County Commission Meeting Minutes
May 10, 1999

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

Roads: Forest Service Representatives Kendall Adams and Wally Bunnell met with the commissioners on road issues. Property owners Gary Marsden and Derald House and LaMar Swenson met on a road that Marsden and House border. The Forest Service obtained the road right of way (amounting to two acres – 33 feet wide and 2,640 feet long) and they are finished using the road. Derald House has requested the road be closed and deeded to the property owners and kept for a farm road only. Road Supervisor Weldon Reynolds is concerned about erosion on a one mile of forest boundary.

House requests the easement be completely relinquished and not transferred to the county. Bunnell said that the Forest Service would do the survey work. Commissioners do not want to see the road closed. Marsden and House are concerned about their property and equipment being used by the public and if the road would go through or dead end at the forest boundary.

Bunnell reported on progress on turning some roads over to the county. The Mill Creek, Jackson Landing easements and the road discussed above. The commissioners instructed the Forest Service to begin the process on the right of ways on both pieces to the county.

Commissioners will continue to review the Schedule A road maintenance. They want to have the forest service put in writing what they will do on roads before the commissioners take any roads over.

Parks and Recreation: Parks and Recreation chairman, Tamra Cikaitoga met with the commissioners on the Yellowstone National Park Winter plan as a cooperating agency. Maps were provided. Five counties, including Fremont have been working on input for the proposed shut down of the park to winter traffic and allowed to input information until May 24.

Cikaitoga commented on the national organic law and violations made to it by the park service and the plan to keep a road open for that type access. Fremont County is concerned about the economic impact: the rental snowmobile business may be relocated heavily in Jackson Hole, WY. Alternative "B" is being recommended as the preferred alternative by Cikaitoga that will allow for some roads to be open for motorized vehicles and to request snow machine use with monitored emission ratings.

Road Supervisor Weldon Reynolds and Cikaitoga reported that they had been in contact with Utah Power and the problem with the remaining pier. The power company will arrange for a crane and the removal at their expense. The access for fishermen will need to be addressed that are portable. The power company does not feel they are liable and probably not authorize a permanent structure on their property.

Waste Water Systems: Dan Lostutter, supervisor of the Island Park/Macks Waste Water system and engineer Willie Tuescher from Forsgren engineers gave a report. The chlorinator and repair work at the old building at the lagoon were discussed. Tuescher recommended a change order be authorized for $12,780 for the work to be completed by DePatco, the contractors doing the upgrade to the system and Snowfluent. Tuescher said that including the change order, the county is still below the estimated budget for the upgrade. He discussed the other costs that are involved. Constructing a restroom at the site may be considered as part of the upgrade. The restroom is located at the shop at Macks but there is not one at the lagoon. A motion was made by Commissioner Glenn Davis to authorize the change order as recommended. Commissioner Frank Mackert seconded the motion, a voice vote was taken with all commissioners voting in favor. Commissioner Christiansen signed the change order.

A class will be held in June at the lagoon on June 17 for statewide operators, the classes will be certified for credit. Snowfluent will be a topic.

Flow records for Last Chance are being reviewed to see if Snowfluent should be pursued for the upgrade of that system. The lagoon storage is at capacity with the land application system, spaying treated water through two circle pivots. The snowmelt run off is increasing the flow to the lagoons.

Sawtelle Subdivision sewer lines, developed by Rex Wasden, has not been accepted by the county. Division of Environmental Quality, D.E.Q., needs to have a letter submitted from Warden’s contractor Jack Zollinger. A meeting between the developers, Kelly Wasden, Afton Wasden and the commissioners will be scheduled.

District Seven Budget Requests: Bruce Arnell, director for District Seven Health Department, gave the commissioners notice of the department’s budget hearing and request for fiscal year 2000. Fremont County is requested to budget $76,594 to be submitted to the department, the county would also budget the cost of the building upkeep, operation and maintenance which is reimbursed by the district.

Landfill: Butch Nagle, Landfill Supervisor and District Seven Environmental Sanitation Specialist Jerry Woods met on landfill concerns. The proposal from LaVar and Kathy Hunter for disposal of septic waste was discussed. Nagle is concerned on the security of a drying beds if placed at the landfill and the room needed at the site for inert construction and demolition waste, such as old furniture that is buried on a timely basis.

Woods said that the commissioners would set the rules to be followed if permission were given. Concerns on the cost of installation, fencing, and circulation of the waste were discussed and would need to be established. Liability and lease length and bond and or development agreements need to be addressed and who would be using the beds or restrictions made.

Hunter’s options outside of the county was discussed, including working with a private landowner, working with the City of St. Anthony, and using lagoons, the county’s or his own. Commissioners requested Nagle and Woods give them a list of written concerns on the proposal by the next commissioners meeting.

Social Services: Deputy Clerk Welfare Director Debby Adams met with the commissioners in a closed session to review claims for county services for medical care: Commissioner Glenn Davis made a motion on the following claims: to approve medical claim #99-178 for $3,650.62; to pre approve medical claim #99-168 for scheduled lab work and doctors examinations and treatment plans if needed with a reimbursement agreement. Commissioner Frank Mackert seconded the motion; a voice vote was taken with all commissioners voting in favor.

Health Insurance Renewal: Independent insurance agents Ken Anderson and Kaye Biorn, representatives for the Blue Cross Health Insurance policy with the county reviewed the claims and premiums for the year. Anderson explained the underwriting cost to Blue Cross and the county pool. The counties contracted with Blue Cross are rated by merit in a risk pool group. The maximum rate increase could be 30% for the pool. Rates will be available from the agents in July for budget consideration.

Red Rock Road: Representatives Jim Johnson and Kerry Oltmanns of the Division of Environmental Quality, D.E.Q., met with the commissioners on the air quality on the Red Rock Road. Road Supervisor Weldon Reynolds explained that the road was built up last fall to get ready for asphalt and is aware there have been problems relating to dust.

The state project replacing Osborn Bridge and replacing pavement on HW 20 was discussed. The county is anticipating using the pavement millings to surface the Red Rock Road. If the state project goes this year the county would put a 4-5" asphalt surface on the road.

There is concern on the narrow right of way by Moedl lane and that the roadway is widened. Reynolds said that the area by the RV park needs a little leveling and shoulder work. Johnson requests the county considers applying dust suppressant by the RV park at the same time DEQ is applying on their road by the park. Reynolds said that the complaints on dust are all along the road and not just by the park.

Under federal law, DEQ monitors complaints on air quality and must follow up on actions. Reynolds said that depending on the weather and the spring, by mid-June will work with the road build up, get the ground to widen the road and may then be able to work with the dust suppressant or have a clearer idea of what time frame the state project with the millings is going to be done. Reynolds reminded the group of the time constraints in the area on the roadwork with the tourist traffic in the summer. Commissioner Christiansen feels that the county should be cautious in the response as problems will surface across the county. Johnson recommends the county him give a three-year work projection on actions to remedy road problems.

A way of funding the road dust problems through grant funding, Congestion Mitigation Air Quality funds, CMAQ, was discussed, funding road dust suppressant or possibly oiling costs. Oltmanns suggested the county considers the funding and will research. Johnson said that the Idaho Falls office of DEQ has been expanded and will be more available for technical assistance.

Resource Agreement Concerns: Bob Frances met with the commissioners and supplied them with the findings in the Iowa law in a findings in the Supreme Court there. Commissioner Christiansen said that Attorney Penny Stanford had related an opinion on the law in Iowa and that the law has no bearing in Idaho at this time.

Planning and Zoning Administrative Assistant Karen Lords was present and explained options available to Frances through an appeal process. The farmers right to farm was explained as well as the correct way to split a parcel.

Property Taxes: Darren and Carrie Rhea met with the commissioners on property taxes and the homeowners’ exemption. Rheas moved to Ashton in May, and do not show the homeowners exemption on the tax notice. They were unaware of the need to sign up for the exemption and had not received the tax notice that is now past due and penalty and interest are charged. Change of address created problems with mail delivery.

Darren Rhea also is concerned on the school levy and tax as his children do not attend the public school. Rheas request the commissioners allow the 1999 homeowners exemption be allowed even though the deadline was April 15 and no application was made by that date. They also request help with the penalty and interest on the delinquent first half. Treasurer Patricia McCoy suggested the commissioners keep the late penalty charge on the books but to forgive the interest, allow Rheas to make payments on the 1998 tax payments, to consider an application for a hardship exemption for the 1999 tax year.

Treasurers Report: Treasurer Patricia McCoy gave an amount of $378.90 includes penalty for the month of April. Commissioners reviewed and approved cancellations as given. A cancellation for Jack Crellin was requested due to occupancy. Crellin had paid the first half of the taxes and the second half for $291.28 will be cancelled due to the occupancy error.

Beer and Liquor Licenses: One application for a beer and liquor license was reviewed and approved for Staley Springs Lodge, applicant J. Stanley Horton for bottled or canned beer consumed on the premises and sold as retail and liquor on the premises.

Planning and Zoning Administrator: Treasurer Patricia McCoy met with the commissioners and Planning and Building staff Karen Lords and Tony Robles on the vacancy for the Planning and Zoning Administrator. The previous administrator, Rodney Eastvold, has proposed to be available as a professional consultant and would contract to the county for consulting and some inspections.

If overtime is put in by Karen or Tony they will be paid for it at time and a half. Karen is to be given a pay increase, to the level offered for the administrator position for the time she is acting administrator. Commissioners will review the proposal for Eastvold consulting.

Advertisement to fill the position will be made through job service. No advertisement for the part time inspector will be made at this time.

Karen Lords discussed the impact zone agreement for the city of Ashton. The commissioners agree to have the city handle a petition for an RV park that would lay in the proposed impact zone.

Road and Bridge: Road and Bridge supervisor said that there is a $780 bill for excavating in the Teton River for flood control. There was discussion on the moving of a trailer house that is sitting on county right of way, the owner has no permits. Most seasonal roads are being opened as weather permits. Culverts are being replaced as needed.

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 24, 1999.

Dated at St. Anthony, Idaho, this tenth day of May 1999.