County Commission Meeting Minutes

August 14, 2000


         Present for the meeting were Commissioners Neal Christiansen, Glenn Davis and Frank Mackert.  The minutes of the previous meeting were read and approved.

  Elected Officials: Meeting with the commissioners on the regularly scheduled monthly meeting were the elected officials Assessor Ivel Burrell, Treasurer Patricia McCoy, Prosecuting Attorney Penny Stanford, Clerk Abbie Mace and Deputy Clerk Jamie Rigby was present to take minutes. Issues concerning the landfill and the budget were discussed.  Some suggestions to increase the budget were to raise the landfill fee or start sorting the garbage.        

Treasurer Patricia McCoy will be Curtis Jeppesen’s supervisor in the maintenance department. There was a discussion about hiring someone to help with the ground work.

         Commissioner Glenn Davis reported on meeting with Rick Brown concerning the lift station at Macks Inn. It was satisfactory resolved. Dan Lostutter will report on two other easements for access to the pump site.

         Assessor Ivel Burrell has met with a woman from American Linen about purchasing air fresheners for the courthouse.  It will cost $100.00 a month.  The commissioners decided to do a thirty day trial basis and go from there.

  Ard’s Landfill: J.D. Ard was here to discuss his landfill.  A written letter was sent to J.D. from Penny Stanford’s office regarding the concerns of Ard’s landfill.  J.D. requested a written list of all the concerns before he goes any farther.  Penny suggests that J.D. needs to make an appointment with John Kirpatrick with DEQ. 

  Eagles Nest Ranch Subdivision: As advertised a public hearing was held in the District Courtroom of the Fremont County Courthouse.  In attendance were Commissioner Chairman Neal Christiansen, Commissioner Glenn Davis, Commissioner Frank Mackert, hearing officer, Jerry Funke, Rod Eastvold, Prosecuting Attorney Penny Stanford, District Seven Health Department representative Jerry Woods, Clerk Abbie Mace, and Planning and Zoning representatives Karen Lords and Cathy Winters. Deputy Clerk Jamie Rigby was present to take minutes. Hearing officer, Jerry Funke, opened the public meeting at 9:30a.m.  Karen Lords gave a report on the legal description of the Eagles Nest Ranch Subdivision.  Rod Eastvold handed out maps of Eagles Nest Ranch subdivision and a development review checklist to the commissioners.  Mr. Eastvold provided information that the subdivision was within planning and zoning ordinances. 

  Public comments:          


Marvin Smith, Developer, representing Dean Bawden, Developer

                  Comments to support the approval of the subdivision.         


Dean Bawden, representative for Eagles Nest Ranch LLC

                  Comments that the development will be sensitive to wildlife requirements.


Rick Byrum, Surveyor for Developer

                  Comments that the development meets and exceeds the codes.


Jack Barraclough, Hydraulic Engineer for Developer

                  Comments that the water at the development meets water codes.


Lee Nellis, Principle author of compliance ordinance (video)

Showed noncompliance of development code on over site.


Chuck Brockway, Hydraulic Engineer, representing the appellants

Reviewed the water and soil quality of the Eagles Nest Ranch Subdivision. He feels that the subdivision is in noncompliance on water and soil codes.


Bob Cowan, represents the appellants

Comments on the concern of access to the Cowan property that has been in use for a large number of years. He submitted a petition of people against the approval.  He asked the commission to address the no trespassing signs and the lots for sale advertisements


Tim Hopkins, Lawyer from Idaho Falls, representing the appellants

Comments on ATV damage and erosion, mowing of sagebrush before public hearing was held, also gave resume of Lee Nellis.


Jerry Woods, District Seven Health Department

Determined that preliminary test wells and septic systems were in compliance. Further testing will be done.


Roger Kaman, representing the developer of Eagles Nest Ranch LLC

He has been fixing and building the roads.  He placed no trespassing signs on Mr. Bawden’s property.


Bob Wilkins, representing the appellants

Comments on being an adjacent property owner and feels that the development is in noncompliance. 


John Keith, represents the appellants

Comments on being an adjacent property owner, and would like consideration for larger size parcels, which will create a lower density development.


Rod Eastvold

Went over the code score sheet to clarify some misunderstandings.  The present information presented by Mr. Nellis was not the material used at the hearing of the preliminary subdivision.  He gave a clarification on the requirements for the preliminary subdivision approval. He recommends the approval of the subdivision.




Dean Bawden, Developer

Comments on understanding the difference between preliminary and final plat approval.


Jack Barraclough, Hydraulic Engineer

Discussed more water issues and the nitrate problems.


Rick Byrum, Surveyor

Comments on the road access.  He discussed this issue with the forest service and everything is in compliance with the codes.


Marvin Smith, Attorney for Developer

Comments that this is the time for building roads.  Discussed the issue of mowing sagebrush. He stated that, legally, it could be mowed if it is on private property.


Bob Cowan, Property owner

Commented that the ATV erosion is not only from the people in the Cowan subdivision, but the public.


Commissioner Glenn Davis made a motion to table their discussion and make a decision within 10 days. Commissioner Frank Mackert seconded the motion. A voice vote was taken, all commissioners voted in favor.

         Public hearing officer, Jerry Funke closed the public hearing meeting.


Social Services: Deputy Clerk Debbie Adams, Social Services Director, met with the commissioners in closed session to review medical claims.  Commissioner Glenn Davis made a motion to approve medical claim #2000-207 for $17,000 before negotiations; this claim is reconsideration due to a Medicaid denial. Commissioner Frank Mackert seconded the motion.  A voice vote was taken with all commissioners voting in favor.  Other business was one new lien and one release. The commissioners signed three reimbursement orders.  

Surplus Sale: The bids were opened for the sealed surplus sale and were awarded.

  Treasurer’s Report: Treasurer Patricia McCoy gave a monthly report. A cancellation for the month of July was $247.25. Commissioners accepted report.  McCoy spent a week at the Treasurer’s Conference. Bankruptcies and investments were discussed at the conference. McCoy suggested that they might need to hire someone to help with the bankruptcy cases in the future.          

Property Tax: Dan Riddle was here to discuss the taxes on a mobile home. There was a lien on the mobile home and the county took the tax deed of the trailer in March 2000. Mr. Riddle did sale the trailer. He had to pay taxes on the trailer because it was on his property and he did have the title. Mr. Riddle has paid $300.00 in taxes. The 1999 taxes on the mobile home were $189.00, and the year 2000 taxes were $110.00. He would like some kind of reimbursement from the county.  Commissioner Glenn Davis suggests that they split the $300.00 and credit him $150.00.  There was an agreement to credit Dan Riddle $150.00.     

D.A.R.E. Program: City councilman, Richard Law thanked the commissioners for supporting the D.A.R.E. program.  City Attorney Penny Stanford drew up a joint powers agreement regarding the D.A.R.E. program, which was handed out to the commissioners to look over. Deputy Len Humphries was representing the sheriff’s office.  There is a concern with the sheriff’s office of whether or not this funding will effect their budget.  There has been good and bad feedback about the D.A.R.E. program. 

The issue of recycling was brought up. Councilman Law suggests that various containers be set out for recycling matters.  Councilman Law said that he would share these ideas with the city council members. There was a question about the lease between the county and the city on the landfill. Councilman Law was not aware of the lease and will discuss it with the council members. 

  Emergency Services: Emergency Services Director, Bill Wuthrick, met with the commissioners. Concerns about the fires in the area were discussed.  There was a concern about people burning their garbage.  A no-burn ordinance was considered and discussed.  Commissioner Glenn Davis made a motion for a no burn ordinance.  Commissioner Frank Mackert seconded the motion.  A voice vote was heard all commissioners voting in favor, contingent on the recommendation from the county prosecuting Attorney Penny Stanford.  Bill requested an expense report.  The first part of September Bill will be going to a meeting dealing with terrorism.  The LEPC meeting will be held Tuesday, August 15, 2000.

  Public Hearing: As advertised a public hearing was held in the commissioner’s room concerning two ordinances.  The first ordinance allows day use only and prohibits overnight camping at the Ora Bridge Access site; declaring that violation is a misdemeanor, and providing penalties therefore; and, declaring the effective date hereof. Commissioner Frank Mackert made a motion to accept the ordinance. Commissioner Glenn Davis seconded the motion. A voice vote was heard, all commissioners voting in favor. The ordinance shall be in full force and effect beginning April 1, 2001. The ordinance number is 2000-05.

         The second ordinance allows the use of campground facilities at Frome Park; making it unlawful for any person or party to camp at Frome Park longer than fifteen consecutive days in any six week period; declaring the punishment therefore; repealing any conflicting ordinances; and, establishing the effective date hereof. Commissioner Frank Mackert made a motion to accept the ordinance. Commissioner Glenn Davis seconded the motion.  A voice vote was heard, all commissioners voting in favor.  The ordinance shall be in full force and effective beginning April 1, 2001.  The ordinance number is 2000-06.

         Parks and Recreation Chairman, Tamra Cikaitoga, ordered a new groomer. The golf course was discussed. The golf course isn’t operating in the black. Commissioners suggested forming a committee to look into leasing the golf course. Commissioner Frank Mackert made a motion to accept the formation of a committee. Commissioner Glenn Davis seconded the motion.  A voice vote was heard, 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 August 28, 2000.

          Dated at St. Anthony Idaho this fourteenth day of August 2000.