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minutes meeting date 2026-08-17 · fetched 2026-09-09 · 23718 characters · official file · plain text
BOCC Aug 17 2026 Public Hearing FREMONT COUNTY COMMISSIONERS MEETING MINUTES August 17, 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 Cory Stegelmeier Commissioner Dance called the meeting to order and welcomed those in attendance. Commissioner Hill made a motion to approve the agenda for August 17, 2026 as presented. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Executive Session IC 74-206(1)(d) Commissioner Dance made a motion to go into executive session pursuant to IC 74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; at 10:01 a.m. Commissioner Chandler 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 10:27 a.m. Commissioners RE: Discuss Guaranteed Maximum Cost for Security Entrance – action item Commissioner Hill stated that Core sent the guaranteed maximum cost for the security entrance on Thursday. The original estimate was much higher than we anticipated, so they were asked to take it back and revise it. Their final cost is $378,686.00, which is within the range we asked them to be. We need to decide if we move forward with the project or not. We do have $50,000 already invested toward the project for architect fees and pre-construction bids, so the total amount would be a little over $435,686.00. This is within what we projected to fund with our ARPA monies, the funds are there. Commissioner Hill stated there are some complications to consider. We don’t have it in the budget to fully staff a security entrance full time right now, but we could come up with some creative ways to staff it periodically, if we need to. The other complication is with proposed legislation from the State that would likely support the public carrying weapons in courthouses. This legislation didn’t move forward before, but it will likely come back to the floor again, we know. He never thought this kind of thing would be needed in Fremont County, but it’s been proven that we do. Things are happening all over the state, and it is just a matter of when it will happen here. It is a difficult decision, but he feels if we don’t move forward now with the ARPA monies while we have them, we won’t have the funds to do it in the future. Commissioner Dance asked if they will be able to do the project within the ARPA time frame. Commissioner Hill said yes, they could have it done by the end of the year, and they are aware of the timeline as well, but we will need to make a decision quickly. He is comfortable with this guaranteed maximum cost. Commissioner Dance asked where the funds would be coming from to pay for the security entrance project, for the sake of clarity for our constituents. Commissioner Hill stated the funding would only be coming from the ARPA monies. Commissioner Chandler expressed his stance that if we can staff this project we should build it. However, our budget is going down, not up, and our funding has just been cut. He wishes there weren’t so many variables we can’t control. He’s been a member of the NRA for a long time; he doesn’t always agree with them, but they’re going to get their way when it comes to what they are trying to do with the legislature. You can’t beat the NRA in Idaho, especially during an election year. He wants our employees safe and happy, but he feels that if we can’t afford to staff the security entrance, we shouldn’t build it. It won’t do us any good. Clerk Mattingly feels we should look to the future. Things aren’t going to get safer, and if we have the facility built, we could look into different avenues of funding to staff it, and at least it would be available to us. Having the security there the last little while has given assurance to our employees and Judges and has been valuable. We may not have these kinds of funds available to build it in the future. Sheriff Quayle stated there was a physical assessment done by the Idaho State Police in August of 2020 that exposed some extreme vulnerabilities with our building. It is a historical building, built in 1909, when they likely didn’t have the issues or level of contention we have today, but it is the reality. It was interesting watching last year’s legislation and its proponents; it was very 2nd amendment heavy, and they were all members of the NRA. Even in law enforcement circles, they have always discovered, and there is evidence of it, that it is good guys with guns that stop bad guys with guns. He isn’t trying to sway a decision one way or the other and knows the budget is an issue, he does feel it is important to consider how best to prepare for situations that are getting closer to home. Commissioner Dance feels the safety and protection of our employees and the public are important and it is judicious to have better security in the building. He hasn’t been a Commissioner long, but we haven’t had this kind of funding available to us before. It is difficult to have to prioritize where those funds are needed, but we don’t have a choice at this point. If something happens in the future, we would have difficulty answering questions to the public if we didn’t try to secure the building now. What the legislature is doing now, they are doing for votes and not for the good of the people. He doesn’t ever want to answer the question “Why didn’t you?” Bailiff Chuck Kunsaitis agrees with Sheriff Quayle. He understands the Commissioners have a difficult task ahead of them, however, he works here in the building with the employees and there was relief in the building when the security was implemented. Now that it is gone, some of those fears are returning even though they understand why it has happened. He is working with them to implement safety protocols and helping them continue to feel safe at work. Commissioner Hill understands Commissioner Chandler’s feelings of “why build it if we can’t staff it” but he feels we can figure out ways to staff it in the future even if its for short periods of time. Security has been a priority since he has been in office, and he feels it would be a step backward if we didn’t build it. He feels we should proceed. The numbers are where we need them to be, and we have the funding now, which we may not have in the future. Commissioner Dance made a motion to proceed with the contract with CORE to build the security entrance with the dollar amounts we’ve been given for the security of the building and with the likelihood we wouldn’t have this kind of funding in the future. Commissioner Hill seconded the motion. Commissioner Hill voted “Aye”, Commissioner Chandler voted “Nay”, and Commissioner Dance voted “Aye”. The motion passed by majority vote. Treasurer Lori Beard RE: Discuss Financing Software Contract – action item; Resolution for Destruction of Records – action item Ms. Beard discussed financing for the software contract with Augmentum. Assessor Blanchard attended this portion of the meeting via phone. Ms. Beard stated since last week she has learned between 3 and 5 counties will be participating in this program, so there will be a 10-15% discount. We had talked about borrowing from PILT to fund this software. Commissioners asked if there are other departments that would be able to use this software that do have a revenue source that might be able to help pay for it. Ms. Beard stated Public Works has an administrative fee that they pay that could contribute some towards the payment of the software but it would be small. Ms. Blanchard stated Planning and Building also would have access to some portions of the software that may be able to pay into it as well. Ms. Blanchard has reached out to our contact with Augmentum; they are creating a contract with our name on it. It wasn’t prepared to present this week. They will have the contract to present during our meeting on the 31st of August and hope to be able to move forward with a decision. Ms. Beard presented Resolution 2026-16 ordering the destruction of records maintained by the Fremont County Treasurer’s Office. Commissioner Dance made a motion to adopt Resolution no 2026-16 ordering the destruction of records maintained by the Fremont County Treasurer’s Office. Commissioner Hill seconded the motion. A full voice vote was heard with all commissioners voting in favor. Public Works Director Brandon Harris RE: South Teton Bridge State and Local Agreement and ITD Form 1983 – action item Mr. Harris discussed his budget for FY2026. The State has taken away $1.2M from his budget, but some monies were found for the South Teton River Bridge project and the portion we will have to contribute is only about $488,000. He requested monies that were moved from certain lines in his budget to other areas to be moved back to their previous places, and offered $50,000 to help the Treasurer’s and Assessor’s with their software purchase. He presented state and local agreement no. A024 for the South Teton River Bridge with ITD in the amount of $488,114.00. Commissioner Dance made a motion to approve the State/Local agreement for project number A024 (341) for the South Teton River Bridge between Fremont County and ITD in the amount of $488,114.00. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Mr. Harris presented the final documentation stating we have paid a total of $3,498.70 to access four properties through an easement for the Teton River Bridge project. Commissioner Dance made a motion to approve the Local Public Agency’s Certificate of Completion of Right of Way Activities with the Idaho Transportation Department regarding Key # 24341, project #2(024)341 in regards to the South Teton River Bridge in the total amount of $3,498.70 for four acquired properties. Commissioner Hill seconded the motion. A full voice vote was heard with all commissioners voting in favor. FREMONT COUNTY COMMISSIONERS PUBLIC HEARING Rogers Road Validation/Vacation Fremont County Courthouse/Commissioners Room Monday, August 17, 2026, 1:00 PM Present for the meeting were: Commissioners Blair Dance, Rick Hill, and Mark Chandler Also attended by: Clerk Meredith Mattingly, Deputy Clerk Kim Fletcher, Civil Attorney Cory Stegelmeier, Planning and Zoning Administrator Tom Cluff, Planning and Zoning Planner Sara Bowersox, and Planning and Zoning Planner Dusty Rigby Commissioner Dance called the hearing to order and welcomed those in attendance. He also introduced county employees in attendance. He turned the time over to Mr. Stegelmeier to serve as hearing officer for this hearing. Mr. Stegelmeier explained this hearing is to discuss the validation of the road located at East 500 North from North 3600 East running ½ mile, found roughly 1 mile north of Hog Hollow Road. This is Application #24-103. He asked if any of the Commissioners have a conflict on this hearing. Commissioners have no conflict. Mr. Stegelmeier asked Clerk Meredith Mattingly if the hearing had been properly noticed. Clerk Mattingly stated that it had. Mr. Stegelmeier turned the time over to Planning and Building Planner Sara Bowersox to present the Staff Report. Sara Bowersox, 3670 E 100 N, Ashton, ID. Ms. Bowersox stated she emailed the Commissioners these documents last week so each would have copies. We received this application from the Rogers’ asking to validate the road. It is the ½ mile portion that would be considered East 500 North running east from North 3600 East. The purpose of this hearing is to determine whether the road is public or private, and if there is any public interest in keeping it public in the event that evidence shows it is public. We do have evidence the road has been graded by the County since before 1981, documented almost up until 2024. Because the County has taken the time, effort, and money to grade the road, it became a prescriptive easement. The owners of the neighboring property have had a survey done on their property and had stakes placed along that survey line, which was approximately the center of the road. So, Mr. Rogers has asked that the County determine whether or not that road is public. Exhibit A is the application packet with the letters and documentation we have received. We also received several comments that demonstrated this is a contentious issue. Some of the comments state the County shouldn’t spend any money on this stretch of road. One comment agrees the road used to be a County road and shouldn’t have been lost. It is up to the Commissioners today to determine whether or not it would be in the public interest for this to be a public road. The County has maintained it. No public lands are accessed by this stretch of road, and no parcels are accessed solely by this stretch of road. Kent Rogers, 530 N 3600 E, Ashton, ID. Mr. Rogers presented photos showing the road this spring and what has happened to it. His neighbor to the south, Harry Worrell, had a survey done by Jeff Rowe, who asked permission to come onto the Rogers’ property to do the survey. After the survey was done, Mr. Rowe came back to tell him what had happened. Harry was placing stakes, he asked why, and was told that Mr. Worrell needed it for the bank. He was later informed that Mr. Worrell was trying to close the road. He called Commissioner Dance who came to see what was going on with the road and suggested speaking with the Commissioners. They were then told to do a road variance, so they met with Tom Cluff and started that process. Over the year since their first meeting with the Commissioners, the Rogers’ had some issues on that corner, so they put a trail camera up. Mr. Worrell was adamant that the Rogers’ were not allowed on his property. Mr. Worrell put rocks, no trespassing signs, and destroyed his side of the road, but he still continues to use the road. Mr. Rogers has a letter from Max Parkinson who remembers using the road and it being graded many times. He talked to Blair Jones, who worked for the County for many years and remembers grading not only that portion of the road, but all the way to the Hog Hollow Road. When things were homesteaded, there was a law called the Revised Statute 24-77 enforced that protects these roads to help develop the area. It was enacted in 1866, and it gave the County rights to put roads in as the Homestead Act came into play. This road was put in during that era. He explained that at the time, the road did extend through a large portion of what is now the Worrell’s property, but the law protects these types of roads. Under Idaho Law, an adjacent landowner cannot unilaterally close or block a road as it serves as a legal easement or public right of way. Blocking the road is illegal unless the road is entirely on private property without record, easement, or established public use. There are records of the County grading this road, which include dates and the distances they were grading, often farther down the road than the half mile he is asking the variance for. In 1995, the County built the road from Hwy 32 out about ¼ mile short of this junction. He had a lease with the County for use of a gravel pit the Rogers’ own for fill to build the road. They used this road to get from the pit and help build the highway. When Evan Worrell took ownership of the neighboring property in the late 80’s or early 90’s (Harry Worrel’s property), he approached the Rogers’ and asked to split the road down the property line between 5 neighbors. After some negotiation, they agreed. These neighbors were Kent Rogers, Dennis Rogers, their father who has passed, Gene Biorn who has also passed, and Evan Worrell who has now passed. Only 2 are living that were part of that agreement. Mr. Biorn built the road up and put borrow pits on each side. Mr. Rogers presented a county document and directed the Commissioners to page 62, which states the road has already been designated as a County road, and is labeled on the County map. Mr. Stegelmeier explained the Public Comment portion of the hearing. Each person that has signed up to comment would be allotted 3 minutes to comment. At the beginning of their time, they will need to announce their full name and address for the record. Comments need to be related to the road validation issue, and any interruptions, cross talk, personal attacks, or disruptive behavior are prohibited. Written comments that were submitted before will be part of the public record. There will be no more public comment after this hearing, and no decision will be made today. Mr. Stegelmeier opened the meeting for public comment. PUBLIC COMMENT: Amy Worrell, 18 N Center, Parker, ID. Ms. Worrell stated they had the land surveyed in July 2025 and there were no mentions of an easement mentioned in the survey. She stated that alleged road has been marked with private property signs for as long as she can remember. She also noted that in the request for variance for this road, it was mentioned that they allegedly had her late father’s permission, which she knows they did not. Her father kept his children aware of what was going on with the farm because he knew they would be inheriting it, so he made sure they were well informed. Marcus Worrell, 2412 E 434 N, St Anthony, ID. Mr. Worrell stated the buildup and maintenance of the ground was done illegally. When his father was dying, the road was built up by taking ground off the fields and building up the roadway. It was maintained for a while and then was stopped in the 80’s (is what he was told). The road doesn’t serve anyone other than the Rogers’. It doesn’t go anywhere or connect to anything. The proposed solar plant access would be half a mile north. From his understanding, the State of Idaho never adopted the Revised Statute 24-77, and it does not exist in Idaho. Use of the road in the past was tied to farmers. There has been no public use of this road in 35 years, so he doesn’t feel it qualifies for a validation and should be vacated completely. Growing up, Rogers never even used that field; they had the road blocked off on that side of the field. Dennis Rogers, 549 N 3600 E, Ashton, ID. Mr. Rogers stated that at the time of the road agreement, Gene Biorn was County Road Foreman for the north of the district and helped build the borrow pits and create that road so the County could use it to haul the gravel to help build Hwy 32. The road actually goes half mile east and half mile towards the south that accesses the four corners. Harry Worrell is on one corner, Cal Wickham is on another corner, and the Rogers’ are on the other 2 corners. Without that access, Wickhams’ can’t access that part of their property. He doesn’t remember criminal trespassing signs being put on the road until the last couple of years. There have been signs down by the residence, but never on the road until Mr. Worrell tried to close it. They just ask the Commissioners to recognize past agreements even though they were never written down. Jason Rogers, 545 N 3600 E, Ashton ID. Mr. Rogers showed the Commissioners a website, BLM.gov. The road in question shows on BLM maps and extends all the way down to Hog Hollow. BLM.gov is a government website; he just wanted to show that according to the government, this road is on their records. Blair Jones, 3697 E 1425, Ashton, ID. Mr. Jones stated he is retired. He provided the documentation that the county has maintained and graded this road since he started working for the County in 1981. In the 80’s and 90’s, it was graded all the way down to the Hog Hollow Road, and was usually done at the request of homeowners. Since the early 2000’s, the records started changing as far as what he kept; there weren’t really any before that. Things were updated and records were kept because people would claim the County didn’t grade roads and he would be able to show them the records of the work the County had done. On this road, we graded the half mile down from the corner, plus another not quite half mile to the Wickam home. There really weren’t any requests to maintain past that point, so it wasn’t done. The public comment portion of the hearing was closed at 1:29 p.m. Mr. Kent Rogers stated what really bothers him is that when they first met with the Commissioners about doing the variance, when Mr. Worrell tried to close this road, he never made an effort through Planning and Zoning or to the Commissioners to have the road vacated. There was never any public notice sent out. Nothing was ever posted, and nothing was ever recorded. He just decided to do it himself. According to State Law, this is a misdemeanor, which can bring fines and jail time. He can be held responsible to remove the obstacles in the road, as well as the reinstatement of the road. There’s also the possibility of $1000 fine and a few days in the County Jail. If he’s given a certain amount of time to remove the obstacles in the road, and he doesn’t do it, it can be an additional $150 per day fine until the obstacles are removed. He would like to see the road reinstated, and doesn’t want anyone to have to pay for it. He offered the County another lease to use their gravel pit for road fill at no cost to the county in trade for keeping the road open. The Rogers have tried to be good neighbors to the Worrells. The road has been used as long as he can remember, not just by him, but by other farmers as well. He hopes the Commissioners see fit to reinstate this road Mr. Stegelmeier thanked everyone for their comments and attendance. He stated that this matter will now be taken under advisement, and that the Commissioners have 60 days to issue a written decision. When they do, notice of that decision will be mailed out to everyone. There being no further business to come before the board, the hearing was adjourned. Miscellaneous Commissioner Hill made a motion to approve the claims for August 17, 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 August 10, 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 College of Eastern Idaho Fall 2026-Spring 2027 academic year for Kaylee Wilson. Commissioner Chandler seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Hill made a motion to approve the 2026-2027 Retail Alcoholic Beverage License for: #3 Saint Agony Brewing #4 Saint Agony Brewing LLC #5 Dusty’s Pit Stop #6 Connie’s #7 Dave’s Jubilee #8 Maverik #534 #9 Squirrel Creek Elk Ranch Inc #10 Pond’s Lodge Commissioner Dance seconded the motion. A full voice vote was heard with all commissioners voting in favor. Commissioner Chandler made a motion to adjourn the meeting at 1:39 p.m. Commissioner Hill seconded the motion. A full voice vote was heard with all commissioners voting in favor. There being no further business to come before the board the meeting was adjourned. _________________________________ Blair Dance, Chairman Fremont County Commissioner Attest: _____________________________ Meredith Mattingly, Clerk HISTORY Recorded by Min. 614346 Public Hearing 08-17-2026 on 8/31/2026
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