Board of County Commissioners
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TETON COUNTY

BOARD OF COUNTY COMMISSIONERS

MINUTES | MARCH 25, 2024
1st Floor Meeting Room
150 Courthouse Dr, Driggs, ID 83422
9:00 AM
1) MEETING CALL TO ORDER
ZOOM ID: https://us02web.zoom.us/j/81854768477

2) PLEDGE OF ALLEGIANCE

3) ACTION ITEMS: CONSENT AGENDA

3.1) ACTION ITEM: CERTIFICATE OF RESIDENCY
Department: Clerk



3.2) Action Item: 3/25/2024 Claims Report
Department: Clerk




RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


4) OPEN MIC
"Open Mic" is 9:00 - 9:15am to speak to the Board on any item on the agenda

Anthony Wilcox spoke in regards to the zoom policy and the GIS position. Mr. Wilcox wondered how GIS Manager Rob Marin was going to oversee the River Ambassador when he did not have time to help the public with mapping questions.

5) PUBLIC APPEARANCES

6) PUBLIC WORKS

6.1) ACTION ITEM: 2024 MAGNESIUM CHLORIDE SOURCE
Department: Public Works



MOTION: Approve the purchase of magnesium chloride for the 2024 construction season at the rate of $0.66/gallon from Mountain Valley Construction, Inc.  Purchase of magnesium chloride to be paid from Special Road Levy line item 233-00-43084.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


6.2) ACTION ITEM: 2024 ASPHALT OIL CONTRACT
Department: Public Works


The Board discussed whether the contract was favorable for the County. A decision was postponed until the Board can get further clarification from Public Works Director who is currently on vacation.


6.3) 2024-03-25 PUBLIC WORKS REPORT
Department: Public Works


Public Works Director Darryl Johnson was not present at the meeting. He has requested a Road Town Hall meeting be scheduled in May. The Board asked County Manager Dan Reyes to schedule one.

7) IT/EMERGENCY MANAGEMENT

7.1) ACTION ITEM: Old Phone Donation Resolution
Department: Information Technology



MOTION: Approve Resolution number 2024-0325 that donates old phone system equipment to Twin Falls County.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


7.2) ACTION ITEM: BEAD Planning Grant 
Department: Information Technology


The Board asked what the grant would cover. Mr. Adams responded that it would cover a community outreach speed test and legal fees for the cities and County.


MOTION: Approve Greg to apply for the BEAD planning grant to provide community broadband planning support with the contingency that the Board Chair will review the final grant proposal.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


7.3) ACTION ITEM: Fleet Management and Help Desk Solution
Department: Information Technology


The Board asked Mr. Adams to print the whole contract prior to approving.

8) GIS

8.1) ACTION ITEM: River Ambassador
Department: Operations


GIS Manager Rob Marin presented the new job description for the River Ambassador temporary position. He is hoping to hire several PT positions for better coverage. The total budgeted was $15,000.


MOTION: Approve Temporary, Seasonal River Ambassador Job Description as amended.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Cindy Riegel        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


9) PROBATION

9.1) ACTION ITEM: Probation Intern
Department: Operations


Probation Director Tiffany Hicks is proposing an intern program. Madison County uses interns and Ms. Hicks has been impressed with their impact. She has a potential intern that she would like to hire on a volunteer basis. The intern will be reimbursed for fuel out of the training budget.





MOTION: Approve the payroll form for Joshua Burress as an unpaid probation intern as presentented.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Cindy Riegel        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


10) CLERK

10.1) Action Item: Minutes Approval
Department: Clerk






MOTION: Approve the minutes of  2/26/2024 as presented.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


MOTION: Approve the minutes of 3/18/2024  as presented.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage None
Michael Whitfield


MOTION: Approve the minutes of 3/21/2024 as revised.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage None
Michael Whitfield


MOTION: Approve the minutes of 2/29/2024as revised.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


11) COMMISSIONERS

11.1) DISCUSSION ITEM: Upcoming Development Projects on Ashton - Tetonia Trail Public Meeting
Department: Operations


The Board discussed the proposed paving of the Ashton-Tetonia Trail. The Board is opposed to paving due to the expense of maintaining it, and would rather see the money spent on completing the trail. Paving it would also eliminate a lot of users (horse riders).
A letter will be drafted and added to the April 15, 2024 Special Meeting.


11.2) DISCUSSION ITEM: Zoom Policy
Department: Operations


The Board discussed a possible Zoom Policy. Remote meetings are being abused nationwide and creating undesirable situations during public meetings.
While the County is not required to record public meetings (with the exception of public hearings), the Board is working to come up with a solution that balances resources with the desire for transparency. The use of remote meeting software adds a lot of efficiency and convenience for people to participate.

11.3) Executive Session74-206(1)(f)
Department: Operations


This executive session was not required.

11.4) Executive Session74-206(1)(b) Personnel
Department: Operations


RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


Roll call vote.

11.5) DISCUSSION ITEM: Commissioners’ Reports
Department: Operations

Commissioner Whitfield
March 13. Teton County Fair BoardFinancial report
Master Plan Project Priorities using ARPA funds.FAIR 101 Planting Seeds for the next Century: Schedule, Sponsor list, Sponsor Form, Poster review, Backcountry Horseman Aug 4th Food vendor discussion
FY2025 Budget reviewOther: Community Events: Easter Egg Hunt April 6th Earth Day @ Fairgrounds April 20th Tin Cup July 20th TV Skijor Event Feb 18-25th 2025
March 20. Teton Basin Water Users Association—State of Water in Teton Valley
Takeaways:Tributary aquifers like Teton Valley are likely to be included with the much broader East Snake River Plain Water Management Plan effort.
We need 40,000 acre feet of incidental water recharge from active irrigator efforts each year for five years to demonstrate the value of Teton Basin aquifer recharge.State water managers are recognizing the linkage between surface and ground water.
Groundwater agricultural pumpers will likely soon be required to monitor their water use, and perhaps to limit it to some extent.The concept of futile call could become an idea of the past.
March 23. Teton County Fair Board.
Fundraising committee planning
Commissioner Heneage
March 12 - 5C Juvenile Detention. Currently pretty full. Madison is proposing taking over the facility from Fremont in order to reduce operation costs. TREC Board Mtg - Finalizing the economic development plan and replacing Exec Director Brian McDermott.
Forensic Pathology Meeting - zoom connection failed.March 20 LHTAC Award ceremony - Ben Champlin received his Road Scholar and Road Master and John Loudenslager received his Road Master award.
Commissioner Riegel
March 12 Teton Creek Collaborative Meeting - May 1 Ribbon cutting for the new bridge. May 17 cleanup day, Dedication for Joselin Matkin TBD. A sculptor has created some sculptures that will need to be approved by the County before they are installed. Met with Silverstar to discuss upcoming fiber project.
March 20 Teton Water User Assn meeting - More conversations are happening statewide on the impact of culinary wells on groundwater.March 21st Ag Chat Planners Group - discussion of bills that affect ag land.


11.6) DISCUSSION ITEM: Wildlife-Vehicle Collisions. 
Department: Operations


The Board discussed going after another SS4 planning grant for addressing potential mitigation efforts to reduce wildlife/vehicle collisions. The Wildlife Committee could be tasked with gathering collision data. The Board asked Mr. Reyes to contact the woman that presented a similar report in Teton County Wyoming.

11.7) ACTION ITEM: Engagement Letter with Holden, Kidwell, Hahn & Crapo, p.l.l.c
Department: Operations


The Board discussed the proposed engagement letter. The Board needs legal representation specifically for land use issues. The Board would prefer that this attorney not be tasked with contract and general civil needs. The Board will discuss with the Prosecuting Attorney to make the necessary changes to the Engagement Letter.

MOTION: Approve Engagement Letter with Holden, Kidwell, Hahn & Crapo, p.l.l.c for legal services for FY24 with the modification that in Para 1b1 remove the section "Review and Revise on contracts and procurement matters; and other civil advisory tasks and duties as assigned by the Prosecuting Attorney."
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


12) ADJOURNMENT

MOTION: Adjourn.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


Adjournment happened after the Planning & Zoning items.

13) PLANNING AND ZONING

13.1) 1:00 PM PUBLIC HEARING: Teton Springs-Jones Major Plat Amendment ? Final Plat Review:
Department: Planning & Zoning


Public Works Director Jade Krueger presented the staff report for the Teton Springs - Jones Major Plat Modification public hearing. The Board asked if Teton Springs had their own setbacks. Staff confirmed that.
Chris Jones, the applicant, was present to answer questions. 
Public comment opened at 1:10 PM.
No one wished to comment.Public comment was closed at 1:10 PM.
Board deliberation. The Board had no further comments.













MOTION: Having concluded that the Criteria for Approval of a Major Plat Modification found in LDC 4-E have been met, I move to approve of the application for an Amendment to Teton Springs Golf & Casting Club, Block 5, Lot 4A as described in the application materials submitted August 24, 2023 and as supplemented with additional applicant information attached to this staff report, along with the following condition: 1. The survey receive a final, technical review before mylars are printed.    
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


13.2) 1:10 PM PUBLIC HEARING: Cooper’s Hollow Preliminary Plat Hearing.
Department: Planning & Zoning


Ms. Krueger presented the staff report for Cooper's Hollow LLC Preliminary Plat public hearing. The Board asked why the 2008 Capital Improvement Plan (CIP) was cited. Staff clarified that the application was submitted prior to the 2023 CIP.
Megan Nelms, the applicant, was present to answer questions. She commented that she had worked with the Planning Staff to come up with the driveway configurations.
Russell Burton, the applicant's natural resource consultant, was present to answer questions. The Board asked about updating the CC&R's to include no fencing due to the importance for large ungulates wintering grounds, with the exception of temporary electric fence. He stated the applicant was amenable to that. Mr. Burton stated that he had worked with Idaho Fish & Game in creating the building envelopes. The Board asked about some inconsistencies for required landscaping in the CC&R's. The Board asked for the landscape plan to have specific language about types of native species to be planted.
Public comment was opened at 1:48 PM. No one present wished to speak.
Public comment was closed at 1:49 PM.
Board deliberation. The Board commended the applicant on a well thought out application.




















MOTION: Having concluded that the Criteria for Approval of a Preliminary Plat found in Title 9-3-2-C can be satisfied, I move to APPROVE the Preliminary Plat for the Cooper’s Hollow Subdivision as described in the application materials submitted on December 15, 2023 and additional information attached to the staff report,with the following conditions of approval:
1. A letter of credit is required with the final plat application (125% of the stamped and dated cost estimate).
2.The CC&Rs will be amended to a. require adequate septic tank maintenance in accordance with current EIPH and DEQ recommendations; b. no fencing will be allowed in open space areas and only allow the perimeter fencing in this area of notably high ungulate winter use to be temporary electric fencing to control livestock, c. vegetative plantings, including for the vegetative snow fence, will be made up of native plants suitable for the location (a species list will be appended to the CC&Rs), d. Dark Sky lighting that complies with the current Teton County Code.3. Move the subdivision sign and associated landscaping to the access road at the southwest corner of lot 5.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


13.3) 1:25 PM  PUBLIC HEARING: Jason Hill - Special Use Permit - Employee Housing.
Department: Planning & Zoning


Planner Torin Bjorkland presented the staff report for the Jason Hill Special Use Permit public hearing. The Board asked if the business is currently operating under a CUP.
Travis Moulton, representing the applicant, confirmed that the business has been around for 22 plus years. The Board had no further questions.
Public comment was opened at 2:10 PMNo one present wished to speak.
Public comment was closed at 2:10 PM.
Board deliberation. The Board asked the Prosecutor if the SUP goes with the land or the owner if there is a change in ownership. The County can place an expiration or review date on a SUP. Ms. Krueger suggested a five year review be included in SUP's.








MOTION: Having reviewed the application materials for the Shayne Hill SUP for one unit of employee housing as well as the additional materials provided by staff and other agencies, and having found that the application meets the criteria found in Teton County Land Development Code Section 4-8, Section 3-2, and Section 3-9-5, I hereby move to approve the Special Use Application with the following conditions of approval:
1. Lighting: Outdoor lighting, current and future, shall comply with the Outdoor Lighting provisions of the LDC, Section 4-8. Teton County Dark Sky Ordinance should also be enforced. 2. Onsite Inspection: The planning administrator may determine that there is a need for an inspection at any time. As a minimum, there will be a review of the SUP five years after approval and each five years thereafter.
3. Shane Hill shall annually supply documentation that the residents of the unit are employees. 4. Employee housing unit will not be used for short term rentals.
5. Any additional units would require an SUP modification. The additional units must be clustered with existing employee housing unit and meet all setback requirements.

RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


13.4) 1:45 PM  PUBLIC HEARING: Moose Hollow Preliminary Plat Hearing.
Department: Planning & Zoning


Ms. Krueger presented the staff report for the Moose Hollow Preliminary Plat public hearing.
Sharon Woolstenhulme, representing the applicant, let the Board know that their understanding was that this hearing is just to remove the easement and proceed to final plat.
Public comment was opened at 2:46 PM. Abbott Gilbane, neighbor, supports the application.
Public comment was closed at 2:47 PM.
Board deliberation. The Board asked the applicant why the CC&R's #10 require two septic systems if there are two dwellings. The applicant, Kelly Lark, stated that he would be agreeable to changing that. The Board discussed having a few building envelopes adjusted to provide for sufficient setbacks from roads and boundaries.



















MOTION: Having concluded that the Criteria for Approval of a Preliminary Plat found in Title 9-3-2-C can be satisfied, I move to APPROVE the Preliminary Plat for Moose Hollow Estates Subdivision as described in the application materials submitted February 7, 2024 and additional materials attached to the staff report, with the following conditions of approval:
1. The cost estimate should reflect the additional landscaping.
2. Financial surety of 125% of the cost estimate is required at final plat. 3. A plat note should be added to dedicate and grant a  20’ pathway easement on the southern portion of the property across Lot 1 and dedicating it to Teton County on the plat (Easement is on the plat but the note is not).
4. The CCRs need to be updated: a. Utilities must be provided to lots by the developer.
b. CC&R Article 10 will be re-worded as follows: All residential septic systems must be approved by Eastern Idaho Public Health and septic tanks will be maintained in accordance with current EIPH and DEQ recommendations.5. Provide confirmation the Fire Marshal has inspected and approved the water source (submit with Final Plat application).
6. Submit an approved access permit with the final plat application.7. Building envelopes will be reconfigured on the plat to comply with Teton County setback standards, such that no setback is closer than 30' from any roadway right of way.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


13.5) 2:00 PM ? PUBLIC HEARING: River Rim ? Major Plat Amendment - Final Review - POSTPONED
Department: Planning & Zoning


13.6) 2:15 PM ? PUBLIC HEARING: Wildflower Rural Reserve PUD Preliminary Plat Hearing (Continued)
Department: Planning & Zoning




























MOTION: I move to continue the public hearing for the Wildflower Reserve PUD Preliminary Plat to April 22nd at 2:30 PM in order to allow more time for legal review.   
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Cindy Riegel        SECONDER: Bob Heneage
Bob Heneage, Michael Whitfield, Cindy Riegel None
None


13.7) Planning Department Update
Department: Planning & Zoning


Ms. Krueger gave her Planning Dept. Update.
She is beta testing some training modules which she hopes to get at a discounted rate.
The Planning Dept fielded over 1100 inquiries year to date. It is very busy.



____________________________________________
Cindy Riegel, Chairperson
ATTEST: ____________________________________________
County Clerk or Deputy
 
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