Board of County Commissioners
Teton County Idaho Logo

TETON COUNTY

BOARD OF COUNTY COMMISSIONERS

MINUTES | FEBRUARY 26, 2024
1st Floor Meeting Room
150 Courthouse Dr, Driggs, ID 83422
8:30 AM
1) MEETING CALL TO ORDER
ZOOM LINK

Commissioners Present:
Cindy Riegel
Bob HeneageMichael Whitfield

Other Elected Officials and Department Heads Present:
Kim Keeley, Clerk
Dan Reyes, County Manager

2) PLEDGE OF ALLEGIANCE
ZOOM LINK

3) ACTION ITEMS: CONSENT AGENDA

3.1) ACTION ITEM: CERTIFICATE OF RESIDENCY
Department: Clerk



3.2) Action Item: 2/12/2024 Claims Report
Department: Clerk




3.3) ACTION ITEM: PAYROLL FORMS
Department: Operations





The comments on the payroll form need to be removed.
Approve the payroll form for Jade Krueger as revised with the comments removed.

MOTION: Approve the consent agenda with the minor revisions to the payroll forms.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


4) MINUTES APPROVAL

4.1) Action Item: Regular Meeting Minutes
Department: Clerk







Agenda item

Pull 2/12 and 11/27 to revise.

MOTION: Approve minutes of 1/17/2024, 1/24/2024, 2/5/2025 as presented.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


MOTION: Approve minutes of 2/12/2024 as revised.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Bob Heneage, Michael Whitfield None
Cindy Riegel


MOTION: Approve minutes of 11/27/2024 as revised.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Cindy Riegel        SECONDER: Michael Whitfield
Cindy Riegel, Michael Whitfield None
Bob Heneage


5) OPEN MIC

Commissioner Riegel announced that the Board will be planning  a Town Hall for the public to discuss a broader range of topics.
Del Fulmer spoke regarding the Northern Lights subdivision. Mr. Fulmer is worried that the open meeting law violation will cause more lawsuits. Anthony Wilcox spoke regarding the Northern Lights subdivision. He is also concerned about the possibility of more lawsuits due to the open meeting law violation.
Robert Boyles would like the rules of open mic clarified. He would like the contact info of the Wildlife Committee to be listed on the website.Marshall White spoke regarding Northern Lights and the open meeting law. He believes the makeup of the Wildlife Committee does not adhere to the guidelines laid out in the committee formation documents. 
Ida Hansen spoke regarding the Northern Lights subdivision and the wildlife overlay. Curt Behle spoke regarding open mic and Northern Lights subdivision. He was concerned about the overlays.
Penny Vasquez spoke regarding the wildlife committee and requested the names of the committee members be published. She doesn't think the membership is balanced.Harley Wilcox spoke regarding the town hall meeting. He would like a longer time period than three minutes per person. He doesn't think the Board should speak during open mic. And he would like the public to discuss any subject during open mic.
Commissioner Whitfield commented that the Wildlife Committee does meet the membership requirements of the committee charter. However, all members are not present at every meeting.



6) PUBLIC APPEARANCES

6.1) 11:00 am MST
DISCUSSION ITEM: SILVERSTAR AND ENHANCED A-CAM
Department: Operations

Barbara Sessions, President of Silverstar, was present to introduce herself and explain upcoming infrastructure improvements.
Jason Nelson gave a presentation on A-CAM (Enhanced Alternative Connect America Model. The speed threshold is 100/20 (download/upload), which is the new standard. Silverstar is investing $40 million to infrastructure need in Teton County over the next five years.
Mr. Nelson asked about the requirement that fiber be placed at a depth of 48" and a possible reduction in permitting fees. They are hoping for a work session with the County to discuss streamlining the permit process.



7) PUBLIC WORKS

7.1) 2024-02-26 PUBLIC WORKS REPORT
Department: Public Works


Public Works Director Darryl Johnson presented his report.
SH33 Multi Modal pathway will be extended north of Driggs using federal funds. The plans are attached. The overhead doors for the Annex will be installed this week.
The Buxton storage facility bids have been received. They are about $80K over budget. The bids don't include the desired office/training space. Fair Administrator Hallie Poirer was present to discuss the Fair master plan and the allotted ARPA funds. Work session to discuss was set for  March 13 at 9 AM.




7.2) ACTION ITEM: Solid Waste Tipping Fee Waiver
Department: Public Works



MOTION: Approve the 2024 Recycling/Sorted Material Tipping Fee Waiver for Teton Valley Community Recycling as presented.  
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


7.3) ACTION ITEM: SOLID WASTE - FOAM TIRE PURCHASE FOR LOADER
Department: Public Works



MOTION: Approve the purchase of mxl e3/l3 foam filled tires for the Transfer Station Loader from  Claire & Dees with the low bid of $21,942.32.  Tires to be paid from 223-00-80500    
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


8) IT/EMERGENCY MANAGEMENT

8.1) Action Item - Phone Donation
Department: Information Technology


Twin Falls County is asking for the County's old phones rather than e-cycling them.

MOTION: Approve giving Twin Falls County the old shoretel phones.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


9) CLERK

9.1) Action Item: Amendment to Eagle Recording Contract
Department: Clerk



MOTION: Approve the Tyler Technologies Eagle Recording Contract Amendment as presented.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


10) OPERATIONS MANAGER

10.1) ACTION ITEM: SENIOR PLANNER 
Department: Operations

Commissioner Whitfield, Planning Administrator Jade Krueger, GIS/Special Projects Coordinator Rob Marin and County Manager Dan Reyes have created a job description for the Senior Planner position. The position was budgeted for in the FY24 budget.
The Board made a few minor revisions to the job description.



MOTION: Approve creation of the Recreation and Environmental Senior Planner at Paygrade 10 as revised.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


11) COMMISSIONERS

11.1) Executive Session74-206(1)(B): Personnel
Department: Operations


MOTION: Go into executive session per IC 74-206(1)(b) Personnel.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Cindy Riegel        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


Roll call vote.

11.2) DISCUSSION ITEM: COMMISSIONERS’ REPORTS
Department: Operations

Commissioner Heneage Reports
Feb 14th - TREC Board meeting. Discussed economic plan draft, succession planning for the new ED, and TREC is currently looking for office space.
Commissioner Whitfield Reports
Feb. 13 Eastern Idaho Community Action Partnership
      Finance Committee, Need to speed up IDHW reimbursements, legislative outreach.

  • Enterprise Risk Management training

  • New Board Members

  • Community Services Block Grant (CSBG) and CARES Annual Report. (monitoring of federally funded programs). Housing, nutrition, transportation, other services for people and families in poverty. Results oriented with evaluation. Community Needs Assessments. Gather information on all programs: weatherization, family services, head start, adult education, senior services, housing (many aspects, e.g. utility payments), civic engagement. Total of 9,886 individuals served.

  • Head Start Personnel Policy Update.

  • Head Start Family Services Partnership Update

  • Head Start Strength Assessment Update

  • Organizational Chart Update

  • Strategic Plan Update

  • Avilla Accounting System Upgrade

  • Program Staffing Requirements Policy Update

  • Financial Policy and Procedures Update

  • Bylaws Update

  • Financial Report

  • Still struggling to fully meet Head Start enrollment targets


Feb. 14: Teton County Fair Board Meeting

  • Approve the minutes from the January 10, 2024 meeting.

  • Financial report. Spent 24% of budget, 34% of target revenue raised.

  • Alta 4-H using Teton County, ID Fairgrounds, weigh-ins for club use for progress of animals, also vet inspections. Plan to enter MOU to formalize agreement.

  • Preparing for Skijoring Update, Expect 3,000 people, have permits. $9,000 fee to Fairgrounds.

  • Discussion and/or Action Items:

  • A. University of Idaho Extension/Fair Board MOU (Action Item) Made a few changes, will later forward to BoCC. Approved.

  • B. Master Plan Project Priorities using ARPA funds (Action Item) Discussion of new Fair Building versus top six immediate needs as shown in Master Plan.  Moved to make the pavilion expansion priority one for ARPA funds. Passed.

  • C. Teton Valley Balloon Rally Facilities Use Agreement (Action Item) Current agreement is for $700 fee. (Camping revenues generate about $4,000 for TVBR.) TVBR would also pay 10% of morning and evening event net revenues.

  • D. Rodeo Co Facilities Use Agreement (Action Item)

  • E. TVFair & Rodeo Royalty/Fair Board MOU (Action Item)

  • F. 2024 FAIR: Schedule, Sponsor list, Sponsor Form, Poster review



  • Building/Grounds Update: Truck status, Bldg light fixtures, Painting, Livestock Scale

  • Other: Eastern Idaho State Fair Annual Budget meeting.


Feb. 15: Meeting with Idaho Department of Fish and Game.

  • Regional Director Matt Pieron and staff member Eric Anderson met with the Planning Administrator Jade Krueger to discuss how we can best gain engagement from the Department in review of Wildlife Habitat Studies for development proposals.


Feb. 20: Teton County Wildlife Advisory Committee.

  • Essentially covered actions covered in the improperly noticed meeting of 08-04-2022, elected officers, discussed committee role and future efforts to revise NRO and develop a new policy for Wildlife Habitat Assessments.


Feb. 22: Eastern Idaho Regional Solid Waste District

  • Approve past meeting minutes

  • Approve loan draw

  • Engagement letter with Searle, Hart & Associates, auditors

  • Presentation from Dave Hudacsko representing RAD proposal for waste hauling from Teton County

  • USDA loan update

  • Interim Financing Update with Bank of Commerce, second loan

  • Landfill equipment purchase and lease options

  • Discussion on truck fleet

  • Engineer update


Commissioner Riegel Reports
Jan 25 - High Country RC&D. Discussed project updates. Projects are primarily on wildfire urban interface on public and private land.Jan 26-29 - Idaho Assoc of Counties conference. Spent a lot of time on  advocating for the Travel & Tourism Tax.
Feb 8th - Met with Teton #401 Superintendent to discuss the four day school week. She encouraged the Superintendent to give a balanced presentation to the School Board. Feb 15th - Targhee Forest Collaborative. Commissioner Riegel did not attend but thinks a Board member should attend and is willing to take that on.
Feb 1st - Met with WYDOT Hwy 22 regarding proposed alternatives to traffic issues. Feb 9-13th National Association of Counties conference. Participated in the all day Public Lands Steering Committee meeting. All Idaho participants met with the staff of our congressmen.


11.3) DISCUSSION ITEM: ’OPEN MIC’ TOWNHALL 
Department: Commissioners


The Board scheduled a Town Hall for March 18th at 6 PM. Open Mic rules will stay the same - comments limited to three minutes and be relevant to an agenda item.

11.4) Executive Session74-206(1)(F) LEGAL 


12) PLANNING AND ZONING

12.1) 1:00 PM ? DISCUSSION: City of Driggs AOI Work Session
Department: Planning & Zoning


Driggs City Planner Leanne Bernstein and Mayor Christianson were present to discuss the Area of Impact update. The City of Driggs has a resource page on their website.
The Board asked how the County can have input. Ms. Bernstein clarified that this map is a starting point and is open to input. Planning Administrator Jade Krueger stated that she has been involved in the process.
The Board asked about the half mile of industrial along Hastings. Ms. Bernstein clarified that this area will be annexed into the city.
The Board asked Ms. Krueger if the City of Victor will be presenting a similar AOI update.
Next steps are a public hearing in March.


12.2) 2:00 PM ? PUBLIC HEARING: Harlan Ranch Subdivision Final Plat Hearing
Department: Planning & Zoning


Ms. Krueger presented the staff report for the Harlan Ranch Subdivision Final Plat Hearing.
Sarah Johnston, representing the applicant, was present to answer questions.
Travis Bush, the applicant, asked if the letter of credit amount is dependent upon the contingency in the cost estimate. The Board said a contingency is not required in a cost estimate, therefore the contingency could be removed and the letter of credit would be 125% of the new cost estimate. Stephanie from Alder Environmental, was present to answer questions. The Board had none.
Public comment was opened at 2:16 PM.
Jim Durrett commented that he wanted to know what would happen on the northern boundary that abuts his property. Public comment was closed at 2:18 PM.
Board deliberation.













MOTION: 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 Harlan Ranch Subdivision as described in the application materials submitted December 21, 2023 and additional information attached to the staff report, with the following conditions of approval: 1. The letter of credit should be revised to be 125% of the revised stamped and dated cost estimate. 2. The open space Restoration and Conservation Plan should be incorporated into the CCRs.  
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


12.3) 2:20 PM ? PUBLIC HEARING: Alpenglo Subdivision Preliminary Plat Hearing
Department: Planning & Zoning


Ms. Krueger gave the staff report for the Alpenglo Subdivision Preliminary Plat Hearing. The Board discussed requiring EIPH site visit for septic permits.
Matt Hail, the applicant, was present. Regarding the pathway, he is willing to grant a pathway easement and connect with Saddlehorn. He has spoken with the Saddlehorn HOA.Public comment was opened at 2:36 PM.
No one present wished to speak.Public comment was closed at 2:36 PM.
Board deliberation. The Board had no further comments.





















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 Alpenglo Subdivision as described in the application materials submitted on November 23, 2023, and additional information attached to the staff report, with the following conditions of approval: 1. Any signs within the Scenic Corridor require a Sign Permit with Teton County. The Subdivision sign in this instance may require a Sign Permit based on placement. 2. Individual site visits from EIPH will be required for a septic permit. 3. Encourage pathway for bicycle traffic.  
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


12.4) 2:40 PM ? PUBLIC HEARING: Clearwater Reserve Subdivision Preliminary Plat Hearing
Department: Planning & Zoning


Ms. Krueger presented the staff report for the Clearwater Reserve Subdivision Preliminary Plat hearing.
Sharon Woolstenhulme, representing the applicant, was present. She pointed out that the building envelopes allow for animal migration from east to west as well as north to south.
Public comment was opened at 2:48 PM. No one present wished to speak.
Public comment was closed at 2:49 PM.
Board deliberation. The Board commended the plat and CC&R's on this 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 of the Preliminary Plat for the Clearwater Reserve Subdivision as described in the application materials submitted on August 4, 2023 and additional information attached to the staff report, with the following conditions of approval: 1. 125% of the cost estimate is required for financial surety at final plat.  
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield        SECONDER: Bob Heneage
Bob Heneage, Cindy Riegel, Michael Whitfield None
None


12.5) ACTION ITEM: Northern Lights: Request for Reconsideration
Department: Planning & Zoning


Ryan Poole, the attorney representing the applicant, was present to answer questions. Mr. Poole summarized the letter he sent to the Board requesting the reconsideration. The Board had no questions.
The Board discussed the original decision. The Board pointed out the difficulty of making land use decisions without the benefit of counsel.
Husk Crowther joined the meeting. He stated the traffic study could be done pretty quickly.





















MOTION:  Continue the public hearing for Northern Lights Subdivision Preliminary Plat to May 6, 2024 at 1 PM in order to obtain a revised traffic study to evaluate traffic impacts with the actual primary route being Hatches Corner to 500 W to 6500 N from the applicant.    
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


12.6) 2:50 PM ? PUBLIC HEARING: Scenic Corridor- Alpine Acres Appeal:
Department: Planning & Zoning


Ms. Krueger presented the staff report for the Scenic Corridor-Alpine Acres Appeal public hearing.
Harley Wilcox, the applicant, was present to answer questions. He expressed frustration that he is being asked to meet landscape standards that do not exist. He is asking the Board to remove the requirement for a landscape plan which he submitted with his application.
The Board had no questions.
Public comment was opened at 3:09 PM.
Ida Hansen commented that the Land Development Code is a moving target. Public comment was closed at 3:10 PM.
Board deliberation. The Board had no questions.






MOTION: I move to modify the PZC decision to exclude condition number 2 for the Scenic Corridor Review of Alpine Acres Subdivision Lots 1-5 as presented in the attached materials.   
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Bob Heneage        SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield None
None


13) ADJOURNMENT

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