PUBLIC HEARING – December 19th @ 9am

Update: The Commissioners voted to vacate Camp Bay Rd yesterday (December 19th, 2022) after breaking tons of public meeting laws. It was a 5 hour sham that was an injustice to the people of Bonner County. Their decision will be challenged.

Please consider donating to this fund representing the people of Bonner County in this public property case.

And if you have 5 hours and want to witness how not to conduct a public meeting you can watch here https://youtu.be/vXbIypD8MPQa

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Out of state developers are still attempting to take this public road to the lake. We know Monday morning is an inconvenient time for most members of the public, but if you can, we hope you will show up on Monday, December 19th @ 9 am to voice your opposition.

• Attend in person at the Bonner County Admin Building 1500 Hwy 2. in the conference room on 1st floor to the right as your walk in main doors.
• Zoom https://www.bonnercountyid.gov/BOCCHearings Once on Bonner County BOCC Hearing page, scroll down to “Zoom Webinar” and click on link. When it is time for public comment, raise your hand at bottom of screen and they will call on your. Unmute yourself at the time.
• When commenting: begin by stating your name and whether you are opposed or in support of the proposed walking path and road vacancy, be respectful,

The Staff Report has been released and it is absurd. There is no mention of the public or the public’s input at all.

Staff Report Conclusions of Law:
The Background section of the staff report above is the basis for all of the following findings of fact and conclusions of law. Based upon the findings of fact, the following conclusions of law are adopted:
Conclusion 1
This proposal was reviewed for compliance with the vacation criteria and standards set forth at Idaho Code, Title 40, Chapter 2, Highways and Bridges, General Provisions.
Finding
Vacating the approximately 2,550 ft. of Camp Bay Road will not block access to surrounding parcels, provided the associated proposed easements and proposed boundary line adjustments are completed.
File VS0002-21 December 19, 2022 Page 10 of 10
Conclusion 2
The abandonment of the public right of way is in the public interest.
Finding
The proposed vacation will provide for continued access to properties beyond the subject property and the proposal will move the private easement away from the lake. Further, the vacation will remove this portion of road from the County maintenance system. Additionally, the applicant will create and dedicate a public easement for a pathway providing the public with a fifty (50) foot wide public access point to Lake Pend Oreille. There were no comments received from any public agency with concerns regarding this proposal.
Conclusion 3
By granting this petition for vacation of public right of way, real property adjoining the subject highway or public right of way will not be left without access to an established highway or public right of way.
Finding
All parcels beyond the subject parcel will continue to have access, provided the associated proposed easements and boundary line adjustment are completed.

Please scroll this page for detailed information on this application and how to oppose this road vacancy.

The County Commissioners have the right to abandon the road, so long as it is in the public’s best interest, under Idaho statute Title 40, Chapter 2 Section 40-203, Abandonment and Vacation of County and Highways or Public Rights-Of-Way. We do not think it is in the public’s interest.

Read Developer’s Current Application to Vacate Public Right of Way in Camp Bay – October 27, 2022

Original Application to Vacate Public Right of Way in Camp Bay – March of 2021

Watch first BOCC public hearing April 7th  here.

Watch second BOCC hearing February 16th here

Proof that Camp Bay Road, down to Lake Pend Oreille, has continuously been in Public ownership since September 11, 1908

The public currently owns the road below, marked in green, that goes straight to the lake with a million dollar view. The developer wants this stretch of road abandoned, so they can gate off lake access to the public and profit substantially. They are offering a walking path in exchange. We would rather keep our road, thank you very much!

The developer is proposing the walking path below, marked in red, to replace the road. Path would be owned and managed by their HOA, it will not be handicap accessible, its over a 1/2 mile long, a solid trek downhill/uphill, and would lead to the far corner of the bay, which is less scenic.

This third and upcoming hearing, where the BOCC will decide whether to vacate 2550 ft of public right of way in Camp Bay, will again center on whether it is in the public’s interest to give up the current road access to the lake located on prime Camp Bay real estate with expansive views or exchange all that for a gated 1/2 mile dirt path to the far corner of Camp Bay, controlled by the HOA.

Over the course of the last year, the public has been very vocal about their desire to keep the existing public right of way to Lake Pend Oreille in Camp Bay. So much so, that they received a cease and desist letter from the developer. We the public, get to decide. Camp bay Rd is owned by the tax payers of Bonner County, not M3, and not the Bonner County Commissioners.

Suggested Talking Points For Comment Letter

Inadequate Noticing and the Law

• Every effort, should have been made for adequate public participation in this public interest case.
• The date of this hearing, a Monday at 9am, excludes the participation of huge numbers of people who have to work.
• The date of this hearing falls outside of regularly scheduled hearings noticed on the county calendar, putting unreasonable constraints on the public’s ability to anticipate an upcoming hearing.

Path Is Not In Public’s Interest

• The BOCC already determined the road vacancy is not in the public interest (February 16th hearing here)
• A road directly to the lake is far superior to the proposed walking path.
• the proposed beach location inevitably will be less ideal than the current, which has a view directly out to the larger lake and is accessible by a road.
• The proposed location will be busy – next to a large community dock system – creating more potential conflicts between paddle craft and boaters.
• People who just want to drive down and enjoy the view from their car will be unable to do so.
• Unlike the existing road access, the path will not be plowed during the winter.
• We have no guarantees the quality of the beach access will be equal to that we are giving up.
• The public is giving up ownership and control of the site. HOA control is a problem
• The public feedback to date has been OVERWHELMINGLY opposed to giving up the road and lake access. This previous feedback should be taken into account. A straw poll conducted after m3 first offered the trail, drew approximately 150 responses NO and 1 response YES for a walking trail.
• Personal stories about how you would potentially use lake access in Camp Bay and whether this option fits your needs.
• This walking path proposal is not ADA accessible and restricts the young and the old whose legs are too short or to weak.
• A walking path makes is near impossible for non-motorized water craft and small motorized use, like kayaks, canoes and small boats, that are too heavy to carry or haul.
• A restricted walking path is not a legal and direct route for emergency vehicles.
• The length of this proposed walking path eliminates short trips to the water as the walk itself takes a considerable amount of time.
• The historic purpose for the existing public lake access, the transportation of goods, services, and people, should be preserved and in place for unexpected future conditions.

Ownership/Legalities

• The public currently owns the entire Camp Bay road right-of-way, but the public map shows several platted lots over the road. The plats show ownership by M3 and other unlisted owners. This causes public confusion around a decision dependent on public interest state law.
• All plats over the public road should have been removed after the decision by BOCC on February 16th to give the road back to the public.
• This developer platted a lot directly over the public road, while the first road vacancy approval was in judicial review by the Arns. M3 lost the ownership of that area of land in February 2022 when the county gave the road back to the public, yet they put up trespassing signs and have been building their large development as if the public road isn’t there and the lot is still valid.

Generic Cut and Paste Letter to Commissioners

Subject: Opposed to VS0002-21 – Not in Public’s Interest

Dear Bonner County Commissioners,

Thank you for the opportunity to comment on this request to vacate the lower portion of Camp Bay Rd. I am… [1-2 sentences introducing yourself, where you live, and any connection to Camp Bay].

I am opposed to vacating Camp Bay Road. The developer’s proposed pathway is not in the public’s interest because it does not provide access for all citizens, whereas the existing county owned Camp Bay Road does. There is no legal or legitimate reason to give up this road.  

Respectfully,

[Name]

If sending by snail mail send to Bonner County Planning Department at 1500 Highway 2, Suite 208, Sandpoint, Idaho 83864. If emailing cut and paste the below addresses:

jeff.connolly@bonnercountyid.gov

dan.mcdonald@bonnercountyid.gov

steven.bradshaw@bonnercountyid.gov

planning@bonnercountyid.gov

If you do have time and a personal experience or perspective on Camp Bay, those comments would be very valuable. Also if the timing of this hearing is inconvenient to you and your family because of the holiday, please add that to the letter. Please submit your comments no later than November 15 so they will be part of the record.

NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Bonner County Commissioners will hold a public hearing at 9:00 a.m. on Monday December 19, 2022,, in the Bonner County Administration Building, 1500
Highway 2, Sandpoint, Idaho, by Zoom teleconference, and YouTube Livestream to consider the following request: File VS0002-21 – Title 40 Road Vacation – Right of Way – M3 Id Camp Bay Llc is requesting the vacation of approximately 2,550 ft (2.93 acres) of the Camp Bay Road right-of-way, The property is zoned Rural-10 & Rural-5 and is located off Camp Bay Road in Section 18, Township 56 North, Range 1 East, Boise-Meridian. If approved, the vacated right-of-way will be replaced with private roadway access and utility easements to serve the Petitioner’s property as well as the properties located on South Camp Bay Road beyond the Petitioner’s property
(collectively the “South Camp Bay Properties”). Additionally, if approved, the applicant will create and dedicate a public easement for a pathway providing the public with a fifty (50) foot wide public access point to Lake Pend Oreille. This hearing, which has been ordered by the Bonner County District Court, will focus solely on the proposed walking path and its impact on the public interest in the proposed vacation. Validating the terminus point of Camp Bay Road is not the intended purpose of this hearing, and the Bonner County Board of Commissioners will not consider evidence or testimony offered on that topic. If interested in participating, please visit our website for details at: https:// www.bonnercountyid.gov/departments/Planning/public-hearings Any person needing special accommodations to participate in the public hearing should contact the Bonner County Planning Department at (208) 265-1458 at least 48 hours before the hearing. ** Written statements must be submitted to the planning department record no later than seven (7) days prior to the public hearing. Written statements not exceeding one standard letter sized, single spaced page may be submitted at the public hearing. Comments can be sent to the Bonner County Planning Department at
1500 Highway 2, Suite 208, Sandpoint, Idaho 83864; faxed to (866) 537-4935 or e-mailed to planning@bonnercountyid.gov. Additional information is available at the planning department. Staff reports are available at the planning department or may be viewed at www.bonnercountyid.gov prior to the scheduled hearing. (Bonner County Revised Code, Section 12-263Legal#4694 AD#2540 November 11, 22, December 6, 2022