8/9/04 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, August 9, 2004, in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present: Don C. Clark, Chairman of the Board, Dwight L. Cochran, Conrad Micahelson and Joan P. Eborn, Clerk of the Board.

Greg Skinner, Road Supervisor, Rodney Wallentine, Treasurer, Brent Bunn, Sheriff, and Rosa Moosman, Editor of the News-Examiner also attended the meeting.

Commissioner Michaelson offered the opening prayer.

Chairman Clark called the meeting to order to consider the following items of business:

BEAR LAKE WEST ROADS
Jay Oberst and Steve Howard, representing Bear Lake West Property Owners Association presented a map of plats B & C in Bear Lake West Subdivision and a letter depicting 2 miles of roads they are asking the County to assume and noted these roads are up to county standard. That 75% of the road meets the 8% grade standard, around 100 to 150 feet exceed the county standard and the Dutch Canyon Road is 12% grade. The roads proposed for acceptance are Dutch Canyon Road - .8 of a mile, Cold Springs Drive - .7 of a mile, Canyon Ridge Way to Red Pine Drive - .35 of a mile and Red Pine Drive from Canyon Ridge Way to Juniper Drive - .15 of a mile, totaling 2 miles. At present 111 homes have been built or are under construction. Currently there are 14 full-time residents, including two families with children. Some residents are actually buying multiple lots to protect their view. There is a potential of 264 lots that could be developed.

When asked, Road Supervisor Skinner stated that taking on more roads in this area will necessitate more employees and equipment and the road grade is much to steep to be maintained in the winter months. He also noted that the Road & Bridge Employees are stretched so thin now that many roads in the county are not being taken care of during the year as planned.

Sheriff Bunn said the growth in that area impacts his department as well.

After a lengthy discussion, Commissioner Michaelson made a motion, seconded by Commissioner Cochran for Bear Lake County to accept, maintain and plow the 2 miles of road as requested by the Bear Lake West Property Owners Association contingent upon the Property Owners Association continuing to maintain the culverts, and see that the phone boxes are moved back and that water runoff is adequately handled. Motion unanimously carried.

ELECTED OFFICIALS MEETING
Assessor Lewis asked the Commissioners for clarification in last month's minutes regarding a motion made to grant a garbage fee exemption for modular homes, metal buildings and garages. He was concerned about inequity in the Solid Waste Fees.

Commissioner Michaelson said he didn't think the County was going to exempt them, but the rate should be less than those who were building homes as the amount of waste material is less than that of something being built on site.

The matter was taken under advisement for further review.

Treasurer Wallentine asked about a 10 acre parcel of land presently owned by the county adjacent to the 12 acre parcel the county had recently tax deeded. He wondered if the Commissioners were going to sell any of it or all of it and when the sale would take place.

SHERIFF'S REPORT
Sheriff Bunn presented his department's report of activity for the month of July 2004, for the Commissioners review and comment. He discussed the volume of prisoners incarcerated and the various facilities where they're housed.

JOINT POWERS AGREEMENT
Seth Scott, presented the new Juvenile Detention Center Joint Powers Agreement for the Commissioners review, approval and signatures. He presented information about the juvenile bed usage, which is 85% below what the allotment could be, thus indicating that the County Probation Officer is doing a wonderful job of monitoring the juvenile problems at home.

Mr. Scott reported the agreement has been changed effective October 1, 2004, in that 50% of the costs will be billed based upon the County's ownership and the other 50% at the end of the year will be billed based upon the actual county's bed usage.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve and sign the Juvenile Detention Center Joint Powers Agreement as proposed. Motion unanimously carried.

Mitch Poulsen, Bear Lake Regional Commission joined the meeting in progress.

LOVELAND LANE
Paul Underwood, Bear Lake West resident voiced concern about the condition of Loveland Lane. He asked what happens when Developers cause damage to the existing roads as they create additional subdivisions and whose responsibility it is to make certain the roads are restored to their original condition and who monitors and makes sure the roads are repaired in a timely manner. He questioned Gary McKee's project in particular. The Commissioners informed him it was the responsibility of the Developer.

After further discussion Commissioner Michaelson made a motion, seconded by Commissioner Cochran to take the matter under advisement to see if there could be an ordinance or resolution written and an agreement made with the Prosecuting Attorney to follow up with those that don't comply with the county's ordinance. Motion unanimously carried.

Mitch Poulsen said the Planning and Zoning Commission should be taking care of this situation and he offered to contact Gary McKee about the situation.

BEER LICENSE
Brent Kunz, owner of the Cabin Smokehouse BBQ Restaurant asked the Commissioners to approve an On-premise Beer and Wine License in the City of Montpelier.

As such, Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve the On-premise Beer and Wine License for Brent Kunz, Owner of the Cabin Smokehouse BBQ Restaurant. Motion unanimously carried.

BUILDING INSPECTOR RECOMMENDATION
Mitch Poulsen, Planning and Zoning discussed the most recent Planning and Zoning meeting whereat they made a recommendation that fees for a building permit be increased from $25.00 to $100.00. They also recommended two visits by the building administrator rather than only one. They felt the onsite visits should take place when the stakes are first set out and again when the foundation is poured.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to increase the current building permit fees from $25.00 to $100.00, to also require that all property owners have property corners adjacent to their building sites established by a registered surveyor with an effective date as of October 1, 2004. Motion carried unanimously.

WILDLAND FIRE MITIGATION PLAN
Mitch also discussed the Wildland Fire Mitigation Plan and noted they have a draft completed and posted at various places throughout the county.

MAJOR MEDICAL INSURANCE
Tom Hulme, and Ron Leavitt, representing Blue Cross of Idaho presented and discussed the renewal proposal for employee major medical insurance stating insurance premiums are continuing to increase.

They discussed various deductible options for the employees. Tom said most counties are moving away from the buy down deductible programs where counties pay a portion of the deductible due to HIPAA a new law that requires more privacy in regards to the releasing of medical information. He suggested leaving the deductible at $750 having the employees pay all of the deductible and eliminate the buy down deductible program. To help with increased costs for insurance they recommended going to a higher deductible and/or have the employees begin to pay for their families or a portion of the premium. The cost to continue with Blue Cross reflects a 15% increase.

In regards to the Gem Plan Tom told the Commissioners he would like reassurance that the Gem Plan is a good program and that they have a reinsurance contract they can present to the Commissioners prior to the county insuring with them.

Clerk Eborn informed the Commissioners the Gem Plan proposal reflects a 5% increase over current costs and could save the county quite a lot of money if the plan is fully funded.

Tom offered to get back with the Commissioners later in the month when they make a decision and before the budgets are set.

NOXIOUS WEEDS
Roy Bunderson and Glen Bee, Bloomington residents discussed their concerns regarding the noxious weed problems in the County especially in the Paris Bottoms and the Liberty area where Bunderson claims there is a major infestation. He indicated he has a significant investment in his property and wondered if Idaho Code 22-2405 (6) is being complied with in regards to identifying areas of weed infestation and enforcement of weed control on private property. He suggested the Commissioners direct the Weed Supervisor to notify private landowners of weed infestation, give them the 5 days the law allows and if they do not comply the county needs to spray the property and bill the landowner.

Commissioner Michaelson agreed that there should be some type of written formal procedure when a complaint is filed and he offered to contact the County Weed Supervisor to try to resolve the complaints and comply with the law.

SOLID WASTE/LANDFILL
Rich Galluchi, Cascade Earth Sciences met with the Commissioners to discuss the landfill wells and future testing procedures.

When asked, Commissioner Michaelson made it known the county has not done anything further as far as making arrangements to drill a new well. The County has put a camera down 200 feet and could not find any bends in the pipe. And hopes they will try one more time to get another sample from that well when they do sampling in October. At this time the County finds it very difficult to come up with the $52,000 to drill a new well. It was noted no samples so far have exceeded the standard.

Commissioner Michaelson agreed to contact Tom Mullican to set up a meeting regarding the well at the DEQ office in Pocatello in the near future in hopes of resolving the issue.

Mr. Galluchi said CES is offering longer water-sampling contracts discounting the rates. It will save monies for the counties and secure CES with a guarantee of work. He indicated Caribou, Franklin, and Power Counties are willing to participate and CES hopes Bear Lake County will sign the same contract.

Commissioner Michaelson said the State Transportation Department is planning on doing more work in Montpelier Canyon to finish the road down to the City of Montpelier. Part of the plan of construction involves removing a significant amount of fill and placing it in a draw south of the landfill. It will eliminate the State having to find a place to put it and would benefit the county in the fact that it would be a suitable site for an expansion of the landfill at a later date. However, the State is required to conduct an archeological study to determine if there are any artifacts in that area before they proceed with the work.

Mr. Galluchi noted that the landfill is being run well and compliments the county on their good work.

AIRPORT
Olean Parker, resident had questions about the expenditures on the airport budget. He questioned why there were three phone companies being utilized and paid for at the airport: US Cellular, AT & T and McCleod. He also questioned why there was a $500 appropriation for workman's compensation budgeted. Chairman Clark directed him to the Airport Board for answers.

ROAD & BRIDGE ISSUES
Supervisor Skinner gave a brief synopsis of the road work being done in the county. The Road Crew is currently dust guarding in Bear Lake West area, chip sealing and oiling on various roads, Bern, Montpelier and Paris. The paving machine still isn't running. They intend to pave the North Beach State Park Road if weather permits. He said the Commissioners should consider renting a dozer and make arrangements for an all wheel grader and replace some of the older dump trucks in the near future.

He noted that DEQ said according the Landfill Operations Plan the county is required to have a man at the gate monitoring every load of garbage that is taken into the landfill and that person should be a full-time person and in place within 2 months.

ROADS & SOLID WASTE
Richard Armatage, BLWHOA Board member wondered when the county can do more work at Bear Lake West. He feels the county needs to do more as to gravel, grading and paving. The Road Crew will try to dust guard more roads as soon as possible but can't pave the hills in the sub-division without more equipment and engineering expertise.

Mr. Armatage also expressed concern about residents of the Elk Valley Subdivision located on the Utah side adjacent to Bear Lake West and Utah Contractors filling the dumpsters at Bear Lake West. He said his wife and himself clean up around the dumpsters to keep garbage from blowing around.

It was learned that several years ago there was an informal agreement between Bear Lake County and Rich County which allowed residents in the Elk Valley Subdivision to access the garbage dumpsters in Bear Lake West and to also use the road for access to their properties. Rich County was supposed to reimburse Bear Lake County for that service which they have not done.

Commissioner Michaelson is very much opposed to taking garbage from Utah across the State line and putting it in the county landfill. They need to find another way in and out of the Elk Hollow Subdivision other than down thru the Idaho side.

Al Harrison agreed to set up a meeting between the two county officials in the near future to discuss the problem and reimbursement costs.

PUBLIC DEFENDER
Steve Wuthrich, Public Defender reviewed the new income guidelines for individuals qualifying for the public defender assistance which will cause his office to handle many more cases. He reported he had 8 felony cases in one week in July. He asked the Commissioners to increase his present contract by 33%, which amounts to $8,712 stating he has never had an increase since becoming the Public Defender. He also wants reimbursement costs for photocopies, for postage and reimbursement for mileage at 36c per mile, stating many of the cases are now being heard outside of Bear Lake County. At the present he has only been charging the county for long distance phone calls for the defendants on a semiannual basis. He stated he meets with the prisoners at least twice a week and would like a flat fixed rate set on conflict counsel cases. The Commissioners later agreed to consider a $5,000 increase based upon funding ability.

PREVIOUS MINUTES APPROVED
Commissioner Michaelson made a motion seconded by Commissioner Cochran to approve the minutes as submitted by Clerk Eborn for the regular meeting held on July 12th and a special budget meeting on July 26th. Motion unanimously carried.

CERTIFICATES OF RESIDENCY SIGNED
The Commissioners acted unanimously to approve and sign Certificates of Residency for Briana Danielle Blackwood, Tyler E. Lewis, Jesse Charles Locher and Sonya Locher.

AIRPORT BOARD APPOINTMENTS
Having contacted the individuals previously Commissioner Cochran made a motion seconded by Commissioner Michaelson to appoint Dan McClendon and Ed Jensen as new members on the Bear Lake County Airport Board stating their terms become effective immediately and are for a three year period. Motion unanimously carried.

MEDICAL APPLICATIONS
The Commissioners acted unanimously to deny the following medical applications: #2004-10 - No emergency exists, applicant is not medically indigent, the county is not the last resource and application was untimely filed. #2004-11 - Applicant is not medically indigent and the county is not the last resource. #2004-12 - No emergency exists, applicant is not medically indigent, the county is not the last resource, and application was untimely filed.

SOLID WASTE REFUND
Information from the Assessor's office indicates a parcel of land owned by Doug Adams does not meet the habitable structure definition and therefore, Commissioner Cochran made a motion seconded by Commissioner Michaelson that the solid waste fee he previously paid on that parcel of land be returned to him. Motion unanimously passed.

CLAIMS ALLOWED PAID
The Commissioners reviewed and approved claims as submitted authorizing Clerk Eborn to make payment as follows:

Meeting adjourned subject to recall by the Chairman or his order.

The Board of Bear Lake County Commissioners began meeting at 9:00 a.m. in the Commissioner's Room of the Courthouse Annex in Paris, Idaho as previously advertised to address a personnel problem at the Road & Bridge Department. Members of the Board present: Don C. Clark, Chairman of the Board, Dwight L. Cochran, Conrad Michaelson and Joan P. Eborn, Clerk of the Board.

Greg Skinner, Road & Bridge Supervisor also attended the meeting.

Chairman Clark called the meeting to order.

Pursuant to Idaho Code 67-2345 (b) Commissioner Michaelson made a motion seconded by Commissioner Cochran to recess the regular meeting and to convene an executive session to consider personnel issues and allegations of other improper activities at the Road & Bridge Department. Motion passed unanimously with all three Commissioners voting yes.

At the conclusion of the executive session Commissioner Cochran made a motion seconded by Commissioner Michaelson to adjourn the executive session and to reconvene the special session. Motion passed unanimously with all three Commissioners voting yes.

The Commissioners authorized Greg Skinner, Supervisor at the Road and Bridge Department to write a letter of reprimand to the employee who had been causing morale problems with other employees and undermining his authority. He was also cautioned to avoid even the appearance of wrong doing as a county employee and supervisor.

Meeting adjourned subject to recall by the Chairman or his order.

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