JOAN P. EBORN, Clerk
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2/14/05 Commissioners Meeting Minutes:
The Board of Bear Lake County Commissioners met in regular session on Monday, February 14, 2005, beginning at 9:00 A.M., in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present, Dwight L. Cochran, Chairman of the Board, Conrad E. Michaelson, Vaughn Rasmussen and Joan P. Eborn, Clerk of the Board.
Rodney Wallentine, Treasurer, Lynn Lewis, Assessor, Brent Bunn, Sheriff, Greg Skinner, Road & Bridge Supervisor, Rosa Moosman, Editor for the News-Examiner, Bill Stock, Mike Derricott, Paul Underwood, Mike and ReAnn Jensen, Lori Thornock and Kerry Haddock also attended the meeting.
UPCOMING POTENTIAL LAW SUITS
Ardee Helm, Prosecuting Attorney informed the Commissioners A
Special Prosecutor had been appointed for the suit filed against
the Commissioners by the News-Examiner claiming they were in violation
of the open meeting law. He also said he would be representing
them in regards to the lawsuit filed against them by Bryan Brown
concerning a Campground site in the Geneva area, and also that
a hearing is scheduled for February 17, 2005.
BEAR LAKE HISTORICAL SOCIETY
Sherry Brown, representing the Bear Lake Historical Society thanked
the Commissioners for their support in the past and asked them
to consider increasing the Historical Board Membership from seven
members to nine members. She also informed them they are being
asked to open the Rails & Trails Museum beginning the first
half of April and through the month of May to accommodate students
and indicated they will need more funding from the county than
in the past. Clerk Eborn, at her request provided information
as to the county's funding for the Historical Society over the
past five years, which amounted to $9,667.05. The Commissioners
asked her to put together a budget and schedule to see how much
more funding they may need and to provide a list of potential
individuals they can consider for the additional board member
positions on or before their meeting in March.
ELECTED OFFICIALS MEETING
Treasurer Wallentine informed the Commissioners his pending issues
are ready to go and he will provide them with a list at their
next meeting.
SHERIFF'S REPORT OF ACTIVITY
Brent Bunn, Sheriff presented his department's report of activity
for the month of January 2005. He stated Craig Bunn is still gone
and doesn't go back to the Doctor until the 4th of March. He presented
information in regards to the costs for prisoner housing from
2002 through 2004. The figures presented do not include transportation
costs or time involved for his deputies when transporting prisoners.
Caribou County costs for their new jail facility are around 3.5
million and they will be hiring seven additional employees to
manage the facility, they plan to be open around the middle of
May. Using the Caribou facility will be advantageous to the county.
He said it's difficult to find housing for female prisoners and
there are more prisoners all the time. The State of Idaho projects
an 11% prisoner increase statewide. He also said Jefferson County
plans to build a new courthouse and jail, costing around 10.5
million. They have contracted to pay $600,000 per year for 25
years.
RESOLUTION #2005-08 - RECORDS TO BE DESTROYED
At Clerk Eborn's request Commissioner Michaelson made a motion,
seconded by Commissioner Rasmussen to approve and adopt Resolution
#2005-08 allowing for the destruction of various temporary records
prior to 1998 as follows:
RESOLUTION #2005-08
(Idaho Code 31-871)
WHEREAS, the Clerk of Bear Lake County, Idaho has deemed that it is not necessary or in the best interest of the County to retain certain records within it's possession, as the same occupy unnecessary space within the County facilities, and
WHEREAS, the Clerk of Bear Lake County has requested that said records and documents be destroyed, and
WHEREAS, the Board of County Commissioners of Bear Lake County, Idaho has reviewed the items that the Clerk of Bear Lake County desires to have destroyed, and finds that all are classified as either semi-permanent or temporary records of the County, and need not be retained more than five (5) years, or if they constitute permanent records, are more than ten (10) years old, and
WHEREAS, the Board of County Commissioners has consulted with the Prosecuting Attorney of the County in this regard.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO, AS FOLLOWS:
Section 1: The following records of Bear Lake County, Idaho, and specifically the records of the Clerk of Bear Lake County, Idaho, are authorized to be destroyed:
PRIOR TO 1998
Section 2: Said records shall be destroyed, and said destruction shall be under the direction and supervision of the Clerk of the Board of Bear Lake County.
PASSED AND APPROVED by the Board of County Commissioners of Bear Lake County, Idaho, this 14th day of February 2005.
BEAR LAKE COUNTY COMMISSIONERS
_______________________________________________
DWIGHT L. COCHRAN, Chairman
/s/ Vaughn Rasmussen______________________________
VAUGHN RASMUSSEN, Commissioner
/s/ Conrad Michaelson______________________________
CONRAD MICHAELSON, Commissioner
ATTEST:________________________________________
JOAN P. EBORN, Clerk
Motion was unanimous.
NATIONAL INCIDENT MANAGEMENT SYSTEM RESOLUTION
#2005-09
In order to continue to received Homeland Security and other federal
funds Commissioner Rasmussen made a motion, seconded by Commissioner
Michaelson to approve and adopt Resolution 2005-09 as follows:
RESOLTUION #2005-09
WHEREAS, Bear Lake County has used Incident Command System (ICS) as their incident management system for emergencies, and
WHEREAS, the Department of Homeland Security has developed a comprehensive nationwide framework for incident management that will enable responders at all levels to work together more effectively to manage incidents no matter what the case, size or complexity, called National Incident Management System (NIMS), and
WHEREAS, the Department of Homeland Security has asked all government and emergency entities to adopt the National Incident Management System (NIMS) as their incident management system.
ADOPTED THIS 14TH DAY OF FEBRUARY 2005
BOARD OF BEAR LAKE COUNTY COMMISSIONERS
_______________________________________________
DWIGHT L. COCHRAN, Chairman
/s/ Vaughn Rasmussen______________________________
VAUGHN RASMUSSEN, Commissioner
/s/ Conrad Michaelson______________________________
CONRAD MICHAELSON, Commissioner
ATTEST:________________________________________
JOAN P. EBORN, Clerk
Motion was unanimous.
CERTIFICATES OF RESIDENCY
The Commissioners unanimously approved and authorized Chairman
Cochran to sign the following Certificates of Residency for Students
at the College of Southern Idaho: Briana D. Blackwood, Kasey Lee
Derricott, Karen Lee Derricott, Krystal Rae Derricott, Rachel
Anne Daines, Patrick Jon Eborn, Vanessa J. Pack, Erin Eva Prusse,
Michelle Nichole Phillips, Richard Lee Williamson, Lyndsey Dawn
Van Darlin and Tyler E. Lewis.
PLANNING & ZONING
Mitch Poulsen met with the Commissioners on behalf of the Planning
and Zoning Commission to present names of individuals he had either
contacted or tried to contact to fill a vacant seat on the Board
as follows: Richard Armatage, Don Williams, Bart Rigby, Jaren
Rigby, Rex Skinner, Steve Kunz, Doug Taylor, Tammy Kunz and Rayo
Passey.
The present board consists of eight members and they thought there should be nine. If they increase the membership to nine they could appoint three members living in incorporated cities or in their impact areas.
Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to appoint Richard Armatage to fill Ann Massey's vacant seat. Motion was unanimous.
Commissioner Rasmussen asked Mr. Poulsen for information in regards to the length of the terms of the present Board Members and how long they have served in their positions.
SEICOG
Angalynn Bishop representing Southeastern Idaho Council of Governments
said her agency is concerned for aging individuals in the County
and asked the Commissioners to review and complete a brief Senior
Needs Survey. All three Commissioners filled out the Survey as
requested. She indicated they would be making an effort to provide
more information to the senior residents in the county as to what
benefits are available for them.
IDAHO STATE PARKS - ST. CHARLES PARK SHOP PROPERTY
Kirk Rich, Idaho State Parks Manager informed the Commissioners
the Park's Department is planning to purchase property in the
City of St. Charles for the future location of a park shop. He
said, pursuant to Idaho Code 67-4243, the Department of Parks
and Recreation when purchasing properties involving an impact
to the ad valorem tax in the county must contact the Commissioners
to determine the impact the acquisition will have and if the Commissioners
want to set an in lieu of tax amount. The Parks Department feel
it will be an asset to Bear Lake County and St. Charles City has
approved the purchase. They feel the sale will have negligible
impact in regards to taxes collected on that small parcel of land
somewhere between $80 to $100. Some discussion ensued as to how
much property the government actually owns in the county and Assessor
Lewis responded 50%. The PILT payment (payment in lieu of taxes)
fails to compensate the County adequately for taxes lost on government
owned land.
Commissioner Michaelson made a motion, seconded by Chairman Cochran to approve the purchase. Commissioner Rasmussen expressed concern that the Government has too much property already in Bear Lake County. A vote was called for, with Chairman Cochran and Commissioner Michaelson voting yes and Commissioner Rasmussen voting no. The motion passed.
At Rich's request, Clerk Eborn was authorized to write a letter supporting the purchase to the Idaho Department of Parks and Recreation.
TRUCK PURCHASE
Mr. Rich said they had received a grant some time ago to purchase
a truck to be used by both the Snowmobile and Waterways employees.
The truck has been ordered and would arrive in the next week.
The grant funds amounted to $20,000 matched by snowmobile funds
of $15,000 and $5,000 from waterways. He then asked if the Clerk
could issue a warrant upon delivery for payment of the truck to
which the Commissioners agreed.
Al Harrison, Bear Lake Regional Executive Director joined the meeting in progress.
PLANNING & ZONING
Mike Derricott, Chairman of the Planning and Zoning Commission
asked the Commissioners to consider a moratorium on new subdivisions
until the ones already on record become 80% complete. When he
asked about garbage pick-up Greg Skinner, Road & Bridge Supervisor
said it is best for those building in some of the subdivisions
to have a central pick-up as the garbage trucks are unable to
reach some of the homes being built.
Derricott said the Board needs training on
how to conduct meetings. He asked who makes certain the conditions
placed on subdivisions when they are approved are actually met.
He suggested the Commissioners make sure the conditions are met
prior to approving any subdivision.
GREAT WESTERN TRAIL ASSOCIATION
Lee Foster representing the Great Western Trail met with the Commissioners
to update them as to the status of the trail indicating their
proposal will be presented to Congress as soon and they expect
the trail will be approved from Yellowstone to the Arizona State
Border. He asked for a letter of consent from the Commissioners
that county right-of-ways could be used when the trail crosses
or follows county roads. Some concern was expressed as to the
impact ATV's and other motorized vehicles using the trail would
have to the Sheriff's Office and the Prosecuting Attorney.
Commissioner Michaelson supports public access to public lands and therefore made a motion, seconded by Commissioner Rasmussen to support the Great Western Trail concept and to write a letter of support as requested. Motion unanimously approved.
EMERGENCY MANAGEMENT
Max W. Eborn, Emergency Management Coordinator informed the Commissioners
he too is retiring as soon as they can replace him and that he
and Clerk Eborn have been called to serve a Mission in the Czech
Republic and will be leaving the later part of May.
The Commissioners asked him to continue as the Coordinator until
someone can be found to replace him.
In regards to the Homeland Security funding, some money is still available from the first grant and can still be used for various equipment and supplies. And the county has been approved for a second grant.
He told the Commissioners he had visited with Warren Kunz and thought the emergency supplies stored at the Bern School had been destroyed some time ago. The chemicals had been destroyed at the Airport several years ago and the cots, blankets and an x-ray machine are obsolete and should be destroyed.
He expressed his thanks to the Commissioners for the position he's held through the years and expressed appreciation for the opportunity to work with all the good volunteers in the County for all the services they provide at no cost to the public.
SOUTHEASTERN DISTRICT HEALTH DEPARTMENT
Dee Johnson, Leslie Jensen and Tiffany Preston representing Southeastern
District Health Department presented and reviewed written information
concerning all the services they had provided in the past quarter.
Mrs. Johnson said she works with environmental health issues.
Discussion of septic tanks versus sewer systems was discussed
and Mrs. Johnson indicated sewer systems are the best way to protect
the lake.
LANDFILL STATUS
Dee Johnson, Southeastern District Health Department, John Kirkpatrick
and Tom Mullican, Division of Environmental Quality visited with
the Commissioners in regards to the county landfill. They reviewed
and discussed a revised ground water flow direction map expressing
concern that they have been unable to get a sample from the up
gradient well due to a bend in the casing above the water level.
Therefore, the landfill site is out of compliance in regards to
regulatory monitoring requirements. They discussed a letter from
Division of Environmental Quality notifying the county as to what
action is necessary to bring the landfill into compliance. He
indicated there were some unusual readings at one of the two well
sites.
Discussion ensued in regards to a proposed work authorization to provide compliance with the Idaho Department of Environmental Quality Requirements from Cascade Earth Sciences whereby they would drill another well at the site and continue monitoring the well as required by the Division of Environmental Quality for a total cost of $47,900.
The County may soon have to move to a new landfill site. Mullican noted the county would still have to monitor the present site for 30 years and new wells will have to be drilled at a different site.
The county still qualifies for small landfill designation as less than 20 tons of garbage is dumped at the site each day. When asked Mullican said the county could burn wood wastes, but there are a lot of restrictions. He offered to provide information about burning and suggested they contact him prior to doing so.
He said the Operator at the landfill site was doing a very good job of covering up the garbage and should be commended.
PREVIOUS MINUTES APPROVED
Commissioner Michaelson made a motion, seconded by Commissioner
Rasmussen to approve the minutes for the January 18th 2005 meeting
as presented by Clerk Eborn. Motion was unanimous
COUNTY CLERK APPOINTED
Lori Thornock, ReAnn Jensen, Kerry Haddock, the three applicants
being considered for the Clerk, Auditor and Recorder appointment
and Dennis Turner, Chairman of the Republican Central Committee
met with the Commissioners. Mr. Turner presented the names selected
by the Republican Central Committee to fill the vacancy created
by Clerk Joan P. Eborn's retirement for the Boards consideration,
Lori Thornock, ReAnn Jensen and Kerry Haddock. He informed them
the voting was close. At the end of a brief question and answer
period the Commissioners acted unanimously to appoint Kerry Haddock
to fill the vacancy created by Clerk Eborn's retirement effective
March 1, 2005.
Commissioner Michaelson offered the Oath of Office to Kerry Haddock to become effective March 1st, 2005.
Mr. Turner invited all those at the meeting to join with other Republicans and attend the Lincoln Day Banquet set for March 5th, 2005.
AMERICAN LEGION AUXILLARY
At the request of the American Legion Auxillary the Commissioners
acted unanimously to approve and pay $250, the amount they requested
to send one high school girl to the Idaho Syringa Girls State
Session in Nampa, Idaho.
SNAKE RIVER WATER RIGHTS SETTLEMENT AGREEMENT
- NEZ PERCE TRIBE
After a telephone conversation with Larry Bradford and in regards
to the Snake River Water Rights Settlement with the Nez Perce
Tribe, the Commissioners unanimously agreed they were unable to
support the agreement as presently written. Clerk Eborn was instructed
to notify Larry Bradford, Representative District 31 of their
decision.
WARRANT CANCELLED
At Clerk Eborn's request the Commissioners acted unanimously to
cancel Current Expense Warrant #01-50353 to IHC in the amount
of $254.02, secondary insurance had paid as well as Blue Cross
of Idaho.
Meeting recessed for lunch reconvening at 1:30 P.M. to continue with county business as follows:
REAL ESTATE LEASE AGREEMENT FOR THE EXTENTION
OFFICE APPROVED
After reviewing a five-year lease agreement for the Extension
Office reflecting a $50 a month increase, Commissioner Rasmussen
made a motion, seconded by Commissioner Michaelson to approve
the five year lease agreement as presented by Clerk Eborn from
$650 to $700 a month based upon the County Attorney's approval
of the form used. Motion was unanimous.
BERN SCHOOL
The Commissioners agreed to dispose of any county property still
stored at the Bern school building and they discussed the impact
to the Road & Bridge Department to tear down the building
and haul it away vs. the cost to buy supplies for a new roof as
previously requested. The Commissioners will conduct an onsite
inspection prior to making a decision.
COMMISSIONER ASSIGNMENTS
The Commissioners reviewed and made changes to their individual
assignments determined last Commissioners Meeting as follows:
Chairman Cochran at a recent meeting was voted in as the Vice-Chairman
of the Bear Lake Regional Commission and therefore will continue
to be the county representative to the Regional Commission and
he will also supervise and attend meetings for the Fair Board
and the Airport Board.
Commissioner Michaelson will be responsible for RC&D, USDA, SEICOG, BLM, Planning & Zoning and ITD.
Commissioner Rasmussen will be over the Historical Society, the Hospital, all Emergency Services and Economic Development.
As former Commissioner, Keith Martindale was voted on by other counties at a recent Southeastern District Health Department meeting, he will continue to be Bear Lake County's representative with Southeastern District Health Department.
INDIGENT APPLICATIONS
After reviewing applications for medical assistance the Commissioners
acted unanimously as follows:
#2005-05 - To Deny - County is not the last resource, application filed untimely, applicant may not be medically indigent.
#2005-06 - To Deny - County is not the last resource - No emergency need exists, services may not be medically necessary.
CLAIMS ALLOW PAID
The Commissioners reviewed and approved claims submitted authorizing
Clerk Eborn to make payment as follows:
CURRENT EXPENSE 50356-50442 $60,351.74 , CHARITY 50012-50017 $3,795.48,
CURRENT EXPENSE 50443-50445 3,582.25, 911 50010-50012 328.60,
ROAD & BRIDGE 50107-50137 89,454.06, REVALUATION 50035-50038
2,353.56, AMBULANCE 50045-50058 29,631.72, SOLID WASTE 50066-50079
16,477.45, DISTRICT COURT 50064-50091 10,654.75, TORT 50014 10.86,
DISTRICT COURT 50092 49.99, WEED CONTROL 50042-50050 7,191.18,
FAIR 50018-50020 1,260.94, SNOWMOBILE 50040-50056 12,467.44,
JUVENILE JUSTICE 50048-50055 1,338.85, SNOWMOBILE 50057 2,062.50,
JUVENILE JUSTICE 50056 26.58, WATERWAYS 50020-50022 659.24, COURTHOUSE
CAPITAL 50002 15,995.00, AIRPORT 50030-50038 1,108.18, DISTRICT
HEALTH 50013-50019 4,018.06, RANGE IMPROV. 50003 164.00, ROAD
& BRIDGE CAPITAL 50002 10,979.05,
PAYROLL
CURRENT EXPENSE 307-348 $58,074.09, REVALUATION 371-372 $ 3,973.20,
ROAD & BRIDGE 349-361 28,224.30, SOLID WASTE 373-377 10,840.70,
AMBULANCE 362 588.70, TORT 378 251.95, DISTRICT COURT 363-366
5,743.44, WEED CONTROL 379 2,305.22, JUVENILE JUSTICE 367-370
3,594.04, SNOWMOBILE 380-382 3,200.72,
INSURANCE AND WITHHOLDINGS
CURRENT EXPENSE 50446-50453 $64,056.27, REVALUATION 50039-50044
$ 9,657.48, ROAD & BRIDGE 50138-50146 35,904.72, SOLID WASTE
50080-50087 8,004.34, AMBULANCE 50059-50060 129.01, TORT 50015-50016
53.77, DISTRICT COURT 50093-50100 8,017.46, WEED CONTROL 50051-50055
2,896.36, JUVENILE JUSTICE 50057-50062 3,305.45, SNOWMOBILE 50059-50061
1,230.61.
Meeting adjourned subject to recall by the Chairman or his order.
______________________________________________
DWIGHT L. COCHRAN, Chairman
ATTEST:_________________________________________
JOAN P. EBORN, Clerk
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2/14/05 Commissioners Meeting Notice:
9:00 A.M. SHERRY BROWN - Historical Society Membership/Funding Increase
9:15 A.M. ELECTED OFFICIALS MEETING
9:30 A.M. MITCH POULSEN - Recommendation from Planning & Zoning
for Board Member Vacancies
9:45 A.M. ANGALYNN BISHOP - SEICOG - Area Agency on Aging/Senior
Needs Survey
10:00 A.M. KIRK RICH - St. Charles Park Shop Property
10:15 A.M. MIKE DERRICOTT - Planning and Zoning Information
10:30 A.M. LEE FOSTER - Great Western Trail
10:45 A.M. MAX EBORN - Emergency Management Meeting - Update -
Resignation Date
11:00 A.M. TOM MULLIGAN - DEQ - Landfill, DEE JOHNSON - Health
Department - Quarterly Reports
11:15 A.M. " " " " " " " "
"
11:30 A.M. " " " " "
" " " "
11:45 A.M.
LUNCH
1:30 P.M.
1:45 P.M.
2:00 P.M.
OLD BUSINESS
Approve Minutes of Previous Meetings
Road & Bridge/Solid Waste/Garbage Issues
Planning and Zoning Appointments
NEW BUSINESS
Review and Approve Claims Submitted
Adopt Resolution - National Incident Management System
Extension Office Lease Agreement - $50 Increase?
Airport Bid Information
Request from American Legion Auxilliary for Girls State $250.00
Adopt Resolution for Clerk's Office Records (prior to 1998) Destruction
Sign Certificates of Residency for College of Southern Idaho
Approve and Sign Airport Grant and Agreement Resolution
Cancel Current Expense Warrant #01-50353 - $254.02
Bern School Building Repairs
Commissioners Assignments/Changes
Appoint Commissioner - SEICOG Representative
Appoint County Clerk of the District Court/Auditor/Recorder
Citizenship Conference Request for Funding
Adopt Resolution - Idaho Forest Owners Association - Snake River Basin
Utah Power - 2005 Irrigation Load Control Agreement
Medically Indigent Applications
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