TETON COUNTY

BOARD OF COUNTY COMMISSIONERS MINUTES

Monday, August 12, 2024

9:00 A.m. - 6:00 P.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
• Darryl Johnson
• Jade Krueger
• Wendy Danielson

---

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

The Board elected to wait for the Clerk Kim Keeley to go over the minutes. 

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve items 4.1, 4.3, 4.4, 4.5 on the consent agenda.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

1.

Action Item: Claims Report

• Approve the Claims Report as presented.

2.

Action Item: Minutes Approval

This item was pulled and will be added to a future agenda.

3.

Action Item - Certificates of Residency

• Approve the Certificates as presented.

4.

Action Item - Payroll Forms

• Approve the payroll forms as presented.

5.

Action Item – Weed Supervisor Certification Salary Adjustment

• Approve the rate of pay adjustment for Cameron Hieronymus to $25.79/hour as a condition of employment for weed applicator’s certification

5.

OPEN MIC

There was no one to speak at "Open Mic"

6.

Public Appearance

1.

Action Item – Fund Request

Wyatt Penfold from the Teton Basin Water Users Association presented this item. He explained that the public is having issues distinguishing canals, irrigation routes, etc. The Association wants to officially map each of these. The Association has found a "water smart grant" to help fund this project, but needs a local match. The Association will be asking for help from the Cities as well. PERC was initially identified as a lead contributor, and as a potential project manager; however, they may not be able to dedicate a lot of time to this. The County GIS Manager is not expected to work heavily on this project except to incorporate the final results into the County's GIS. The money being asked for from the County, at this point, will go to the grant writer. The Association is currently using Legacy Works to help write the grant. Wyatt stated that the grant writer is $5,000. The Board explained its financial realities and said it could potentially donate more dollars at the beginning of the next fiscal year. 

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve $1,000 from Commissioners' Contingency to support the Teton Basin Water Users’ Association mapping project.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

2.

DISCUSSION ITEM – Joint Emergency Response Campus

County Manager Dan Reyes presented this item. Commissioner Heneage stated that they need a realistic timeline for when this project will happen. Commissioner Whitfield stated that the County needs to understand its overall facilities needs to inform any decision surrounding the campus. Commissioner Whitfield is calling for a work session with departments, cities and the Fire District. Commissioner Riegel asked for an analysis on our impact fee projections. 

The Commissioners agreed that Search and Rescue, Law Enforcement, and Dispatch could be potential candidates. The Commissioners would like to meet with Chief Maltaverne in September. They would like a recommendation on what he thinks will be the best fit, and a timeline. They would also like to hear from the cities regarding the possibilities for what the land can accommodate. 

3.

Action Item – Teton County Environmental Stewardship Policy & Resolution 2024-0812B

Dave Hudacscko, owner of RAD Curbside, presented a Resolution and a Policy for environmental stewardship.

Commissioner Whitfield stated that the names should be changed because of how all-encompassing environmental stewardship is, rather than just addressing recycling. Commissioner Riegel concurred with these points and stated that there should perhaps be a few policies that address each issue. Commissioner Heneage pointed out that Blaine County has recently adopted a more comprehensive climate action plan, "5BCAN", that Teton County should model. 

Public Works Director Darryl Johnson asked about section 2. He believes it reads that this policy would give up County control of operational decisions. 

The Board indicated that the policy and resolution need to be massaged and that the Public Works Department needs to be comfortable with the policy. 

No action taken at this time. 

4.

DISCUSSION ITEM – Update from Upper Valley Board of Guardians (UVBOG) County representative Carol Taylor

Carol Taylor, the County representative on the UVBOG introduced herself and described her experiences on the Board. She explained that the Board existed in the past, and is glad that is is restarted. The Board has made administrative steps forward, including the development of official letter head. The County Manager asked how the lack of volunteers was affecting the Board, and Carol stated that it was requiring the board members to take a much larger role in the individuals lives. 

7.

PUBLIC WORKS

1.

Action Item – 2024 Scrap Metal Recycling Contract

Public Works Director Darryl Johnson presented the scrap recycling contract. The Board discussed giving gravel to developers. Commissioner Rigel stated that the new County Policy does not promise gravel to anyone, and that it is up to the Commissioners' discretion. 

The Board discussed the request from the Road and Bridge Services Coordinator and mentioned that a County commuter vehicle, or a fuel stipend must be considered during budget discussions. They agreed that in the winter, remote work could be considered, but had reservations about remote work in the summer, when there is more interaction with the public. 

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Award the 2024 Scrap Metal Recycling contract for sale of scrap metal, tin, aluminum and batteries to Western Metals Recycling LLC

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

2.

Report: Public Works Dept. Update

Mr. Johnson presented the Public Works Report. 

3.

Action Item – Attendance at Idaho’s 2024 Local Transportation Convention

Mr. Johnson presented this item. Mr. Reyes mentioned that Commissioners often attend these events to learn more about the management of Public Works Departments and they asked him to keep an eye out for this year's schedule. 

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Approve the Public Works Director to attend the 2024 Idaho  Transportation Convention in Coeur D’Alene November 11-14.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

4.

Action Item – R&B Dump Truck Repairs

• MOVER: Cindy Riegel
  SECONDER: Michael Whitfield

  Approve engine turbo repairs to Road & Bridge’s 2013 dump truck. Estimated cost of $9,000 to be moved from line item 202-00-80200; Capital Equipment into 202-00-43000; Repairs/Maintenance Equipment to cover cost of repairs

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

5.

Action Item – Headwaters Cooperative Weed Management Area MOU

Mr. Johnson presented this item.

• MOVER: Cindy Riegel
  SECONDER: Michael Whitfield

  Approve signing the Headwaters Cooperative Weed Management Memorandum of Understanding

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

6.

Action Item – Trucking Services

Mr. Johnson presented this item. 

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve up to $50,000 for contract trucking at $160/hour to expedite the reconstruction of W2500N. Cost for trucking to be paid from 202-00-43086.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

8.

CLERK

1.

Discussion Item: New/Increased Fees for FY25

This item will be added to a future agenda.

2.

Action Item: Cost Sharing Agreement with Bonneville County

The Board discussed this contract. In Section 1, "hear" needs to be changed to "here". They asked about the exclusion of Rachel Smith's costs, and were reminded that they decided that in a previous BoCC meeting. 

• MOVER: Michael Whitfield
  SECONDER: Cindy Riegel

  Approve the memorandum of understanding between Teton County and Bonneville County Cost Sharing Agreement in the Best Case as corrected

   

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

3.

Action Item – FY24 Third Qtr. Financial Report and Budget Adjustment Resolution

The Board discussed this item. Commissioner Heneage mentioned that the investments revenue is favorable. 

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approve Resolution 2024-0812A FY24 Third Qtr Budget Adjustments

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

4.

Action Item: DS300 Sales Agreement

• MOVER: Cindy Riegel
  SECONDER: Michael Whitfield

  Approve the Sales Order Agreement with ES&S as presented.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

5.

Action Item: Opioids Participation Agreement

• MOVER: Cindy Riegel
  SECONDER: Bob Heneage

  Approve the agreement to receive opioid funding through the Kroger Settlement.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

9.

Operations

1.

Action Item – Grant Proposal SS4A Supplementary

County Manager Dan Reyes presented this item. The $300,000 grant would require a 20% match from the County that is not budgeted for. Mr. Reyes  and Public Works Director Darryl Johnson identified unused grant match money in Fund 202 Road & Bridge that could be used. 

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Approve the Grant Proposal Form for a supplementary Safe Streets and Roads for All

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

2.

Discussion Item - County Manager's Report

Mr. Reyes presented The County Manager Report. 

10.

COMMISSIONERS

1.

ELECTED OFFICIALS & DEPARTMENT HEADS MEETING

2.

EXECUTIVE SESSION: 74-206(1)(f) Legal & (b) Personnel

• MOVER: Cindy Riegel
  SECONDER: Michael Whitfield

  Go into executive session per IC74-206(1)(b) Personnel 

   

  Roll Call Vote

   

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

3.

COMMISSIONER'S REPORTS

This item will be put on a future agenda.

4.

Action Item - Svenskaland Request for Application Extension

Sherie Marshal presented this item on behalf of the Marmsater family and explained that the applicant could not be present. Commissioner Riegel stated that in a previous Board of County Commissioners' meeting, the Board asked for legal advice on whether or not they could approve an extension for an application that has already expired. The advice that was given to the Board was that there is no vehicle for this process. Ms. Marshal asked if there would be a final written decision that could be appealed. The Board responded that per County Code 9-3-2(d)(2)(l)(2) requests for extension after an application has expired are untimely and cannot be considered. 

 

 

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Deny Application Extension for Svenskaland Subdivision requesting an extension of time after time has expired on the application pursuant to Teton County Code 9-3-2,d2l2.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

5.

Action Item: Economic Development Grant Agreement

• MOVER: Cindy Riegel
  SECONDER: Michael Whitfield

  Approve the FY25 Economic Development Grant from the Idaho Dept of Commerce as presented.

  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 this item. 

 

Issuing building permits continues to be very busy. The Building Services Coordinator position will be vacant as of Aug. 16th, and the Code Compliance Technician remains unfilled.

12.

SHERIFF'S DEPARTMENT

13.

PLANNING AND ZONING

1.

1:00 PM -- PUBLIC HEARING: Driggs AOI Recommendation (Continued)

Planning Administrator Jade Kreuger presented this continuation. The Commissioners discussed areas of the proposal that included the IR area around the airport. 

Public Comment opened 1:37 pm.
Dan Salvucci: Appreciates the rural lifestyle and is concerned about the airport development near where he lives. His HOA has spoken at Driggs Council meetings and is concerned about their seemingly divided Council. 
Patti Kauf: She currently lives in the AOI, and the proposed AOI will exclude her property. She does not want to leave the AOI and wants to know what she can do to stay in the AOI. 
Public Comment Closed 1:47 pm.  

Leanne Bernstein the City Planning Administrator mentioned that anyone adjacent to city boundaries can request annexation.

The Board has mentioned that they are not willing to make a decision until they are able to get legal review, at the next Board of County Commissioners meeting, August 26, at 3:00pm. 

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Continue the deliberation portion of the public hearing for the Area of Impact for the city of Driggs to obtain legal input for zoning in those lands that are no longer in the AOI to August 26 at 3:00 pm. 

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

2.

Action Item: Daydream Ranch Lot 10 Minor Plat Amendment

Asst Planner Torin Bjorklund  presented the staff report for the Daydream Ranch Lot 10 minor plat amendment. 

• MOVER: Bob Heneage
  SECONDER: Michael Whitfield

  Approval:
  Having found that the proposed plat amendment for Lot 10 of Daydream Ranch Subdivision complies with the requirements of the Teton County Land Development Code 4-14-D (6) based on the findings prepared in the staff report, I move to approve the application submitted on April 29, 2024 with the following condition:  A final technical survey review be completed before mylars are printed. 

   

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

3.

Action Item: Daydream Ranch Lot 11 Minor Plat Amendment

Mr. Bjorklund presented the staff report for the Daydream Ranch Lot 11 minor plat amendment.

• MOVER: Michael Whitfield
  SECONDER: Bob Heneage

  Approval:
  Having found that the proposed plat amendment for Lot 11 of Daydream Ranch Subdivision complies with the requirements of the Teton County Land Development Code 4-14-D (6) based on the findings prepared in the staff report, I move to approve the application submitted on June 10, 2024, with the following condition of approval: 1. A final technical survey review be completed before mylars are printed. 

   

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)

4.

2:30 PM - DISCUSSION ITEM: City of Victor AOI Discussion

The Board of County Commissioners, the Planning Administrator, and the Victor Planning Administrator Kim Kolner, had a work session with the County Deputy Civil Prosecutor Burkley Rudd to discuss the City of Victor AOI.

14.

ADJOURNMENT

• MOVER: Bob Heneage
  SECONDER: Cindy Riegel

  Adjourn the meeting.

  AYES (3)

  Bob Heneage, Cindy Riegel, and Michael Whitfield

  Adopted (3 to 0)