***Monday, August 11, 2025 at 9:00 a.m., Commissioners met in regular session with Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, Clerk Glenda Poston, and Deputy Clerk Stephanie Sims.
Commissioners said the Pledge of Allegiance.
P&Z Administrator Ben Jones entered the meeting at 8:59 a.m. Mr. Jones stated that 11 new permits have been submitted the last couple of weeks. He has also spent time preparing for the public hearings of both Commissioners and the P&Z Commission. There have been two public records requests.
Greg Lamberty entered the meeting at 9:03 a.m.
Commissioners asked about the public records requests and the time involved. Mr. Jones explained the documents provided and that one of the requests was continuing to expand from the initial request. He stated that the Civil Attorney has been included and he was awaiting confirmation that the request has been fulfilled.
The meeting with Mr. Jones ended at 9:06 a.m. and he left the meeting.
Fay Almond entered the meeting at 9:12 a.m.
Civil Attorney Bill Wilson entered the meeting at 9:28 a.m.
Commissioners provided Mr. Wilson with a copy of the hospital bylaws and directed his attention to an area of concern. Mr. Wilson suggested that it would be worth asking if they are aware that they are subject to the Open Meetings Act.
Mr. Wilson stated that he has provided additional information regarding Riverside and was working on a personnel issue.
The meeting with Mr. Wilson ended at 9:40 a.m. and he left the meeting.
Commissioner Bertling moved to sign the Certificates of Residency for Kaden Rubish and Pearl Giallanza. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Bertling moved to sign the Commissioner meeting minutes from August 4. Commissioner Pinkerton second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 52,671.23
Road & Bridge 526,824.65
Airport 12,999.55
District Court 10,147.41
Justice Fund 67,809.50
911 Funds 6,184.20
Health District 56,036.00
Parks and Recreation 11,876.63
Revaluation 230.94
Solid Waste 30,197.16
Veterans Memorial 25.06
Weeds 1,288.34
Restorium 19,533.78
Waterways 219.21
Road & Bridge Tribal Fuel Fund 71.01
Grant, Selkirk Coop Weed Mgmt 282.00
TOTAL $796,396.67
Trusts
LATCF Fund 917.12
Boundary Co. Drug Court Trusts 1.88
Driver’s License Trust 10,723.00
Indigent Reimbursements 1,075.00
Motor Vehicle Trust Acct 421,188.93
Sheriff’s Trust Fund 866.70
Sheriff’s Special Projects 510.80
Odyssey Court Trust Account 33,356.96
Odyssey Bond Trust Account 9,423.32
TOTAL $478,063.71
GRAND TOTAL $1,274,460.38
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2024-2025).
Commissioner Bertling moved to sign the grant offer for Airport Improvement Program (AIP) Project No. 3-16-0004-029-2025. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Bertling moved to table the approval of the Boundary Community Hospital Bylaws of the Board of Trustees. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Bertling moved to sign the Passthrough Funds Recipient Agreement. Commissioner Pinkerton second. Motion passed unanimously.
Commissioner Bertling moved to sign Resolution 2025-38 to Dispose Records in Commissioners Office. Commissioner Pinkerton second. Motion passed unanimously.
RESOLUTION 2025-38
A RESOLUTION AUTHORIZING THE DISPOSITION OF RECORDS
OF BOUNDARY COUNTY COMMISSIONER’S OFFICE
WHEREAS, the Boundary County Commissioner’s Office is currently storing old records, and
WHEREAS, due to lack of storage space, the Boundary County Commissioner’s Office has requested permission to dispose of these old records as information that is not necessary to keep, and
WHEREAS, the Board of Boundary County Commissioners have been advised on the classification of such records pursuant to Idaho Code 31-871; and
NOW THEREFORE, upon motion duly made, seconded and unanimously carried,
IT IS HEREBY RESOLVED, that the following records be classified and disposed of as follows:
The following records have been deemed at most semi-permanent by the Boundary County Commissioners and semi-permanent records must be kept for a minimum of five (5) years. The following Commissioners’ records are to be disposed of in the county landfill:
Commissioner Files including notes and draft versions of minutes dated 2020 and prior.
Regularly passed and approved on this 11th day of August, 2025.
COUNTY OF BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/__________________________
Ben Robertson, Chairman
s/__________________________
Tim Bertling, Commissioner
s/__________________________
Lester Pinkerton, Commissioner
Reviewed by and on advice of the County’s Prosecuting Attorney this 7th day of August, 2025.
s/___________________________
ANDRAKAY PLUID
County Prosecutor
ATTEST:
s/________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded Instrument #300679
Mr. Lamberty and Ms. Almond left the meeting at 9:56 a.m.
Rob Dellenback entered the meeting at 9:52 a.m.
At 10:00 a.m. Mr. Dellenback shared photos of the lake in front of his home from 2022-current. The oldest photos showed the lake fairly high and slowly receding over time. The most current shows little to no water. He added that the home upstream has closed the gate so water no longer flows. Mr. Dellenback stated that he has requested a figure from a realtor to see what he could sell his home for now that the lake was gone. He stated that no animals, birds or fish are present.
Chairman Robertson asked if he has contacted Idaho Water Resources. Mr. Dellenback stated that he has tried, but no one has called him back.
Chairman Robertson added that water rights are based on seniority and individuals downstream have rights. He advised Mr. Dellenback to look into the water rights for the property to see what was in place and apply if possible.
Ms. Poston provided information on when the next meeting for Idaho Water Resources was scheduled at the County Annex. Commissioners advised him to discuss the matter with them as the state has jurisdiction over the water.
The meeting with Mr. Delllenback ended at 10:14 a.m. and he left the meeting.
Solid Waste Superintendent Richard Jenkins entered the meeting at 10:25 a.m.
Mr. Jenkins stated that he recently received a contract from the vendor they had been using for tire removal. We have never had a contract with them before and the cost per ton had increased from 2.70 to 3.27. Mr. Jenkins then said that he reached out to Enviro Tire in Kalsipel and they quoted him a cost of 1.75 per ton. Mr. Jenkins added that he estimated we take in 17,000-24,000 per year. Commissioners advised him to proceed with Enviro Tire and a contract was not needed.
Mr. Jenkins stated that the Tarp system has been used for about two weeks and it was reducing the bird population and it was also resolving the compliance issues that they have had in the past. The compactor now has a steering cylinder on the left side that will need repaired in addition to the brakes. It will be down for 1-2 weeks.
Mr. Jenkins also added that the well drillers were back at the landfill. DEQ wants them to go to bedrock on the 4th hole and then drill a 5th hole.
Commissioner Pinkerton asked about the human feces that had been reported. Mr. Jenkins stated it was coming from the Naples and Paradise Valley sites. The difference is that now it was happening weekly. They are doing their best to catch who was doing it and the prosecutor’s office has been contacted.
Commissioners noted that there were some comments on social media recently and asked Mr. Jenkins to turn off comments going forward.
Commissioner Bertling asked about the costs involved for recycling cardboard. Mr. Jenkins responded that cardboard was 88% of the total cost.
The meeting with Mr. Jenkins ended at 10:50 a.m. and he left the meeting.
Commissioners attended to administrative duties until they recessed for lunch at 11:50 a.m.
Commissioners reconvened for the afternoon session at 1:30 p.m. with Chairman Robertson, Commissioner Bertling, Commissioner Pinkerton, Clerk Glenda Poston, and Deputy Clerk Stephanie Sims.
Commissioner Pinkerton moved to approve the Property Tax Cancellation on parcel #RP61N01W240752A to cancel $224.60 late fee and $685.55 interest to be credited toward the 2025 tax bill. Commissioner Bertling second. Motion passed unanimously.
At 1:33 p.m. Commissioners held a bid opening for the county fuel supply for fiscal year 2025-2026. Present were: Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, Clerk Glenda Poston, Deputy Clerk Stephanie Sims, Road and Bridge Assistant Superintendent Adam Ryals. The bid opening was recorded.
One bid was received from Dyck’s Oil and Auto. Chairman Robertson reviewed bid details for unleaded gasoline, ultra-low sulfur diesel 2 dyed, and diesel #1 for the County’s Road and Bridge Department, Sheriff’s Office and the Solid Waste Department as well as the markups. The bid total was $420,696.00. A bidder’s security was provided in the amount of $21,035.00.
Commissioner Bertling moved to accept the bid for the county’s fuel supply for fiscal year 2025-2026 from Dyck’s Oil and Auto totaling $420,696.00. Commissioner Pinkerton second. Motion passed unanimously.
The bid opening ended at 1:35 p.m.
Mr. Ryals provided his report and stated that they have finished up paving on Moyie River Rd and they are stockpiling rock to prepare for chipseal near the hops farm. They are also staging in preparation for paving on Meadow Creek Rd.
Mr. Ryals said that they would like to purchase a tack truck. Commissioner Berling asked what they are currently using. Mr. Ryals responded the durapatcher was currently behind the large truck, and it was the wrong machine for the job. He stated that Western States was a distributor and they have a skid mounted one which would also eliminate the trailer used to haul it.
There was a discussion on funding. Ms. Poston stated that they do not have any carry forward. Commissioners stated that they could proceed, but they would have to figure out the funding first.
Mr. Ryals then provided data on the speeds traveled in the Dawson Lake area. He said that 99% of the people are speeding with the top speed being 70 mph.
Commissioner Bertling moved to go into executive session 74-206(b) to consider the evaluation, dismissal, or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Robertson “aye”, Commissioner Bertling “aye”, Commissioner Pinkerton “aye”. The executive session ended at 1:58 p.m. No action was taken.
Mr. Ryals left the meeting at 1:59 p.m.
Personnel Director Pam Barton entered the meeting at 2:00 p.m.
Commissioner Bertling moved to go into executive session 74-206(a) to consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general and 74-206(b) to consider the evaluation, dismissal, or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Robertson “aye”, Commissioner Bertling “aye”, Commissioner Pinkerton “aye”. The executive session ended at 2:10 p.m. No action was taken.
Ms. Barton left the meeting at 2:12 p.m.
At 2:30 p.m. Commissioners held a bid opening for Panhandle Door US-95 Improvements. Present were: Chairman Robertson, Commissioner Bertling, Commissioner Pinkerton, Clerk Glenda Poston, Deputy Clerk Stephanie Sims, HMH Engineer Brett Cummings, Destiny Hillyard with HMH, David Sims with BEDC, Nelson Mast owner of Panhandle Door, Samuel Williams with Interstate Concrete & Asphalt, Jordan Winkelseth with Wink Inc., and Jacki Fullerton with Big Sky. The bid opening was recorded.
Four bids were received and Commissioners opened them and reviewed the bids and surety bonds included. Bid totals were as follows: J7 $269,492.45, Wink Inc. $317,000.00, Interstate Concrete & Asphalt $280,978.75 and Big Sky $389,839.60.
Commissioners advised that the documents would be reviewed by engineering for accuracy and the bid would be awarded at next week’s meeting. The bid opening ended at 2:37 p.m. and everyone left the meeting.
Commissioners attended to administrative duties and asked Sheriff Stolley to come in to provide information on an invoice.
Sheriff Stolley entered the meeting at 3:30 p.m. to provide information on IT Simple and a mobile app he plans for the Sheriff’s office. Sheriff Stolley stated that it was both a mobile app and website and would provide news flash alerts, notifications, and provide information for concealed carry permits and drivers licenses. Sheriff Stolley stated that he planned for it to take the place of Everbridge that they are currently using for alerts. They have been having some issues with Everbridge and this will provide real time notifications.
Chairman Robertson asked if he planned to stop using Everbridge. Sheriff Stolley stated yes, that was his plan. He added that the bill from IT Simple included $1,500 set up and a pro-rated amount for this fiscal year.
Chairman Robertson asked if there was a contract. Sheriff Stolley stated yes, that one would be coming.
Ms. Poston provided information on the Sheriff Department’s balances for the fiscal year.
Chairman Robertson asked how much Everbridge cost. Sheriff Stolley stated it was about $4,000/year. He also added that he was not sure if Andrew O’Neel with Emergency Management was in agreement to eliminate it. He may want to stick with Everbridge.
The meeting ended at 4:00 p.m. and Sheriff Stolley left the meeting.
There being no further business the meeting adjourned at 4:07 p.m.
Tuesday, August 12, 2025 at 2:00 p.m. Commissioners held a public hearing for FILE 25-0066, rural subdivision via short plat, Rips Leisure, LLC. Those in attendance were: Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, Deputy Clerk Stephanie Sims, Road & Bridge Assistant Superintendent Adam Ryals, R&B Admin Shelby Hooper, P&Z Administrator Ben Jones, P&Z staff Tessa Vogel, applicant Chris Ripatti, applicant Colleen Ripatti, Sheriff Travis Stolley, Dick Staples with JRS, and Coral Koberstein with JRS. The hearing was recorded.
Chairman Robertson briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Ben Jones gave the staff report. Mr. Jones stated that the applicant was requesting preliminary plat approval of Ripske River Estates to divide two parcels totaling 27 acres into eight (8) lots ranging between 2½ acres and 3 acres in size. The parcels are located off Moyie River Road in the Suburban zone, which requires a 2½-acre density minimum where no community water or sewer service is available. The proposed lots will use private wells and septic systems and are identified as Assessor’s Parcels RP64N02E143013A and RP64N02E143601A in Section 14 Township 64 North, Range 2 East, B.M.
Mr. Jones added that there was no water or sewer and there was also no floodplain available for the area. The access will be from Earl Lane and a private road name application will need to be submitted. An access application will also be needed for Road & Bridge and the private road will need to be brought up to current road standards. There are concerns about the narrow strip of land and issues that will cause for owners and emergency access. The road would be approximately 30 inches from the edge of the river with a road that was 20 feet wide.
Mr. Jones stated that Panhandle Health does not have a sewage application on hand and provided agency comments separately. Those comments were provided to Commissioners. The comments stated that they are bound by state rules and the location of property was not a reason for disapproval if all other items can be met. They also stated that it was not clear if a sanitation lift would be required.
Mr. Jones added that there was one public comment that was neutral.
Chairman Robertson asked if there were any questions. Commissioner Bertling confirmed that the area was not looked at by FEMA for flood zone or flood way. Mr. Jones confirmed that was correct.
Commissioner Pinkerton asked if we are required to have Panhandle Health’s approval. Ms. Vogel stated that we do have to have it to sign the plat map. The applicant will have to go through that process to get approval.
Chairman Robertson clarified however that does not change anything for today. Ms. Vogel stated that was correct. You could approve it, but they may not be able to get the Panhandle Health approval. If that happens the plat map would not be signed nor recorded.
Commissioners had no further questions.
Chairman Robertson asked for a statement from the applicant. Mr. Ripatti stated that they did test holes with Panhandle Health two years ago, but because so much time had passed, they would need to do it again as part of the approval process. He also added that they are above the flood plain level.
Commissioner Bertling asked for evidence of the previous test holes. Ms. Vogel stated that it was included in their packet.
Commissioners had no further questions.
Chairman Robertson called for anyone to speak in favor, neutral and in opposition of the application. No one spoke. The Commissioners did not have any clarifying questions and the applicant declined to give a closing statement.
Chairman Robertson closed the hearing and called for deliberation.
Commissioner Pinkerton stated the question he had was answered regarding Panhandle Health. Chairman Robertson added that yes, they have to go through the process again and it may not pass a second time. Commissioner Pinkerton stated that we cannot deny for that reason. Chairman Robertson said we have not in the past. Commissioners worked through their decision-making worksheet and reason statement.
Chairman Robertson called for a motion.
Commissioner Pinkerton moved to approve the preliminary plat of Ripske River Estates, a proposed rural subdivision, File #25-0066, finding that the proposal was in accord with the standards of Idaho Code and Section 7 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings, conclusions and conditions as written and based upon the following reasons as read into the record. This action does not result in a taking of private property. Commissioner Bertling second. Motion passed unanimously.
The public hearing ended at 2:27 p.m.
At 2:30 p.m. Commissioners held a public haring for FILE 25-0120, rural subdivision via short plat, Stolley Homes, LLC. Those in attendance were: Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, P&Z Administrator Ben Jones, P&Z staff Tessa Vogel, Sheriff Travis Stolley, Dick Staples with JRS, and Coral Koberstein with JRS. The hearing was recorded.
Chairman Robertson briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Tessa Vogel gave the staff report. Ms. Vogel stated that the applicant was requesting preliminary plat approval of Stolley Homes Subdivision to divide 30 acres into three, 10-acre lots. The parcel was located off a private easement from Highway 95 in the Rural Residential zone, which requires a 5-acre density minimum. The proposed lots will use Bee Line Water Association and private septic systems and was identified as Assessor’s Parcel RP62N01E021302A in Section 2, Township 62 North, Range 1 East, B.M.
Ms. Vogel said the applicant had already applied for a private road name of Royal Drive and it was approved by the Commissioners. The private road will access the highway under ITD jurisdiction and was permitted under permit #1-21-251. Panhandle Health stated that they do not have a sewage disposal application at this time and any dwelling constructed will need to apply. One public comment was received from a neighboring property asking about how the fence would be maintained between her property and theirs.
Commissioners had no questions for staff.
Chairman Robertson asked for the applicant to present. Sheriff Stolley stated that properties will be accessed with the private road and easements granted to each parcel. The wetlands on the parcels will be considered for the septic. He has reached out to Panhandle Health but has not had time to do the test holes. As for the fence, he said that it has been partially removed and they plan to remove the rest of it as well.
Commissioners had no questions for the applicant.
Chairman Robertson called for anyone to speak in favor, neutral and in opposition of the application. No one spoke. The Commissioners did not have any clarifying questions and the applicant declined to give a closing statement.
Chairman Robertson closed the hearing and called for deliberation. Commissioners worked through their decision-making worksheet and reason statement.
Chairman Robertson called for a motion.
Commissioner Bertling moved to approve the preliminary plat for Stolley Homes Subdivision, a proposed rural subdivision, File #25-0120, and direct staff to prepare written findings, a reasoned decision, and terms and conditions of approval, finding that the preliminary plat was in accord with the applicable zoning and subdivision standards of the Boundary County Land Use Ordinance, based upon the following reasons as read into the record. This action does not result in a taking of private property. Commissioner Pinkerton second. Motion passed unanimously.
The public hearing ended at 2:46 p.m.
At 3:00 p.m. Commissioners held a public hearing for FILE 25-0112, rural subdivision via short plat, Driedger Real Estate Holdings LLC. Those in attendance were: Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, Deputy Clerk Stephanie Sims, P&Z Administrator Ben Jones, P&Z staff Tessa Vogel, Surveyor Cole Dorman, Surveyor Grant Dorman, Anthony Fleck, Maureen Palmer-Hooten, and John Drieger applicant. The hearing was recorded.
Chairman Robertson briefly reviewed the public hearing procedures. Commissioners cited no conflict of interest.
Ben Jones stated that the applicant was requesting preliminary plat approval of Propagation Point to divide 29.87 acres into a 10-acre lot and a 19.66-acre lot. The parcel is located off Kings Row Road in the Rural Residential zone, which requires a 5-acre density minimum. The proposed lots will use Bee Line Water Association and private septic systems and was identified as Assessor’s Parcel RP63N01E354250A in Section 35, Township 63 North, Range 1 East, B.M.
Mr. Jones said there are no addressing concerns and the applicant has not applied for an access permit at this time.
Commissioners had no questions for staff.
Chairman Robertson called for the applicant to present. Mr. Dorman did not have anything to add at this time. Commissioners did not have any questions for the applicant.
Chairman Robertson called for those who wish to speak in favor of the application. Applicant John Dreiger stated that he was breaking off a piece of property for his nursey manager to allow him to be closer to his place of employment.
Chairman Robertson called for those who wish to speak as neutral. No one spoke.
Chairman Robertson called for those who wish to speak in opposition. Maureen Palmer-Hooten stated that she lived north of the property and had a number of questions. Chairman Robertson stated that she could ask her questions and the applicant could choose to answer them during the rebuttal. Ms. Palmer-Hooten wanted to know if they had applied for Bee Line Water and if there were any future plans for additional development.
There were no clarifying questions from Commissioners.
Chairman Robertson asked the applicant for their closing statement. Mr. Dreidger stated that they do not have a Bee Line membership at this time and he has no intention of further development or access.
Commissioners had no further clarifying questions.
Chairman Robertson closed the hearing and called for deliberation. Commissioners worked through their decision-making worksheet and reason statement.
Chairman Robertson called for a motion.
Commissioner Bertling moved to approve the preliminary plat of Propagation Point, a proposed rural subdivision, File #25-0112, finding that the proposal was in accord with the standards of Idaho Code and Section 7 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings, conclusions and conditions as written and based upon the following reasons as read into the record. This action does not result in a taking of private property. Commissioner Pinkerton second. Motion passed unanimously.
The hearing ended at 3:16 p.m.
At 3:30 p.m. Commissioners held a public hearing for FILE 25-0097, RURAL SUBDIVISION VIA SHORT PLAT, DAWSON LAKE ESTATES, LLC. Those in attendance were: Chairman Ben Robertson, Commissioner Tim Bertling, Commissioner Lester Pinkerton, Deputy Clerk Stephanie Sims, Road & Bridge Assistant Superintendent Adam Ryals, P&Z Administrator Ben Jones, P&Z staff Tessa Vogel, Civil Attorney Bill Wilson, applicant Shontel Garcia, applicant Tim Garcia, Dick Staples with JRS Surveying, and Coral Koberstein with JRS Surveying. The hearing was recorded.
Chairman Robertson briefly reviewed the public hearing procedures. Commissioners sited no conflicts of interest. Commissioner Bertling disclosed a conversation that he had with USFS employee Ed Koberstein concerning the possibility of moving the USFS road. The result of the conversation was that it would be very challenging to move.
Ms. Vogel gave the staff report. Ms. Vogel stated that the applicant was requesting preliminary plat approval of Dawson Lake Estates to divide two (2) parcels totaling 90.42 acres into nine (9), 10-acre lots. The parcel is located off USFS Road #2222 in the Agriculture/Forestry zone, which requires a 10-acre density minimum. The proposed lots will use private wells and septic systems and are identified as Assessor’s Parcels RP63N02E306601A and RP63N02E309000A in Section 30, Township 63 North, Range 2 East, B.M. Ms. Vogel stated that this file was tabled at the June 24, 2025, Board of County Commissioners hearing and testimony is limited to new information only.
Ms. Vogel said the applicant provided a recorded (instrument #300399) and signed copy of the consent agreement with USFS. The agreement was signed by District Ranger Heather Fuller and Timothy Garcia who is one of the applicants. She added that the applicant also included the easement document for Idaho Department of Fish and Game Road #2222 referenced in the USFS consent agreement. Ms. Vogel noted that easement 4755 noted that it can be extended to other users including members of the public. A revised preliminary plat was also submitted and she noted that any errors or omissions on a plat map would be caught by P&Z before signing and recording.
Chairman Robertson asked Civil Attorney Bill Wilson if he had reviewed the consent agreement. Mr. Wilson responded yes, he had and agreed that it does appear that is the intent of the agreement.
Dick Staples added that the consent agreement is not a consent to use the road. It was a consent to get off that road to get to their property.
Commissioner Bertling stated that they are saying it is a public road. Mr. Staples responded yes.
Chairman Robertson called for anyone to speak in favor, neutral and in opposition of the application. No one spoke. The Commissioners did not have any clarifying questions and the applicant declined to give a closing statement.
Chairman Robertson closed the hearing and called for deliberation. Commissioners worked through their decision-making worksheet and reason statement.
Commissioner Pinkerton stated that he had an issue with the original USFS agreement, but I believe that has now been resolved.
Chairman Robertson stated that I think we do have some concern with the site distances.
Commissioner Bertling stated that the approach to the county road was challenging at best.
Commissioner Pinkerton stated that we recently had a speed study done in that area. Commissioner Bertling responded yes, and the access would take some work.
Chairman Robertson asked if Commissioners were proposing a solution. Commissioner Bertling stated that we can have Road & Bridge and USFS work on that to come up with a plan.
Chairman Robertson asked if you are stating that we should table or deny this until that was rectified. Commissioner Bertling stated that the wetlands will be challenging and the road needs to be raised so it was not so steep where it accesses the county road.
Commissioner Pinkerton stated that he didn’t have experience with this. What he understood was that it was adequate.
Commissioner Bertling stated people don’t see the challenges when they buy property. The BOCC was then having to deal with the problems after the fact.
Commissioner Pinkerton asked if we can require those changes. Ms. Vogel replied yes, you can require off-site improvements.
Commissioner Bertling asked how do we have recourse to make sure that happens. Ms. Vogel stated it would depend on what you want to see, but the plat would not be signed or recorded until that work was done.
Chairman Robertson asked Mr. Ryals if there was adequate site distance. Mr. Ryals replied yes.
Chairman Robertson then asked Mr. Wilson if we know that people are not following the posted speed limit, if that was reason to say it requires more site distance. Mr. Wilson responded that you would be putting a higher standard on the applicant. This sounds like it was potentially an enforcement problem.
Commissioner Bertling said that if the approach to the county road was improved, he would not be as worried about it. He then asked Mr. Ryals what the grade is for the road standard. Mr. Ryals replied 2%.
Commissioner Pinkerton asked if the road can be remedied to meet the standards. Ms. Vogel replied that you can make that a condition. The approach onto Meadow Creek Rd, for NFS Road #2222 would need to meet the Boundary County Road Standard.
Commissioners continued to work through their reason statement.
Chairman Robertson called for a motion.
Commissioner Pinkerton moved to approve the preliminary plat for Dawson Lake Estates, a proposed rural subdivision, File #25-0097, and direct staff to prepare written findings, a reasoned 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 Land Use Ordinance, based upon the findings as written and conditions as amended and read into the record to include condition #9 as read by staff and based upon the reasons as read into the record. This action does not result in a taking of private property. Commissioner Bertling second. Motion passed unanimously.
s/________________________________
BEN ROBERTSON, Chairman
ATTEST:
s/_______________________________
GLENDA POSTON, Clerk
By: Stephanie Sims, Deputy Clerk