County Commission Meeting Minutes
April 14, 2003

Present for the meeting were Commissioners Gordon Smith, Bill Forbush, and Donald Trupp.

Elected Officials: Meeting with the commissioners on the regularly scheduled monthly meeting were the elected officials, Assessor Ivel Burrell, Treasurer Patricia McCoy, Sheriff Thomas Stegelmeier, Prosecuting Attorney Trent Grant, Clerk Abbie Mace and Deputy Clerk Suzanne L. Bagley was present to take minutes.

Sheriff Thomas Stegelmeier asked commissioners to go into executive session for personnel issues. Commissioner Trupp made a motion to go into executive session. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Forbush declared the meeting open.

Sheriff Stegelmeier discussed a new 911 system that would enable cell phones to be tracked in the event of an emergency. This will need to be in place within two years.

Treasurer Patricia McCoy gave commissioners cancellations in the amount of $4,759.18 for the month of March.

Clerk Abbie Mace will have Attorney Trent Grant respond to Mr. Bowers request for a tax refund. Commissioner Trupp made a motion to deny Mr. Bowers his request. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

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

Commissioner Smith made a motion to approve two Junior College Applications. Commissioner Trupp seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Clerk Mace presented commissioners with Resolution #2003-05 establishing the order of emergency interim successors in Fremont County for the purpose of declaring and handling emergencies and disasters in Fremont County. Commissioner Smith made a motion to approve Resolution #2003-05 establishing the chain of command in the event of an emergency. Commissioner Trupp seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Clerk Mace presented Commissioners a copy Resolution #2003-06 which will declare Fremont County in a State of Drought Emergency to be in effect until the end of the 2003 irrigation season or until otherwise terminated by resolution of the Fremont County Board of Commissioners. Commissioner Smith made a motion to approve Resolution #2003-06. Commissioner Trupp seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Commissioners agreed that Mountain View Court Services would continue working with Adult Probation for Fremont County.

Penny Stanford from Stanford Law Office gave commissioners a letter to see if the commissioners would be interested in purchasing her building. Commissioners would like to schedule a visit for next commissioners meeting to discuss this further.

Dick Dyer from the Dyer Group came before the commissioners with a contract for the Right-of-Way acquisition services on the Salem Highway road project. Road and Bridge Supervisor Weldon Reynolds suggested to the commissioners that the commission consider this option. Commissioner Trupp made a motion to accept Mr. Dyers offer to assist in the process of obtaining the Salem Right of Way project with the approval of County Attorney Trent Grant. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Fremont County Weed Supervisor Dave Rydalch came before the commissioners to ask the commissioners to sign a contract with the Idaho Department of Transportation to spray the highways for noxious weeds. Commissioner Trupp made a motion to sign the agreement. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Commissioner Smith made a motion to contact Idaho Crop Improvement to see if they are interested in contracting to certify weed free forage and straw program for the County. Commissioner Trupp seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Butch Nagle Landfill Supervisor came before the commissioners to discuss the review of the Landfill fees. Outside Auditor Ernest Jensen recommended to the commission that this could be looked at each year or as needed. Commissioner Donald Trupp made a motion to adopt a 5% increase for landfill fees. Landfill fees have not been raised since 1993 this will be for the 2003 tax year effective June 1, 2003. County Attorney Trent Grant will draw this up in resolution form. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Butch Nagle told the commissioners that Ted Gould has a piece of property at the Old Stud Mill, he would like to sell to the County. The commissioners will look into this.

Debbie Adams Social Services Director asked to meet with commissioner in executive session. Commissioner Trupp made a motion to go into executive session. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Forbush declared the meeting open. Commissioners signed one new lien, and one release of lien. Commissioner Trupp made a motion to approve case #G2003-92. Approve case #G2003-97. Approve case #G2003-99. Approve case #G2003-103. Approve case # G2003-104. Approve case #G2003-105. Approve case #M2003-14. Deny case #M2003-15. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Attorney Don Harris asked to meet with commissioners in Executive Session for litigation purposes. Commissioner Trupp made a motion to go into Executive Session. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Forbush declared the meeting open.

Public Hearing for Last Chance Sewer Expansion Bidding

Attorney Donald Harris made an opening statement about the legal bidding laws.

Attorney Jeff McConnell Attorney representing Edstrom Construction made a statement on behalf of Edstrom Construction. Mr. McConnell submitted Exhibit “A”

Affidavit of Mike Black.

Attorney Mark Fuller spoke on behalf of Depatco and submitted Exhibit B.

Mr. Harris made a statement to the fact that one of Edstrom Constructions sub-contractors was not licensed at the time of the bid.

Mr. McConnell stated that there was a time line of thirty days after the initial hearing referring to IC31-4007. Mr. Harris submitted Commissioners Exhibit “C” a letter from Nancy Michael on the licensing of Mountain West Mechanical and Commissioners Exhibit “D” A letter from Deputy Attorney General Keith R Donahue. Commissioner Trupp made a motion to go into Executive session for the purpose of obtaining legal counsel. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Bill Forbush declares the meeting open.

Attorney Donald Harris spoke on behalf of the commissioners. Mr. Harris state that Mountain West contracting was not licensed at the time that the bid was opened. Attorney Jeff McConnell stated that bids should be awarded in 30 days after opening according to State statues. The bid packet on this project stated that the bid would be awarded in 30 days and was signed by all bidders. Mr. Fuller stated to the commissioners that Depatco will stand by their bid. Commissioner Trupp made a motion to deny Edstrom the bid due to non responsiveness, and then made a motion to accept the bid from Depatco pending DEQ approval. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Mr. Vincent Birch a Fremont County Resident came before the commissioners to discuss a water shares issue between Mr. Birch and Stones Town & Country Motors which was then sold to the County. There was an error in the deed pertaining to water shares. Mr Birch asked the County to Quitclaim deed the water shares that do not exist back to him to clear up the error. Commissioner Trupp made a motion to sign the quitclaim deed pending the approval of Attorney Trent Grant. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Richard Horn, Deon Staker, and Owen McLaughlin from District Seven Health came before the commissioners to give their quarterly report.

Butch Nagle Landfill Supervisor came before the commissioners to open bids for a new backhoe.

Three bids were opened:

Western States bid $48,360.00

Scott Machine bid $43,500.00

Pioneer Equipment bid $55,162.78.

Commissioner Trupp made a motion to buy the John Deere from Scott Machine. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Mayor Bryon Parker from Teton City came before the commissioners to ask the commissioners to consider a joint powers agreement with the City of Teton for the purpose of contracting with the county building inspectors for the City of Teton. Commissioner Trupp made a motion to approve the joint powers agreement between the County and the City of Teton. Commissioner Smith seconded the motion. A full voice vote was heard with all commissioners voting in favor.

Mr. Parker asked commissioners if they would help in the recruiting of funds for a new sand rails for the ambulance.

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 28, 2003.

Dated as St. Anthony, Idaho, this fourteenth day of April 2003.