FREMONT COUNTY COMMISSIONERS MEETING MINUTES February 12, 2018 Present for the meeting was: Commissioners Jordon Stoddard, Lee Miller and Bill Baxter Also attended by: Clerk Abbie Mace, Deputy Clerk Amy Stoddard and 4H Director Dana Miller Commissioner Stoddard called the meeting to order and welcomed those in attendance. 4H Director Dana Miller RE: NRA Grant and Intern Ms. Miller presented the NRA Grant to the commissioners. Commissioner Miller made a motion to accept the NRA Grant in the amount of $8,826.64 Commissioner Baxter seconded the motion. A full voice vote was heard with all voting in favor. Ms. Miller reported that she got six new learning kits. They hired a new secretary, Amber Kunz. She starts today. She has had a couple interns from BYU-Idaho who are interested in doing an internship in Family Consumer Science. Another Intern from Utah State University would really like an internship in Family Consumer Science. Her name is Shaelin Perkins. Ms. Miller will look into funding an intern. She goes to the 4H Shooting Sports Club on Saturdays from 9-10 am. There has been a really good turnout. She has a training meeting at 6pm for 4H leaders. She asked Commissioner Stoddard to attend the training at the annex. Chief Deputy Clerk Lori Beard RE: Shortage in Auditors Trust Line Ms. Beard reported that they have been cleaning up accounts in the Auditors Trust. The account in 2006 is short $52,348.99. They would like to balance the trust and close the account. She is keeping spreadsheets to account for the all the money so this doesn t happen again. They will take it from the Emergency Reserve Fund. Commissioner Baxter made a motion to use Emergency Reserve Fund in the amount $52,348.99 to close out old Emergency Management Grants. Commissioner Miller seconded the motion. A full voice vote was heard with all the commissioners voting in favor. EMS Director Bob Foster RE: Department Report Mr. Foster reported we have a problem developing with Medicare patients. They are refusing to pay their co-pays. We are almost to $2,100.00 on co-pays. He would like to turn them over to collections or write them off. He has reached out to the patients and there has been no response to pay. He is working on writing up a policy that requires patients to pay or they will go to collections. Commissioners feel that they should be sent to collections since they haven t made an effort to pay what they owe. He presented a proposal from Priority Emergency Vehicles to purchase a new ambulance. It is a 2017 F350. It would replace the Ashton #1 Ambulance. They plan to sell Ashton #3 and set up an Ashton #2 for Emergency response. The new one is four wheel drive. Commissioner Baxter made a motion to purchase a 2017 Ford F350 4x4 Type 1 gen 2 Ambulance in the amount of $107,092.00. Commissioner Miller seconded the motion. A full voice vote was heard with all the commissioners voting in favor. 1
Public Works Director Brandon Harris Re: Bid Opening for 600 N Bridge Pre-Cast Bridge Mr. Harris presented the Commissioners with a Bid for the Bridge on 600 North from Comtech in the amount of $167,552.41. They will look into different options for replacing the bridge. Possibly look into doing a cast in place Bridge. Mr. Harris will review the Bid and then discuss it with the commissioners. Chief Deputy Prosecuting Attorney Brock Bischoff RE: Executive Session 74-206(1)(f) Commissioner Stoddard made a motion to go into executive session pursuant to IC 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; at 10:14 a.m. Commissioner Miller seconded the motion. A roll call vote was taken with Commissioner Stoddard voting Aye and Commissioner Miller voting Aye. Commissioner Baxter voting Aye Commissioner Stoddard declared the meeting open at 10:42 a.m. Work Meeting on Morning View Drive including the Turnaround in Morning View Drive Subdivision on Morning View Drive Commissioner Stoddard stated that this is to review the information and testimony given at the Public Hearing on the Morning View Drive including the Turnaround in Morning View Drive Subdivision. The commissioners can ask questions from those in attendance as long it pertains to the hearing. Commissioners reviewed the minutes from the hearing. Tom Cluff of Planning and Zoning presented three questions pertaining to the process of this work meeting. 1) Is the existing turnaround public or private by prescription? 2) If it s public are you going to keep and continue to use it, maintain it or are you going to vacate it? 3) The road is public by dedication are you going to continue to maintain it and if not then are you going to declare it a Right of Way or abandon it? Last week Mr. Cluff met with Public Works Director Brandon Harris based on their discussions they recommend we maintain the entire length of the road and inquire a new turnaround at the end or we don t maintain any of the road to be consistent on any treatments of Subdivisions within the rest of the county. Commissioner Miller reviewed the testimony from both hearings that we ve had. In both meetings the majority of the people have stated to leave the turnaround where it is. There were only a few that felt it should be moved to the end of the road. The turnaround has been where it is since the beginning. Commissioner Stoddard asked do you think we should continue the maintenance of the road. Commissioner Miller asked if we ve been maintaining the road how do you quit maintaining the road and it is legal to do so. 2
Deputy Prosecuting Attorney Brock Bischoff stated that you can quit maintaining it if you change it to a public Right of Way or vacating it entirely. Commissioner Stoddard stated since we have been maintaining it for as long as the county has it may be a good idea to vacate the road or make it a public right of way. Commissioner Baxter asked do we make a policy that we will not maintain any roads within subdivisions. Commissioner Miller we ve done that in the past we have not maintained any new subdivisions that have asked for help within the subdivisions. Public Works Director Brandon Harris stated the policy was looked at in 2013 and then in 2014, this was a new criteria sheet it was decided we would keep the road on the snow plow map. There is nothing in an ordinance of this policy. Mr. Cluff stated it goes back into the 1980 s historically the county doesn t maintain or plow roads in subdivisions. He isn t sure on how strict the county was with enforcing it because we still have subdivisions that we plow today. Commissioner Baxter stated what we need to decide is do we make the turnaround public by prescription use or keep it and make it a Right of Way and not maintain the road. Deputy Prosecuting Attorney Brock Bischoff asked is there enough evidence in the hearings that was held to establish the turnaround was public by prescriptive use. Commissioner Stoddard stated in the hearings as long as it was used as a turnaround he believes that it was established that it was public by prescription. Commissioner Miller agreed with Commissioner Stoddard. Commissioner Baxter asks if we claim the road by prescription is that saying we want the entire road to the turnaround. Commissioner Stoddard that road is dedicated to the public, what happens to the turnaround? Why wasn t the turnaround on the original plat and not dedicated to the public. Mr. Bischoff said the turnaround was not dedicated to the public, it came into existence because people began using it as a turnaround. Mr. Cluff stated the developer developed the turnaround in that location, they gave the county a road and then did not build the road they gave the county, they built another road. The residents used it for years and then the county started maintaining it. Commissioner Stoddard asked if this road a bad road, did the county go in and build it up. 3
Commissioner Baxter asked was it already built up at the time when the decision was made that it was eligible for plowing. Mr. Harris assumes so. Commissioner Miller possibly thinks that one of the homeowners stated that maybe a contractor came in and did some work on the road at some time, but says it could be hearsay not testimony. Commissioners agree that the turnaround is public by presciption. Commissioner Baxter made a motion to declare the turnaround is public by prescriptive use. Commissioner Miller seconded the motion. A full voice vote was heard with all the commissioners voting in favor. Do we now keep the turnaround there for public use or do we vacate it? If we are going to continue maintaining it or allowing buses and snow plows then we d want to leave it open to the public. Or are we not going to have the turnaround open to the public then we can vacate the turnaround itself. Mr. Cluff asked do you want to keep doing exactly what you ve been doing and nothing else if so then we need to talk about the fences. If you want to do something different then you need to decide if you re going all the way to the end of the road or are you not doing anything. Commissioner Stoddard if we went all the way to the end of the road we would have to put a culvert in and then build the turnaround. He feels once we do that we ve accepted that road forever and will have to maintain it. Mr. Bischoff stated that the county wouldn t have to accept it forever, because based on other subdivisions and finances of the county it may need to be vacated in the future. Commissioners feel that we should declare the road and the turnaround public and maintain the road as we have done in the past. Commissioner Miller made a motion to declare the road and the turnaround public and maintain the road as we have done in the past. Commissioner Baxter seconded the motion. A full voice vote was heard with all the commissioners voting in favor. Mr. Bischoff asked the commissioners to clarify the motion. The commissioners clarified the motion for Mr. Bischoff. Commissioner Stoddard asked the commissioners if we should stay with what we ve had and not go beyond the culvert. Commissioner Miller feels that we should only go to that point where the turnaround is and vacate the road beyond that. 4
Commissioners discussed the fences on both sides of the road where the turnaround is. Commissioner Baxter asked if the county can offer to help the property owners to move their fence. Mr. Bischoff stated the county could offer if they wanted too. The fences are on property lines. How far back does the fence need to go so it s not effected by snow removal? The turnaround need to have a 100 ft. radius. It would need to be 50 ft. radius on each side from the middle of the road. This would require a survey to be done by the county. Commissioner Miller made a motion to amend the motion to declare the road and turnaround public and to include a 50 ft. radius at the existing turnaround. Commissioner Baxter seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Baxter made a motion to keep the remainder of the road Right of Way at the east end of turnaround and determine everything to the east of the Right of Way to be Public Right of Way. Commissioner Miller seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Baxter made a motion to amend the agenda to discuss the fences in the turnaround on Morning View Dr in Morning View Subdivision. Commissioner Miller seconded the motion. A full voice vote heard with all commissioners voting in favor. They discussed getting a survey done on the two pieces of property in question with the existing fences. When the survey is done and fences need to be moved the county will move the fences and put them up for the property owners. Moving forward they will talk to the property owners about moving the fences. Social Services Debbie Adams Re: Indigent Claims Ms. Adams presented 3 new liens and a release of a lien. She presented the 1st Quarterly Report for FY2018 for Indigent Assistance. Commissioner Miller made a motion to amend the agenda to talk about credit card for Court Clerks. Commissioner Baxter seconded the motion. A full voice vote was heard with all the commissioners voting in favor. There has been a lot of jury trials, the court clerks have had to use the sheriff s card to buy juror s dinner when Clerk Mace is not available. We would like to get the court clerks a credit card to be able to purchase dinner for the jurors. Commissioner Baxter made a motion to approve a credit card for the court clerks in the name of Lead Court Clerk Eileen Parker. Commissioner Miller seconded the motion. A full voice vote was heard with all commissioners voting in favor. GIS Greg Newkirk presenting Dolezal Park Div. 1 Mr. Newkirk presented the ERSI Invoice. 5
Commissioner Miller made a motion to approve the ESRI Invoice for $9,250.00. Commissioner Baxter seconded the motion. A full voice vote was heard with all commissioners voting in favor. Mr. Newkirk presented Dolezal Park Division 1. Commissioner Baxter made a motion to approve the Dolezal Park Division 1 Short Plat along with The Findings of Fact, Conclusions of Law and Decision. Commissioner Miller seconded the motion. A full voice vote was heard with all commissioners voting in favor. Planning and Building Administrator Tom Cluff RE: Executive Session IC 74-206(1)(a) Closed Session Department Report Mr. Cluff reported building permits for January 2017 was 8 permits, 1 was a new house. Building permits for 2018 were 9 permits, 1 was a new house. Commissioner Stoddard made a motion to go into executive session pursuant to IC 74-206(1)(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; at 1:22 p.m. Commissioner Baxter seconded the motion. A roll call vote was taken with Commissioner Stoddard voting Aye, Commissioner Miller voting Aye and Commissioner Baxter voting Aye. Commissioner Stoddard declared the meeting open at 1:24 p.m. Commissioner Miller made a motion to amend the agenda to have Tom Cluff s executive session IC74-206(1)(a) to be changed to an executive session IC74-206(1)(b). Commissioner Stoddard seconded the motion. A full voice vote was heard with all commissioners voting in favor. Public Works Director Brandon Harris RE: Department Report and Sewer Supervisor Jon Brown RE: Purchasing Some Lab Equipment Road and Bridge: Mr. Harris reported we are receiving a check for the Ora Bridge fund. Upon receiving the check we will then write out a check for the full match amount, they then will send out the state and local agreements. After all that it will go out to bid. He reported that we are having some issues with the 404 permit and the stream alteration permit. Mr. Harris met with the power company about relocating a power pole near Ora Bridge. They would like us to draft a letter to give them the go ahead to blast. The pole needs to go into the ground at least 15 ft. Mr. Harris is going to draft a letter to have the power company relocate the power pole. We may have some cost for survey. If all is a go they are going to start on the parking lot so boaters won t be in the way of construction. He discussed his concerns with the location of the boat ramp at Ora Bridge. Landfill: Mr. Harris set up a Special Work Meeting for the Landfill which will be held on Tuesday, March 20, 2018 at 9 a.m. He has a Solid Waste Conference in March that he will be attending. Sewer: He reported that the pilot should be here this week. Our big concern is that the waste temperature is low which is making it hard to get rid of the ammonia. He d like to do a small pilot project it would be about 1-1.2 gallons per minute. There will be a membrane facility in the snow maker shed. It will run for 12 weeks. They may plan to do another test at the end of summer. Sewer Supervisor Jon Brown explained all the equipment needed for the waste lab facility. He also presented a list of chemicals needed to run tests. He worked with HACH to get a reasonable price 6
for the chemicals and equipment needed to run tests. He will need to do two tests. The test is for a pilot study. To do it in house lab will cost when all said and done approximately $50,000. This new lab will need to be approved by DEQ. By doing this in house lab it will save money in the long run. Mr. Brown presented the Annual Report on Last Chance and Macks Inn. Mr. Harris is writing up a purposing plan for the Landfill and Road and Bridge. It will show a breakdown of everything he s doing. He should have it done within the next couple weeks. He will be presenting to the Island Park City Council next Thursday about the Landfill. Commissioner Miller made a motion to approve to purchase the chemicals for testing in the amount of $5,857.27 and purchase lab equipment from HACH in the amount of $10,682.09 Commissioner Baxter seconded the motion. A full voice vote was heard with all commissioners voting in favor. LeAnn Yancey RE: Island Park Preservation Coalition and Big Horn Hills Estates HOA Ken Watts from the Island Park Preservation Coalition presented to the commissioners about the previous meeting that they had on January 25 th. The Coalition addressed the issue of the ITD Targhee Pass Project. They reviewed the mission statement and decided it was appropriate for them to look at this project. They feel like it s a threat to the area because activity could be limited. The Coalition decided to invoke coordination on the ITD Targhee Pass Project as followed by the National Environmental Policy Act and Presidential Executive Orders covering Coordination. The members and officers also voted to add Ralph Kincheloe as a Coalition member. Mr. Kincheloe is the spokesman for the Big Horn Hills Estates Home Owners Association in matters regarding the Targhee Pass Project. He will also be a leader within the Coalition on this subject. He presented a letter that was written to the ITD from the IPPC. The Coalition is also going to request that ITD Prepare an Environmental Impact Statement on the Targhee Pass Project. The IPPC Has put together a list of issues associated with the project that could or should require an EIS. An EIS is required on the Targhee Pass Project to help protect the natural environment and the human environment as required by NEPA. Mr. Watts presented a second letter for the County Commissioners to draft a resolution to invoke coordination for the county on all State and Federal projects and plans which could have an impact on the objectives and goals contained in the Fremont County Comprehensive Plan. Ms. Yancey reported that when ITD first came to Island Park they had an original scope and a purpose and a need that was identified as the life of the road needed some attention, a new passing lane, and a truck ramp. She feels they have expanded their scope to include the wildlife overpass. She thinks that Fremont County should ask what that process was. The meetings were held in Island Park in 2017. Ms. Yancey went through the scope report. She found some issues with the scope report. She was able to get the report to someone in The Department of Interior. This is the third time this Corridor has been introduced. She also reported that Fremont County is the start of the whole program. The program is called the Migratory and Habitat Corridor Initiative. Lana Davis RE: Veteran Service Update Ms. Davis thanked the commissioners for the postage on the Christmas Cards. She gave the commissioners a letter that was received from a veteran. She reported that things are moving along and keeping busy. Ms. Davis s hours are consistently over 30 hours a week. Ms. Davis stated that there are a lot more veterans coming from other counties which is why she has been working more than 30 hours a week. Commissioners will review the Veteran Service Officer Position. 7
Kara Hidalgo (Idaho Art Lab) RE: Funding for Snow Plow Removal Ms. Hidalgo presented the financials from the Idaho Art Lab for the last four years. They are asking for support from the county for snow removal. They are asking for $1,000.00. Since this year was a mild winter and snow removal is not needed they are still asking for the funds. With the funds they will be able to continue to offer free Community Events in Fremont County. They have about 250 students that are in the Art Curriculum. Most kids that use the art facility do not pay to use it. Commissioners feel at this time they would like to review this further. Sheriff Len Humphries RE: Island Park Speed Limits Mr. Humphries reported that he has reached out to Mayor Tom Jewel of Island Park to speak on speed limits in Island Park. He feels that before any overpasses are built in Island Park it may be a good time to look at speed limit changes. Mayor Tom Jewel reported that he met with an ITD District Engineer and hopes that a decision will be made soon. We have six 45 mph speed zones from the Ashton Hill on up. He thinks that two 45 mph speed zones can be combined easily. Ponds Lodge to Elk Creek and Macks Inn to Island Park Village can be combined easily. We then can extend the 45 mph speed zone by Valley View to go to the border of where you cross into Montana. Another option may be to look at is 55 mph at night. What is considered night. We need to look into the 55 mph at night further. Commissioners feel that extending the 45 mph speed zones is a good idea instead of having it go up and down in such a short span of road. Moving forward a meeting was setup with ITD. The work Meeting is set for February 26, 2018 at 2:40 p.m. Sheriff Humphries reported that the Judge dismissed all the citations that were written on the Red Road because the ordinance in place does not have a penalty in it. There were approximately 40 citations. The commissioners will look into this ordinance further. Miscellaneous Commissioner Miller made a motion to approve the claims for January 29, 2018 as presented. Commissioner Baxter seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Miller made a motion to approve the minutes from the Public Hearing on January 24, 2018 as amended and minutes from January 29, 2018 as amended. Commissioner Stoddard seconded the motion. A full voice vote was heard with both commissioners voting in favor. Commissioner Baxter was absent from the vote. Commissioner Baxter made a motion to approve the junior college applications for Corbin Cox to the College of Western Idaho for the Spring 2018 academic year. Commissioner Miller seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Baxter made a motion to approve the junior college applications for Paige Fullmer, Dakota Hollist, Malorie Johnson, Kallie Larson and Bryndi Rigby to the College of Southern Idaho for the Spring 2018 academic year. Commissioner Miller seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioners reviewed a letter from Bryndi Rigby. 8
Commissioner Baxter made a motion to approve the junior college application for Bryndi Rigby to the College of Southern Idaho for the Fall 2017 academic year. Commissioner Miller seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioners reviewed the Contract for services between Five-County Detention & Youth Rehabilitation Center and Winegar Family Services for the amount of $1,000.00 per person. Commissioner Baxter made a motion to approve Contract for services between Five-County Detention & Youth Rehabilitation Center and Winegar Family Services for the amount of $1,000.00 per person. Commissioner Miller seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioners reviewed Idaho Liquor Catering Permit #1043. Commissioner Stoddard made a motion to approve Idaho Liquor Catering Permit #1043 to Ryan Samples, Cassia County Fair License #18557 for Fugowee Snowmobile Bingo Night on February 17, 2018. Commissioner Baxter seconded the motion. A full voice vote was heard with all commissioners voting in favor. There being no further business to come before the board the meeting was adjourned. Jordon Stoddard, Chairman Fremont County Commissioner Attest: Abbie Mace, Clerk 9