12/14/09 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on December 14, 2009, 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.

Roger Jones, Prosecuting Attorney, Brent Bunn, Sheriff, Rodney Wallentine, Treasurer, Lynn Lewis, Assessor, Rosa Moosman, Editor of the News-Examiner, Greg Skinner and Bill Stock also attended the meeting.

AGENDA APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the agenda. Motion carried.

MINUTES APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the minutes of the November 9, 2009 regular meeting. Motion carried.

ELECTED OFFICIALS
Treasurer Wallentine presented tax cancellations, which were due to assessment errors. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the cancellations. Motion carried. Sheriff Bunn presented his monthly report. He noted that there were 12 prisoners in jail today. He informed the Commissioners of a new Federal law called the Prison Rape Elimination Act (PREA), which had the potential to be very costly to small Counties.

COMMITTEE ASSIGNMENTS
Commissioners discussed an upcoming Bear Lake Regional Commission meeting and a RC&D meeting recently held in Logan.

DISTRICT HEALTH QUARTERLY REPORT
Alan Eborn reported on the H1N1 flu vaccination POD, which was recently held. He expressed appreciation for the volunteers who helped. Leslie Talbot and Tiffany Preston presented the Quarterly report for the County Health Department. They reported that there is plenty of H1N1 vaccine available at this time.

ROAD ISSUES
The Commissioners discussed several road issues. The Commissioners looked at a 1910 map of Fossil Canyon Road, which proved somewhat conclusively that the road is an RS2477 road and should be kept open for Forest access. The Prosecuting Attorney will write another letter to the property owner. They discussed getting updated mapping of the Timberline Road defining the vacated portion. They will get additional information from the Forest Service regarding forest access on a Bennington road.

JUDGE BROWER RETIREMENT
Judge David Nye and Suzanne Johnson met with the Commissioners to discuss the retirement of Magistrate Judge Lynn Brower. The County Magistrate position will be left vacant temporarily due to budget holdbacks. Judge Brower currently spends only a portion of his time working on Bear Lake cases. He will attain senior judge status in three months and will then spend all of his senior judge hours working for Bear Lake. This should give the County about the same amount of coverage we now have. Judge Hart, Senior Judge from Caribou County will handle cases during the three month interim period. It is anticipated that a new Magistrate will be appointed when the economy recovers.

ROAD AND BRIDGE ISSUES
Greg Skinner presented his monthly report. He presented a list of people he will be invoicing for snow plowing on private roads last year. He asked for guidance in deciding when to call out snowplows on weekends. The Commissioners suggested using good judgment rather than having a set policy.

SURPLUS BID OPENINGS
Bids were opened for surplus Road and Bridge property. High bids were as follows:
1990 Chevy pickup Griff Lloyd $ 127.50
1974 Ford pickup Justin Critchlow $ 600.00
1983 Chevy pickup Reed Dayton $ 225.00
Winch truck Griff Lloyd $ 87.50
Tilt Trailer Bryce Boehme $1,289.00
3 V-plows Pacific Recycling $50 per ton

Commissioner Kunz made a motion seconded by Commissioner Romrell to accept the high bids. Motion carried.

SOLID WASTE
Todd Transtrum presented some possible options for a new garbage truck. He noted that the remains of the Butch Cassidy Restaurant will have to be asbestos free to be disposed of in the landfill.

COURTHOUSE OPTIONS
Wayne Davidson presented options for upgrading the Courthouse to address the handicapped accessibility issue. Options include adding an elevator, building an annex and building a new Courthouse. He provided some cost estimates for the various options.

FOREST SERVICE FEE INCREASES
Dennis Duehren and Jared Mattson informed the Commissioners that the Forest Service was going to raise fees for use of guard stations.

BEAR LAKE REGIONAL COMMISSION
Jesse Taylor reported on several activities of the Bear Lake Regional Commission. He recently went to Washington D.C. to seek funding for the Commission and for invasive species control in Bear Lake. He reported on the status of an interlocal agreement for emergency services people in Bear Lake and Rich Counties. He also informed the Commissioners of a Legislative reception he was organizing in Boise for the upcoming Legislative session.

GEORGETOWN CANYON BID OPENINGS
Bids were opened for a project to upgrade roads in Georgetown Canyon. Funding for the project came from stimulus funds obtained by the Forest Service. Bids received were as follows:

Gale Lim Construction $561,756.25
Bryce Boehme Construction $301,702.19
Depacto $552,071.45
Kilroy, LLC $762,607.00
Toomer Construction $390,450.50
Mickelson Construction $687,741.00

Commissioner Romrell made a motion seconded by Commissioner Kunz to accept the apparent low bid of Bryce Boehme Construction subject to engineering review by the Forest Service. Motion carried.

PROBATION ANNUAL REPORT
Ron Harper presented his annual report to the Commissioners. There were 34 Juveniles and 102 adults on probation during the year. Average juvenile age was 15. These numbers were similar to the previous year.

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

REPORT GRAND TOTAL . . . . . 691,525.97 298
TOTAL VOID/CANCEL . . . . . 32,040.30 * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
659,485.67

HOLIDAYS
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve employee Holidays for 2010. Motion carried. Holidays will be the same as the last several years.

TO ALL OFFICIALS, SUPERVISORS AND EMPLOYEES:

COUNTY HOLIDAYS TO BE OBSERVED DURING 2010

DATE CELEBRATION OBSERVED

January 1, 2010 New Year's Day FRI 01/01/10

January 18, 2010 Human Rights Day MON 01/18/10

February 15, 2010 President's Day MON 02/15/10

May 31, 2010 Memorial Day MON 05/31/10

July 4, 2010 Independence Day MON 07/05/10

September 6, 2010 Labor Day MON 09/06/10

October 11, 2010 Columbus Day MON 10/11/10

November 11, 2010 Veteran's Day THUR 11/11/10

November 25, 2010 Thanksgiving Day THUR 11/25/10

November 26, 2010 Day after Thanksgiving FRI 11/26/10

December 24, 2010 Christmas Eve Day THUR 12/23/10
or
MON 12/27/10

December 25, 2009 Christmas Day FRI 12/24/10

COMMISSIONERS ACTION TAKEN AT THE REGULAR MEETING HELD 12/14/09.

RURAL CONSERVATION SUBDIVISION ORDINANCE #2010-01
The Commissioners discussed the Rural Conservation Subdivision Ordinance. The Commissioners have the option of approving as is, approving with changes, holding their own public hearing or remanding back to Planning and Zoning. Rick Fawcett explained how the decision process would work and answered questions about the Ordinance. The objective of the Ordinance is to allow some development on AG40 land while clustering housing and preserving open space. Following the discussion, Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the Ordinance with 70% open space and 30% development with the option of going to 50-50 if granted a variance by the County Commissioners. Motion carried.

Bear Lake County
ORDINANCE #2010-01

Rural Conservation Subdivision Ordinance
As Adopted by the County Commission on December 14, 2009

(See Ordinance Book for Ordinance)

VESSEL FUND RESOLUTION #2010-02
Commissioner Kunz made a motion seconded by Commissioner Romrell to adopt Resolution #2010-02 regarding holdover vessel funds. Motion carried.

RESOLUTION #2010-02

RESOLUTION DESIGNATING HOLD OVER COUNTY VESSEL FUNDS FOR SPECIFIC PURPOSES

WHEREAS, the County Vessel Fund has hold over funds from fiscal year 2009; and

WHEREAS, the Department of Parks and Recreation asks for hold over funds to be designated for specific purposes;

THEREFORE, BE IT RESOLVED, The Bear Lake Board of County Commissioners designate hold over funds to provide for added personnel needed to enhance enforcement of sticker sales of the required invasive species stickers and any left over funds will be used to purchase dock parts of ongoing repairs.

Adopted this 14th day of December, 2009.

HOSPITAL BOARD APPOINTMENTS
The Commissioners addressed two vacancies on the Hospital Board. The terms of John Hurren and Lila Rigby had expired. Mrs. Rigby had asked not to be reappointed. Commissioner Romrell made a motion seconded by Commissioner Kunz to reappoint John Hurren. Motion carried. After discussion, Commissioner Kunz made a motion seconded by Commissioner Romrell to appoint Laurie Harrison to the Board. Motion carried.

PROCUREMENT PROCEDURES
Roy Bunderson expressed concern regarding the lack of bids for recent work done on the Allred Center and the purchase of a Sheriff's vehicle. Although these purchases were under the $25,000 limit set by the State for bidding, he felt it would be advantageous for the County to have a policy to bid these smaller amounts.

EXECUTIVE SESSION
Commissioner Kunz made a motion seconded by Commissioner Romrell to convene in executive session per Idaho Code 67-2345(b and f) to discuss personnel and legal issues. All Commissioners voted yes in a roll call vote.

PICTOMETRY
Todd Carruthers, Pictometry International, and Lynn Lewis and Lori Haddock, Assessor's Office, presented further information on the Pictometry Program. The program would cost about $81,000 each time the County was flown. This would be billable over a 2 or 3 year period depending on how often we re-flew the County. The savings to the Assessor's Office is estimated to be one full-time employee. The program would also have uses for emergency services personnel, Planning and Zoning and others.

BOARD OF EQUALIZATION
Commissioner Kunz made a motion to convene as a Board of Equalization to consider the sub roll. James Peters protested the occupancy date of his house. The Commissioners agreed to move the date ahead 1 month. Commissioner Kunz made a motion seconded by Commissioner Romrell to accept the sub roll. Motion carried.

CORONER APPOINTMENT
Dennis Turner, Chairman of the County Republican Central Committee, presented two candidates that had been recommended by the committee to be considered for appointment of County Coroner to replace retiring Coroner, Leonard Matthews. The candidates were David Mathews and Lee Nelson. Each candidate was given the opportunity to give a short speech on his qualifications. Following the speeches, Commissioners Rasmussen and Romrell voted for Mr. Matthews and Commissioner Kunz voted for Mr. Nelson. Following the vote, Clerk Kerry Haddock administered the Oath of Office to Mr. David Mathews who will begin his duties as Coroner January 1, 2010. The Office will be up for election in 2010.

DINGLE CULVERT
Evan Skinner presented further information on a culvert problem in Dingle. He noted that the culvert was a private ditch rather than part of the Ditch Company. Commissioner Romrell and Mr. Skinner will ask the Soil Conservation Service if they can assist with the problem.

WHISPER MOUNTAIN CONTRACT
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve a contract with Whisper Mountain to provide assistance in developing a Flood Plain Ordinance and provide other services for the County as needed. Motion carried.

ROAD RECLASSIFICATION RESOLUTION #2010-03
Montpelier Mayor Reed Peterson, Amy Bishop and Don Toomer asked the Commissioners to approve a road reclassification to Major Collectors for parts of 8th Street and Clay Street from 4th to 8th Streets. The reclass was needed to apply for grants to improve the Roads. Commissioner Romrell made a motion seconded by Commissioner Kunz to adopt Resolution 2010-3 approving the Streets as "Major Collectors." Motion carried.

RESOLUTION #2010-3

RESOLUTION TO APPROVE CITY OF MONTPELIER
ROAD RECLASSIFICATION

WHEREAS, the City of Montpelier wishes to reclassify certain roads in the City limits; and

WHEREAS, Bear Lake County supports the desire of the City;

THEREFORE, BE IT RESOLVED, The Bear Lake Board of County Commissioners approve the reclassification of Clay Street from 4th to 8th Street and 8th Street from Washington North to the City limits of Montpelier to Minor Collectors.

Adopted this 14th day of December, 2009.

EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz to convene in executive session per Idaho Code 67-2345(b and d) to discuss medical assistance claims and personnel issues. All Commissioners voted yes in a roll call vote.

Following the executive session Commissioner Romrell made a motion seconded by Commissioner Kunz to act on medical indigent claims as follows:

Case #2009-06 - Final Denial - Provider withdrew appeal/application; Not medically indigent; Not last resource; Application is incomplete; Applicant didn't cooperate with County.
Case #2009-29 - Approve - Medically indigent; Medically necessary; Obligated County; Emergency Need; Last resource.
Case #2009-30 - Denied - Not medically necessary - insufficient information provided; Not the last resource.

BONNEVILLE COLLECTIONS CONTRACT
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve and sign a contract with Bonneville Collections to collect indigent reimbursements. Motion carried.

Meeting adjourned subject to recall by the Chairman of the Board or his order.
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12/14/09 Special Public Meeting Notice:

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

9:15 A.M. COMMITTEE ASSIGNMENTS

9:30 A.M. LESLIE TALBOT & TIFFANY PRESTON - Southeastern District Health Department - Quarterly Report

9:45 A.M. SUZANNE JOHNSON & JUDGE NYE - Magistrate Position

10:00 A.M. GREG SKINNER & TODD TRANSTRUM - Road & Bridge/Solid Waste Issues

10:15 A.M. SURPLUS BID OPENINGS

10:30 A.M. MARY KAUFFMAN, US Forest Service - Phospate CERCLA on Smokey Canyon Mine

10:40 A.M. DENNIS DUEHREN & JARED MATTSON, Forest Service - Guard Station Fee Increase

10:45 A.M. JESSE TAYLOR - Regional Commission

11:00 A.M. GEORGETOWN CANYON PROJECT BID OPENING

11:15 A.M. RON HARPER - Juvenile Justice Annual Report

11:30 A.M. WAYNE DAVIDSON - Building Update

11:45 A.M. ROY BUNDERSON - Procurement Practice & Procedures

12:00 P.M. PUBLIC COMMENTS

12:15 P.M. LUNCH

1:00 P.M. LYNN LEWIS - Pictometry Presentation

1:15 P.M. " "

1:30 P.M. BOARD OF EQUALIZATION

1:40 P.M. CORONER APPOINTMENT

1:45 P.M. EVAN SKINNER - Dingle Culvert

2:00 P.M. PLANNING AND ZONING ORDINANCE CHANGES

2:15 P.M. " "

2:30 P.M. Whisper Mountain Contract/Flood Plain Ordinance

2:45 P.M. REED PETERSON & AMY BISHOP - Road Reclassification

3:00 P.M. EXECUTIVE SESSION - Medical Assistance Claims, Personnel Issues

3:30 P.M. EXECUTIVE SESSION - MEDICALLY INDIGENT HEARING

3:45 P.M. " "

4:00 P.M. " "

4:15 P.M. " "

4:30 P.M. " "

4:45 P.M. " "

UNFINISHED BUSINESS
Road & Bridge Issues/Solid Waste Issues

Road Issues - Fossil Canyon, Timberline Road, Bennington

NEW BUSINESS
Approve November's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims

2010 County Employee Holidays

Bonneville Collections Agreement

Vessel Resolution

Hospital Board Appointments
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