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minutes meeting date 2026-07-13 · fetched 2026-09-09 · 20396 characters · official file · plain text
BOCC Jul 13 2026 Regular Meeting FREMONT COUNTY COMMISSIONERS MEETING MINUTES July 13, 2026 Present for the meeting were: Commissioners Blair Dance, Rick Hill, and Mark Chandler Also attended by: Clerk Meredith Mattingly, Deputy Clerk Kim Fletcher and Civil Attorney Blake Hall Commissioner Dance called the meeting to order and welcomed those in attendance. Commissioner Chandler made a motion to approve the agenda for July 13, 2026 as presented. Commissioner Hill seconded the motion. A full voice vote was heard with all commissioners voting in favor. Treasurer Lori Beard RE: Tax Cancellations – action item Ms. Beard presented the tax cancellations and late charges for the month of June 2026 in the amount of $5448.19. Only $1.52 is tax cancellations. The remaining $5,446.67 in late charge. Commissioner Hill made a motion to approve the tax cancellations of $1.52 and late charge of $5,446.67 for June 2026, for a total amount of $5,448.19. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Emergency Management Coordinator Keith Richey RE: Countywide Burn Ban – action item Mr. Richey presented a resolution to set a countywide burn ban. We have 3 significant fires in the state, and we’ve had 2 fires in the county in the last week, but ours were put out quickly. Fuels are very dry, and fire danger keeps increasing. The public has been very supportive of what we are trying to do. The ban is for open burning, but does not include campfires in approved campfire pits, charcoal, or propane. It also bans all use of fireworks unless the local fire chief approves it. There is an exemption for Ag burns later in the year, but they have to be approved through the Department of Agriculture. This ban will be in effect through the end of the 2026 wildfire season. Commissioner Dance made a motion to approve Resolution 2026-15 for the prohibition of fireworks use and open burning, with the exception of approved fire pits and ag burning as outlined by Mr. Richey. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Sheriff Bart Quayle RE: Annual Forest Service Agreement – action item Mr. Quayle presented our annual agreement with the Forest Service to provide patrol and enforcement services on forest service grounds and their campgrounds. They pay us $18,000 for those services. They included Addendum A this year for fire emergency services, which is the only difference this year. This addendum just states that they will reimburse us for our services in case of a fire emergency. This agreement has been reviewed by Blake Hall and is ready for approval by the Commissioners. Commissioner Hill made a motion to approve the annual Forest Service Agreement for 2026 in the amount of $18,000 being paid to the Sheriff’s Office for their services. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioners RE: Flag Presentation to St. Anthony City Mayor – action item Commissioners presented a flag that was flown over the US Capitol on January 2nd, 2026 in celebration of America 250 to St. Anthony City Mayor, Donald Powell. The County flew it over the courthouse for a portion of the day on July 3rd, which was our recognized celebration of the 4th, and it is meant to be included in the time capsule for their America 250 celebrations. Planning and Building Planner Dusty Rigby RE: Angell Acres 2-lot Short Plat – action item; 7R Farms 2-lot Short Plat – action item Ms. Rigby presented application #25-084 for Angell Acres 2-lot Short Plat along with Findings of Facts, Conclusions of Law and Decision. Commissioner Hill made a motion to approve application #25-084 for Jon Angell - Angell Acres 2-lot Short Plat along with Findings of Facts, Conclusions of Law and Decision. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Ms. Rigby presented application #25-054 for 7R Farms 2-lot Short Plat along with Findings of Facts, Conclusions of Law and Decision. Commissioner Chandler made a motion to approve application #25-054 for Daris Richards - 7R Farms 2-lot Short Plat along with Findings of Facts, Conclusions of Law and Decision. Commissioner Hill seconded the motion. A full voice vote was heard with all commissioners voting in favor. Greg Gilson RE: Request to Plow Sedorus Hills Road – action item Mr. Gilson would like to request plowing on Sedorus Hills Road this winter. Where the dirt road starts from Jimmy Moon’s property to his is about 3 miles. He would like permission to plow the road, but was told he needed permission from the County to do the work himself. Mr. Hall stated this is a rule according to our ordinance. Rowdy Rigby stated the road doesn’t currently meet the criteria for us to plow it, nor is it on our current plow route. Commissioner Dance wonders if we would need an agreement in writing between us and Mr. Gilson. Mr. Hall stated we don’t currently have a written agreement with anyone we’ve made agreements with that are plowing their roads, they’ve simply asked for permission and we’ve allowed it. The only exception would be if we were to annex the road. Mr. Rigby stated there is damage on the road and he intends to make repairs but there hasn’t been time. They have no issue with him plowing it. Commissioner Dance made a motion to give Greg Gilson permission to plow the Sedorus Hills Road from 1890 Sedoras Hills Road south to the paved road, about a 3 mile distance. Commissioner Hill seconded the motion. A full voice vote was heard with all commissioners voting in favor. Deputy Clerk Kim Fletcher RE: Executive Session IC 74-206(1)(b) Commissioner Dance made a motion to go into executive session pursuant to IC 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; at 11:24 a.m. Commissioner Hill seconded the motion. A roll call vote was taken with Commissioner Dance voting “Aye”, Commissioner Hill voting “Aye”, and Commissioner Chandler voting “Aye”. Commissioner Dance declared the meeting open at 11:57 a.m. Commissioners RE: Deliberation for Caldera Appeal Hearing – action item Commissioners discussed the Caldera Appeal hearing that was held May 20, 2026. Commissioner Chandler stated there is a lot to this issue. Considering the size of the land in question, and a lot of the wildlife comments. He loves wildlife, but he doesn’t see where the Flats affect the grizzlies in any way. He feels the only way we are going to coexist with them is to get them delisted and figure out how to get along. The Sandhill Cranes, in September we can harvest 104 in the county, not including Teton and Jefferson counties. Considering the elk migration; since the wolves showed up, there’s no rhyme or reason to where they cross anymore, they just do. He does like the idea the developer has for wildlife friendly fencing. Commissioner Hill stated he’s spent a considerable amount of time reviewing this issue, and it’s not an easy decision. The bottom line that the Commissioners need to consider whether or not the application meets the standards and requirements of our Fremont County Development Code. If you go through the Findings of Facts, they applied for a Class II permit. The application was deemed complete and properly noticed. They met the requirements for density and lot size. The requirement is 20 lots per 100 acres; they want 32 lots on 160.01 acres which meets the density requirement. The open space and cluster requirement is 65% and their plan is for 69.7%, so they’ve met that requirement. They had a delineation done on the wetlands by a professional which was very in depth. We’ve seen and used those before in the county, and he believes it was well done. There is no dispute about wetlands being on the property; they were mapped and very professionally done. They buffer and set back 100 feet from the project. They’ve addressed the wildlife habitat corridors as well as the clustering on high ground. They have an engineered drainage erosion plan to address the stormwater drainage and erosion issues. Water supply wells will be permitted by the state. They will be connected to a central sewer system. They will have 2 accesses to the subdivision to help fire and other emergency services. They will also be putting in a 10,000 gallon water tank for sprinklers for fire supression. They met ITD’s permits for roads and traffic concerns. They have mitigated all of the open space, water, wildlife and scenic requirements that are part of our Comprehensive Plan. Speaking of the Comprehensive Plan, it is a guidance. It is not jurisdictional and cannot be used to deny a permit on its own. Our Comprehensive Plan even states this. Those situations need to be mitigated, and he believes they have gone through quite a lot to mitigate what they can. They’ve addressed the wetlands. They have all of their permits in. They have a sketch plan, a site plan, contact map. Subdivisions are allowed within the Rural Base Zone with a Class II permit, open space. They had a public hearing, they’ll have connection to a central wastewater treatment facility. They won’t have fencing so wildlife won’t be restricted. From his review, he feels the application meets the performance standards for subdivisions in this zone according to our Fremont County Development Code. He thinks our P&Z committee got caught up on our Comprehensive Plan. This was the impression he got when he read through the minutes from their hearing. They used policy 17, protecting agricultural ground. The intent of that policy is not to stop development. It’s to allow existing agricultural development still exist. It says that right in the Code, “to protect existing farm operations. Discouraging development may conflict with existing farm operations and require future rural residents to acknowledge the right of neighboring agricultural operations.” If you look up and down the county, most homes are likely built on what was at one time ag ground. This needs to be acknowledged. Again, they’ve addressed the wetlands, in their CC&R’s they are requiring bear proof containers. They are open to adding conditions. He feels they have done a lot of extra things to try to mitigate people’s concerns about the development. He feels they have met the requirements, and he doesn’t know that we can deny them if they have met the requirements. The wetlands are going to be contingent upon the Army Corp of Engineers’ approval, and that is out of our hands and isn’t our problem. So, the plat could still be denied and they could still be told they can’t do it. Commissioner Dance stated there were some comments in the written material that we were missing some agency letters that weren’t included in our packet at the time of our hearing that were necessary for this application. He can’t recall what they would be referring to. Commissioner Hill recalls those agencies didn’t need to respond. The applicant was required to reach out and ask for comment, but a response wasn’t necessary. Commissioner Dance stated there were concerns brought up by an existing neighbor about their irrigation system. They have a ranch, there’s no actual farming practices, its pasture land, but these concerns about their irrigation system were significant. Commissioner Hill stated that is his biggest concern about this issue. Whatever we do, there will need to be an agreement made that the neighboring property will not have any disruption with their irrigation practice. This could be mitigatable by putting it in our conditions. Commissioner Dance stated there were drainage concerns because of the roads, this could be engineered if it isn’t already. Commissioner Hill stated the developer has a stormwater and erosion engineered drainage plan. Commissioner Dance understands the concerns about the Flats being developed. Any development out there, if it is approved, has to be done right in order to set the standard for any future development. Commissioner Hill stated there is already some development on the Flat and has been for some time. People don’t want to see change or development in that area, but people own property and have property rights, and there are ways our Code sets out to mitigate those concerns. You can’t stop development just because you don’t want it. There has to be something in the Development Code to restrict it. He understands the situation, but he also knows there has to be legitimate reason why it can’t be done. Commissioner Chandler also understands. Nobody wants that place developed. But, he also doesn’t agree with people telling other people what they can and can’t do with their own property, and they don’t have any skin in the game. Island Park is a special place. He has friends who own property there. If people want to lock their ground up for wildlife or grazing, that’s their choice and good for them. If they want to tap into geothermal, good for them. It’s the American dream to get property and do what you will with it. Commissioner Hill stated he has property in Island Park, and when he built it, it was wide open. Now, he has neighbors everywhere. He may not be happy about it, but it’s their right. In hindsight, he should have bought more property, that would have been his only recourse. Commissioner Dance noted several expressed concerns that there was not enough open space, but the proposed development meets or exceeds the open space requirement. The general consensus of almost all the comments were negative, supporting the decision of P&Z. The P&Z board was split on their decision, they did deny it for various reasons. Some of their reasons were emotionally based, “We don’t want that Flat developed.” It is hard to find solid reasons not to. Commissioner Chandler stated there was a quote in the original P&Z hearing minutes that stated the developer had met all of the requirements that were asked of him. Commissioner Chandler stated they would be hooking up to the waste treatment plant. Commissioner Dance said this was another concern about them not having septic out there, but being attached to the sewer system. That is a condition of the whole proposal. We also have the letter from the Mack’s Inn Waste Water Treatment Plant stating they have the capacity to accept that on. Commissioner Dance noted DEQ was one of those that didn’t comment about this development. He has a note to self that Planning and Zoning needs to provide conditions of approval for wildlife mitigation if there are concerns that still need to be addressed. He has a question about the wetlands being primarily in phase 2, but he understands we need to look at the development as a whole. The project being in 2 phases isn’t grounds to deny it all together. Commissioner Hill read through the CC&R’s and feels they went above and beyond to meet the requirements for the subdivision, such as requiring bear proof containers and several other things to help address any concerns people may have. Commissioner Chandler discussed the scenic quality. He knows its an issue, but there was recently a farm split in an area with one of the most spectacular views in southeastern Idaho, he’s not seen a comment at all about it. He doesn’t believe there will be that much of a compromise to the view here. Commissioner Dance believes each lot has a sufficient building envelope. There was a point made by the IP Fire Commissioner, Joe Stella, that their ladder height only reaches 30 feet; he wonders if this should be addressed. He’s not sure if there is anything in the proposal that indicates a limitation on structure height. Tom Cluff stated the County Code has a height requirement for buildings and their 30-foot ladder would be adequate. The Commissioners also have a letter in their packet from the Island Park Fire District explaining their requirements. Mr. Stella came as an independent voice, but the official recommendation from the Fire District was in that letter, which is where the requirement for the 10,000 gallon water tank comes from. Mr. Stella commented the tank would not be adequate, but according to their official letter, it is. Commissioner Dance asked for confirmation that the wetlands were determined and certified by an outside third party. Commissioner Chandler said yes. Commissioner Dance stated the Commissioners can affirm, modify, remand, or reverse P&Z’s decision. Commissioner Hill made a motion to reverse Planning and Zoning’s decision on Caldera Flats with a condition added to create an easement and/or agreement with the Orme’s to make sure their irrigation system is able to continue to provide the water they are now receiving so they can continue to irrigate their property and isn’t hindered, a condition that every property be connected to the Mack’s Inn Waste Water Treatment Facility, and a condition for either wildlife friendly or no fencing. Commissioner Chandler seconded the motion. Commissioner Dance would like to remand it back to Planning and Zoning and have them do a thorough review of this issue. Commissioner Hill asked if they would have to have another public hearing. Civil Attorney Blake Hall said yes. Commissioner Hill feels we’ve had enough public hearing on this issue. It’ll all be the same, and nothing would change. Commissioner Chandler feels it would be redundant as well. Commissioner Dance asked for a roll call vote. Commissioner Hill voted “Aye.” Commissioner Chandler voted “Aye.” Commissioner Dance Voted “Nay.” The motion passed with a majority vote. Commissioner Dance explained his opposition is not a denial to the subdivision proposal, but a remanding back to P&Z for them to review the issue in light of the discussion that has taken place then bring it forward. Commissioners directed Mr. Hall and Staff to create a Findings of Facts, Conclusions of Law and decision on this matter. Miscellaneous Commissioner Hill made a motion to approve the claims for July 13, 2026 as presented. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Chandler made a motion to approve the minutes from July 6, 2026 as amended. Commissioner Hill seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Hill made a motion to approve the Junior College Application for the North Idaho College Fall 2026-Spring 2027 academic year for Austen Larsen. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioners discussed Pay App #18 for the Last Chance WWTP in the amount of #398,894.10. Commissioner Dance made a motion to approve Pay App #18 for the Last Chance WWTP in the amount of $398,894.10 and to approve the Chairman signing the reimbursement documents when we receive them. Commissioner Hill seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioners discussed an email they received from Prosecuting Attorney Lindsey Blake about a meeting concerning the Family Justice Center. Commissioner Chandler stated he was planning on attending the meeting. Sheriff Bart Quayle believes it is an outreach meeting to bring more resources to our county. Commissioners discussed attending the District 6 Elected Officials Meeting in Carmen. They asked Clerk Mattingly to help coordinate that meeting for them on July 29th. Clerk Mattingly stated she can do this. Commissioner Hill will be out of town, Commissioner Dance will plan on attending, and Commissioner Chandler needs to check his schedule. She will check with our other elected officials to see who will be attending. Commissioner Hill made a motion to adjourn the meeting at 2:08 p.m. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. _________________________________ Blair Dance, Chairman Fremont County Commissioner Attest: _____________________________ Meredith Mattingly, Clerk HISTORY Recorded by Min. 613718 Regular Commissioner Meeting 07-13-2026 on 7/20/2026
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