TETON COUNTY

BOARD OF COUNTY COMMISSIONERS MINUTES

Monday, October 28, 2024

9:00 A.m. - 10:00 A.m.

First Floor Commissioners' Meeting Room

150 Courthouse Dr, Driggs, ID 83422

Commissioners Present:

• Bob Heneage
• Cindy Riegel
• Michael Whitfield

Staff:

• Dan Reyes, County Manager
• Kim Keeley, Clerk
• Darryl Johnson
• Jade Krueger
• Wendy Danielson
• Tiffany Hicks

---

1.

MEETING CALL TO ORDER

2.

PLEDGE OF ALLEGIANCE

3.

ADOPT AGENDA

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve the agenda.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

4.

ACTION ITEMS: CONSENT AGENDA

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Pull the minutes from the consent agenda and approve items 4.1, 4.3, and 4.4 and 4.5 .

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

1.

Claims Report

• Approve the Claims Report as presented.

2.

Action Item: Minutes Approval

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve the minutes of 9/9/2024, 10/7/2024, 10/10/2024 and 10/18/2024 as revised.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

3.

Action Item: Certificates of Residency

4.

Action Item: Alcoholic Beverage License

5.

Action Item: Alcoholic Beverage Licenses 2025

5.

OPEN MIC

No one present wished to speak.

6.

PUBLIC WORKS

1.

Report: Public Works Dept. Update

Public Works Director Darryl Johnson presented his work. 

The property owner, Bill Lofholm, on Wylie Lane has requested County material to improve the road. He stated that it will be up to County standards. 

A property owner has approached Mr. Johnson about acquiring a gravel pit on the west side of Hwy 33 between 6000 S and 7000S. The property falls within the proposed Area of Impact for the City of Victor. 

The Sheriff's Office has asked that speed limit signs be placed on County roads. To place signs requires a traffic study. The Board discussed different metrics to determine speed limits.

The 2500 N project is progressing, the wearing surface will be applied this week. 

The Courthouse will be lit up with green floodlights to honor Veterans.

Weed Superintendent  Cameron Hieronymus was present to give his update on weeds management for the summer. Mr. Hieronymus, working with contract sprayer Joshua Chase, was able to hit all applicable right-of ways plus some extra based on public requests. He sent out advisory letters and received about 90% compliance. The Board thanked him for his comprehensive report. 

2.

Action Item: Road Grader Leases

• MOVER: Michael Whitfield
  SECONDER: Cindy Riegel

  Approve the equipment schedule with Bancorp for the lease of 2 graders at $57,430.97 as presented.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

3.

Action Item – W4000N Topographic Survey Contract

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve contracting topographic data collection survey to Badger Aerial Mapping for a not to exceed cost of $3,200. Services to be paid from 202-00-44000; Contracted Professional Services

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

4.

Action Item – Caterpillar 305e Lease Agreement

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Approve 5 year lease of a Caterpillar 305e with wrist grapple for the Solid Waste recycling operations. Year 1 lease payment to be paid from 223-00-80200.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

5.

Action Item – Garage Door Weather Stripping Contract Award

This will be paid from a reimbursement grant applied to by the Facilities Manager. There is no local match, but the County will need to pay any excess in the bid. Mr. Johnson anticipates that to be under $100. 

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Award the Weather Stripping Contract as presented to low bidder, The Door Man, for $9,717.46

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

6.

Action Item – Fair Pavilion Expansion Change Order No. 3

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve Teton West Change Order No. 3 in the amount of $591 for modifications to pavilion expansion construction tie to the existing structure. Change Order 3 to be paid from 290-00-80400.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

7.

Action Item – 2024/2025 Snow Removal Contract Award

No action was taken.

• Award the 24/25 Snow Removal Contract as presented to low bid, MD Nursery

7.

IT/EMERGENCY MANAGEMENT

1.

Action Item – Emergency Management Vehicle and Radio Purchases

• MOVER: Michael Whitfield
  SECONDER: Cindy Riegel

  Approve Greg Adams to proceed with the purchase of a heavy-duty pickup truck not to exceed $60,000 and two public safety radios not to exceed $10,000 utilizing impact fees, based on the 2022 Capital Improvement Plan and Impact Fee Study.

8.

CLERK

1.

Action Item: FY24 Juvenile Justice Annual Financial Report

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Approve the FY24 Juvenile Justice Report as presented.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

2.

10:50 AM Action Item: 2025 Health Insurance

• MOVER: Michael Whitfield
  SECONDER: Cindy Riegel

  Approve Teton County fy25 with Blue Cross of Idaho with dental option #1 as presented.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

3.

Action Item: Opening Budget to transfer funds from Fund 276 ARPA to the General fund.

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve transferring  $988,986 from Fund 276 ARPA  to the Fund 001 General Fund and deactivate Fund 276. 

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

4.

Action Item: Use Remaining Cash in the General Fund to increase several account lines

The Board asked for confirmation on the Front St Employee Housing portion that had been previously committed. The item will be put on a future agenda.

9.

OPERATIONS

1.

County Manager's Report

County Manager Dan Reyes presented his report, see attached in minutes packet.

Joint Housing Authority Director Jerod Pfeffer believes the question of whether the Front Street Project is funded will be known in December. 

10.

COMMISSIONERS

1.

EXECUTIVE SESSION: 74-206(1)(f) Legal

• MOVER: Cindy Riegel
  SECONDER: Bob Heneage

  Go into executive session per IC74-206(1)(f) legal

  Roll call vote.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

2.

COMMISSIONER'S REPORTS

Commissioner Whitfield highlighted a few presentations at the IAC Annual Fall Meeting, including the keynote speaker who discussed body language and a lengthy discussion of the new Ag Protection legislation and impacts on counties.

Commissioner Whitfield commended two particular Mountain Town Summit presenters, Dr. Ayana Johnson and Benji Backer. There are many examples of mountain communities doing a great job with energy efficiency and using renewable energy. 

Commissioner Heneage attended the Idaho Assoc of District Boards of Health annual meeting held in Idaho Falls. He was struck by how much funding has been cut to DEQ. 

Commissioner Riegel Report

Council of Governments - discussed Safe Streets for All grant with Idaho Transportation Dept (ITD). Public transportation was discussed, in particular the Targhee shuttle and its funding sources. ITD stated that there is currently only one turning lane on Hwy 33 in the seven year Transportation Improvement Plan (TIP). They are open to working on other priorities as identified in the SS4 grant. 

The Travel and Tourism  tax proposal is one of the top five priorities for Idaho Assoc of Counties. The proposal would increase the current tax of 2% to 4% and the 2% would go back to the county where it was collected to help mitigate the impacts of tourism. Currently the 2% goes to the Travel and Tourism Board to promote tourism.

3.

Discussion: IAC Litigation Assessments

The Board discussed the new optional assessment from IAC and determined not to opt in.

4.

Action Item:  Forensic Pathology Agreement with Bannock County

Approve the Forensic Pathology Agreement with Bannock County as presented.

• MOVER: Michael Whitfield
  SECONDER: Cindy Riegel

  Approve the forensic pathology agreement with Bannock County for a one month trial as presented. 

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

5.

Action Item – Project Greenlight, Resolution 2024-1028

• MOVER: Bob Heneage
  SECONDER: Cindy Riegel

  WHEREAS, the residents of Teton County have great respect, admiration, and the utmost gratitude for all the men and women who have selflessly served our country and this community in the Armed Forces; and  WHEREAS, the contributions and sacrifices of those who served in the Armed Forces have been vital in maintaining the freedoms and way of life enjoyed by our citizens; and  WHEREAS, Teton County seeks to honor individuals who have made countless sacrifices for freedom by placing themselves in harm’s way for the good of all; and WHEREAS, veterans continue to serve their communities in the American Legion, Veterans of Foreign Wars, religious groups, civil service, and by functioning as Veterans Service Officers in 29 states to help fellow former service members access more than $52 billion in federal health, disability and compensation benefits each year; and WHEREAS, approximately 200,000 service members transition to civilian communities annually; and  WHEREAS, an estimated 20% increase of service members will transition to civilian life in the near future; and  WHEREAS, studies indicate that 44% - 72% of service members experience high levels of stress during transition from military to civilian life; and WHEREAS, active military service members transitioning from military service are at a high risk for suicide during their first year after military service; and  WHEREAS, the National Association of Counties encourages all counties, parishes and boroughs to recognize Operation Green Light for Veterans; and WHEREAS, Teton County appreciates the sacrifices of our United States military personnel and believes specific recognition should be granted;  THEREFORE, BE IT RESOLVED, with designation as a Green Light for Veterans County, Teton County hereby declares November 4th  - Veterans Day, November 11th, 2024 a time to salute and honor the service and sacrifices of our men and women in uniform transitioning from active service;  THEREFORE, BE IT ALSO RESOLVED, that in observance of Operation Green Light, Teton County encourages its citizens in patriotic tradition to recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying green lights in a window of their place of business or residence from November 4th – 11th, 2024.

  Approved and adopted this 28th day of October 2024.

   

   

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

11.

BUILDING DEPARTMENT

1.

Report: Building Dept. Update

Building Official Wendy Koch presented her Building Dept report see attached in Minutes packet. 

12.

PROSECUTOR

1.

Action Item – Finding of Necessity Re: CV-2007-009

Mr. Reyes presented the item. 

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Whereas, the County had been served with a summons and named as defendant in Teton County Case No. CV-2007-009; and whereas, the County Prosecuting Attorney has advised us that her office does not have the manpower or resources to handle civil litigation of this nature; the Teton County Board of County Commissioners make a finding that it is necessary to employ outside counsel to defend the County in Teton County Case No. CV-2007-009 pursuant to the authority granted to the Board of County Commissioners in Article XVIII Section 6 of the Idaho Constitution and Idaho Code section 31-813.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

2.

Action Item – Engagement Letter with Hall Angell & Associates

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Having previously found it necessary to contract with outside Council, I move to approve the Engagement letter with Hall Angell & Associates to represent Teton County on Case No. CV-2007-009.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

3.

Action Item – Cross Deputizing Prosecuting Attorney

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve the appointment of Randolph Brian Neal as a Deputy Prosecuting Attorney under the terms provided in a previously executed cost sharing agreement between Teton and Bonneville Counties.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

13.

PLANNING AND ZONING

1.

1:00 PM -- PUBLIC HEARING: Skyline View Ranch Subdivision Final Plat Hearing

Assc. Planner/FPM Torin Bjorklund presented the staff report for the Skyline View Ranch Subdivision final plat hearing. The Board asked if the building envelope on lot 1 Block 2 satisfied setbacks.

Dustin Cutler, representing the applicant, stated that the setbacks do meet County standards and are called out in the development plan. The applicant has a cashier's check instead of a surety bond. The fire suppression system is not a well, it is a pond fed by an existing pivot well. He anticipates the sign will cost around $2,000. 

Public comment was opened at 1:33 PM.

No one present wished to speak.

Public comment was closed at 1:33 PM. 

Board deliberation. The Board discussed if the cashier's check was sufficient to cover the costs of improvements. Staff stated that they believed it was, particularly with the $17,000 budgeted for the sign. Staff clarified that the improvement plans have been updated with more detail.  

• MOVER: Michael Whitfield
  SECONDER: Cindy Riegel

  Having concluded that the Criteria for Approval of a Final Plat found in Title 9-3-2-D can be satisfied, I move to APPROVE the Final Plat for Skyline View Ranch Subdivision as described in the application materials submitted on June 18th, 2024, and additional information attached to the staff report, and provided within this meeting, with the following conditions of approval:

  1. Final plat will not be recorded until a technical survey review is completed. 

  2. Add a plat note to inform potential lot owners that the property is within a floodplain and may require a floodplain permit for development. 

  2. All building envelope setback measurements be included on the final plat. 

  4. Staff will confirm that the cashier's check covers 125% of the required development improvements.

   

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

2.

1:30 PM -- PUBLIC HEARING: Bertin Ranch Subdivision Final Plat Hearing [Continuation]

Mr. Bjorklund presented the update on this application. The financial surety is not 125% and the pre approval letter is inadequate.

Curt Behle, representing the applicant, stated that he believes the bond is adequate. 

Public comment was opened at 2:04 PM.

No one wished to speak.

Public comment was closed at 2:04 PM.

Board deliberation. Title 9-4-2-c-2 clearly spells out the requirements for financial surety. The Board discussed whether to continue or table the application until the financial surety condition has been met. 

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Having concluded that the Criteria for Approval of a Final Plat found in Title 9-3-2-D have not been satisfied, I move to table the Final Plat for Bertin Ranch Subdivision as described in the application materials submitted on May 22, 2024 and additional information attached to the staff report, with the condition that the applicant not return until the financial surety condition as indicated in the Code has been met.

   

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

3.

2:00 PM -- PUBLIC HEARING: Victor Area of Impact Update

Planning Administrator Jade Krueger presented the update. Victor P & Z, County P & Z, Victor City Council, and Teton County Commissioners started this process in 2022 with work sessions. 

Victor Planning Administrator Kim Kolner presented a report on the City of Victor's process and the updates they made.  

The Board asked staff about the downzoning to RA-35 from in some cases 2.5 acre zoning. The Board asked Ms. Kolner about the proposal to extend the AOI north to 6000 S. 

Public comment was opened at 3:02 PM. 

Sharon Woolstenhulme lives in the current AOI, questioned if any current AOI landowners were included in the work sessions. Ms. Woolstenhulme believes that the properties that are currently adjacent to city services should be included in the AOI. 

Shawn Litton, owner of the four parcels being considered for a gravel pit. Asking that his parcels be removed from the AOI. 

Sid Kunz, Victor area resident, does not believe flat ground should be in the AOI Foothills 10 Zone. 

Arnold Woolstenhulme, Victor AOI resident, appreciated the work being done by the Board. He stated that decision about the Area of Impact is the County's alone, not the City of Victor. The City of Victor has not let non City residents participate in the process. He would like the County to take more time in evaluating the proposal and allowing more input from affected residents. 

Ted Wells, asked if the zoning would change on his lot because of this change in the AOI. The Board responded that if his properties were annexed then the use could change. 

Todd Woolstenhulme, wondered why his zoning would change to ten acres.

Christian Cisco, Chairman of Victor P & Z Commission stated that the City of Victor has been forced to take in non compliant subdivisions. They are trying to prevent that happening in the future. Properties in the AOI can bring a density proposal to the City of Victor whenever they want. 

Public comment was closed at 3:42 PM.

Board deliberation. The Board discussed the process going forward. Some of the boundary changes that were suggested are worth considering. The Board recognized that there is a lot to consider and it should be continued to a Special Meeting. 

The Board commented that the County asked the City to put forth a proposal because the City knows where it wants to grow. The Board was surprised that the zones proposed in the AOI are not in alignment with current County zones. 

• MOVER: Cindy Riegel
  SECONDER: Bob Heneage

  Continue the deliberation and decision on the Public Hearing for the Victor AOI to November 18 at 9 AM.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

4.

3:00 PM -- PUBLIC HEARING: Victor AOI Zone Change:

The Board took public comment on the proposed zone changes in the Victor AOI.

Public comment was opened at 3:56 PM.

Sharon Woolstenhulme proposed that the AOI boundary be moved to their southern property boundary. She is very concerned about the extreme zone change and believes it could be considered a taking. 

Public comment was closed at 4:02 PM.

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Continue the public hearing for deliberation on the Victor AOI update zone change to November 18th at 9 AM.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

5.

3:30 PM -- PUBLIC HEARING Bowen Arrow Subdivision Final Plat Hearing [Continuation]

This is a continuation of a prior hearing. Ms. Krueger gave the staff report for Bowen Arrow Subdivision Final plat hearing.

Sharon Woolstenhulme, representing the applicant, felt the conditions had been met. She would add the requirement for a site specific evaluation prior to applying for a septic permit. 

Public comment was opened at 4:20 PM.

Jake Kunz clarified that the Bowens do not have any water rights. He does not believe that the pond is a pond. Henderson is a dead creek and is not reliable a water source. The Bouquet Springs pump has a maximum rate of 1.07 cfs and cannot deplete the aquifer (Bouquet Springs). The Bouquet Springs well is a 1970 right, his family's right is from 1890. He also thanked the Board for the call out on regulating septic. Arnold Woolstenhulme confirmed that the Bowens have water rights on Bouquet Creek for watering cattle. They also have a culinary well. There is also a capped old artesian well that may come into play. Bowen Arrow 1965 water right, .8 cfs, Bouquet water well 1977 irrigation for ag and is .6 cfs. 1 cfs equals 449 gals/minute.

Pete Brannen, neighbor, commented that the Lot 1 building envelope is where the migration corridor is. 

Public comment was closed at  4:30 PM. 

Board deliberation. The Board asked what the requirement for the flow for a fire pond is. Staff responded with 500 gallons per minute. Mr. Woolstenhulme clarified that the code does not require a constant flow of 500 gals/minute. Staff asked the applicant if the Fire Marshall had signed off on the new potential source. Mr. Woolstenhulme responded that no, until all parties involve agree upon the source they have not approached the Fire Marshall. Staff asked when the plan would be finalized. Mr. Woolstenhulme hoped to have it finalized within a few weeks. 

• MOVER: Michael Whitfield
  SECONDER: Cindy Riegel

  Table the public hearing for Bowen Arrow Subdivision Final Plat in order to obtain additional information regarding the source of water for the fire protection and consideration of moving building envelope for Lot 1 farther to the south to minimize wildlife impacts..

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

6.

ACTION ITEM: Written Decision for Land Development Code Amendments

Ms. Krueger presented the item. The Board made minor revisions. 

• MOVER: Cindy Riegel
  SECONDER: Bob Heneage

  Approve the Written Decision for the Land Development Code Amendments as amended.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

7.

ACTION ITEM: Ordinance Amending the Teton County Land Development Code

• MOVER: Cindy Riegel
  SECONDER: Bob Heneage

  Approve Ordinance 2024-1028 Amending the Teton County Land Development Code as approved on May 6, 2024.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

14.

ADJOURNMENT

• MOVER: Bob Heneage
  SECONDER: Cindy Riegel

  Adjourn the meeting.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)