County Commission Meeting Minutes

April 24, 2000


         Present for the meeting were Commissioners Neal Christiansen, Glenn Davis and Frank Mackert. Clerk Mickie Funke was also present to take minutes. The minutes of the previous meeting were read and approved.


Elected Officials: Meeting with the commissioners in the monthly scheduled meeting was Assessor Ivel Burrell, Treasurer Patricia McCoy, Clerk Mickie Funke, Attorney Penny Stanford, Magistrate Judge Keith Walker and Sheriff Terry Thompson. County Business was discussed.

Sheriff Terry Thompson said he has rehired a deputy, Len Humphries, to fill a position. Judge Walker discussed the possibility of expanding the juvenile facility at 5C in Rexburg. Drug court for adults has been started.

Clerk Mickie Funke passed out the budget worksheets for FY 2001; the public hearing was set for Tuesday, September 5, 2000, beginning at 9:00 a.m. in the commissioners’ room. Treasurer Patricia McCoy was given permission to cancel personal property on the White Swan Bistro, the business has been closed for over a year and the building is empty.


Wilford Canal Road: Attorney Penny Stanford reviewed the road to the headgate of the Wilford Canal. A gate has been placed across the road, originally by the Daws and then by Clinton Peterson. If the road is public, it must have been maintained and used by the public over a period of five years. There is no record of the county maintaining the road, nor is the road on the county road map; that spraying weeds repairing the levy and law enforcement do not constitute making the road public.

         A petition may be submitted to the commissioners for a state survey that the petitioners pay for and to request a hearing. Stanford discussed binding court decisions for the public roads.

         Ace Daw said that keys are available for the Canal Board and the members. J.T. Beech said that the minutes do not reflect keys for everyone but only for the watermaster and board members. Daw said that they have no intention of keeping the members out, that he built the road with a Cat. The Bureau used the road on the south side to get to the dam. Bryant Kerbs was present representing the Canal Company, he said that he is not worried as long as there is clear access to maintain the canal.


Salem Road and Bridge Report: Project Engineer Dick Dyer and Road and Bridge Supervisor Weldon Reynolds gave an update on the Salem Road and Bridge project. Dyer reported that the Natural Resources and Environmental researchers inspected the property and feel that the land is basically wetlands. Dyer discussed participating in other projects to replace the wetlands. The Army Corps of Engineers want details; the Black Springs property has potential to develop viable wetland location for as well as other northern projects.

         An environmental assessment on the lynx is still needed. The Ute Lady Tress (a plant) has been listed but the area was deemed not suitable habitat according to the state study. If the Environmental Protection Act and the Army Corp of Engineers do not accept the state findings, an assessment will need to be done on the plant also. The cutthroat trout will not be listed at this time. Dyer said that an environmental clearance needs to be done, then the right of way will be pursued. Dyer reported that the Army Corp of Engineers has been most helpful.

         Reynolds submitted a written road report on the crew’s activities and plans for the season.


Rural Addressing: Janet Craven and Karen Lords from Planning and Building showed the commissioners a map that they have developed. They discussed the plans to get roads all named and numbered and into the Tiger file with the G.I.S. department. They plan to have layers with house and road numbers. They are interviewing applicants for the part time, seasonal position with the rural road addressing.


Social Services: Deputy Clerk Debbie Adams, the social services director, met with the commissioners in closed session to review medical claims. Commissioner Frank Mackert made a motion to deny medical claim #2000-156 for other resources. Commissioner Glenn Davis seconded the motion. A voice vote was taken with all commissioners voting in favor. Other business was the release of one lien, one catastrophic assignment and on order of reimbursement, and a one-time help for mortgage assistance of $300.00 was approved. The quarterly report was submitted detailing all assistance.


Request for Homeowners’ Assistance: Steve and Erlene Tanner met with the commissioners requesting a homeowner’s exemption be allowed for the 1999 tax year. He said they had filled in the application and moved into the home in November of 1998. Tanner claims he had returned the application but Assessor Ivel Burrell does not have any record in her file of the letter. They have applied for the homeowner’s exemption for the 2000 Tax year. The house is now for sale but Tanners cite poor economy and have dropped sale price. Commissioners determined to encourage Tanners to make payments on the taxes but are not allowing the exemption.


Chester Dam Access: Charley Sperry from the Henrys Fork Foundation, followed up on the Chest Dam access. He had written a request for an amendment to the type of use allowed on the Fremont County road within the property owned by Dan Olmstead who has plans to subdivide the property. Sperry asks the road be limited to non-motorized traffic and is petitioning the commissioners to hold a public hearing on the use change. He hopes that alternatives would be voiced at the hearing. Sperry is interested in having the property sold to one buyer to preserve access for sportsmen but feels that motorized access would be a deterrent to a sale.

         Attorney Penny Stanford discussed the public hearing held on the road within the Olmstead property where the commissioners determined that the road was public. District Court ruled to uphold the commissioners’ decision. Park and Recreation Chairman, Tamra Cikaitoga, said that she wondered if some people considered the land public where they have hunted and fished though it is private, the owners allowed the access.

         Sperry requests a delay in scheduling a heading until he talks with Dan Olmstead and his attorney to do some fact finding with them. Sperry stated that he wants to be on record to find a solution to work for the county and to determine how the access would occur.


Parks and Recreation: Parks and Recreation Chairman, Tamra Cikaitoga, asked the commissioners to sign the master agreement to allow the Fish and Game Department conduct a study at Frome Park, Ora Bridge access and the Vernon “Fritz” Bridge. The commissioners signed the agreement as requested.


Primary Election: County Clerk Mickie Funke, and Election Deputy Janice Sharp requested the commissioners set the polling places as per Idaho Code. The Primary Election is scheduled for May 23, 2000. Commissioners set the polling places as per the clerk’s recommendation to the same locations held for past elections.


Emergency Medical Services: Emergency Medical Services Coordinator Mary Lou Davis gave a quarterly report; there were 133 runs made by the ambulances. The new Island Park ambulance is scheduled for delivery in June. The St. Anthony ambulance building needs repairs on the exterior, signs and the sidewalks.


Snow Removal: David and Gogie Reynolds requested snow removal on county road 900 North. They will be treated the same as any other county road.


Stolen Property: Virgil Barg appeared before the Board with concerns about property stolen about four years ago. The statute has expired on the property, more information will be provided to the Prosecuting Attorney and Sheriff offices that will work to resolve the concern.


Public Hearing on Proposed Ordinances: As advertised, a public hearing was held on proposed ordinances. Commission Chairman Neal Christiansen called the hearing to order and stated that the purpose of the hearing was to review: proposed Ordinance (2000-02) on trespassing within 100 feet upstream of the Henry’s Lake Dam; and a proposed ordinance (2000-03) on possession of firearms on public property owned by Fremont County and a proposed ordinance on a leash law for dogs.

         Commissioner Christiansen called for comments, no written comments were given. There were 8 members of the public in attendance who made comments. The proposed leash law ordinance was objected to. Several questions were asked.

                  Commissioner Frank Mackert made a motion to adopt Ordinance #2000-02 as presented on trespassing 100 feet upstream of the Henrys Lake Dam. Commissioner Glenn Davis seconded the motion; a voice vote was taken with all commissioners voting in favor.

         Commissioner Glenn Davis made a motion to adopt Ordinance #2000-03 to prohibit firearms on public property owned by Fremont County. Commissioner Frank Mackert seconded the motion. A voice vote was taken with all commissioners voting in favor.

Commissioner Christiansen made a motion to postpone adoption of proposed ordinance on the leash law for dogs for two or more weeks to made time to advertise and make decisions on licensing. Commissioner Glenn Davis seconded the motion; a voice vote was taken with all commissioners voting in favor. A proposed ordinance will also be heard on reducing the parking fines for parking on roadways.


         There being no further business to come before this Board, the meeting was recessed until the next regularly scheduled meeting to be held on May 8, 2000.


         Dated at St. Anthony Idaho this twenty-fourth day of April 2000.