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12/13/04 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, December 13, 2004, at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present: Dwight L. Cochran, Conrad Michaelson, Joan P. Eborn, Clerk and Colleen Kelsey, Deputy Clerk. Chairman Don C. Clark was excused due to an out of town Doctor's Appointment.

Greg Skinner, Road Supervisor, Vaughn Rasmussen, Commissioner Elect, Todd Transtrum, Weed Supervisor, Bill Stock and Paul Underwood.

Commissioner Michaelson offered the opening prayer.

Commissioner Cochran, acting as Chairman called the meeting to order to consider the following items of business:

Sixth Judicial District Administrative Judge Randy Smith, Sixth Judicial Court Trial Administrator Suzanne Johnson, Sixth Judicial District Judge Don Harding, and Sixth Judicial District Magistrate Judge Lynn Brower met to introduce themselves and ask if there were any questions they could answer, or assist with.

Judge Harding told the Commissioners how instrumental Judge Smith has been in mediating the cases and trying to resolve them, saving counties money.

Judge Smith expressed his appreciation for Judge Brower, as well as the other Magistrate Judges in the Sixth Judicial District for sharing the responsibility by going to Bannock County a couple days a week to assist with court cases, where the case load is much larger.

They discussed the Public Defender's contract and how the caseload has risen as a result of the new guidelines in wage qualification. It was noted that $57,000 was spent out of the county's budget last year for the public defender. Clerk Eborn was asked to look up the actual cost and report back to them. Judge Harding requested that all public defender conflict be reviewed by him before they are paid out of the District Court Fund.

Clerk Eborn was excused from the meeting to take care of some family business. Deputy Clerk Colleen Kelsey filled in.

Brent Bunn, Sheriff, presented his department's report of activity for the month of November 2004.

Lyman Kunz, resident spoke with the Commissioners about paying his garbage fee under protest. He still feels his is not being treated fairly as he does not use this service. Commissioner Michaelson informed Mr. Kunz that he may apply for a Hardship Exemption and that they would take his request under advisement.

Rosa Moosman, Editor for the News-Examiner asked the Commissioners that the county fax a copy of the various county Commissioner meeting notices, agendas and minutes of the meetings to her. She also asked to leave a recorder with the Clerk to record the meetings when she is not present and if she could be allowed to attend executive sessions if she did not interject comments or use information for the news.

Commissioner Michaelson noted they would take her requests under advisement to review with the county attorney as he was not present for counsel.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve the minutes as presented by Clerk Eborn, for the regular meeting held on November 8, 2004, County Fair Budget Review held November 17, 2004 and the November 22, 2004 minutes held for the Board of Equalization meeting, review of the Courthouse Windows Estimates, Veteran's Service Officer, Building Administrator, Special Use Permit for David Lui Campground and the Canyon Estates/The Point at Canyon Estates Subdivision Roads, with correction of a duplication of paragraph 1 on the 3rd page. Motion was unanimous.

Greg Skinner, Road & Bridge/Solid Waste Supervisor commented that the new garbage truck would be delivered in February or March. They have most of the containers ready to be distributed.

Commissioner Michaelson asked Supervisor Skinner to make sure the lids are fitting properly and if not to replace them. He also suggested that the county appoint a committee to look into a better garbage system, as there are so many problems occurring in the county.

The Commissioners discussed the letter from Utah Power/Pacificorp stating that they are not accepting conditions of the 1986 flood event as the criteria to set the bridge elevation and want the lowest elevation of the existing bridge structure matched. However, the water would overtop the existing canal bank at this elevation. In order to meet this requirement, the proposed single span structure would have to be raised an additional 3.61 feet, resulting in a new road profile that is approximately 6.24 feet higher than the existing road profile. This will cause several problems related to sight distances, roadway approaches, right-of-way, etc. ITD suggested the county make a plea with Utah Power to use the 1986 Flood Event as the criteria, and if not successful, base the elevation on the existing structure and change to the two span bridge option with center pier in the canal.

After a brief discussion, Commissioner Elect Vaughn Rasmussen told the Commissioners he would contact Mr. Baldwin at Utah Power/Pacificorp for more information and possible resolution.

Mitch Poulsen, Planning and Zoning Administrator presented the Commissioners with a recommendation from the Planning and Zoning Board for Special Use Permit's for Mark Patterson's Hog Farm to be located in the Wardboro area and for Mark Johnson's Bear Hollow Development, southeast of Montpelier. Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve the Special Use Permit for Mark Patterson's Hog Farm as recommended by Planning and Zoning with the following conditions:

  1. Use common access off Highway 30 next to the power line then north.
  2. Manage the manure to prevent excessive odor issues.
  3. Work with the neighbors on future odor problem.
  4. Construct embankment and fencing between hogs and river (to prevent run off into the river).
  5. Limit number of animals to that stated in the permit (75).
  6. Contain hogs along west corridor (521 feet running north/south).
  7. Address future odor problems.

Motion unanimously carried.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve the special use permit for Mark Johnson's Bear Hollow Subdivision with the following conditions:

  1. First phase of 200 acres with no more than 50 homes.
  2. Transportation impact study per IDOT requirements.
  3. No lot sold until a well is developed with sufficient water for a household.
  4. Roads are to be built to county standards.
  5. Nutrient pathogen study per Dept. of Health.
  6. Storm water management plan completed.
  7. Fire protection plan completed and approved by the state fire marshall.
  8. Approval for phase I only-must return for further approval.
  9. Work with cattleman's association.
  10. No recreational vehicles other than for "during construction housing", for more than 30 days and not to exceed 1 year without written consent of planning and zoning staff.
  11. Seepage tests completed and sewer permit issued.

Upon completion of these conditions they will return to planning and zoning for design review and recommendation to the county Commissioners. Prior to plat approval and recording, a method of security for infrastructure will be secured and engineering review will have been completed.

Motion unanimously carried.

The Commissioners unanimously accepted Ann Massey's letter of resignation from the Planning and Zoning Board, effective December 31, 2004. The Commissioners will appoint someone to the fill the vacancy at their next Commissioners Meeting in January.

Olean Parker met with the Commissioners to discuss airport issues he feels are of concern. Olean requested the monthly reports from the airport board meetings be sent to him. He made comment of the following to the Commissioners: that 4 lights on the airport runway had been stolen; the FAA will stand all costs for any projects to the airport for the next four years and currently have projects in mind; the self-serve pump is not paying for itself; the Unicom radio was taken off of the air and the application to put it back in service was denied; He thinks it's a waste of time to repair the twin hangar doors at the airport, as they are v-shaped and collect snow and ice, and that they should instead install new doors; Ladder is almost finished to go up the beacon tower, but Ed Jensen will need help to install it; discussed nonattendance of board members at board meetings.

Commissioner Michaelson noted that he had not heard from the Idaho Transportation Department regarding the costs for the flashing lights and signs in the school zones in the county and would contact them again for the information.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to accept the quote from EZ 2 Plez Carpets for replacing the carpet at the Health Department in the Reception and main office area and clinic rooms for a price of $3,035.25. Motion was unanimous.

The Commissioners unanimously agreed, as no one else applied for the position, to set time on the next Commissioners meeting, held January 10, 2004 starting at 2:00 p.m. for interviews. A decision will be made at that time.

The Commissioners reviewed a letter from Randy Erickson, Chairman for the Fish Haven Sewer District stating that the manholes have been covered over during the time when the county road and bridge was hauling gravel to lift the road (Lakehills Drive) in the Lake View Subdivision, thus causing gas build ups and problems. Mr. Erickson also noted that a manhole was broken over a year ago, possibly by a county snowplow, allowing dirt to collect inside.

Road Supervisor Skinner said he did not think the manhole was broken by one of the county snowplows as they do not plow in that area. He said that the county has responded to their request and uncovered the manholes and suggested the county work together with the Sewer District to correct this problem in the future.

Mitch Poulsen, noted that as a board member he is moving towards working on a solution to this problem and maybe moving the manholes out of the middle of the road, but there is no easy solution.

The Commissioners decided to take under advisement the garbage exemption requests for Hal Robinson and Keith Wixom. Commissioner Michaelson said he would like to appoint a committee to review the garbage situation throughout the county before any decisions would be made.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve County Holidays to be observed during the year 2005 for County Employees as follows:


January 1, 2005 New Year's Day FRI 12/31/04

January 17, 2005 Human Rights Day MON 01/17/05

February 21, 2005 President's Day MON 02/21/05

May 30, 2005 Memorial Day MON 05/30/05

July 4, 2005 Independence Day MON 07/04/05

July 24, 2005 Pioneer Day MON 07/25/05

September 5, 2005 Labor Day MON 09/05/05

October 10, 2005 Columbus Day MON 10/10/05

November 11, 2005 Veteran's Day FRI 11/11/05

November 24, 2005 Thanksgiving Day THUR 11/24/05

December 23, 2005 Christmas Eve Day FRI 12/23/05
TUES 12/27/05

December 25, 2005 Christmas Day MON 12/26/05

Clerk of the Board


Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve and sign the Warranty Deed from Bear Lake County to Scot D. Hennings and Lorie Hennings for property sold to them by the county under contract as of January 9, 1989, as their contract has now been fulfilled. Motion was unanimous.

Commissioners approved and signed the annual Road & Street Financial report for FY 2004 prepared by Clerk Eborn.

The Commissioners acted unanimously to adopt Resolution #2005-06 to increase the Snowmobile budget to allow the expenditures of monies received last year for the purchase of a truck in the amount of $45,000.


Pursuant to Idaho Code 31-1605, BE IT HEREBY RESOLVED that the Bear Lake Board of County Commissioners hereby authorize and direct the Bear Lake County Prosecuting Attorney to petition the District Court to open the Fiscal Year 2004-2005 budget to increase the following budget:

SNOWMOBILE - $45,000

/s/ Don C. Clark_______________
DON C. CLARK, Chairman of the
Board of County Commissioners


The Commissioners also acted unanimously to adopt Resolution #2005-07 to increase the Current Expense budget to allow the expenditure of unanticipated revenue in the amount of $25,000 for the Thomas Fork Creek project and to also allow payment due to a judgment of disputed tax to Quest in the amount of $20,351 for a total of $45,351.


Pursuant to Idaho Code 31-1605, BE IT HEREBY RESOLVED that the Bear Lake Board of County Commissioners hereby authorize and direct the Bear Lake County Prosecuting Attorney to petition the District Court to open the Fiscal Year 2004-2005 budget to increase the following budget:



/s/ Don C. Clark_______________
DON C. CLARK, Chairman of the Board of County Commissioners

The Commissioners acted unanimously to cancel the following taxes: 2004 Current Real Tax - $419.64, 2004 Personal Tax - $664.10, 2003 Personal Tax - $504.36.

The Commissioners acted unanimously to cancel the following warrants: Charity - #16-50003 for $338.04, duplicate payment issued; Emergency 911 - #19-40032 for $29.99, duplicate payment issued.

Neil Miller, Idaho Department of Transportation met with the Commissioners to ask for a performance review on himself for ITD District V.

Commissioner Michaelson discussed the changes in the way that the monies have been dispursed to the County, as well as the Local Highway Improvement Fund Application. He noted that they are not easily accessible making it a problem for small counties to comply with the regulations.

Mr. Miller said that he is aware of this and that counties are not the only ones having problems with this. He said that LHTAC is to represent counties, giving them more control over the funding for projects. Projects over $100,000 are hard to get funding for and funding is not available all in the same year. A solution to this problem is to let the money applied for and granted accumulate or move it into one account, thus enabling the counties to do bigger projects.

Mr. Neil noted he would share the comments with Ed Bala, District V Engineer and thanked the Commissioners for their comments and time.

Rob Bundy, Manager, Bear Lake Refuge presented to the Commissioners the partnership project updates. Rob talked about the Rainbow Trail Project (Eco-Tourism Opportunity) and noted that it is 80% completed. They are also working on the Rainbow Wetland Restoration Project (Quality Visitor Services through Quality Habitat), and the St. Charles Creek Restoration Project. Rob discussed the grant funding available and the construction of the project and asked the Commissioners for the county to help with match funding of the grant. Rob discussed the County's contribution options and asked for the Commissioners consideration in the match funding. He noted that the application for the grant would need to be completed by late March.

Steve Wuthrich, Public Defender met with the Commissioners to discuss his previous contract proposal for Public Defender, which originally reflected a $8,000 a year increase, now revised down to $6,000 a year requiring a monthly payment of $2,700 totaling $32,400 per year.

Steve also discussed his office costs and asked to be reimbursed for the office expenses as well.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve the contract for Public Defender as revised, reflecting a $6,000 a year increase, amounting to $32,400 a year retroactive as of September 1, 2004 and to pay all documented office expenses. Motion was unanimous.

The Commissioners agreed to take under advisement the question of when to raise new county employee wages after their probationary period of employment (6 months or 1 year) and the amount to raise ($50.00 or $100.00) in order to keep it uniform throughout all county departments.

The Commissioners unanimously agreed to deny indigent medical assistance applications as follows:

#2004-15 - Applicant not indigent; County to pay $3,598.76 to Portneuf Medical Center.

#2005-01 - Applicant not indigent; County not last resource.

#2005-02 - Applicant is not medically indigent and has assets with net value beyond the amount of the billing. Bear Lake County is not the last resource.

#2005-03 - Applicant withdrew the application.

The Commissioners reviewed and unanimously approved claims as submitted, authorizing Clerk Eborn to make payment as follows:

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


Chairman of the Board

/s/ Joan P. Eborn

Clerk of the Board
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12/13/04 Commissioners Meeting Notice:



9:30 A.M. LYMAN KUNZ - Pay Garbage Fee Under Protest

9:45 A.M. ROSA MOOSMAN - Requesting notice of Various County Board Meeting Dates and Agendas; Publications and Notice
Requirements; Recording of Commissioners Meetings?; Requesting attendance during Executive Sessions.

10:00 A.M.

10:15 A.M. MITCH POULSEN, Planning and Zoning Administrator - Recommendation from Planning and Zoning to approve Conditional Use Permits for Mark Patterson's Hog Farm and Mark Johnson's Bear Hollow Development.

10:30 A.M. OLEAN PARKER - Airport Issues

10:45 A.M.

11:00 A.M. NEIL MILLER, ITD - Performance Review of Board Member

11:15 A.M.

11:30 A.M. ROB BUNDY, Manager BL Refuge - St. Charles Creek Restoration

11:45 A.M. STEVEN WUTHRICH - Public Defender Contract


1:30 P.M.

1:45 P.M.

2:00 P.M.

Approve Minutes of Previous Meetings

Road & Bridge/Solid Waste/Garbage Issues

Bear River Bridge

Review and Approve Claims Submitted

County Employee Holidays for 2005

Sign Annual Road Report

Cancel Warrants: #16-5003 - $338.04 and #19-40032 - $29.99

When to raise wages after probationary period of employment (6 mos/1 year)?

Adopt Resolutions for Snowmobile and Current Expense Budget Increases

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