***Monday, January 16, 2023, Commissioners did not meet due to the Human Rights Holiday.

***Tuesday, January 17, 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., 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 said Road and Bridge is getting signs ready for future road closures, but it is supposed to get cold again. Ms. Nelson discussed listing possible upcoming road closures on the county website so the public will start preparing for it.

Ms. Nelson said the finance documents for the 966 Caterpillar wheel loader are not ready so Commissioners will continue this to next week’s agenda. Ms. Nelson commented on the need to pay the final payment on the 972 wheel loader that will get traded in on the new 966 wheel loader. The payoff is approximately $47,000.00.

Commissioner Cossairt moved to pay the final payment of approximately $47,000.00 for the 972 wheel loader. Commissioner Robertson second. Motion passed unanimously.

Alta Forest Products has provided their traffic study for the Stagecoach Road and railroad crossing project and it is under review, according to Ms. Nelson.

Commissioners discussed a suggestion for Road and Bridge to have a social media presence so they can post information on road closures and projects. It would be a no reply site that would provide information only. Chairman Bertling said it comes down to staff having the time to do it and not getting pulled away from other work.

The meeting with Ms. Nelson and Mr. Morris ended at 9:27 a.m.

Commissioner Cossairt moved to approve Commissioners’ meeting minutes for the week of January 2, 2023. Commissioner Robertson second. Motion passed unanimously.

9:30 a.m., County Civil Attorney Tevis Hull joined the meeting.

Attorney Hull and Commissioners briefly discussed various matters to include a request made by a community member to lease a small piece of county property near Porthill for a community garden, the matter of county advisory boards going into executive session and still working on the cease and desist matter pertaining to use of the county seal. Also discussed was the Fair Board’s by-laws and after affects of recent flooding in the Courthouse basement due to a broken toilet.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel #MH62N02E089100A and to accept the tax amount due by February 2, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel #MH62N01E255710A and to accept a payment of $200.00 by January 30, 2023, and to pay the remaining tax amount due by February 15, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel #MH60N01W23470AA and to accept the tax amount due by February 10, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to grant an extension of time to pay year 2022 taxes for parcel #MH003400010090A and to accept the tax amount due by January 27, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation Form for tax year 2022 for multiple parcels as follows: RP63N02E141600A totaling $8.68, RP61N01E040571A totaling $11.87, RP61N01W247815A totaling $7.80, RP61N01W247814A totaling $10.52, and RP65N01W254810A totaling $16.93. Commissioner Robertson second. Motion passed unanimously.

Boundary Ambulance Service Chief Jeff Lindsey joined the meeting via conference call at 9:59 a.m.

10:00 a.m., Commissioner Cossairt moved to recess as the Boundary County Board of Commissioners and convene as the Boundary County Ambulance Service District Governing Board. Commissioner Robertson second. Motion passed unanimously.

Commissioners asked Chief Lindsey about insurance for the new ambulance unit and Chief Lindsey said he would send a copy of the proof of insurance to them.

Clerk Poston mentioned that it takes two signatures to sign checks for the Ambulance Service, which consists of one Commissioners’ signature and the other signature is hers.

Commissioner Cossairt moved to select Chairman Bertling as the second signer on the account for the Boundary County Ambulance Service District Governing Board. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to approve the Boundary County Ambulance Service District Governing Board meeting minutes of December 19, 2022. Chairman Bertling yielded the chair to second. Motion passed unanimously.

Chief Lindsey provided a brief update for Boundary Ambulance Service and he said business is good. The new ambulance is in service in Boundary County as of today. The garage bay behind the Courthouse that Boundary Ambulance Service used to occupy is now cleaned out and Chief Lindsey said he appreciates his staff for that hard work. Chief Lindsey informed Commissioners that Boundary Ambulance inadvertently sent an invoice to the Sheriff’s Office for CPR training they received by Boundary Ambulance Service, but they won’t charge any county department for this training, with the exception of having a county department paying the cost for the certification cards.

Chief Lindsey said he appreciates the county support in purchasing the new ambulance.

Chief Lindsey ended his call at 10:07 a.m.

10:07 a.m., Commissioner Cossairt moved to adjourn as the Boundary County Ambulance Service District Governing Board and to reconvene as the Boundary County Board of Commissioners. Commissioner Robertson second. Motion passed unanimously.

Commissioner Robertson moved to sign the Agreement for Maintenance Services with Valence Mission Critical Technologies dba Valence Inc. for the Sheriff’s Office. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Cossairt updated Commissioners on Selkirk-Pend Oreille Transit Authority’s (SPOT) purchase of new buses, but due to a price increase, SPOT is looking for a support letter for their grant application to cover this increase cost.

Commissioner Cossairt moved to authorize Chairman Bertling to sign letters of support for SPOT in their efforts to obtain a grant when the documents are approved by the county civil attorney. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Joint Powers Agreement with Selkirks-Pend Oreille Transit Authority (SPOT) once the document is ready. Commissioner Robertson second. Motion passed unanimously.

Commissioners addressed a county employee’s request for additional time to use vacation hour overage.

Commissioner Bertling moved to approve the extension of time to use vacation hours for a county employee to be used by July 1, 2023. Commissioner Cossairt second. Motion passed unanimously.

Commissioner Robertson moved to sign the Idaho Department of Lands Report of Inspection regarding pre-season meeting/annual operation plan meeting for the Land Use Permit for Boundary County snowmobile grooming. Commissioner Cossairt second. Motion passed unanimously.

Commissioners continued their review of the contract with Innovate! Inc. for assistance in the Planning and Zoning Office to next week.

11:00 a.m., Treasurer Jenny Economu joined the meeting to provide a quarterly report on county accounts and those present reviewed the accounts and interest rates.

Treasurer Economu informed Commissioners that when comparing year, the tax collection for year 2021 to this past December’s collection, for the prior year 37.73% was still due to be collected after the December tax collection and this year, 38.2% is still owing for the 2022 December tax collection.

Commissioner Cossairt moved to approve the Treasurer’s Office quarterly report of county accounts dated December 31, 2022. Commissioner Robertson second. Motion passed unanimously.

11:10 a.m., Treasurer Economu left the meeting.

Commissioners tended to administrative duties.

11:30 a.m., Commissioners and Clerk Poston met at the former North Idaho College building to discuss proposed office space layout.

Commissioners recessed for lunch.

1:30 p.m., Commissioners met 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., Commissioners held a public hearing to consider Road and Bridge Road Standards Variance Application #4-2023 for Applicants James Byler and Jennifer Nylander as it pertains to a proposed 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, Jonathan Hanson, Cameron Smith, Kelly Stanford, Adrienne Norris, Trevor Schneider, Darlene Schneider, Applicants James and Elida Byler, and Jennifer Nylander with HSC Development, Shane Florea, Lynda Fioravanti, and Michael Freidin and Paul Marcinko with Jade Consulting. The hearing was recorded.

Chairman Bertling reviewed aloud the public hearing procedures to follow.

The application is for a variance to Road Standards Ordinance 2020-2 as it pertains to an approach location on Homestead Loop, parcel #RP62N02E145551A. Commissioners stated they had no conflict of interest.

Commissioners asked for a staff report. The application is for an approach on Homestead Loop and is requested by Applicants James Byler and Jennifer Nylander with HSC Development, who represents Tractor Supply Store. The project’s approach location does not meet Boundary County Road Standards Ordinance 2020-2. Road Standards Ordinance Section 3.3.B, sets a 330-foot for distance from an existing access or the intersection or two public road rights-of-way on collector or arterial roads, and 200-feet for distance from an existing access or intersection of two public road rights-of-way on local roads. Homestead Loop is a minor collector route so the 330-feet distance requirement applies. Road Standards Section 3.3.F., sets sight distance for new approaches entering arterial, collector or local access roads at a minimum of 300-feet and a minimum sight triangle of 40-feet. Ms. Nelson said page 2 of the application packet shows an aerial view of the vicinity. Ms. Nelson reviewed the analysis factors that Road and Bridge considered. The parcel size is 5.99 acres. The proposed use for the approach is a shared approach with two proposed uses as follows: a secondary approach to the proposed Tractor Supply Store and to provide another access to an adjoining parcel. Ms. Nelson said Mr. Byler plans to divide this parcel through the Planning and Zoning process depending on access approval first and this particular approach would provide access to this new parcel. The zone district designation is commercial/light industrial, but it’s not certain what this parcel will become. The surrounding zone district designation is commercial/light industrial for which there is no density minimum, but it has to be sufficient to accommodate the use and level of services necessary; and rural residential, which has a 5-acre minimum density. The surrounding land uses are a mix of residential, commercial, industrial, and agricultural. Parcels and lots range from 0.487-acres to over 30-acres. Planning and Zoning identified zoning overlays and the airport overlay area was identified. There are no wetlands, the area is not within the city area of impact and there is no flood hazard.
Ms. Nelson said the two sections being considered is Section 3.3.B., where no new access can be closer than 330-feet and to verify there is sight distance and sight triangle. The proposed access is 76-feet south of 157 Homestead Loop. The proposed approach is located 339-feet north of the proposed primary approach listed in Variance Application #5-2023. This proposed approach is 293-feet north of a previously approved approach at 87 Homestead Loop. Ms. Nelson listed the options for Commissioners to consider when rendering a decision. Road and Bridge would recommend a shared use approach farther south on the parcel. The approach width could be wider than the 28-feet shown on the drawing and it would provide one designated approach onto Homestead Loop. The average daily traffic count was 686 in year 2019. There is 300-feet of sight distance both north and south and the 40-foot sight triangle can be achieved. A traffic impact study could be required, but doesn’t seem warranted, according to Ms. Nelson. The topography and geography around the variance location on Homestead Loop are straight and then it turns to the north and east. Geography is residential and subdivisions with some agricultural land. Exhibit 2 of the application packet shows driveways in the area. The road is a chip sealed roadway with a speed limit of 35 miles per hour.

Ms. Nelson said she did receive some public comment, which is included in the information packet shown as Exhibit 5 and Road and Bridge was able to reply to the comments that pertained to their department.

1:40 p.m., Mr. Freidin and Mr. Marcinko with Jade Consulting joined the meeting via conference call. It was explained that Jade Consulting is the representative for the applicant.

Ms. Nelson updated Mr. Freidin and Mr. Marcinko on the process. It was said this road is not designed for high volume traffic; it’s a collector road and they’re designed to provide mobility at slower speeds. Collector roads balance mobility with land access and Homestead Loop provides access to all of the side roads off of it, such as traffic from Moon Shadow Road, as well as Hillcrest Road and roads that have access from Hillcrest Road. Comments from staff were also received regarding the application. Planning and Zoning stated the parcel is zoned commercial/light industrial. The applicant applied for a conditional use permit and it was approved and contained conditions including approved approaches and an application for a proposed land division. The Tractor Supply Store was a permitted use and would not have to require a conditional use permit, except for the square footage. The airport representative provided comment to Planning and Zoning. The Addressing Coordinator was concerned about the approach being too close for line of sight, which does have sight distance. If this application is approved, the address will be updated, voiding the address assigned with Application #20-0170. The Assessor’s mapper did not provide comment.

Ms. Nelson said Road and Bridge does have comments and points for consideration. Road and Bridge recommends a shared approach at a point that is 330-feet north of the centerline of Hillcrest Road. Ms. Nelson explained that if the approved location was at the 330-foot mark, the approach could be used for all ingress and egress for Tractor Supply Store and the property that Mr. Byler would retain. Since Road and Bridge doesn’t know the proposed use of the new parcel being retained, this would keep traffic to one approach and make a central approach location. Homestead Loop provides access to residents, a church, a school and agricultural enterprises. There is a 28-foot approach requirement minimum for commercial approaches. If the approach was at 330-feet, it would be allowed to be 45-feet wide so both trucks and vehicle traffic could use the same approach. Ms. Nelson said the applicant could have another approach further south of this proposed approach, which is 76-feet from the address of 157 Homestead Loop. Road and Bridge knows this would take some reconfiguration of the Tractor Supply Store. Per the drawing submitted with the application, the proposed approach would be shared by Tractor Supply Store and the new Byler parcel. The proposed approach associated with Variance Application #5-2023 has potential future cross access. Once the Homestead Loop approaches are approved, Road and Bridge no longer has jurisdiction over use so they’re trying to be proactive for the use of Tractor Supply Store and for the best safety measures with the least impact on traffic. Commissioners had no questions.

Chairman Bertling asked the applicant for an opening statement. Jennifer Nylander introduced herself as representing the developer and added that her company is the preferred developer for Tractor Supply Store. Ms. Nylander said the plan has been under consideration with the Bylers for some time and they’re under contract. Mr. Byler will subdivide the property and the Bylers will retain two-acres. Mr. Byler had no comments to add. Ms. Nylander explained that the project engineers are who are on the conference call. Mr. Byler said one reason for the north approach is that he needs water access from Three Mile Water District so he is going to own the two-acre parcel of land and the road right-of-way on the north side all of the way to Homestead Loop since Three Mile Water District requires 30-feet of access. Ms. Nylander said the north drive is intended to remain on the Byler property for water service. Tractor Supply Store is unable to obtain the water service based on the needs for fire suppression so they will have a pump and a fire tank on the side and won’t be connected to water at all. Tractor Supply Store will dig a well.

The hearing was opened for public comment. Ms. Fioravanti asked if she could see the plan for the approaches. Commissioners asked for comments from those in favor of the application. No one spoke. Ms. Norris asked what the goal is for water retention for runoff and also for sewage. Ms. Nylander said they have a proposed storm drainage pond at the intersection of Homestead Loop and Hillcrest Road to collect water and snow from both the potential store and the retained property. Mr. Marcinko added that in this plan the stormwater management area is to the south of the parking lot. There is a slight slope to the south and this is the most logical location for that stormwater pond to collect runoff, otherwise water would have to be piped to flow to a pond. It was said the calculations for that have not been completed, but once the driveway locations are approved, they can proceed with the design of a stormwater management area. Ms. Norris asked if there is adequate parking and handicap capability. Ms. Nylander replied that they are meeting the parking lot requirements and they will have three or four handicap parking included in the plan.

Commissioners asked for public testimony from those neither in favor or against the application. No one spoke.

Commissioners ask for public testimony from those opposed to the application. Cameron Smith, 157 Homestead Loop, explained that he purchased his property on September 15, 2022. Notification of the Planning and Zoning application was sent out on October 5th, but the county hadn’t updated his deed information correctly so he was not given notice that he could voice concern over this. Mr. Smith said he is currently pursuing all legal means to have that corrected as well as having the matter re-reviewed. Mr. Smith voiced his chief concerns about the approach and he mentioned that people he’s talked to commented about how we can increase the revenue for the county, in addition to the considerations for the public. Mr. Smith said as far as safety, the road is used for recreation, walking dogs, riding bikes, and there are kids, so increased traffic is a safety hazard. This will decrease property values all the way around there and he commented about the jobs being generated will not be very high paying so taxable revenue will be minimal. Boundary County does not have a tremendous number of employees to give to this type of operation so most employees will likely come from Montana, in which case Boundary County will not benefit. Mr. Smith said his property will have semi traffic in his backyard. He stated that he does realize when he bought his property that a business could be there, but he would rather it be a local business and supporting local people instead of a large corporation. Mr. Smith mentioned how this was brought about seems somewhat surreptitious, because how much time was given out to make public comment was fairly limited. The way the county has dropped the ball on letting residents know this is taking place doesn’t allow the public adequate time to rally considering that people have to go to work so they’re not able to comment.

Ms. Fioravanti asked what kind of wall would be built between Mr. Smith’s house and the business. Mr. Marcinko spoke of a cross access and there being a 20-foot water easement that runs along the north side of the property that they cannot build within. There will be a retaining wall on the south side of their property. The site is lower than the property to the north. Mr. Marcinko said it’s a possibility to put a fence between Mr. Smith’s property and there would be a 20-foot easement as well. Ms. Nylander said they can certainly put in a landscape buffer or fencing buffer. There will be a 20-foot access road flag lot dividing the Tractor Supply Store property were the building ends, 20 feet of road, some kind of buffer and then the neighbor’s property. Ms. Fioravanti asked if they knew if it would be a wood fence or cinder block. Mr. Nylander commented on preferring to do some kind of treated fence. Mr. Smith said he was planning on using the south facing side of his property for solar so if there is going to be a privacy fence, he would not be able to do solar. Mr. Smith said presumably this business will hurt other local businesses that already have duplicate inventories. Chairman Bertling said Commissioners are not here to address that. Ms. Nylander said it’s their intention to be good neighbors and there are times they tend to over landscape in order to be good neighbors so they will certainly do what they can. Ms. Norris said she doesn’t trust corporations. Mr. Florea said he owns North Idaho Collision and he has signage on his building that you can see from Highway 95 so he’s curious where the new building might sit so it doesn’t block his sign. Ms. Nylander explained that Mr. Byler has retained the front 2-acres of the parcel and the Tractor Supply Store is further away from the road. Ms. Nylander said she doesn’t think Mr. Florea will have visibility issues.

Mr. Hanson asked if there is a reason why the applicants don’t access traffic from Highway 95. Ms. Nelson said the Idaho Transportation Department (ITD) sent a letter to Road and Bridge that they had also sent to Mr. Byler in year 2020, and it listed four current reasons why ITD will not allow that access to Highway 95. All access had to come off of Homestead Loop. Ms. Nelson added that she inquired if there had been any changes or if there were other options and ITD said no. The little apron that is on the highway will be removed so there is no option, but to access the parcel off of Homestead Loop. Mr. Hanson said in the report the calculated traffic on Homestead Loop was 686 trips per day. Mr. Hanson asked about Hillcrest Road as this will affect traffic at that intersection since a lot of traffic goes to the dump. That can affect access in addition to snow removal. Mr. Hanson said it took over one week to get Homestead Loop cleared of snow during the last storm. If you plan on increasing traffic, it increases the risk when this is not being looked at. Mr. Hanson clarified that he is neither for or against the proposal, he’s just concerned since he does live near there and he has kids that go out to Homestead Loop and there are no sidewalks. If the variance is granted, things like this should be considered, required or adjusted to be done safely. Ms. Nelson said in year 2019, the traffic count for Hillcrest Road was 1,138, however when doing traffic counts, because of the intersections, they can’t determine how many cars are going onto the highway, Hillcrest Road or Homestead Loop.

Ms. Fioravanti said she’s trying to understand the project and she asked if Mr. Byler wants to separate the property into two or three parcels. Ms. Nylander explained the proposed layout to Ms. Fioravanti.

Ms. Norris said if the variance is approved, she would recommend that Commissioners add the stipulation that there is a buffer between the residential and she added that she would like to see it in writing. Ms. Norris added that she saw this happen in Spirit Lake where she moved from in which a storage unit moved in and the owners verbally said they would put a fence up and two years later there was still no fence and a child was injured. It would be nice to have that in writing. Chairman Bertling said you then have someone who says they don’t want a fence because they’re going to put solar in so we’re going to have that fine line between how high are we going to go with a fence or privacy screen. Ms. Norris said she doesn’t want to get that detailed, but she does get concerned when there is residential next to commercial as there tends to be traffic and unnecessary foot traffic going onto private property. Ms. Norris addressed Road and Bridge and said she understands they don’t want to plan for the future, but did they consider doing a frontage road all of the way to the travel center? Ms. Nelson said variance hearings are very specific and this is for this northern request off of Homestead Loop and anything on the opposite side of the highway is a whole other issue. Ms. Norris said she understands, but as a person who plans on living here if we don’t plan for the future, it is known the travel center is coming in. Chairman Bertling said that is on the other side of the road and Commissioners are not addressing that today. Ms. Norris said the county is trying to determine access to the travel center. Chairman Bertling said that is a different issue; this is for the Tractor Supply Store. Chairman Bertling added that we don’t even have the information on that. Chairman Bertling and Ms. Nelson said that topic is not on the agenda to discuss. Ms. Norris questioned why it is not on the agenda when we should be planning for the future. Chairman Bertling said it is two different issues. Ms. Norris said lack of future planning is going to mess this county up. Ms. Nelson replied that this was some of the consideration points and recommendations from Road and Bridge. When they write the staff report, Road and Bridge requests comments from other departments, such as Planning and Zoning’s comments. Jurisdiction is per department, so for the conditional use permit and what can be done on that property, that is up to Planning and Zoning and Commissioners. Road and Bridge has jurisdiction over road approaches as far as rights-of-ways. Ms. Norris asked if the county has an engineer who is creating a future plan since we have had a lot of growth. Chairman Bertling said we do not. Ms. Nelson said there is no engineer, but we have a county transportation plan and the Capital Improvement Plan and engineers are hired as they plan ahead. There is also an economic development director.

Mr. Byler said when it comes to commercial use, the land is commercial and it is for commercial use and trucks will come in regardless. He bought the property with that knowledge so to deny truck access and to deny rightful access to the property…it’s not commercial if it’s not given commercial facilities. If trucks can’t get in and out then this should’ve been residential property, but he bought it with commercial in mind and he has a right to have legal and current accesses to the property. ITD doesn’t want to allow access from Highway 95. With the changes that are developing on the other side of the highway with the service station going in, maybe ITD will allow access eventually. Mr. Byler said he does have another application, but now is not the time to work to that. From that side of the property, it doesn’t have the right and left turn lanes and he would have to pay whatever the cost is to put in those two lanes so now access is back to Homestead Loop. Mr. Byler said he can’t just have an island of land there that is nothing. He bought the land for commercial use.

Mr. Smith asked if Commissioners would take any additional consideration of the additional signatures that he provided that were from other people who were in opposition to this application as part of the decision-making process. Chairman Bertling said yes. There were 25 signatures.

Commissioners closed the hearing to further testimony and held discussion amongst themselves.
Commissioner Robertson said in the past there have been similar businesses on a smaller scale and with the smaller mom and pop stores we were able to support them. Commissioner Robertson said as far as the potential of hurting other businesses and the wage concerns, his view is that having this job is better than no jobs. For decreasing property values, there is a difference. If this property is zoned commercial, it’s generally worth more than residential so Mr. Smith’s property value could increase so he feels the opposite is likely true. Commissioner Robertson said revenue for the county is of zero concern to him in this regard. Mr. Smith said he understands that all jobs are good jobs, but if you look at the cost of living in Bonners Ferry, is $15.00 per hour job going to allow someone to own a house or be successful in life? Ms. Fioravanti said that’s a high wage for Bonners Ferry. Mr. Smith said he moved here from Colorado and this community reminds him of his old community 25 years ago before large corporations came.

Commissioners opened the hearing back up to public testimony.

Mr. Smith said where he came from suicide is now 10 times the national average, small businesses don’t really exist anymore, so opportunity for people for upper mobility is very limited. Mr. Smith said he understands that land is zoned commercial and he has no problem with commercial going in there, but it’s more of what type of businesses are we inviting to Boundary County and who is owning them and that will decide the fate of this area. Mr. Smith said he’s not looking at his house as an investment so he can move out and pocket the money; he would like to live here and open the kind of business that allows people to afford a house and not just rent.

Commissioners closed the hearing to further testimony.

Commissioner Cossairt asked for the county’s proposal. Ms. Nelson said Road and Bridge would like to see a shared approach further to the south at the 330-foot mark. Ms. Nelson added that she was not aware of the water issue, but did know the property has to touch the road.

Chairman Bertling said he knows there was the comment about businesses coming in, but as a Commissioner they’re also here to protect the county against litigation and we can’t just say, we don’t want this and not allow it. Mr. Smith said he understands, but if the county didn’t follow the process to notify him and there was a clerical mistake and he chooses litigation, how does that work. Chairman Bertling said everyone within 300 feet should’ve been notified. Mr. Smith said he had already talked to Planning and Zoning and they understood that there was a mistake that was made. Commissioner Robertson said that doesn’t have anything to do for the variance for the road. Ms. Nelson said the notice for the conditional use permit was mailed out to people within 300 feet of the subject property. According to Mr. Smith and Planning and Zoning, Mr. Smith didn’t receive the notice, but Planning and Zoning said they mailed the notice to the name they have on record. For the Road and Bridge Standards variance hearing, Road and Bridge sent Mr. Smith and everybody within 300 feet a notice. Mr. Smith said he would corroborate that. Ms. Nelson said for the road standards variance, the people who should’ve received notice, based on the Assessor’s information, received it. Mr. Smith is questioning the notices sent out by Planning and Zoning for the conditional use permit. Mr. Smith said he already confirmed with Planning and Zoning that where they sent the notice to was incorrect and he will pursue that to the fullest extent.

Commissioners reopened the hearing to public testimony.

Mr. Schneider everything on the eastside of Homestead Loop is already zoned commercial and you can still have residential in commercial zoning. The chances are good that everything will be commercial on that east side of Homestead Loop eventually. Commissioner Bertling said he would like to table this hearing until Monday at 2:30 p.m. to get more information.

Commissioner Cossairt moved to continue the hearing to January 23, 2023, at 2:30 p.m. in Commissioners‘ Office to allow further consideration of the proposed variance or to allow review and approval of written findings and decision. Motion died for lack of a second.

Commissioner Robertson stated he would like to ask more questions. Commissioners opened the hearing back up to comments. For the road to the north, can Commissioners stipulate that a fence would be required? Chairman Bertling said yes. Ms. Nylander said Mr. Smith had commented that he didn’t want a fence. Commissioner Robertson said there is no way to make everyone happy. Mr. Smith said we could talk about that, but if there is a requirement, he doesn’t want it.

Ms. Nylander asked what further information could she provide. Chairman Bertling said it would be nice for Commissioners to see some options for the barrier. Mr. Morris asked if Commissioners can control what happens outside of the county’s right-of-way and putting a fence along there as far as the variance is concerned? Chairman Bertling said Commissioners can make stipulations for that and where the waterline is going to be. Mr. Morris asked if the waterline can connect somewhere else, such as an easement across the middle? Ms. Schneider said you have to have ownership of where your line goes; not just an easement. Ms. Nylander said there was no other location for their engineers to do this, because they had to give Mr. Byler direct access, but the service can’t run through the Tractor Supply property. Mr. Byler said he’s not sure how the Tractor Supply Store is going to do elevations on the property and that is critical for the variances and right-of-way. It is Mr. Byler’s understanding that the upper road where water will be taken is lower and so regarding Mr. Smith’s concern about having a high fence there, he’s not sure it would be high. Mr. Byler asked how it would look if the road was five feet lower. Mr. Marcinko said they can provide their current grading plan if needed. Mr. Marcinko said there is concern about a fence buffer, but there is also concern about it affecting solar. The delivery area is going to be lower than the property so the height of the fence can be whatever height is necessary, provide a buffer, or do some plantings. If that requirement is included, we absolutely have to meet that requirement, according to Mr. Marcinko.

Commissioner Robertson moved to table the decision for Variance Application 4-2023 until next Monday, January 23, 2023, at 2:30 p.m. Commissioner Cossairt second. Motion passed unanimously.

The hearing to consider Variance Application #4-2023 ended at 2:30 p.m.

Mr. Florea left the meeting at 2:30 p.m.

2:31 p.m., Commissioners held a public hearing to consider Road and Bridge Road Standards Variance Application #5-2023 for Applicants James Byler and Jennifer Nylander as it pertains to a proposed approach location.

Present were: Commission 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, Jonathan Hanson, Cameron Smith, Kelly Stanford, Adrienne Norris, Trevor Schneider, Darlene Schneider, Applicant Jennifer Nylander with HSC Development, Lynda Fioravanti, Applicants James Byler and Elida Byler, and Michael Freidin and Paul Marcinko with Jade Consulting. The hearing was recorded.
Chairman Bertling reviewed aloud the public hearing procedures to follow. Commissioners cited no conflict of interest.

Road and Bridge Department Co-Superintendent Renee Nelson provided a staff report. The application is for a proposed approach location on Homestead Loop requested by applicants James Byler and Jennifer Nylander. This is an approach that doesn’t meet Boundary County Road Standards Ordinance 2020-2, Section 3.3.B, which sets 330 feet for distance from an existing access and Section 3.3.F. sets sight distance at a minimum of 300 feet and a minimum sight triangle of 40 feet. The same aerial picture has been provided. The primary approach to Tractor Supply Store is to be located on the new proposed parcel that will need to go through the Planning and Zoning parcel division process. The zone is commercial/light industrial for which there is no density minimum. The surrounding zone district designation is commercial/light industrial as well as rural residential, which has a 5-acre density minimum. The surrounding land uses are a mix of residential, commercial, industrial and agricultural. Zoning overlays consist of the airport overlay area. There are no wetlands, this is not within the city area of impact and there are no flood hazards. The two provisions of this ordinance that are applicable are Section 3.3.B., and 3.3.F. for sight distance. The description of the proposed access is located 284 feet north of the centerline of Hillcrest Road and 415 feet south of the address at 157 Homestead Loop. The proposed access is requested to be the primary access; however, a second access is being requested 339 feet north of this proposed approach and Exhibit 2 shows this. These requests for accesses have to be dealt with individually, according to Ms. Nelson. Ms. Nelson listed the options for Commissioners to consider. The consideration point is that Road and Bridge would not have approved this location, but would recommend a location with justification that would meet the needs of all involved. The traffic count for this road in 2019 was 686. There is 300 feet of sight distance and there is a sight triangle. The traffic study might not be warranted. Homestead Loop begins as a 150-foot straight road, then it curves north and east. The road then climbs as it goes north. This is a chip sealed road and the speed limit is 35 miles per hour. Additional traffic controls could be a possible stop sign located on the south bound lane of Homestead Loop prior to the Hillcrest Road intersection. Exhibit 5 begins the information on public comments received and summarized and it’s the same as the prior hearing for Application #4-2023.

Ms. Nelson said staff comments were received from Planning and Zoning who provided a summary of comments pertaining to the conditional use permit, which has been approved. Planning and Zoning commented that the only reason a conditional use permit was needed was due to square footage; not the use of the property. The Addressing Coordinator questioned if this is approved, will it require an address change from 87 Homestead Loop, voiding the address assigned with Application #20-0170. Road and Bridge’s comments are that they would like to require the south approach to meet the 330 feet distance from the centerline of Hillcrest Road for the following reasons: it would meet safety requirements for traffic control at the intersection with Hillcrest Road and Highway 95. Close proximity to the intersection of Hillcrest Road, which provides access to the Solid Waste site and other residences. The average daily traffic count for Hillcrest Road was 1,138 in 2019. Between Highway 95 and Hillcrest Road the centerline is only 90 feet. Keeping the proposed approach as far north as possible adds footage for vehicles, including truck traffic. There is a concern with blocking the intersection at Hillcrest Road and traffic backing up on the Highway 95 turn lane. Road and Bridge and the Idaho Transportation Department (ITD) had worked with Mr. Byler on another access permit and due to the location of ITD’s right-of-way and angle, ITD has agreed to allow Road and Bridge to use the centerline of Hillcrest Road to measure 330 feet so it would meet the county’s ordinance for safety. The additional right-of-way that ITD approved not measuring from was approximately 125 feet. Road and Bridge felt that was an acceptable balance between measurements and where approaches could be located, and keep traffic as far north as it could.
As far as consideration, the proposed access, showing 284 feet from the Hillcrest Road centerline, could also be used for a potential future cross access. If the approved location was at the 330 feet approach mark, the approach could also be used for all egress and ingress to both the proposed Tractor Supply Store and the proposed parcel that Mr. Byler would retain. Another point is Road and Bridge doesn’t know the proposed use of the parcel being retained and it is zoned commercial/light industrial zone. This would keep traffic at a centralized location. Once approved, Road and Bridge doesn’t really have jurisdiction over the approaches.

There were no questions.

2:43 p.m. Ms. Schneider left the meeting.

Chairman Bertling spoke of one primary access, but water is the issue. Ms. Nelson said if the proposed location of the approach in the first variance is approved, they could still have this primary approach, but she would request it be at the 330-foot mark, which is just a difference of 46 feet. Ms. Nelson said there is the north traffic as you go north on that road, if you could keep it at the curve and the intersection of Hillcrest Road and the intersection of the highway, it would make more sense for safety. Ms. Nelson said if the 46-foot approach to the north is what is recommended, Road and Bridge realized the engineers will have to revise their plans, but they felt the benefits would outweigh that revision.

Applicant Jennifer Nylander gave an opening statement and said the information is the same, but she would like to add that the developer has been searching for a site in Bonners Ferry since 2016, and they’re trying to get under contract and this works best for their use and for the Byler’s future needs as well. Ms. Nylander explained that she represents the developer and that they develop all over the country. They’ve built over 300 Tractor Supply stores and their intent is not to create controversy, but to be good neighbors and be here for the long run. Chairman Bertling asked if someone local would run and own the business. Ms. Nylander said she cannot speak to the Tractor Supply’s operations, because her company is going to be the landlord so they won’t be operating it, it will be operated according to Tractor Supply Store’s operational standards. Tractor Supply Store also wants to be a good neighbor in the communities where they work. They will pay competitive local wages for hourly employees and she understands this store will have a full-time manager and assistant manager. They’re generally known as a good employer. Once under construction, Tractor Supply Store operations will come in and conduct interviews onsite so there is no plan to bring employees in from Montana; they will hire from the local community. Ms. Nylander explained that she lives in an area that is experiencing a population explosion as well.

Commissioner Robertson asked if the approach can be moved 46 feet to the north. Mr. Marcinko said his comment would be to start off with why they chose the original location. The distance of 284-feet is on the plans and the driveway at that location would be the lowest point on site other than where the stormwater pond would be. This will allow them to come up into the site at a more gradual rate. Tractor Supply Store does have requirements and many businesses that are visited would probably have requirements for grade changes at their site and their parking area. The Americans With Disabilities Act (ADA) is nationally and federally regulated and for the parking lot, nobody wants to park in a parking lot that is 7, 8 or 10%. They’re trying to design the sites to come in gradually and so that the driver is comfortable. That is why the location of the driveway. They could adjust to the north and very easily to 300 feet. The 330-feet distance would require them to flip the driveway to the other approach in front of the store where you see ADA parking. Tractor Supply Store doesn’t like truck traffic to go in front of the main entrance, but if the driveway is flipped and done that way to meet Road and Bridge’s concerns, they will certainly look at that, but know that truck traffic and all people entering the site will be coming into that main entrance where the ADA parking is.

Commissioners opened the hearing to public testimony. Speaking in favor was Mr. Byler who said the current delivery location is a good place, but for what Tractor Supply Store wants, the upper driveway is where they want to bring trucks in and there won’t be a lot of car traffic. Mr. Byler said his lot is on the east side and he’s giving Tractor Supply Store his permission to use his road and they’re giving him use of the lower road. If the lower road is located too far north, it doesn’t fit into the plan so in going south with the lower road, his access is further away from the Tractor Supply Store building and they will exit at the upper entrance. Mr. Byler said for people on Homestead Loop to use that driveway, they will have to double back and go along Homestead Loop again and go back up. The idea is to make a nice loop through there, according to Mr. Byler.

Speaking uncommitted to the proposal was Ms. Fioravanti who said the proposed entrance is at 284 feet and they want a second entrance at 415 feet south of Mr. Smith’s home. Chairman Bertling said one approach would be north and the other approach would be at 284 feet. Ms. Fioravanti said the second approach would be at 390 feet. Chairman Bertling said yes, that is the approach at the north line and it would access Three Mile Water District. Ms. Fioravanti questioned the distance of 125 feet and Ms. Nelson showed Ms. Fioravanti a diagram and explained it’s ITD’s actual right-of-way line and the county ordinance said it’s to be 330-feet from an existing access, intersection or two public road rights-of-way as a collector route. ITD could remind Road and Bridge that we should be measuring from the center point to get a distance of 330 feet. Because of the way this is and the county road, ITD allowed measuring back to the centerline of Hillcrest Road and that is 125 feet. Ms. Norris asked if they could still consider fencing between the residential and commercial property. Ms. Nylander said there is no residential on the south side. Mr. Hanson said he lives on Heights Loop and he only asks to consider traffic flow and stop signs. Mr. Hanson said he heard there was consideration for a stop sign at the north side of Hillcrest Road, but there actually needs to be a stop sign there now. Mr. Hanson asked for consideration of traffic flow at both approach locations. Mr. Hanson said he doesn’t have as much input on the southern entrance.

Speaking in opposition was Mr. Smith who commented that in the past has there been a request for variances on Homestead Loop requested by Mr. Byler. Mr. Byler said no. Chairman Bertling said for this piece of property, no. Mr. Smith reiterated his concern regarding increased traffic for the area, adding that the intersection is already a mess. Mr. Smith said he understands challenges for snow removal. To address traffic off of Hillcrest Road and north of there as well, it can already be a challenge so if you’re trying to corner the market and get as much traffic as they can get in there, it will be a safety concern as people will not be able to use Homestead Loop for anything but driving. Mr. Smith said he understands the area is zoned commercial, but it’s the truck traffic and other traffic in the area that will change the flow. Mr. Smith said it was mentioned that he may see an increase in value due to the commercial zoning, but due to the area being quiet and neighborly, if you put in a lot of traffic, he feels it devalues his property. Not all commercial business that goes in there needs to have high amounts of traffic. Mr. Smith asked if Mr. Byler already owns water rights to that property through Three Mile Water District. Chairman Bertling explained that this is not part of the variance application. Mr. Smith said he would like to reiterate that there are other people he has talked to who voiced concern and he would like that information to be counted.

Mr. Byler gave a closing statement and said the road is kind of narrow there and he doesn’t know if the road could be widened, at least to the first driveway and maybe the second. It’s something to consider and it would address a safety concern. If two semi-trucks were to meet, one would have to stop.

Commissioners closed the hearing to public testimony.

Commissioner Robertson said his opinion is to table this hearing in order to get more information and have questions answered, such as approximately how many trucks are expected in and out, and he would like to see a plan that moves the road as far north as possible and meet the 330-feet distance requirement. Commissioner Cossairt added that he would like to see how far north the approach can be moved.

Commissioner Robertson moved to continue the hearing for Variance Application #5-2024 to January 23, 2023, at 3:15 p.m. Commissioner Cossairt second. Motion passed unanimously.

The hearing for Variance Application #5-2023 ended at 3:03 p.m.

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

Ms. Norris and Ms. Fioravanti remained for the meeting with Ruen-Yeager and Associates.

3:04 p.m., Darius Ruen, Clare Marley and Tessa Vogel with Ruen-Yeager & Associates joined the meeting to discuss Planning and Zoning matters.

Those present discussed foot traffic for the Planning and Zoning Office. The local Planning and Zoning Office is staffed on Wednesdays and Thursdays and foot traffic is estimated to be five people per week on average. Ms. Marley said if they have time where they aren’t assisting a person, they do permit work, notices, etc. Occasionally, the County Planning and Zoning Office will get people who are actually looking for the City Planning and Zoning Office. Ms. Marley provided Commissioners with a reference to a project list showing what Planning and Zoning is working on and what they’re hoping to do. Ms. Marley commented on starting to look into definitions, such as dwelling, but then they got busy with public hearings. Planning and Zoning still needs to meet with the Federal Emergency Management Agency (FEMA) Region 10 representative so they can look at county records and schedule a tour. A tour had been scheduled, but then the snow storms hit. Ms. Marley said the representative from FEMA plans to come back to review flood plain violations, which she listed there being 35 violations dating back 17, but that number is down to 29 or 30 as some of those are not violations. This FEMA visit might get rescheduled for some time in March. Ruen-Yeager added the flood plain development process so when an application comes in it gets reviewed.

Ms. Marley commented on having looked into the subdivision procedures and she commented that there are 11 different ways to divide land. Planning and Zoning has been working with local surveyors and are looking to simplify the process. Lot line adjustments have gone to hearing and Planning and Zoning is looking to see what can be done administratively, which can also save money. That’s a discussion that is underway. Ms. Marley said another matter in her handout is not having an expiration date for building or placement permits. Originally, Commissioners considered adding a one or two-year date. Ms. Marley questioned if Commissioners still want that.

Planning and Zoning is working with Innovate to map the zoning map visible on the county website. Review is on lot line adjustments, discussing the flood plain ordinance and hearing from FEMA on having two flood plain ordinances. Ms. Marley spoke of meeting to discuss consolidating those ordinances. There are also land use procedures. The date to post notices should match the State’s so they are not different. Commissioners had no questions.

Ms. Marley reviewed a list of accomplishments, such as the adoption of the county zoning map and locating dozens of lands that were not zoned, determining effective dates, etc. Over time there have been many changes and interpretation to law. Ms. Marley said she met with Commissioners to review the ordinance and determined year 2017 to lawfully state the land divisions are effective and this was adopted by the Board of Commissioners in December. Non-conforming lots could not be issued permits and now the ordinance was changed to state non-conforming lots are lawfully permitted as long as they meet setbacks. Application review times are taking less time. Ms. Marley spoke of subdivision standards and she said it was found from a Planning and Zoning review that there was an ordinance missed that went through updating some subdivision standards. Application forms have been updated and the website for Planning and Zoning is continually updated. Ms. Marley said the Planning and Zoning Office is not behind on anything that has come in or is being processed.

There have been 713 total permits since Ruen-Yeager took over. The report shows 119 applications pending, but they are not delays, they’re due to the review process and then some were abandoned during that process. Chairman Bertling asked what the time line is to complete the pending applications. Ms. Marley said it varies. In the 33 permits in process, she has issued permit number 31 and 32 and she explained that there are some applications waiting for information from a surveyor or plat, etc. Chairman Bertling asked about the larger projects and Ms. Marley said she would guess there is about one year’s worth.

Chairman Bertling said he would really like to see a full-time county employee in the Planning and Zoning Office, but he would like to see this work get done and have there be a nice transition. There has been a lot of feedback from the public and the county is here to serve the public. Chairman Bertling said he thinks that is what is needed as a county, but we need to get this work done.

Mr. Ruen asked if Ms. Marley and Ms. Vogel should speed up the process and tackle this work at the next Planning and Zoning Commission meeting? Commissioner Cossairt said he doesn’t have a time line as he doesn’t want to get this wrong. The county needs a qualified person for our Planning and Zoning Office and to also have a good backup. Ms. Marley said out of fairness, the county Planning and Zoning Office does need two employees and a larger office. Clerk Poston listed the option of using the north bay that Boundary Ambulance Service used to occupy if it’s not being used. Commissioner Cossairt said he would like to see an expiration date established as he feels the open permits will be an issue. Ms. Marley spoke of certain scenarios and she felt there should also be an end date.

Commissioner Robertson said he agrees with what Commissioners say and agrees to expedite the process, but they want to do it the responsible and right way so there is a smooth transition. Chairman Bertling said the county would hire someone from Ruen-Yeager & Associates in the meantime. Ms. Marley informed Commissioners that the City of Bonners Ferry has Planning and Zoning staff, but Ruen-Yeager is also their backup. Chairman Bertling said the county would hopefully find a qualified person and slowly transition that way. Commissioner Cossairt said time goes by fast and he added that he would like to streamline processes so there doesn’t have to be so many meetings. Ms. Marley agreed and commented on legal notices, site visits, etc. and she added that not every situation requires a hearing, but there are some areas where Commissioners will still want a hearing. Ms. Marley spoke of upcoming meetings.

Ms. Marley informed Commissioners that she and Ms. Vogel track hours they spend and it averaged 39.85 hours per week. Ms. Marley listed spending 10 hours per week and Ms. Vogel works 28 or 30 hours per week, depending on the time of year. The county will need a full-time employee and a backup. Mr. Ruen said if the county finds someone for the Planning and Zoning Office, Ruen-Yeager would definitely work with them and if the county still needs help, they could reach out to Ruen-Yeager. Ms. Marley said she thoroughly enjoys working with the county’s Planning and Zoning Commission.

Those present referred to a chart showing types of permits the Planning and Zoning Office is seeing. Out of 713 applications, 429 are residential placement permits.

Ms. Fioravanti commented on matters pertaining to private roads. It was said that private roads are not built to county standards. Ms. Norris said this was huge today and she thanked Commissioners. It was mentioned there being comments about bringing back the local Planning and Zoning Office staff and that would be appropriate. Chairman Bertling said the county wants to do it the right way. Commissioner Cossairt mentioned that the prior Board of Commissioners hired Ms. Marley with Ruen & Yeager, because the county was in a bad way and he appreciates everything Ruen-Yeager has done so he wants them to stay around. Ms. Marley said she could help with providing input on a candidate for the Planning and Zoning Office. Ms. Marley said while Addressing Coordinator Debra Drager is helping the Planning and Zoning Office, if there isn’t planning work to do, she works on addressing.

The meeting with Ms. Vogel, Ms. Marley and Mr. Ruen ended at 3:37 p.m.

Commissioner Cossairt moved to grant an extension of time to accept year 2022 taxes for parcel #MH003400010090A and to accept the tax amount due by January 27, 2023. Commissioner Robertson second. Motion passed unanimously.

Commissioner Cossairt moved to sign the Property Tax Cancellation Form for tax year 2022 for parcel #RP61N01E031800A and to cancel $554.26. Commissioner Robertson second. Motion passed unanimously.

There being no further business, the meeting adjourned at 4:00 p.m.

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DAN R. DINNING, Chairman
ATTEST:

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GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk