron Smith, who advised the county that as the new owner of property within 300-feet of the subject site, he did note receive legal, mailed notice of the public hearing in October. The notice had been sent to the previous property owner.

Ms. Vogel provided a staff report. The conditional use permit is for a commercial use that has a primary structure over 15,000-square feet. The use is an approved use. Ms. Vogel pointed out that new information in her staff report is shown in red writing and all prior information received is shown in black. The Tractor Supply Store structure is over 15,000 square feet. This application had been approved by the Planning and Zoning Commission with conditions on October 27, 2022. County Commissioners are going through the de novo process and this hearing is new due to the issue with the notice. Section 7.7 of the staff report pertains to the Standards of Review and other information included is an aerial overview of the property. The site is within the airport overlay. Tractor Supply Store planned to be served by Three Mile Water, but they stated they will be digging a private well and have private septic. Tractor Supply Store proposes to have four employees and have 75 to 90 customers per day. Ms. Vogel reviewed hours of operation and commented on the airport flight pattern. The smaller portion of the property is future land division. Ms. Vogel commented on required parking and having a floor plan of the proposed store, which is just over 19,000 square feet. The building consists of retail with offices and outside storage. Ms. Vogel reviewed photos taken from October 2022, when site postings were done showing a view at the northwest corner from Homestead Loop, looking at the intersection of Highway 95 and towards Hillcrest Road. The roads are paved with intersections. The hearing notice was routed for the Planning and Zoning Commission hearing and has been rerouted for this public hearing. Planning and Zoning received updated comments from Road and Bridge and there is a new comment from the Idaho Transportation Department (ITD). The Airport Manager would like the fair closure statement and for there to be no upward facing lights. The Assessor and Panhandle Health District also provided comments. Road and Bridge provided an updated comment regarding road variances that were approved with conditions. The draft conditions of approval have been updated. The previously drafted conditions of approval stated the applicant would have to get those conditions done so the conditions have been updated with new necessities. ITD provided comments stating they are neutral, but they would like to see improvements. The hearing information was routed to the public in October 2022, and no public comments were received. For this hearing, comments were received from those in favor and from those opposed to the application. Comments in favor pertained to having Tractor Supply Store close and supporting local businesses. Other comments voiced concerns regarding traffic on Homestead Loop, the intersection and comments that this type of structure is not the right fit. The conditions are the same regarding the number of vehicle trips per day. Ms. Vogel commented on moderate use. The commercial/light industrial zone requires a public hearing for any structure 15,000 or larger, which makes this a high occupancy use. After the staff report was completed Planning and Zoning received another comment from a member of the public in favor of the application. Ms. Vogel reviewed the color-coded county zone map. Comments received were that there is residential zoning in this area and so the application doesn’t fit. Uses are based on zones. Staff did do research to determine when these areas were zoned and why. Ms. Vogel spoke of there being the commercial/light industrial zone since at least 1989. The zone for the Northland Woods Subdivision was commercial and it was stated as zoned commercial/light industrial in year 2006. The David Thompson Road area has been zoned commercial since at least the late 1980’s, but it doesn’t mention surrounding property. Ms. Vogel commented on the Northern Heights Subdivision’s future file in year 2006 and at that time the Northland Woods Subdivision had been completed. Ms. Vogel said the area shown in blue is commercial, yellow is rural residential and green is agriculture/suburban. Ms. Vogel spoke of the future Northern Heights Subdivision having gone through a zone change to rural residential and that she could also see in year 2006 that it was zoned commercial.

Ms. Vogel reviewed the remaining pages of her staff report. Ms. Vogel referenced draft findings and conclusions #8 stating the site will be served by Three Mile Water so Commissioners will want to amend #8 to reflect that change. There as an addition in the Terms and Conditions of Sections 7 and 8 for conditions that Commissioners can set on a project. There is information about establishing specific locations and/or standards to reduce adverse impacts. That comes into play if Commissioners want to include ITD’s requirements for highway approaches. The Draft Conditions of Approval are the same, but have changes regarding variances and needing to comply with variances. Prior to the store opening, if the application is approved, those road approaches will have to be completed. Ms. Vogel commented on ITD’s recommendations. Commissioners had no questions for Ms. Vogel.

Ms. Nelson clarified ITD’s recommendations. The lengthening of the northbound turn lane and pavement markings are usually done by ITD’s striping crew so she will verify who is going to do that if the application is approved. Road and Bridge will work with ITD on markings for Homestead Loop and get an agreement in place if there is a stop bar marking at the intersection of Homestead Loop and Highway 95 for lane delineation. ITD will allow work in their right-of-way. ITD was also still looking into illumination. In past developments, lighting could be paid for by the developer, but who maintains and covers the cost of electricity? Working on illumination at the intersection would be something to work on in the future. Ms. Nelson commented on contacting the Local Highway Technical Assistance Council (LHTAC) for roadways. Homestead Loop has 11-foot lanes which are standard for a regular county road volume. Ms. Nelson spoke of having looked at adding two-foot gravel shoulders to the road. LHTAC also commented that the approach radiuses can be widened for truck traffic. The southern approach was widened from 30-feet to 55-feet so ITD felt that was covered and it was meeting what an engineer would require. Ms. Nelson said she would recommend striking all of No. 9 in the Draft Conditions of Approval.

Commissioner Cossairt had no comments. Commissioner Robertson asked if lighting at the intersection is going to be a potential mandate by the state. Ms. Nelson said no, it was just a recommendation, but there isn’t a good enough policy. If the developer puts lighting up, who is going to maintain and pay for it? ITD felt the need to look further into it. Ms. Nelson said lighting would definitely help, but how would the county put conditions on that when there are different rules in Idaho Code to follow?

Applicant Jennifer Nylander introduced herself and explained that she is representing Hix Snedeker Companies and they’re the developer for Tractor Supply Stores. Ms. Nylander said her company is purchasing the property from the Bylers with the intent for a Tractor Supply Store. The applicant has gone through the road variance process and they were approved. The architect and civil plan sets are 95% complete. Ms. Nylander said she is not sure of additional information to add that is not already known. Commissioners had no questions for Ms. Nylander.

Commissioners opened the hearing to public testimony.

Speaking in favor was Bob McCune, 78 Angels Way. Mr. McCune said bringing in a Tractor Supply Store will be an extremely valuable asset to have in the community for farmers. Even people from Canada are looking to have this available to them. The argument about traffic being a concern is easily dealt with if you have a middle turn lane. Mr. McCune spoke of living near a traffic signal and when that signal changes there are pretty good breaks. Mr. McCune said he and others are looking forward to Tractor Supply Store coming to the community.

No one spoke uncommitted.

Speaking in opposition was Michelle Muir who stated there are so many businesses that are going to be affected that have contributed toward kids’ athletics, etc. There are a million things that local businesses have supported all year long. Tractor Supply Store doesn’t do that. Ms. Muir said she supports youth, agriculture and everything trying to move forward in supporting agriculture, but these people don’t support it. Carter Country and Larson’s will be affected by this.

Jim Hill, 196 Heights Loop, commented for himself and his wife, Lin. Mr. Hill said they are strongly opposed to the conditional use permit that would allow a 15,000 to 19,000 square foot building on this particular parcel and additionally, the portion of the site being retained by the owner will have more impact. The purpose of the size limit is to regulate development in a manner conducive to existing usages. This is too big for the site, the infrastructure, public safety and residences. This business has been shoe-horned in according to the engineer’s words. Mr. Hill said the area appears zoned commercial due to the overlay of Highway 95; but not due to being on Homestead Loop. What is needed is reasonably sized business and there are numerous alternatives, such as a memory care or assisted living facilities. The neighbors and taxpayers should not be penalized. Mr. Hill commented on having been a former mayor and understanding safety. Mr. Hill said this property needs to have direct access from Highway 95; Homestead Loop is not suitable and Hillcrest Road exacerbates the situation. This project will contribute to higher than normal traffic. The engineer also stated they were not able to get additional 30 feet. There are 36 residential lots already approved across from this site. The project is too big and he commented on risks to pedestrians, etc.

Pat Murphy, Hillcrest Road, questioned how the number of traffic visits per day was determined and he commented when you turn off the highway, you’re almost immediately turning onto Hillcrest Road. With increased traffic along Homestead Loop, you have three cars at the intersection. Traffic will be blocking the way to turn on to Hillcrest Road that has over 50 homes on it, plus the landfill. Along with increased traffic from the Tractor Supply Store, it’s not a good fit. Tractor Supply does not support local values.

Adrienne Norris said her prior job was in retail management and scheduling over 50 employees at a big box store. In peak season, Tractor Supply will receive more than one truck load and they will not have just four employees, especially during peak hours and when overlapping on a 12-hour shift. There will be more load than what Tractor Supply is claiming.

Patricia Quail, 64 Heights Loop, asked if the corporation that wants to build the facility is financially responsible for any of road improvements? Chairman Bertling said, currently right now, no. Ms. Quail questioned, if they don’t have information to proceed, is that not important? Chairman Bertling said it’s not unimportant and he added that as a county, they will need to make improvements. Ms. Quail questioned who will pay for that. Chairman Bertling said in the past, prior Commissioners had not put stipulations on companies coming in so as a Board of Commissioners, they will be addressing that since historically those were not stipulated. Ms. Quail commented on the corporation not being responsible and Chairman Bertling said Commissioners did address widening the radius. Ms. Quail questioned who would be responsible for adding the two feet of gravel. Chairman Bertling said the county will be doing that. Chairman Bertling explained that the county does not levy for roads, but they receive funds from the state.

Lisa Murphy said she was in support of what Michelle Muir said. Ms. Murphy said she grew up in Bonners Ferry and her dad had an appliance store and did service work in town for years. She watched the demise of his business when building started in Ponderay. Ms. Murphy said over the course of 10 years her dad could no longer do what he had been doing his entire life. This store will have an impact on smaller businesses. Ms. Murphy explained that her dad had serviced the appliances he sold. Larger businesses don’t care and it’s like this business is trying to be shoved in there. Sometimes the all-mighty buck has to take the back seat.

Michael Sykes commented that the southern approach was given an additional 25 feet and he asked if that is where trucks are coming in for deliveries. Mr. Sykes questioned why the drawing shows the truck on the north side of the building between Mr. Smith’s property. That truck will be running while unloading next to Mr. Smith’s house and his subdivision.

Lawrence Ojermark, Heights Loop, commented on the traffic study and he stated that no one has talked about snow removal. Heights Loop becomes narrower and narrower. Will provisions be taken for trucks? Mr. Ojermark spoke of dumping and draining snow and he said he understands it will be dumped close to the intersection and that it can be difficult to see in order to make a safe turn. What considerations have been made for pedestrians? Chairman Bertling said as far as snow removal, it would help to have more Road and Bridge employees.

Cameron Smith, 157 Homestead Loop, directly north of Tractor Supply, referenced Idaho State law under Title 67 and listed matters pertaining to violating property rights, adversely impacting property values and creating unnecessary technical limitations on uses of property. The proposed project would decrease his property value as well as other home values in the North Bench area. Increased traffic will remove the ability to recreate on Homestead Loop Road and Mr. Smith spoke of seeing kids regularly riding bikes and joggers on Homestead Loop Road. This business will be an eyesore. Mr. Smith said Commissioner Robertson had previously stated that this would help with property value for Mr. Smith’s home. Mr. Smith added that he purchased his home for $400,000.00 and he doesn’t know of any developer who would purchase his land for $200,000.00 per acre. The residents of this area understand this and understand they can take legal recourse if the county chooses to move forward with this application. Mr. Smith said in addition to devaluation, the project is inconsistent with the conditional zone permit citing Boundary County’s comprehensive plan and describing Section 13.4.3., commercial/light industrial. For residential development, it would be limited solely to the owner or caretaker’s residence. The purpose of this designation is to promote and encourage economic development in a manner conducive to existing residential uses. This project will change the character significantly and it is not conducive to existing uses. Uses that could be considered appropriate include retail, light manufacturing in a structure not exceeding 15,000 square feet. This building is well over 15,000 square feet. Mr. Smith said Mr. Marcinko with Jade Engineering stated they were trying to shoe-horn the building into this site. Mr. Smith reviewed development standards and mitigating adverse effects on surrounding residential development. Minimum parcel size should be sufficient to accommodate the use and level of public services available and putting in a couple trees north of the proposed store is not sufficient to minimize adverse effects. Improvements would not stave off decreased property values and North Bench Fire Department stated they don’t have adequate staffing or equipment for their current service area. Putting in a large retail space with hazardous materials is not going to help.

During the October 18, 2021, Commissioners’ meeting for the property directly west of the proposed Tractor Supply building site, it was noted that the Boundary County Airport advised that the application for a rezone for properties under the flight path be denied on the basis of public safety, a lack of fire protection and public services to the road. Mr. Smith spoke of the airport in relation to establishing low density commercial zoning around the airport and restricting uses that are incompatible with the operation safely. Mr. Smith said Commissioner Cossairt and Chairman Bertling were a part of that hearing, which was just 18 months ago and he wondered what has changed in the last 18 months that has changed that decision. The county is not only putting a great safety risk to the citizens who use Homestead Loop Road, Hillcrest, and Moon Shadow Road, but also the traffic that comes off of Highway 95.

Donna Short commented about issues Sandpoint has had and she questioned water and septic service.
Ms. Nylander provided a rebuttal and stated that they have dug a well and have water to supply the store for domestic use. They will also have a fire tank on site for fire suppression since they don’t have a hookup for Three Mile Water. The fire tank is in the process of being built. The septic system is currently under design and Panhandle Health District has the application and has reviewed it. Ms. Nylander said other questions will need to be answered by engineering staff. Ms. Marley repeated questions raised during the hearing pertaining to a traffic study, turning radius, snow placement and sight impairment in relation to snow, septic disposal and if the number of employees was falsified. Ms. Nylander said she has not falsified anything.

Mr. Marcinko with Jade Consulting said his use of the word shoe horn was misunderstood and it was strictly in relation to driveway access. We are here for a conditional use permit for an additional 4,000 square feet. Related to traffic, this is an extremely low trip generator. The report showed no recommendation or improvements were necessary and the conditions sound like they’re going to be resolved. The business is a very low trip generator so the talk of additional size is simply based on the size of the building. Mr. Marcinko said his comment is that traffic is extremely low and they are meeting the requirement for a 55-foot radius so trucks can get in and out without merging so that has been resolved. Mr. Marcinko said he cannot speak to whether or not the delivery truck will be shut off, but Ms. Nylander can talk about that. The truck will exit from the north driveway. Yes, the radius is smaller due to geometry, but additional radius was not required to the north. Mr. Marcinko said the pond itself can be used for snow storage. There had been concern that snow would be piled high and impede sight, but the snow can be pushed to different areas. The business has received approval and he doesn’t see snow storage being a concern. A septic tank drain field and soil was mentioned and Ms. Nylander said Panhandle Health District has the application and they’re coming to do a test on Thursday. Panhandle Health District has no objection at this point, according to Ms. Nylander. Ms. Nelson said the variance was for the location on Homestead Loop for two approaches; not for the site. All locations had 300 feet of site distance. Ms. Nelson said this was clarified in an email from Idaho Transportation Department in that those were only their recommendations; not requirements. The requirement they did was denying an approach off of the highway.

Ms. Norris said when a retail store comes to an area they take into account statistics on population and the average salary, which lets them know what size of a store they should build. Ms. Norris said she knows they have the statistics at hand and she doesn’t believe that’s aligned and she believed they falsified. Chairman Bertling said Ms. Norris did not ask that question. Ms. Norris said she believed they falsified. Chairman Bertling said we’re not going to go there. Ms. Norris questioned if the application was falsified. Ms. Norris said they did falsify. Chairman Bertling said Ms. Norris is out of order with that.

Mr. Smith said there is another proposed site. The Tractor Supply Store can go to another location ad build this and that’s fine; it’s just this particular site is a problem. Mr. Smith referenced a prior Commissioners’ public hearing on October 18, 2021, concerning property directly west of the proposed Tractor Supply Store and said it was noted that the airport advised the rezone be denied due to public safety, lack of fire protection and public services to the road. The Airport Board had concerns about large groups of people congregating beneath the airport’s areas. These same concerns would be present for the Tractor Supply Store. Mr. Smith said both Commissioner Cossairt and Commissioner Bertling were in that hearing and signed it so he would like to know what has changed in the last 18 months that would resolve these concerns. The county is not only putting citizens who use Homestead Loop Road, Hillcrest and Moon Shadow Road at risk, but also traffic that would ingress and egress off of Homestead Loop Road on to Highway 95. To add insult to injury there has been no traffic study to show it would cause traffic and safety issues, it’s sticking taxpayers with financial liability in the event of an accident or loss of life. The engineer on the telephone during the approach variance stated that Highway 95 and Homestead Loop is a very dangerous intersection, so why is the county choosing to ignore these safety and financial liabilities that would be incurred by moving forward with this project? This project is not only going to be a bane to residents of North Bench, but also to the residents of Boundary County. Mr. Smith said he understands that progress and growth are coming, but he would implore the county to recognize that there is a right time and place for everything. The construction of the Tractor Supply Store is not well suited for Homestead Loop Road and the Highway 95 intersection. The engineer reinforced this when he stated the project was shoe-horned in. If the engineer is voicing concern, how does the county not share this same concern?

Mr. Smith said the well only gets three gallons per minute. What is the minimum amount of fire-retardant Tractor Supply Store is going to have? A mailer went out from North Bench Fire Department stating they don’t have enough resources right now, volunteerism is down, and they’re asking for more support. The county is going to make the taxpayer do all of this. If we want to resolve issues for pedestrians, we need sidewalks or an expansion on the road, but who is going to pay for that? It was said during the summer they dug a well and went 500 feet below the river and got three gallons per minute. There’s a chance the well is going to go dry. The application has inconsistencies. Mr. Smith said he called the Tractor Supply Store in Oldtown and they have a store the same size and they have 15 employees the entire time. It’s a load that they state they’re only going to have four employees. The application states they will have 79 to 90 retail patrons and that is probably modest when including traffic from Canada. Again, all of that is egressing and ingressing onto Highway 95. The concern is that there will be a loss of life due to lack of planning. The county will be sued. What chemicals will be used for fire retardants if the 19,000 square foot building burns down? How much liability is the county willing to except? Mr. Smith mentioned that Chairman Bertling had commented on rethinking Homestead Loop. There are no fire hydrants by this store. Is the taxpayer on the hook for liability and everything?

Ms. Nylander provided a rebuttal and said a traffic study was done last July and no improvements were needed. Ms. Nylander said she has a Tractor Supply usage statement that the store put out on their website. It says the average number of employees is one full-time manager, one part-time manager, and between four to six store associates. Ms. Nylander said to feel free to check out the information and fact check her because she doesn’t falsify documents.

The hearing was closed to further testimony.

Commissioner Cossairt said he has no problem with the application. Commissioner Robertson said there is an unfortunate timing and order of this process. If there hadn’t been an error the first time, this hearing wouldn’t be happening. Chairman Bertling said we, as the Boundary County Board of Commissioners, did not even have to have this hearing. If this building was 15,000 square feet, we wouldn’t be here. Commissioner Robertson said, moving forward we can talk about impact fees, but if they’re not built into the county ordinance now, the county is not obligated to enforce them at this point.

Commissioner Robertson moved to approve the conditional use permit for a commercial use with a primary structure exceeding 15,000 square feet to allow for a retail Tractor Supply Store, File #22-0183, and direct staff to prepare written findings, a decision, and terms and conditions of approval, finding that the proposal is in accord with the standards of Idaho Code and Section 7 of the Boundary County Zoning and Subdivision Ordinance, based upon the findings, conclusions, and conditions as written, or amended. This action does not result in a taking of private property. This includes draft Findings and Conclusions 1 through 16, amending #8 to state private wells and Three Mile Water District, and draft Conditions of Approval 1 through 8. Commissioner Cossairt second. Commissioners voted as follows: Chairman Bertling “abstain, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed.

The hearing for Planning and Zoning File #22-0183 ended at 3:55 p.m.

4:09 p.m., Commissioners held a meeting to address access traffic flow options for the Sunrise Road, Kootenai Tribe of Idaho and Boundary County Improvement project. 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, Jackie Morelli, Nick Morelli, Charles Schrock, Shane Florea with North Idaho Collision, Cindy Ryan, Marty Ryan, David Winey, Angela Cooper with the Kootenai Tribe of Idaho, Brett Cummings with HMH engineering, Amos Yoder, Susan Moe-Shope, Daniel Yoder, Pam Shelton, David Vennes, Dan Jansen, Jeff Shope, Dewey Hall, Jenna Magee, Mike Pluid, Lisa Pluid, Patrick Murphy, Lisa Murphy, Donna Short, Bonners Ferry Herald Staff Writer Emily Bonsant, Ken Schrock, Brian Miller, Lewis Clark, Paula Clark, Darin Byler, Clara Dunnington, Adrienne Norris, Hilary Kraly, Kim McLaughlin, Johanna McLaughlin, Jim Byler, and Elida Byler, and Dennis Weed.

Chairman Bertling spoke of receiving plans as a result of the open house addressing the project and he said the reason for not selecting Option 4 was due to traffic for flow and safety and with that in mind, that option is not presented. Another option was requested, which was provided, but it was a matter of just kicking the can of future issues down the road. Both options have a right turn in and right turn out at Sunrise Road. Chairman Bertling added that he had asked for a northbound and southbound turnaround at the intersection be included in the design. There would be a right turn in and a right turn out and the Idaho Transportation Department IITD) was fine with that. If you can have U-turns at the light, you can address people coming out of Sunrise Road and they won’t have to access around the travel plaza. That was a no brainer. Ms. Nelson commented on one of the options was to leave Sunrise Road alone and having met with ITD to discuss options. A traffic impact study was done by the Tribe for accessing the highway. ITD reviewed the study and it warranted a traffic signal. If the signal was at Sunrise Road or Tobe Way, Sunrise Road would have to be a right turn in and right turn out. ITD had quoted Idaho Code and IDAPA rules that need to be met with regard to approach lengths between signals. The traffic study warranted a signal and it was wanted at a certain location because of the hill. The new approach for the proposed Dollar Store is also a permitted right turn in and right turn out. The proposed signal designates what our county road can be, because ITD has to allow access to the highway just like the county has to allow access to parcels. The study was done by the Tribe last summer. Dennis Weed said the study was done last August. ITD code allows for a U-turn and the ITD traffic engineer stated it’s allowed. Chairman Bertling said there is enough room. Commissioner Robertson said that it’s dictated by the state. A member of the public said if it’s dictated, the state already allows this. Ms. Nelson said the turn lanes have to be designed for speed and that is a question she asked. It’s not only the travel plaza as they just dealt with Homestead Loop, so they’re asking ITD for their thoughts of reducing speed to 45 miles per hour. A member of the public commented on the study being done last summer. Mr. Ryan said last week when ITD was here for a meeting there were six options, but now we’re talking about two options. Mr. Ryan made comments about the 45 mile per hour speed limit and having talked to ITD about it. ITD had imposed a 45 mile per hour speed limit at the golf course, then also Highway 2. Now, it’s increasing to 55 miles per hour as you’re heading down the hill. Mr. Ryan said he asked ITD how to justify 55 miles per hour when you have lights, another light and then head downhill, then reverse it coming back up to reverse it at the light. Mr. Ryan said he questioned why not commit to 45 miles per hour and ITD couldn’t give a good answer. ITD said when lights are put in, he’s sure they’ll change the speed limit to 45 miles per hour. Chairman Bertling said we’re talking about how to provide access; the 45 mile per hour speed limit will come, but we cannot address that now. Chairman Bertling said the county cannot deny access; we have to have options so we’re trying to determine the best access. A member of the public said there is a right turn in and right turn out, but does David Thompson Road also have to have a right turn in and right turn out? Chairman Bertling said that is up to ITD. Mr. Ryan said we’re talking about something that has no common sense. Option 4 is the kick the can down the road solution. Ms. Nelson said ITD reads Idaho Code and IDAPA rules for speed limits, signalized intersections and distance between approaches. Ms. Cooper asked if conversation could be kept to the topic of access. It was said that ITD is responsible. Mr. Byler said there are options that are good that haven’t been discussed. There could be another access that would leave Sunrise Road alone. A member of the public said he was initially told the Tribal property was put in quite far back, because there was going to be a frontage road, but the project is almost in the center of the property. Their access could move a bit and everybody would be happy. A member of the public asked if there is a grandfather clause? A member of the public added that now the Tribe can just buy a piece of property and we all know have to conform. Ms. Nelson said the Tribe has been working on this project for over a year. Ms. Nelson added that the proposal the Tribe has offered is a county road, a permanent easement, so people are not driving through sovereign land and she provided locations of other similar examples. If ITD chose to, they could close Sunrise Road. If the Tribe had a light put in and if they have access to the highway on their own property, it has to be on Tobe Way. There is no option to leave Sunrise Road alone. Ms. Nelson said Road and Bridge is also located on Sunrise Road and they’ve already seen an existing problem when a truck turns the corner, it can’t stay in its own lane. The logs that come out of Caribou Creek Log Homes and the trailers from Circle B are all across the lane. So, we’re looking at accesses and approaches that would alleviate that, but it is also under the rules of ITD.

Mr. Winey referenced IDAPA rules and commented when a study is needed. There is discretion in that ITD can change these distances. If they put a light in where they want, it’s almost a 30% change. If they’re going to use IDAPA, it almost falls within the guidelines. Mr. Winey said if they have a light at Tobe Way, it’s a 30% reduction in distance that is allowed. Mr. Winey said we’re talking about IDAPA rules being a set amount. They say only right turn in and right turn out, because it’s 850 feet away, which falls under IDAPA 39. Mr. Winey said he understands the county doesn’t have anything to do with that, but if they are following IDAPA, it’s not true. Chairman Bertling said the wishful thinking is to get the light in, lower the speed limit, then petition the state to have a left turn out. The state wants something they know will work. Mr. Winey asked why the state puts it on the county to make that decision. Commissioners should only be concerned with the county. Chairman Bertling said he wants to be able to make a decision. Commissioner Robertson said if we don’t do anything, the light will likely go in to a roundabout and the state will still make it a right-hand turn. Commissioner Robertson said he doesn’t like it either. Ms. Norris asked if this is typical for the state or is it because of the Tribe. Chairman Bertling said someone could be building a Hallmark Store there and it would still be the same. Commissioner Robertson said this is dictated by the state and it’s still true. If the county does nothing, the light will still go in, etc. Mr. Morris said what started this was an approach off of Great Northern Road. A member of the public asked if anything can be done to say we’re not going to shut down Sunrise Road. Ms. Nelson said the development on property and the traffic study that was done warrants a signaled intersection. Development has to be allowed on that property and the traffic study warranted a signal. David Byler questioned why not consider Option 5, the frontage road. Commissioner Cossairt said there isn’t enough room for trucks to line up for the highway. Ms. Cooper added that it is an unsafe turning radius. A member of the public asked about access coming off of Highway 2. Mr. Morris said there is no access from Highway 2. Ms. Nelson added that they also had asked because of the county airport property. Mr. Schrock asked about a turnaround. Chairman Bertling said ITD won’t allow big roundabouts on Highway 95. Mr. Schrock asked if there is anything they can do to keep Sunrise Road the way it is. Chairman Bertling said his thought is if going along with Option 2 with a U-turn, that will suffice a lot. The county will have a permanent easement through to help get citizens out. A member of the public said for Sunrise Road and Great Northern Road, it’s nuts. Chairman Bertling said if there is a right turn in and there is a U-turn at the light, then it is safe. Ms. Norris asked if the state takes county ordinances into consideration. Chairman Bertling said no, and that is why Commissioners have to say shutting Sunrise Road off is completely unacceptable. A member of the public mentioned his business has customers from Canada and they won’t be able to see his sign. A member of the public stated that Commissioners were voted in to be the face for the public. Ms. Nelson said ITD commented that they have their rules. Mr. Ryan said there are homes and businesses there. If a driver misses the light, the only way to gain access is to go all of the way down the road. It was mentioned that COVID was shutting down US highways and we can’t ever look at doing that. The Tribe is appreciated for letting people use the road, but people need to keep their access. Chairman Bertling said we need to lower the speed limit.

Ms. Nelson said they still need to have safety first to let everyone in and out. Mr. Ryan said the big risk that the state thinks is there, isn’t there. Mr. Ryan said he feels there isn’t a strong enough voice. Ms. Nelson said in all fairness, if the Tribe hadn’t done this project, Road and Bridge would have had to look at this area next and she spoke of how many drivers will run the stop sign at Great Northern Road. A member of the public said they fully support the Tribe’s project, but this is illogical. Ms. Nelson said this is trying to be proactive. A member of the public asked if a light at Tobe Way is going to be an exception to IDAPA rules. Chairman Bertling said that is an ITD question. Ms. Norris questioned what Representative Sage Dixon and Senator Scott Herndon said and Commissioner Robertson said he spoke to Representative Dixon. ITD would not come to this meeting. Ms. Cooper asked if the meeting could get back to the topic of the Tribe’s access and not ITD’s rules. A member of the public said this will affect their business. Commissioner Robertson suggested contacting the state representatives. Mr. Byler asked Mr. Cummings if the option of a left and right turn at Sunrise Road was ever put before ITD. To leave Sunrise Road alone and put the light at Tobe Way. Mr. Cummings commented on Option 4, which was to leave Sunrise Road alone, based on comments received, but ITD would still restrict that intersection if they went with Option 4. Mr. Cummings said that was based on a traffic study done by another consultant so he cannot speak to that. Chairman Bertling said if they went by ITD’s rules, ITD would say drivers are going too slow and they need to raise the speed limit. It took ITD years to lower the speed limit by the golf course to 45 miles per hour. Chairman Bertling said there is nothing more he can put on the table. A member of the public asked if there an option that includes a turn lane to turn left onto Sunrise Road coming from the north? Ms. Nelson said there is and Mr. Cummings said yes, it’s a three-quarter restriction. Coming out of Sunrise Road, you cannot go straight and you cannot go left, but coming southbound, you can turn left onto Sunrise Road. Drivers heading south can turn left onto Sunrise Road. Commissioner Robertson questioned if that alleviates some fears. If the only thing restricted is a left turn from Sunrise Road onto the highway and going straight across. Ms. Nelson said that is in Option 2. A member of the public commented that it’s like Ponderay. Commissioner Cossairt said it’s growing pains. A member of the public asked about turning left or heading across the highway from David Thompson Way and Mr. Cummings commented about potential conflict points. Commissioner Bertling said this discussion won’t have anything to do with a right turn out of that.

Ms. Nelson said Road and Bridge’s recommendation, as the safest solution, is Option 2. Ms. Norris asked what the Tribe wants. Ms. Nelson said ITD felt Option 2 was the safest option as well. It was said there are two options on the table that Commissioners will decide on. Mr. Cummings explained the options. Option 2 has a light at the intersection. If you’re heading south on Highway 95, you can turn left at Sunrise Road, go straight or take a right turn, but coming out of Sunrise Road, you can only turn right. We’re talking about the U-turn at the light, but for trucks it is providing safe access around through the Tribal land through an easement the county would maintain, and they would be able to turn left heading south bound with this Option 2. Mr. Cummings said Option 4 is basically the same thing, but without the loop. You still have a light and ITD can still potentially restrict the intersection further south. Option 4 would give the Tribe access, and it would leave Sunrise Road and Great Northern Road alone; no pavement or anything. A member of the public asked about Sunrise Road being shut off if choosing Option 4. Mr. Cummings said you wouldn’t be able to go straight out of Sunrise Road or go left. You would still have to drive north up to the light and turn around and you wouldn’t have the safe option for trucks to drive around the site. Ms. Norris asked who is paying for the easement? It was said the Tribe will build a road and make Great Northern Road an all-weather road. Mr. Byler asked if it’s possible to have a sign that lists the businesses and how to start that process. It was said that signage would up to ITD.

Commissioner Cossairt moved to select Option 2. Commissioner Robertson suggested an addition to the motion to have a determined permanent easement when the new road is built. The motion died due to lack of a second.

Commissioner Cossairt moved to amend his prior motion to select Option 2 and to also have a permanent easement determined when the new road is built. Commissioner Robertson second. Motion passed unanimously.

The meeting ended at 5:07 p.m.

5:07 p.m., The meeting recessed until tomorrow at 3:00 p.m.

***Wednesday, April 5, 2023 at 3:00 p.m., Commissioners met in special session with Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

Cory Trapp with Longwell + Trapp Architects and Parks and Recreation Board Chairman Rob Tompkins also joined the meeting.

3:00 p.m., Commissioners held a meeting for the bid decision for the Parks and Recreation restroom/concession stand project. Present were: Chairman Tim Bertling, Commissioner Wally Cossairt, Commissioner Ben Robertson, Clerk Glenda Poston, Deputy Clerk Michelle Rohrwasser, Cory Trapp with Longwell + Trapp Architects, and Parks and Recreation Board Chairman Rob Tompkins. The proceedings were recorded.

It was recommended that Commissioners reject the bids received for the Parks and Recreation restroom/concession stand project. Mr. Trapp explained why the bid from B.F. Builders was high. If the county had a concession stand that was just roughed in, it could save approximately $100,000.00, but it still doesn’t get the project within budget. To get within budget, Commissioners could take the concession stand portion of the project off the table in such a way that it could be added in the future. That would save approximately $300,000.00 to $325,000.00 to get the project back within budget. The project could still include lighting for the parking lot. Commissioners need to reject the current bids then go out for new bids. Mr. Trapp said he will redo the plans. He can put in the waste lines for the two sinks, potentially. It’s the simplest way to do it. Commissioner Robertson said he would prefer to leave that part out completely since it might be better off to build a separate concession stand. Chairman Bertling said they could stub in for a later build and they won’t need to stub in other plumbing. If a concession stand is ever built, it will have two floor drains. Commissioner Robertson asked if metal siding would help bring the cost down. Mr. Trapp said yes as $70,000.00 was the cost for masonry, but metal siding will probably only save $25,000.00 to $30,000.00. The county won’t get as durable a building with metal siding; it could get dented. Wood siding changes the roof structure to just trusses instead of beams. Chairman Bertling said to take the concession stand out. Mr. Trapp said ADA parking spaces and other items will still be included. It will be approximately two weeks before Mr. Trapp will have a new design and invitation to bid. Those present discussed other material changes that would help to save cost.

Commissioner Cossairt moved to reject all current bids for the Parks and Recreation bathroom and concession stand project. Commissioner Robertson second. Motion passed unanimously.

The bid decision meeting ended at 3:10 p.m.

Mr. Trapp left meeting at 3:11 p.m.

Commissioners asked Mr. Tompkins about purchasing a food trailer for use as a concession stand. Clerk Poston asked what the intent is for use of the left-over funds. There had been discussion about the restroom project being covered by ARPA funds, but now the concession building is in question. Commissioner said the new bids for the restroom will come in and then they can work on the food trailer.

The meeting with Mr. Thompson ended at 3:30 p.m.

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

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DAN R. DINNING, Chairman

ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk