Stage Carefully Set For Depot Debate Three, Five-Hour Hearings Planned For Public Comment On Bnsf Bid For Permit

Fri., Sept. 3, 1999

Alison Boggs Staff Writer

Kootenai County’s planning director is going to great lengths to ensure fairness at a public hearing on a railroad company’s proposed refueling depot.

Cheri Howell has scheduled Burlington Northern and Santa Fe Railway’s permit application for three, five-hour public hearings in November. The planning department also will pay $400 to fly in an experienced former hearing examiner from Mississippi. And Howell has booked a local high school auditorium that holds 500 to make sure there’s enough room for everyone.

“We are anticipating a fairly large crowd,” Howell said. “We’ve booked it anticipating that it could run three evenings.”

The hearings will be held Nov. 15, 16 and 17 from 6 to 11 p.m. at Lake City High School’s auditorium, at 6101 Ramsey Road. Fifteen hours should be enough time to give everyone a chance to speak, Howell said.

“We are pleased that the dates have been selected and we look forward to working through the process set by the county,” said Gus Melonas, a spokesman for BNSF.

BNSF would like to build a refueling depot south of Rathdrum that would store 500,000 gallons of diesel and would service up to 25 trains daily. BNSF has designed the depot with multiple layers of containment and leak detection, but that has been unconvincing to many members of the public.

Opposition to the project centers on its proposed location above the Spokane-Rathdrum Prairie Aquifer. A spill, opponents say, could contaminate the sole source of drinking water for 400,000 people on both sides of the state line.

Hundreds are expected at the hearings.

BNSF withdrew a similar refueling depot proposal in June 1998 because of public opposition. When hearings were held on that proposal, more than 200 people attended.

To date, the planning department has received almost 1,500 letters and signatures on petitions opposing the depot. About 10 people have sent in letters in favor. Among the parties opposing the depot are the cities of Post Falls, Hayden, Dalton Gardens and Hauser, along with the board of directors of the Coeur d’Alene Association of Realtors. The Coeur d’Alene Chamber of Commerce voted to support the project.

The county’s public hearing procedure calls for a county planner to introduce the project, followed by the applicant’s presentation. People in favor of the project then would be allowed to speak, followed by people opposed. BNSF would be allowed a chance to rebut any statements at the end.

The primary grass-roots opposition group, Friends of the Aquifer, has requested a block of time equal to what BNSF will receive.

“A lot of people will come forward and want to testify,” said Clay Larkin, a member of the Friends group and a Post Falls city councilman. “If we get the equal block, we can give a lot of technical data.”

Howell, the planning director, said that would be up to the hearing examiner to decide.

Former hearing examiner Jean DeBarbieris will be handling the hearing. DeBarbieris is a former Coeur d’Alene city planner and served as a county hearing examiner for 10 years. She moved to Mississippi several months ago.

Howell said she was willing to fly DeBarbieris here because of the importance of fairness. Two of the county’s other hearing examiners are new and not well-versed in county planning policies. Two others, Scott Brown and Gary Young, also work for the cities of Hauser and Post Falls, respectively. Both cities have come out against the depot project. The county’s other hearing examiner, John Stamsos, heard the proposal last time and recommended denial.

“There’s an appearance of fairness issue with using the other hearing examiners,” Howell said. “If a person is re-applying, I do not use the same hearing examiner.”

BNSF will be applying for two conditional use permits. One would allow it to build a public utility complex. The other would allow it to store more than 20,000 gallons of petroleum above ground.

Among the factors DeBarbieris must consider are whether the proposed project conforms to the county’s comprehensive plan and whether it will be in the public interest.

“I really do think she’s the most qualified person to do this,” Howell said.

This sidebar appeared with the story: New hearing examiner Former Coeur d’Alene city planner and county hearing examiner Jean DeBarbieris is being flown from Mississippi to handle the hearing.

Local journalism is essential.

Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are tax deductible.

Meet Our Journalists

Jesse Tinsley

Meet Jesse Tinsley. As a certified drone pilot, this veteran Spokesman-Review photographer often can be seen capturing beautiful aerial photographs of our region. Sometimes though, the job requires getting down with the dogs.
Jim Meehan

Jim Meehan is no stranger to Zag Nation. As the lead writer covering the Gonzaga men’s basketball team, he tells the stories behind the game and gets fans a bit closer to their favorite players.
Molly Quinn

There is no artist in Spokane like Molly Quinn. Her whimsical style is instantly recognizable to readers of The Spokesman-Review. She has painted gorgeous illustrations that instantly elevate the journalism accompanying it. She brings to life the stories that defy photography. She makes our pages better.
Rob Curley

Spokesman-Review editor Rob Curley loves to talk with people and learn about their lives, whether it's a best-selling author or a stranger he meets downtown on his walk to lunch. It's that inquisitive nature combined with a playful sense of storytelling that helps make our newspaper different than most.