12/18/03 - Commissioners Meeting

The Board of Bear Lake County Commissioners met on Thursday, December 18, 2003 at 4:00 P.M., in the Bear Lake County School Board Room in Paris, Idaho to discuss issues regarding the Bear Lake County Historical Society and the Oregon/California Trail Museum/Center and allegations of conflict of interest situations.

Board members present: Dwight L. Cochran, Chairman of the Board, Don C. Clark, Conrad Michaelson and Joan P. Eborn, Clerk of the Board. Ardee Helm, County Prosecuting Attorney and Scott Olson, Board Member of the Oregon Trail Museum was also present. County residents and those signing the register were as follows: Paul D. Underwood, T.D. Bird, JoAnn Farnsworth, Rosa Moosman, Sherry Brown, Lewis Pope, Maureen Dunn, Betty L. Sparks, Daryl D. Sparks, Jerry and Teresa Scott, Bob Miller, Vaughn N. Rasmussen, Virginia Jacobsen, Steve Allred, Max Lauridsen, Noel Vineyard, Sherrel Burgoyne, Allene K. Daines, Paul H. Daines, Melinda Dunford, Merelyn Hunzeker, Destiny Hunzeker, Cassandra Parker, and Roy Bunderson.

Chairman Cochran called the meeting to order allowing those attending to ask questions and offer comments in regards to problems with the Oregon Trail Center operation and the Historical Society.

Bob Miller asked who the present Board Members of the Oregon Trail Center Museum are? Scott Olsen replied, Dwight L. Cochran, T.D. Bird, Lorene Roberts, Paul Underwood, Steve Murdock, Morgan Skinner and himself. Olsen also stated he had recently been elected as a City Councilman for the City of Montpelier and he wanted those attending the meeting to be aware of that fact.

Lewis Pope expressed concerns about previous meetings and the possibility of conflicts of interest situations and problems with elected county and city officials serving as officers or board members on the Oregon Trail Center Board of Directors. Mr. Pope asked Attorney Helm what his legal opinion is in regards to conflicts of interest with these positions.

Chairman Dwight L. Cochran said when he was put in as an officer and member of the Oregon Trail Center, he was already the Chairman of the Board of County Commissioners and he felt everything was dumped on him at once. He had been made an ex-officio member at the time most of the former Board Members resigned.

Mr. Pope said that he does not agree with the fact that Dwight Cochran is a voting member and Chairman of the Board of County Commissioners and is also an officer and member of the Oregon Trail Center Board of Directors, that has received in the past and is likely to again receive funding from the county.

Mr. Pope noted that there had been a $5,000 check issued from the County Clerk’s Office to the Oregon Trail Center, to be picked up by Scott Olson, Oregon Trail Center Board Member, but later had a stop payment on it. Later during the meeting, Clerk Eborn said Chairman Cochran had directed her to issue the check. Eborn said she learned later that not all of the Commissioners had approved payment of the check. At that point in time Clerk Eborn issued a stop payment on the check.

In regards to the conflict of interest issue, Attorney helm said that if Commissioner Cochran received a wage for being on the Oregon Trail Center Board o Directors there could be a conflict of interest as it could be considered an economic benefit to him. Helm said if Cochran were being paid, which he is not, a statement would need to be made in a public meeting, that he was an officer/member of the Oregon Trail Center Board of Directors. If it were thought there could be or was an economic benefit to him personally or his family members, Cochran would simply need to decline to vote on that particular issue. Helm felt there was no benefit to Chairman Cochran or his family.

Mr. Pope said he would personally challenge the issue of there being no benefit to Chairman Cochran or his family.

Commissioner Michaelson wanted make clear the official position/relationship between Bear Lake County and the Bear Lake County Historical Society and the Oregon Trail Center. The Bear Lake County Historical Society was created by the County Commissioners through Ordinance #91-01 during the Commissioners meeting held in June 1991. Their board members are all appointed by the Commissioners. One of the County Commissioners, Commissioner Clark actually attends those meetings as a representative (ex-officio) to the board.

The Oregon/California Trail Center is an independent non-profit organization from the County. The County has no obligation, or responsibility to this organization. The Commissioners have no authority to make any decisions, or to appoint the members of the Oregon Trail Center Board of Directors. The County does have a vested interest in the Oregon/California Trail Center because of the economic impact it has on the County and because funding from the county has been given to the Oregon Trail Center in the past.

The Board of County Commissioners will continue to support the Oregon Trail Center in the respect that at the budget hearings in August and September 2003, $27,000 of the total FY 2004 county budget was allocated for the Oregon Trail Center to be used in the event of an emergency.

Commissioner Michaelson thought comments from the public in the future would have some influence on when and how much of the budgeted funding will actually be given to the Oregon Trail Center. But again the county has no control of the Oregon Trail Center and its Board of Directors.

Attorney Helm agreed with Commissioner Michaelson stating that the Oregon Trail Center exists as a non-profit corporation separate from the County.

Commissioner Michaelson noted that the property on which the Trail Center was built belongs to the City of Montpelier and is subject to a lease agreement. The City of Montpelier thus has a duty of oversight on the ground.

T.D. Bird said there is a letter to Commissioner Cochran dated 9/05/03 from Ronald Busch, previous attorney for the Oregon Trail Center, which addresses the conflict of interest issue in regards to Chairman Cochran and Mayor Bird’s positions as elected officials and members of the Trail Center Board of Directors. Mr. Bird asked that a copy of the letter and the Idaho Nonprofit Corporation Act Ruling 30-3-81, be entered into the minutes. (See attachment to minutes at County Clerk’s Office, Paris, Idaho)

Sherrel Burgoyne, Montpelier City Councilwomen asked the Commissioners that when they vote to release funding to the Oregon Trail Center with Chairman Cochran also being a Director on the Oregon Trail Center Board would it not then be a conflict of interest?

Again, Attorney Helm said that it would be a conflict of interest only if Cochran were being paid by the Center or if he or a member of his family received some economic benefit therefrom.

Attorney Helm referred to Idaho Code 59-702 – Ethics and Government Act Chapter 7 (Conflicts of Interest).

Bear Lake County Historical Society:

Sherry Brown, President of the Bear Lake Historical Society gave a brief background of the Historical Society, which was formed in 1991. Allene Daines said she was in charge of the relics and antiques owned by the Daughters of Utah Pioneers and other private owners who allowed them to be kept and displayed in the Rails and Trails Museum downtown in the old Burgoyne Hotel in the City of Montpelier. Lois Lee Hulme at the time was the President of the Bear Lake County Historical Society and they along with representatives form the Oregon Trail Center together decided the relics and antiques would be more secure if they were moved to and displayed at the Trail Center.

Ms. Brown, during a lengthy discussion reported she had lately become aware by e-mail, that the name of the museum had been changed from the Rails and Trails Museum to say the DUP Rails and trails Museum and that the filings were done by the Oregon Trail Museum Organization. She felt the Rails and Trails Museum was now being used as a trade name for the National Oregon/California Trail Center. Ms. Brown presented information and copies of two Certificates of Assumed Business Name documents, one recorded on August 22, 2003 and another amending the first document recorded on September 10, 2003 in the Secretary of State’s Office. The signature on both documents was that of Dwight L. Cochran. Chairman Cochran denied knowledge of the intent to register the name giving the Oregon Trail Center authority to do business for and in behalf o the Rails and Trail Museum, but admitted it was his signature on the papers. He noted he often signed papers given to him without an investigation of the documents by the people he trusts.

Mr. Brown presented a copy of the Bear Lake County Historical Society Mission Statement asking the Commissioner to support and improve and sign the document. (See attachment to minutes at County Clerk’s Office, Paris, Idaho)

Commissioner Michaelson made a motion to: 1) Continue to support the Bear Lake Historical Society as formed. 2) Register the name of “Rails and Trails Museum” as a “business name” of the Bear Lake Historical Society, and 3) Request the Oregon Trail Center to withdraw their registration of the name “DUP Rails and Trails Museum” from state registration. Seconded by Commissioner Clark. Approved unanimously.

Ms. Brown continued discussion regarding the name confusion and other problems existing between the Center and the Historical Society stating her concern that donations to the Historical Society for the Rails and Trails Museum may instead be sent to the Oregon Trail Museum.

Complaints were stated as to the meetings not being published and open to the public and other concerns were expressed as to financial accountability.

Attorney Helm said that as a private person he sees that the Center has needed tax dollars in the past and will continue to need more. He would like the Oregon Trail Center to open up to the public and stop the tight circle and provide financial audits to the public. He also suggested a voting membership that would meet once a year to elect directors.

The Commissioners were in favor of resolving the problems that currently exist and are willing to do what they can to accomplish that objective.

Meeting adjourned.

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12/16/03 - Commissioners Meeting

The Board of Bear Lake County Commissioners began meeting at 1:00 P.M., on Tuesday, December 16, 2003, in the Commissioners Room of the Courthouse Annex in Paris, Idaho, as previously posted to set a policy in regards to the garbage collection fee and to discuss wage and salary complaints from county employees. Members of the Board included Dwight L. Cochran, Chairman of the Board, Don C. Clark, Conrad Michaelson and Joan P. Eborn, Clerk of the Board. Other county elected officials at the meeting included: Ardee Helm, Prosecuting Attorney, Lynn Lewis, Assessor, Rodney Wallentine, Treasurer and Brent Bunn, Sheriff. Monte Transtrum, Road & Bridge Supervisor, Rosa Moosman, Editor of the News-Examiner, Lewis Pope, Steve Allred, Douglas Morrell and Roy Bunderson were at the meeting.

Chairman Cochran called the meeting to order. Commissioner Michaelson presented a written policy statement and made a motion to adopt it as the Bear Lake County solid waste fee schedule. Chairman Cochran seconded the motion.

Bear Lake County

Solid Waste Fees

Residential Solid Waste Fees:

All residences will be charged a solid waste fee. At present that fee is $120 per year. A residence is defined as a building which is habitable and which is occupied at any time during the year. The only exception will be for those residents who qualify for hardship exemptions. Solid Waste bins (100 gallon) will be provided by the county. The first one will be provided by the County. Additional bins will be provided to the residents at cost. The solid waste fee will be charged for each bin, i.e. if a resident requires two bins to be picked up or requires two pick-ups per week, he/she will be charged $240 per year.

Business Solid Waste Fees: All businesses will be charged a solid waste fee. A minimal charge for one bin/dumpster on an annual basis will be required. At present that fee will be $240 for a 300 gallon bin or $300 for a 450 gallon dumpster for a once a week pick-up per year. Additional bins or dumpsters will be charged on the basis of the bin/dumpsters required, i.e. if a business requires two 300 gallon bins to be picked up twice a week, the charge will be $240 X 2 X 2 = $960 per year.
If the business is seasonal, they may reduce the number of bins used during the year. Charges will be prorated by the month. A recording fee of $50 will be required for changing the number of bins/dumpsters used. It is the responsibility of the business owner to control the use of the bin/dumpster it is paying for, e.g. unauthorized use by others, scattered garbage outside of the bin/dumpster, will not be controlled or picked up by the county.

Discussion and comments followed:

Commissioner Michaelson informed those at the meeting the solid waste fee is for running and operating the landfill as well as the garbage collection service. The county is required by law to maintain a landfill. Every business will be charged a fee whether or not they have a bin, but will be allowed to choose the bin size they want. All habitable residences in the county will be charged. The definition of habitable residence was determined to be any structure having a 2-fixture bath and/or a food preparation facility on the premise.

Lewis Pope voiced concern about the increased fee charged to the Best Western Motel in Montpelier. He had previously sold the motel to Young Hoon Kang. He feels that business is seasonal and asked why an additional dumpster had been delivered to the motel making the fee even more. Transtrum said when one of the dumpsters is full and the drivers find garbage on the ground they deliver another one.

Mobile homes and travel trailers will be charged the fee. Most of the time the information will be taken from the County Assessor’s records. It will be the responsibility of the Assessor’s Office to find and identify improved lots. Homes under construction will be required to pay for a bin when they apply for a building permit.

Doug Morrell asked if the garbage fee on the recent tax notices was for services in 2003 or for 2004. Attorney Helm answered, in his opinion the recent fee increase can’t be made retroactive to January 2003. Morrell wants and appreciates the service, but wants to be billed for once a week pickup. Other people are using his dumpster. It is the responsibility of the business owner to control the use of their bins/dumpsters.

Fees are applied to the tax notices when Transtrum or one of the Solid Waste employees meet with the County Treasurer.

Fairness in regards to seasonal businesses paying the same fee as year round businesses, and those residents in the county having to take their garbage to a central location rather than curb side pick-up was discussed.

Roy Bunderson said it’s an equity issue, some don’t use the Sheriff, they still pay taxes. In reality, it’s a tax by virtue of what the legislature did. You cant’ make everything completely fair.

It was determined some issues will have to be adjusted for in the future by contacting or meeting with the Commissioners.

Commissioner Michaelson made a motion, seconded by Commissioner Clark to amend his previous motion to include the changes to the policy statement:

BEAR LAKE COUNTY

SOLID WASTE FEE POLICY

Residential Solid Waste Fees:

All residences will be charged a solid waste fee. At present that fee is $120 per year for once a week pickup.

A residence is a habitable structure defined as having a 2-fixture bath and/or a food preparation facility on the premise.

The only exception will be for those residents who qualify for hardship exemptions.

The resident solid waste bins (100-gallon) will be utilized by the county as equipment to handle them becomes available.

The first solid waste bin will be provided by the county. And, additional bins will be provided to the residents at cost. Residents will be responsible for their solid waste bin.

The solid waste fee will be charged for each bin, i.e. if a resident requires two bins to be picked up or requires two pick-ups per week, he/she will be charged 4240 per year.

Business Solid Waste Fees:

All businesses will be charged a solid waste fee. A minimal charge for one bin/dumpster on an annual basis will be required. At present, that fee will be $240 for a 300 gallon bin and/or $300 for a 450 gallon dumpster for once a week pickup per year. Businesses will be allowed to share a bin, but will still be charged the $240 yearly business fee. A business may elect to have the 100-gallon bin, but will still be required to pay the minimum business yearly fee of $240.

Additional bins or dumpsters will be charged on the basis of the bins/dumpster required and/or the number of times pickup per week is required, i.e. if a business requires two 300 gallon bins to be picked up twice a week, the charge will be $240 X 2 X 2 for a total of $960 per year.

If the business is seasonal, they may reduce the number of bins/dumpsters used during the year, but will still be charged the minimum fee of $240 or $300. Charges will be prorated by the month. A processing fee of $50 will be required for changing the number of bins/dumpsters used.

It is the responsibility of the business owner to control the use of the bin/dumpster which they are paying for, e.g. unauthorized use by others, scattered garbage outside of the bin/dumpster, will not be controlled or picked up by the county.

A residence with an in home business, will only be required to pay a residence solid waste fee, unless they require additional capacity in which case they will be charged according to the rates listed above.

Residential and Commercial Development Fees:

A minimum charge of $240 for a 300 gallon bin or $300 for a 450 gallon dumpster must be paid to the Bear Lake County Assessor prior to obtaining a building permit in Bear Lake County.

Additional bins/dumpsters and weekly pick-ups will be billed.

For those areas deemed inaccessible to the garbage truck throughout the year, dumpsters will be provided at the nearest feasible location. Residents will be required to bring their garbage to these dumpster sites. Residence and business fees apply.

/s/ DWIGHT L. COCHRAN__________ /s/ DON C. CLARK_____________

DWIGHT L. COCHRAN, Chairman DON C. CLARK

/s/ CONRAD MICHAELSON________ ATTEST: /s/ JOAN P. EBORN____

CONRAD MICHAELSON - JOAN P. EBORN, Clerk

Motion unanimously carried.

OREGON/CALIFORNIA TRAIL CENTER

At the request of several individuals attending the meeting the Commissioners agreed to set a special meeting at the School District Offices in Paris, Idaho, on Thursday, December 18, beginning at 4:00 P.M., to discuss and listen to comments about the Oregon/California Trail Center operation, dispersing public funds, closed meetings and the Center’s relationship with the Bear Lake Historical Society.

EMPLOYEE SALARIES

As to the on going complaints of salary disparities between county employees in regards to the recent pay increase, Commissioner Michaelson made a motion, seconded by Commissioner Clark to table the issue until a study of other local employers such as the local banks, schools, the hospital, private enterprises and other surrounding counties can be conducted setting a target date of the 1st of March for completion. Motion unanimously carried.

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

/s/ DWIGHT L. COCHRAN______

DWIGHT L. COCHRAN, Chairman

ATTEST: /s/ JOAN P. EBORN______

JOAN P. EBORN, Clerk

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12/8/03 - Commissioners Meeting

The Board of Bear Lake County Commissioners began their meeting on Monday, December 8, 2003, in the Commissioners Room of the Courthouse Annex in Paris, Idaho, beginning at 9:00 A.M. Members of the Board, Dwight L. Cochran, Chairman of the Board, Don C. Clark, Conrad E. Michaelson and Joan P. Eborn, Clerk of the Board were in attendance. Monte Transtrum, Road & Bridge Supervisor and Rosa Moosman, Editor for the News-Examiner also attended the meeting. Commissioner Clark offered the opening prayer. Chairman Cochran called the meeting to order to conduct county business as follows:

PREVIOUS MINUTES APPROVED - Commissioner Clark made a motion, seconded by Commissioner Michaelson to approve the minutes of the regular meeting held on November 10th, a public hearing on November 21st, at the Georgetown City Hall and a Board of Equalization Meeting held on November 24, 2003 as presented by Clerk Eborn. Motion unanimously carried.

GARBAGE COLLECTION LETTER - Clerk Eborn informed the Commission, Lyman Kunz had additional signed petitions stating it was not right to charge him garbage fees if he did not receive the service and he was requesting a letter from them stating their position. As such, the Commissioners authorized Clerk Eborn to write the letter to him stating their position, that the County must maintain a landfill and a fleet of garbage trucks, therefore he must pay the fee as applied and that it would not be removed or cancelled. Commissioner Michaelson offered to help with the wording of the letter.

Justin Kelsey joined the meeting in progress.

EXECUTIVE SESSION - Commissioner Michaelson made a motion, seconded by Commissioner Clark to recess the regular meeting and to convene as an executive session as provided in Idaho Code 67-2345 (b), to consider the evaluation, dismissal or disciplining of an employee. A roll call vote was taken with Commissioners Michaelson, Clark and Chairman Cochran all voting yes.

At the conclusion of the executive session, Commissioner Clark made a motion to adjourn the executive session and reconvene the regular meeting. Commissioner Michaelson seconded the motion. A roll call vote was taken with Commissioners Clark, Michaelson, and Chairman Cochran all voting yes.

GARBAGE FEES - Dave Horsley, representing Bear Cave LLC and Bear Cave General Store asked the Commissioners to reduce the garbage fee applied to his tax notice. The business is only open three months of the year. Since there are no longer restrooms and garbage cans at North Beach, people using the beach bring their garbage to his place. He asked to have only one dumpster located on his property and for it to be picked up twice a week during the summer months. The Commissioners will discuss their policy and let him know of their decision.

BEAR RIVER HERITAGE – REQUEST FOR FUNDING - Peg Richards, Executive Director of the Oregon Trail Museum, Judy Holbrook, Bear Lake Convention and Visitors Bureau, Cindy Hall, Elaine Thatcher, Paul Underwood and Scott Olsen, who arrived later during the meeting asked the Commissioners to release $5,000 of the money set aside for the Oregon Trail Museum. The money would be used for printing and mailing brochures and for advertising purposes. They are planning to ask the City of Montpelier for funding as well. They presented copies of the brochures and a booklet containing information about Heritage Sites, Experiences, Products, Lodging and Food areas within the Bear River Basin of Northern Utah and Southern Idaho. Their request was taken under consideration until the Commissioners can determine who else might be asking for funding. They also presented and discussed proposed legislation to establish the National Bear River Heritage Area in the States of Idaho and Utah and for other purposes, indicating they want the Commissioners to be aware of the actual legislation and to support the bill, which will be submitted to Congress. They are putting together a packet for Senator Craig detailing their effort towards historic preservation and a management plan.

Roy Bunderson, local resident and Allen Harrison and Mitch Poulsen, from the Bear Lake Regional Commission joined the meeting in progress.

LANDFILL – CASCADE EARTH SCIENCES - Rich Gallucci, Cascade Earth Sciences reported there are no major issues at the landfill, but they have nothing to compare to. They have tried to get a sample from one of the wells, but can’t get the pump down the 270-foot casing due to the condition of the ground. That well can’t be fixed. The pump has been removed and Tom Mullican of DEQ wants the county to drill another up gradient well. The anticipated cost to drill another well would be $54,801. Gallucci also asked the Commissioners to approve and sign CES’s Proposal for 2004 Groundwater Monitoring Services at the Bear Lake County Landfill near Montpelier at a cost of $25,203.24 for four samplings a year. Commissioner Michaelson asked Gallucci to contact DEQ asking that the county be on a twice a year sampling schedule rather than four. Later, Gallucci returned to the meeting reporting DEQ had approved the twice a year sampling schedule making the proposal valid until 2005.

AMBULANCE BID - Rhett Phelps, President and Richard Gleed joined the meeting in progress as the bid for a new ambulance was opened at 11:00 a.m., as previously advertised. Only one bid was received from Professional Sales and Service for one 2004 Horton 364 Type-1 Walk-through Ambulance in the amount of $108,000. No bid bond accompanied the bid as required. However, Attorney Helm said the Commissioners could waive the bid bond deposit. Professional Sales and Service, L.C, also proposed the option of a Motorola MCS 2000 Radio with EMS (rear) Package (installed) for $3,275.00, making the total price $111,275. Commissioner Michaelson made a motion, seconded by Commissioner Clark to accept the bid from Professional Sales and Service waiving the bond deposit at that time, but requiring a bond deposit prior to ordering the unit. Commissioner Clark, seconded the motion. Motion was unanimous.

Richard Gleed also informed the Commissioners the EMT’s want to add one more bay and a training room to their present facility. Costs for a 24 X 48, 2-level structure is estimated between $185,000 to $200,000. They plan to apply for a Community Development Block Grant to help with the costs. County funding sources were briefly discussed.

SPECIAL USE PERMIT - Mitch Poulsen, representing Planning and Zoning informed the Commissioners Planning and Zoning recommends the County grant a Special Use Permit to Sea West Wind Power, Inc. for a temporary 160-foot Meteorological Tower to determine the feasibility of a wind generating tower in the Pegram area. Commissioner Michaelson made a motion, seconded by Commissioner Clark to approve the Special use Permit as requested. Motion unanimously carried.

PLANNING AND ZONING COUNCIL - Mitch Poulsen said after visiting with the Clerk’s Office it was determined there is no funding budgeted for outside legal council as such, the Attorney from Malad would not be hired. Attorney Helm again expressed his thoughts that any legal council for Planning and Zoning should come from local sources.

CHAMBER OF COMMERCE - Teri Eynon, Clair Cheirett, and Scott Crane, representing the Greater Bear Lake valley Chamber of Commerce met with the Commissioners asking the county to budget $10,000 in fiscal year 2005 to be used as matching funds for an Idaho Department of Parks and Recreation Grant they are applying for. The grant will be used to build a tourist information center, with handicapped accessible bathrooms. Their intent is to get the tourists to stop in the valley to help the economy here. The center would be located on the King’s Parking Lot adjacent to Home Improvements. Her request was taken under advisement.

FAIR BOARD APPOINTMENTS AND RELEASES - Commissioner Clark made a motion, seconded by Commissioner Michaelson to release with a vote of thanks Kerry Romrell and Annette Solum as Fair Board Members and to appoint Leslie Spencer and Bruce Bingham as new members on the Fair Board for a term of three years effective immediately. Motion unanimously carried. Commissioner Clark also wanted a letter to thanks written to Heather Dirham who has been the secretary for several years. Shannan Keller will become the new secretary.

HOSPITAL BOARD APPOINTMENTS - Commissioner Michaelson made a motion, seconded by Commissioner Clark to release Carolyn Hillier from the Hospital Board with a vote of thanks and to appoint John Hurren as a new board member and to appoint Maxine Matthews as an ex-officio member effective immediately and for a term of three years. Motion unanimously carried.

GARBAGE FEES - Due to the fact that the Commissioners are facing so many requests for changes to the garbage fees applied to the tax notices for both businesses and residences they agreed to hold a meeting as soon as possible to make decisions and set policies.

EXTENSION SERVICES - Dr. Jim Schaffer, Extension Supervisor in the Eastern Idaho Area and Sharlene Woffinden, Home Extension Agent informed the Commissioners about budget constraints they have been dealing with. He said many of the state employees were offered early retirement and vacancies were not being filled therefore some agents are required to cover multiple counties. The Commissioners expressed thanks for all the agents do in the county. They discussed the 4-H programs indicating they have a positive impact on kid’s lives. They indicated they may need to hire someone next spring to do more in that area.

The prolonged drought was discussed and information that will be available to the public in the near future to conserve and use water more efficiently and the best way to apply the water to crops and lawns. The information will be beneficial to everyone. They discussed irrigation monitoring sensors in the ground that can detect when to move the watering lines.

The meeting recessed for lunch reconvening at 1:30 p.m., to continue with county business as follows:

ORDINANCE ADOPTED FOR REGULATING THE CONSUMPTION OF BEER, WINE AND OTHER ALCOHOLIC BEVERAGES IN THE COUNTY - After reviewing Ordinance #2004-01, for regulating beer/wine and other alcoholic beverages in the county prepared by Attorney Helm, Commissioner Michaelson made a motion, seconded by Commissioner Clark to adopt the emergency ordinance effective upon publication. Motion unanimously carried.

AN ORINANCE LICENSING AND REGULATING THE CONSUMPTION, DISTRIBUTION AND SELL OF BEER, WINE AND OTHER ALCOHOLIC BEVERAGES IN THE COUNTY OF BEAR LAKE, AND DECLARING AN EMERGENCY FOR ADOPTION.

Section 1. Definitions

a. Beer, wine and other alcoholic beverages in addition to the common definition associated therewith, includes all such beverages now regulated or which are hereinafter regulated by the State of Idaho and the applicable definitions of those beverages under Idaho Law.

b. County shall include all unincorporated areas of Bear Lake County.

Section 2. License. No person shall within the unincorporated area of Bear Lake County distribute or sell beer, wine or other alcoholic beverages without first obtaining an annual license from the County of Bear Lake.

Section 3. License Requirements. Prior to any license for distributing and selling beer, wine or other alcoholic beverages being approved and issued by the County, the applicant must have qualified and obtained a similar license from the State of Idaho.

Section 4. Revocation or limitations. Any revocations or special conditions placed by the State on the license are adopted by the County as a revocation and condition of the County license.

Section 5. License Fee. Prior to issuing a license for sell or distribution of beer, wine or other alcoholic beverages, the applicant shall pay a license fee to the County which, shall be set by resolution of the County Commissioners, and in the absence thereof, shall be not less than the maximum allowable fee under State Law.

Section 6. State laws adopted. All applicable statutes, rules and regulations of the State controlling, limiting, or qualifying the licensing, use distribution, or sell of beer, wine or other alcoholic beverages is adopted by the County subject to such additional prohibited acts or conduct as may be adopted by the County.

Section 7. Hours for on premise consumption. No person shall remain on any licensed premise for on premise consumption of beer, wine or other alcoholic beverages more than 30 minutes after the time for lawful distribution or sell of beer, wine and other alcoholic beverages has expired, except for owners, managers, or employees who are reasonably required to clean up and close the premises.

Section 8. Possession. No person shall consume or have in his possession any unsealed or opened container of beer, wine or other alcoholic beverages while operating or riding in a motor vehicle upon any street or premises open to the general public in the county. No person shall consume or have in his possession any unsealed or opened container of beer, wine or other alcoholic beverages at Bear Lake County Fair Grounds and Allinger park, and other public facilities operated or owned by the County of Bear Lake, unless the premise has a license for on premise consumption of beer, wine and other alcoholic beverages.

Section 9. Application for Special Use Permit. Upon written application, the County Commissioners may grant a special permit for consumption of beer, wine or other alcoholic beverages on specific public facilities. The application shall identify the public premises or facilities, the time and the persons consuming beer, wine or other alcoholic beverages and the persons responsible to the county.

Section 10. Penalty. Any person violating this ordinance shall be guilty of misdemeanor for each day said person shall remain in violation of this ordinance.

Section 11. An emergency is declared for general public safety and the reading of the ordinance on three (3) different days is hereby waived and this ordinance shall be in full force and effect from and after its passage, approval, and publication.

ADOPTED AND APPROVED THIS 8TH DAY OF DECEMBER, 2003.

BOARD OF BEAR LAKE COUNTY COMMISSIONERS

/s/ DWIGHT L. COCHRAN_______

DWIGHT L. COCHRAN, Chairman

/s/ DON C. CLARK______________

DON C. CLARK

/s/ CONRAD MICHAELSON______

CONRAD MICHAELSON

ATTEST: JOAN P. EBORN_______

JOAN P. EBORN, Clerk

Judge Lynn Brower joined the meeting in progress.

EXECUTIVE SESSION - Commissioner Michaelson made a motion, seconded by Commissioner Clark to recess the regular meeting and to convene into an executive session in accordance with Idaho Code 67-2345(b) to review applications for Misdemeanor Adult and Juvenile Probation Officer. A roll call vote was taken with Commissioners Michaelson and Clark and Chairman Cochran all voting yes. Motion unanimously carried.

At the conclusion of the executive session, Commissioner Clark made a motion seconded by Commissioner Michaelson to adjourn the executive session to reconvene the regular meeting to continue with county business. A roll call vote was taken with Commissioners Clark and Michaelson and Chairman Cochran all voting yes. Motion unanimously carried.

COUNTY AUDIT - Pursuant to Idaho Code 67-405B, Gary Tuescher, CPA and Jerry Nelson presented and reviewed the county financial audit for fiscal year 2003. Tuescher said the county’s financial records reflect condition of the county. They were required to improve the airport. The requirement to set aside funding for closure of the landfill was discussed and it was noted an additional $41,316 must be available once closure of the landfill becomes necessary. The possibility of broadening the scope of the audit to include monies transferred to the fair board, ambulance fees transferred to the EMT’s and airport monies may be considered in future audits.

The legality of a five-year lease/purchase agreement with Caterpillar financing was also discussed.

LEGISLATIVE BUY-OUT - Wendell Johnson met with the Commissioners voicing concern about the federal government trying to buy out livestock grazing interests in the National Forest. He felt it would destroy small communities and wanted the Commissioners to do whatsoever they could if anything to stop them. He suggested Joel Packham be contacted to set up a meeting and then respond. He’s been told the majority of permittees are in favor or the buy out, which amounts to $175 per animal per month.

SEARCH AND RESCUE - Bob Martin and Terry Smith met with the Commissioners asking for the Sheriff’s vehicle that will no longer be used by that department. Smith said all the vehicles Search and Rescue have are titled in the county’s name and insured by the county. This vehicle could just be transferred to them. The Commissioners agreed to consider their request.

Doug Taylor joined the meeting in progress.

CONCERNED CITIZEN - Roy Bunderson expressed his distrust of government and asked the Commissioners to make the solid waste fees more inclusive, to reconsider the exemptions and to also abandon the procedure they have of maintaining and plowing private driveways as private contractors shouldn’t have to compete with the county. Commissioner Clark said the county certainly doesn’t want to hurt private contractors, but where the County has provided this service for years it is a problem. Bunderson also offered to help the Liberty Cemetery District pursue to drill a well for irrigation purposes with the Department of Idaho Water Resources.

RED PINE CANYON ROAD - Based upon the results of a public hearing held on November 21, 2003 at the Georgetown City Hall, whereby Martin Mast through his Attorney Paul E. D’Amours had asked the county to close the Red Pine Canyon Road. Commissioner Michaelson made a motion, seconded by Commissioner Clark to leave the road open for public use. Motion unanimously carried. As to the declaration of the county road procedure, Attorney Helm will research the law and advise the Commissioners of what is required in their January meeting.

TREES AT THE SHERIFF’S OFFICE - Commissioner Michaelson made a motion, seconded by Commissioner Clark to remove the trees at the Sheriff’s Office in Paris. Motion unanimously carried.

WARRANT CANCELLED - Commissioner Michaelson made a motion, seconded by Commissioner Clark to cancel a Current Expense Warrant #30300 in the amount of $24.95, which had been issued for a magazine subscription no longer in print. Motion unanimously carried.

TRANSLATOR DISTRICT - The Commissioners discussed the poor reception some people are receiving in the valley and it was generally thought another translator to serve the west side of the valley should be considered. It was also thought our local translator district should discontinue payment for translator signals from Rich County.

HIPPA - The Health Insurance Portability and Accountability Act was discussed in regards to the County’s Buy-Down Deductible Major Medical Insurance Policy and the requirement to appoint a HIPPA Compliance Officer. Clerk Eborn said representatives from Blue Cross of Idaho will be meeting with her in the near future and she will report the outcome of that meeting to the Commissioners in January.

ADULT AND JUVENILE PROBATION OFFICER - Commissioner Michaelson made a motion, seconded by Commissioner Clark to hire Ron Harper as the Adult and Juvenile Probation Officer effective December 15, 2003. Motion unanimously carried. Clerk Eborn was authorized to contact Mr. Harper.

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

CURRENT EXPENSE $161,872.14

ROAD & BRIDGE 108,061.37

AMBULANCE 5,416.09

DISTRICT COURT 13,788.62

FAIR 344.00

JUVENILE JUSTICE 3,152.69

DISTRICT HEALTH $ 10,937.07

CHARITY 2,558.40

911 186.65

REVALUATION 11,207.62

SOLID WASTE 35,116.25

TORT 324.09

WEED CONTROL 12,485.08

SNOWMOBILE 9,565.83

WATERWAYS 1,007.23

AIRPORT 1,492.99

RANGE IMPROVEMENT 91.58

TOTAL $377,607.70

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

/s/ DWIGHT L. COCHRAN_______

DWIGHT L. COCHRAN, Chairman

ATTEST: JOAN P. EBORN__________

JOAN P. EBORN, Clerk

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12/1/03 - Commissioners Meeting

The Board of Bear Lake County Commissioners, consisting of Dwight L. Cochran, Chairman of the Board, Don C. Clark, Conrad E. Michaelson and Joan P. Eborn, Clerk of the Board began meeting on Monday, December 1, 2003, at 1:00 P.M., in the Commissioners Room of the Courthouse Annex in Paris, Idaho, to interview applicants for the Adult and Juvenile Probation Officer. Judge Brower, Ardee Helm, Prosecuting Attorney, Brent Bunn, Sheriff and Bill Lasley, Juvenile Probation District Liaison also attended the interviews.

Chairman Cochran called the meeting to order. Twelve individuals were interviewed. The decision to hire one of them will be made during the Commissioners regular meeting scheduled for December 8, 2003.

Meeting adjourned at 5:00 p.m.

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