12/8/08 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on December 8, 2008, beginning at 9:00 A.M. in the School District #33 Board Room in Paris, Idaho. Members present were Vaughn N. Rasmussen, Chairman, Montain D. Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board.

Ardee Helm, Prosecuting Attorney, Brent Bunn, Sheriff, Rodney Wallentine Treasurer, Lynn Lewis, Assessor, Greg Skinner, Road and Bridge Foreman and Rosa Moosman, Editor of the News Examiner also attended the meeting.

AGENDA
Items added to the agenda were a law enforcement interview room and Fossil Canyon discussion. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the agenda as amended. Motion carried.

ELECTED OFFICIALS MEETING
Treasurer Wallentine presented some tax cancellations. Most were due to property purchases by the School District and the Hospital. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the cancellations. Motion carried. Assessor Lynn Lewis reported that the State Tax Commission would be auditing valuations this week. He reported that values had not dropped in the County, but there was very little sales activity. Sheriff Bunn presented his monthly report. He noted that he had changed the report to reflect the number of training hours of the deputies. There were 12 prisoners in the Caribou jail. He reported on a new recording device that had been purchased for dispatch with 911 funds. The State Department of Corrections formed a committee to study regional jail facilities.

SNOWMOBILE PARKING
The County is still working on snowmobile parking at Mill Canyon and North Canyon. Sheriff Bunn indicated that he would like to do more enforcement of Snowmobile regulations.

NEW POWER LINE
Glenn Pond and Rod Fisher, representatives of Rocky Mountain Power, met with the Commissioners to give details of the Gateway West transmission line project. The project is a joint venture with Idaho Power which will go through the County near the location of the current power line. The company is in the process of notifying property owners and doing an environmental impact study. The project could add tax revenue to the County and construction crews might be based in Montpelier.

UNION PACIFIC LEASES
The Commissioners discussed some 25 year right of way leases received from the Union Pacific Railroad. These involved County roads that were on the Railroads track right of way. Representatives of the railroad will be invited to come and discuss these leases at the next Commissioners meeting.

PUBLIC DEFENDER
The District Administrative Judge has asked the Counties in the District to be sure that the Public Defender was contracted in accordance with State Statutes. The Commissioners will discuss this with other Counties at the next 4 County meeting in January.

LANDFILL
Todd Transtrum told the Commissioners that he would like to form a Committee to help formulate a long term plan for the Landfill. He would like to include some City representatives and Citizens from rural areas. The Committee would also probably require some technical assistance. The Commissioners were receptive to the idea. They also discussed a garbage complaint in the Pegram area regarding lack of service of a summer resident. Todd agreed to resolve the issue.

INTERVIEW ROOM
Prosecuting Attorney, Ardee Helm said he would like to build an interview room at the hospital to assist County and City law enforcement. The room would be equipped with video recording equipment. The costs could come from drug fund money. He also informed the Commissioners of a case involving child pornography that might be costly to the County. He could stay on as a special prosecutor so the State would not have to change prosecutors in the middle of the case. It was necessary to purchase a lap top computer to store evidence for the case.

AIRPORT GRANT
The Commissioners discussed a $250,000 Federal Grant application for improvements to the airport runway and a new beacon. The grant would require a 2½% match by the County. Commissioner Romrell made a motion seconded by Commissioner Kunz to submit the application to the FAA. Motion carried.

FOSSIL CANYON ROAD
The Commissioners looked at additional documentation regarding the Fossil Canyon Road. Prosecuting Attorney Helm agreed to write a letter to the land owner instructing him to reopen the County Road.

BOARD OF EQUALIZATION
Commissioner Kunz made a motion seconded by Commissioner Romrell to convene as a Board of Equalization. Motion carried. No one appeared to appeal Occupancy or Sub Roll values. Commissioner Romrell made a motion seconded by Commissioner Kunz to reconvene in regular session. Motion carried.

ROAD AND BRIDGE
Greg Skinner presented his monthly report to the Commissioners. Commissioner Kunz asked about speed limit signs on the Ovid to Bern Road that had the wrong speed limit. Greg reported that the signs were being replaced. He reported that some contractors were not depositing enough money when they disturbed County roads. The Commissioners discussed a complaint of a property owner in Bear Lake West regarding drainage onto his property. A meeting will be arranged with the land owner and the property owners association to discuss the problem. Mr. Skinner gave a report on the status of various sources of gravel available to the County. The Commissioners discussed the need for a policy regarding cell phone use while operating equipment.

PROBATION REPORT
Probation Officer, Ron Harper met with the Commissioners to give his annual report. He reported that there were 38 juveniles and 128 adults that were on probation during the year. Juvenile detention days were down considerably from previous years. He reported that most offenses that resulted in adult probation were alcohol related. The Commissioners also discussed the Juvenile Detention Center expansion. They will further discuss this at the Four County Commissioners meeting in January.

SECURE RURAL SCHOOLS RESOLUTION 2008-11
After receiving some corrected information regarding the Secure Rural Schools payment the Commissioners decided to change the allocation between Title II and Title III funding. Commissioner Romrell made a motion seconded by Commissioner Kunz to rescind and replace Resolution 2008-11 changing the Title II declaration to 15% and the Title III declaration to 0%. Motion carried.

BEFORE THE BOARD OF COMMISSIONERS FOR BEAR LAKE COUNTY

In the Matter of the FFY 2008 )
Elections for National Forest ) RESOLUTION NO. 2008-11
Related Safety-Net Payments ) AS AMMENDED 12-8-2008

RESCINDS AND REPLACES RESOLUTION PASSED ON OCTOBER 29, 2008 BY REASON OF MISINFORMATION

WHEREAS, Congress enacted in 1908 and subsequently amended a law that requires that 25 percent of the revenues derived from National Forest lands be paid to states for use by the counties in which the lands are situated for the benefit of public schools and roads; and

WHEREAS, the principal source of revenues from National Forest lands is from the sale and removal of timber, which has been curtailed in recent years with a corresponding decline in revenues shared with counties; and

WHEREAS, the United States Congress recognized a need to stabilize education and road maintenance funding through predictable payments to the affected counties, and to achieve that goal enacted the Secure Rural Schools and Community Self-Determination Act of 2000, which has been amended and re-authorized for FFY 2008 - 2011 ("SRS2008"); and

WHEREAS, Title I of SRS2008 gives each eligible county the right to elect to receive either its traditional share of revenues from the National Forest lands pursuant to the Act of May 23, 1908 and Section 13 of the Act of March 1, 1911 (the "25-percent payments"), or instead to receive a guaranteed minimum share of the State payment pursuant to Sections 102(a) (1) (B) and 103 (the "full county payment amount"); and

WHEREAS, an election to receive the full county payment amount is effective for all federal fiscal years through FFY 2011, and an election to receive a 25-percent payment is binding for two years; and

WHEREAS, any county electing to receive a full county payment amount that is $100,000 or more must further elect to expend an amount not less than 15 percent nor more than 20 percent of its full county payment amount as project funds; and

WHEREAS, Title I, Section 102(d) of SRS2008 requires that counties electing to receive a full county payment amount of $100,000 or more must allocate its project funds for between projects in accordance with Title II and Title III, and return the balance of project funds unspent under Titles II and III to the Treasury of the United States, and communicate such allocation to the Secretary of the United States Department of Agriculture; and

WHEREAS, Title II provides for special projects on federal lands or that benefit resources on federal lands, which projects are recommended by local resource advisory committees ("RACs"); and

WHEREAS, RACs recommend projects for consideration by the Secretary of Agriculture, with project funding supplied in whole or in part out of monies allocated for such purposes by participating counties; and

WHEREAS, counties that allocate funding to projects under Title II, and are participants in more than one RAC, may further direct that their Title II project funds be divided between different RACs according to an allocation decided by each participating county, with such funds held in the Treasury of the United States under the name of the county with a designation of the amount allocated to each RAC; and

WHEREAS, Title III provides for county projects, some of which are associated with federal lands, with Title III authorizing expenditures for search, rescue and emergency services, fire prevention and planning under the Firewise Communities program, and development of community wildfire protection plans; and

WHEREAS, a county with a full county payment amount of $350,000 or more may not allocate more than 7 percent of its full county payment amount for Title III projects.

NOW, THEREFORE, be it resolved as follows:

1. Bear Lake County hereby elects to receive the guaranteed minimum full county
payment amount pursuant to SRS2008 Sections 102(a) (1) (B) and 103.

2. Bear Lake County has elected to receive a full county payment amount that is $100,000 or more, and hereby allocates 15 percent of its full county payment amount for expenditure on projects under Title II and Title III. Bear Lake County will return none (zero percent) of its full county payment amount to the Treasury of the United States.

3. Of the percent allocated to Title II and Title III projects above in paragraph 2, Bear Lake County further allocates between such Titles for FFY 2008 (for expenditure after FFY 2008) on the following basis: 15 percent of full county payment amount for expenditure on Title II projects and 0 percent of the full county payment amount for expenditure on Title III projects.

ADOPTED this 8th day of December, 2008.

BEAR LAKE COUNTY BOARD OF COMMISSIONERS

VAUGHN N. RASMUSSEN Chair

MONTAIN D. KUNZ

DEMAR ROMRELL

COUNTY HOLIDAYS
The Commissioners addressed employee holidays for the 2009 calendar year. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the same 12 holidays as the current year. Motion carried.

MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the minutes of the November 10, 2008 regular meeting. Motion carried.

BILLS APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the current bills. Commissioners Kunz and Romrell voted to approve. Commissioner Rasmussen abstained as bills from the company he works for were included.

REPORT GRAND TOTAL . . . . . 666,467.87 314
TOTAL VOID/CANCEL . . . . . * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
666,467.87

EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz to convene in an executive session per Idaho Code 67-2345(1) (b) and (d) to discuss medically indigent claims and personnel issues. All commissioners voted yes.

Following the executive session Commissioner Kunz made a motion seconded by Commissioner Romrell to act on the following medically indigent cases:

Case #2008-28 - Approved - Medically Indigent; Medically Necessary; Last Resource; Obligated County; Emergency Need.

Case #2008-29 - Approved - Medically Indigent; Medically Necessary; Last Resource; Obligated County; Emergency Need.

Case #2008-13 - Approved - Medically Indigent; Medically Necessary; Last Resource; Obligated County; Emergency Need.

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

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12/8/08 Commissioners Meeting Notice (to be held in the school administration office in Paris, Idaho):

9:00 A.M. ELECTED OFFICIALS MEETING/APPROVAL OF MINUTES

9:15 A.M. COMMITTEE ASSIGNMENTS

9:30 A.M. GLEN POND - Gateway Power Project

9:45 A.M. UNION PACIFIC RAILROAD LEASES

10:00 A.M. PUBLIC DEFENDER CONTRACT

10:15 A.M. TODD TRANSTRUM - Landfill Planning Committee

10:30 A.M. PEGRAM GARBAGE ISSUE

10:45 AM. AIRPORT GRANT

11:00 A.M.

11:15 A.M.

11:30 A.M. RON HARPER - Annual Probation Report

11:45 A.M. EXECUTIVE SESSION - Medical Assistance Claims/Personnel Issues/Legal Issue

LUNCH

1:00 P.M.

1:15 P.M.

1:30 P.M.

1:45 P.M.

2:00 P.M.

2:15 P.M.

2:30 P.M.

2:45 P.M.

3:00 P.M.

UNFINISHED BUSINESS
Road & Bridge/Solid Waste Issues

Juvenile Detention Center

SRS Resolution Revision

Mill Canyon Snowmobile Parking

Relicted Land Letter

NEW BUSINESS
Approve November's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims/Personnel Issues/Legal Issue

2009 Holidays for County Employees

Junior College Residency Applications

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