County Commission Meeting Minutes
April 8, 2002

Present for the meeting were Commissioners Glenn Davis, Richard Baker, and Bill Forbush.

Elected Officials: Meeting with the commissioners on the regularly scheduled monthly meeting were the elected officials, Assessor Ivel Burrell, Treasurer Patricia McCoy, Prosecuting Attorney Trent Grant, Sheriff Thomas Stegelmeier, Judge Keith Walker Clerk Abbie Mace. 

Prosecuting Attorney Trent Grant updated the commission on Stonegate Subdivisions, on sewer concerns.

Executive Session Commissioner Baker made a motion to go into executive session for possible litigation.  Commissioner Forbush seconded the motion.  A full voice vote was heard with all commissioners voting in favor.  Commissioner Davis declared the meeting open.

Commissioner Forbush made a motion to approve Resolution 2002-09 changing the fee for bad checks from $15.00 to $20.00.  Commissioner Baker seconded the motion.  A voice vote was heard with all commissioners voting in favor.

Treasurer Patricia McCoy presented tax cancellations for the month March in the amount of $6,454.09.

Assessor Ivel Burrell presented what Bill #488 would do to the counties assessments if the state tax commission has us go back in time 20 years or back to January of this year.  Ivel informed the commission about ordering 2 new computers. Commissioners asked Ivel to take care of Secretary’s Day gifts.

Sheriff Tom Stegelmeier suggested to the commissioners to move the backup generator for the sheriff’s office out of the garage to the south side of the sheriff’s office.  Sheriff Stegelmeier requested to have the sheriff’s office painted.  Commissioners agreed to have the sheriff’s office painted.

Clerk Abbie Mace presented one transfer of a liquor license Commissioner Baker made a motion to approve the transfer.  Commissioner Forbush seconded the motion.  A voice vote was heard with all commissioners voting in favor.

Commissioner Forbush signed an Amendment to Lease Agreement on the landfill.  This agreement will do away with the $1000 yearly fee in exchange for the county not billing the city landfill fees.

Commissioner Baker made a motion to sign a road maintenance agreement with the City of Island Park.  Commissioner Forbush seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Commissioner Forbush made a motion to approve the minutes from the previous commissioners meeting.  Commissioner Baker seconded the motion.  A full voice vote was heard with all commissioners voting in favor.

Commissioner Baker made a motion to approve one Junior College application.  Commissioner Forbush seconded the motion.  A full voice vote was heard with all commissioners voting in favor.

Steve Schmekle of the St. Anthony Work Camp appeared before the commissioners. With a need to increase their fees from $3.00 per hour to $3.25 per hour.  A contract was signed by the commissioners to reflect this.

David Schiess & Chris Park of Schiess & Associates, Sewer System Supervisors Dan Lostutter and Harry Barker, and Willie Tuescher of DEQ appeared before the commission to present the final report on the engineering study on Last Chance Waste Water Treatment facility.  Mr. Schiess presented a copy of the legal boundary of the Last Chance Sewer.  Mr. Schiess reviewed Amendment #4 Study of Wastewater Treatment facility.  Mr. Tuescher from DEQ gives his preliminary okay to go forward with the wet snow technology.  Commissioner Baker made a motion to sign contract with Schiess & Associates to go forward with design of a wastewater treatment facility.  Commissioner Forbush seconded the motion.  A full voice vote was heard with all commissioners voting in favor.

Commissioners also reviewed and signed the contract to lease evaporator equipment for the Evaporator Study at Macks Inn Sewer treatment facility.

Mr. Schiess reviewed the preliminary cost formula of amending the system development charge in county ordinance.  This will be assessed per development not per lot based on actual costs.  Sewer System Supervisors Dan Lostutter and Harry Barker gave Mr. Mike Vickers of the Stonegate 4 Subdivision a cost of $1200 per lot development charge, to process with his subdivision.

Sewer System Supervisors Dan Lostutter and Harry Barker submitted their monthly report.  Commissioners extended the contract of for cleaning the bathroom facilities at Macks Inn.  Dan proposed having a contract to clean lines on a rotating 5 year basis of approximately $8000 per year.  Commissioners asked Dan & Harry to look into this contract. Dan would like the commissioners to have the Road & Bridge review the road into the Last Chance Sewer Lagoons for snow plowing that will be required in the future, and have the fence moved on the road to the Macks Inn lagoon and improve road.

Bill Wuthrick Emergency Preparedness Director reported to the commissioners that we will have approximately 80% of normal run off on the rivers.  The nation weather service would like the county to put weather alert radios in Fremont County at the cost of approximately $40 each to the county.  The commissioners will contact the sheriff’s office to see if he is interested in this service.

Social Services Director Debbie Adams asked to meet with commissioners in closed session.  Commissioner Baker made a motion to go into closed session.  Commissioner Forbush seconded the motion.  A full voice vote was heard with all commissioners voting in favor.  Commissioner Davis declared the meeting open.  Commissioner Baker made a motion to deny case #2002-10 and deny case #2002-11.  Commissioner Forbush seconded the motion.  A full voice vote was heard with all commissioners voting in favor. 

Reid Miller – Ormond Construction reviewed with the commission the proposed 5County Detention Center, with the possibility of it being built in Fremont County. 

Executive Session Commissioner Baker made a motion to go into executive session for personnel reasons.  Commissioner Forbush seconded the motion.  A voice vote was heard with all commissioners voting in favor.  Commissioner Davis declared the meeting open.

Executive Session Commissioner Forbush made a motion to go into executive session for personnel and land litigation issues.  Commissioner Baker seconded the motion.  A voice vote was heard with all commissioners voting in favor.  Commissioner Davis declared the meeting open.

Gary Parker Superintendent, School Board Member Burke Hanks  – Fremont School District 215 They reviewed with the commissioners for the cost of a building permit on the new proposed high school in Ashton. 

Weldon Reynolds – Road and Bridge Report appeared before the commissioner to submit the road report.

Commissioner Davis closed the regular meeting and opened the public hearing.

Public Hearing on Road Abandonment

Commissioner Davis opened the hearing.  Clerk Mace read the legal description of the proposed abandonment.  All notices were met according to law.  Commissioners have no legal disqualifications. 

Commissioner Davis opened the meeting to public comment. 

Mr. Jim Marshall gave his request for road abandonment, explaining that he is willing to build a private road with legal access for adjacent property owners.  Commissioners asked if there would be a turnaround put in the end of the property.

Fritz Harrigfeld questioned where the new road would be built.  Mr. Marshall stated that it would be along the west boundary of the property.

Kevin Egbert stated that the road would be completely on the Marshall property.

Mr. Marshall submitted a map for the record of where the proposed road will be built.  Referred to as Exhibit A. 

Jeff Harrigfeld question if access will be granted on the existing road until the new road is completed. 

Commissioner Baker stated that the road will be put in before the abandonment. 

Kevin Egbert questioned if the new road will be a public or private road.  There was discussion as to what the new road will be. 

Janet Jenkins questioned the need for the new road to be a county road.

Road & Bridge Supervisor described the fact that the existing road is a county road, with very minimal maintenance, for the past 20 years.  It still is a public road until it is abandoned.

Mr. Marshall questioned the need for it to still be a public road.

Mr. Reynolds stated that the new road may need to be built to county sects of 60 foot right of way for future development.

Janet Jenkins stated that she has possible plans for development of her property and would need to have the public access on this new road.  Also stated that the new road would need to be in place before the abandonment.  She voiced concerns with the new pivot watering the new road and washing it away.  If the new road is a county road will it have the same maintenance as the existing road. 

Commissioner Forbush questioned the need for Mr. Marshall a 60 foot right of way.

Bob Jenkins questioned how many bends there would be in the road.  Commissioner Davis stated that there is a straight road with a 90 degree angle corner to the existing road.

Mr. Marshall stated the road will be built to the quality of the existing road.

Commissioner Baker suggested that the road be 10 to 12 foot road with a 60 foot right of way.  Mr. Marshall stated that the road would be built up with 4 to 6 inches of gravel. 

Kevin Egbert questioned will the county build the new road for the property owners. 

Jeff Harrigfeld questioned what that the new road to be built along the east side of the Marshall property. 

Mr. Marshall feels the new road would be a county road.

Commissioner Davis stated that the road would be maintained as a county road for the needs of the property owners.

Mr. Reynolds stated that by state code there would be a 50 foot right of way on existing road.  Mr. Reynolds suggested the need for an addition 10 right of way deeded to the county.  Suggested that the road be built adjacent to the Egbert property with the easement on the inside of the property. 

Attorney Grant questioned if there were any further questions of the group.

Bob Jenkins questioned who would approve the new road to meet specifications.

Commissioner Davis stated that the road would be inspected by the county.

Assessor Ivel Burrell questioned will the abandoned road be deeded to Mr. Marshall and will the existing road be deeded to the county.

Attorney Grant questioned will the new road be a public road, private road or how will it be maintained.

Mr. Marshall stated that the road would be a possible county road. 

Commissioner Baker stated that Mr. Marshall would have ownership of the abandoned road.

Mr. Marshall questioned what he would need to build the road.  Commissioner Forbush stated that the county would expect a 60 foot right of way with a 20 foot road base.

Commissioner Davis stated that the new road would not be taxed. 

Mr. Marshall questioned if the road would need to be surveyed. 

Attorney Grant stated that there would be a 60 foot right of way, with a road base to meet current road quality.  There would need to be a legal description of the new proposed road. 

Mr. Reynolds stated that the need for a surveyor for a certified legal description. 

Commissioner Baker stated the need for a survey to be done at the expense of Mr. Marshall.

Attorney Grant stated that the commissioners could deliberate the proposed road abandonment, or table for future.

Commissioner Davis asked for a motion to accept the new proposed roadway

Mr. Marshall asked if he was tied to the decision if he opts not to do the proposed abandonment.

Attorney Grant stated that Mr. Marshall would have the ability of back out of the proposal until the resolution and facts finding and conclusions are submitted.

Commission asked Mr. Marshall if he wanted to go forward with this proposal

Mr. Marshall stated he wants to go forward with the process, but has concerns for the new road to be inspected by the county. 

Mr. Egbert questioned if the road can be moved to the east side of the property.  Stated that development of the property would be more appealing. 

Commissioners stated that there would only be one county road.  That if in the future any additional road would be a private road.

Questions were asked which side of the property would be the least expensive to build the new road.

Mr. Marshall would like to put the new road on the west side of his property, and that it would be a county road. 

Attorney Grant explained that the new road would be a 60 right of way deeded or granted to the county.  Mr. Marshall would need to build a road equivalent to or better than the existing road.  The old road would not be abandoned until the county accepts the new road.

Commissioner Baker made a motion to accept the new road as explained by the county attorney.  Commissioner Forbush seconded the motion.  A full voice vote was made with all commissioners voting in favor.

Public Hearing was closed.

Commissioner Davis declared the commissioner meeting open.

Road and Bridge Supervisor Weldon Reynolds will up together bid proposals for a new road grader for next commissioners meeting.

5 County Detention Center Commissioner Baker made a motion to waive the building permit for the proposed 5County Detention Center.  Commissioner Forbush seconded the motion.  A full voice vote was heard with all commissioners voting in favor.

There being no further business to come before this Board the meeting was recessed until the next regularly scheduled meeting to be held on April 22, 2002.

Dated as St. Anthony, Idaho, this eighth day of April 2002.