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2/26/07 Commissioners Meeting Minutes:
The Board of Bear Lake County Commissioners met in a special meeting on Monday February 26, 2007 beginning at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board Present were Vaughn Rasmussen, Chairman, Montain D. Kunz and Kerry Haddock, Clerk of the Board. Commissioner Dwight L. Cochran was hospitalized, recovering from a broken leg.
Brent Bunn, Sheriff, Rosa Moosman, Editor of the News Examiner, and Bill Stock also attended the meeting
FOREST SERVICE CONTRACT
Sheriff Bunn presented a contract between the County and the Forest
Service regarding patrolling at Campgrounds. The Forest Service
pays the County up to $5,000 annually for this service. The Commissioners
approved and signed the contract.
REPORT ON COMMISSIONER COCHRAN
Commissioner Kunz reported that he had visited Commissioner Cochran
in the hospital and that he was doing well.
ASPEN CREEK MEADOWS BOND
Mitch Poulsen reported on the progress of Aspen Creek Meadows,
Phase 3. He had been unable to contact the County engineer to
determine if enough work had been done to reduce the bond on the
project.
RESOLUTION 2007-2
Commissioner Kunz made a motion seconded by Commissioner Rasmussen
to adopt a resolution regarding the destruction of County records
in the Clerk's Office prior to 2002. Both Commissioners present
voted yes.
RESOLUTION #2007-02
(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 2002
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 12th day of February 2007.
BEAR LAKE COUNTY COMMISSIONERS
____________________________ ____________________________________
VAUGHN N. RASMUSSEN, Chairman DWIGHT L. COCHRAN
_________________ ATTEST: __________________________
MONTAIN D. KUNZ KERRY HADDOCK, Clerk
EXECUTIVE SESSION
Commissioner Kunz made a motion seconded by Commissioner Rasmussen
to convene an Executive Session per Idaho Code 67-2345(1) to discuss
a personnel matter and indigent cases. Both Commissioners present
voted yes.
Following the Executive session Commissioner Kunz made a motion seconded by Commissioner Rasmussen to reconvene the regular meeting and to approve and deny medical assistance claims as follows:
Case #2006-43 - Approved for bills from October thru November 2006- Indigent; Obligated County; Last Resource; Emergency; Medically Necessary. Continuance for bill from January 1, 2007 thru current - pending Medicaid Approval in writing.
Case #2006-53 - Approved - Indigent; Obligated County; Last Resource; Medically Necessary.
Case #2007-04 - Denied - Not indigent; Not the last Resource.
Case #2007-07 - Denied - Not indigent; Not the last Resource.
Both Commissioners voted yes.
Meeting adjourned subject to recall by the Chairman or his order.
2/12/07 Commissioners Meeting Minutes:
The Board of Bear Lake County Commissioners met in regular session on Monday, February 12, 2007 beginning at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present were Vaughn Rasmussen, Chairman, Montain D. Kunz and Kerry Haddock, Clerk of the Board. Commissioner Dwight Cochran was unable to attend as he had fallen on the ice that morning and had to be transported by ambulance to Logan for treatment.
Lynn Lewis, Assessor, Rodney Wallentine, Treasurer, Brent Bunn, Sheriff, Greg Skinner, Road and Bridge Supervisor, Rosa Moosman, Editor of the News-Examiner and Al Harrison also attended the meeting.
HEALTH DEPARTMENT QUARTERLY REPORT
Leslie Talbot and Tiffany Preston from the Southeastern District
Health Department presented their quarterly report. They gave
a brief overview of their purpose and programs for new Commissioner
Kunz. Mrs. Talbot reported that she gave 546 flu shots and had
283 children as immunization clients. She reported that there
were several cases of West Nile Virus in Bear Lake late last fall.
ELECTED OFFICIALS MEETING
Sheriff Bunn presented his monthly report to the Commissioners.
There were 8 prisoners in custody. He reported that the charge
for Bear Lake's share of the juvenile detention facility in Bannock
County had increased without Bear Lake County being notified.
As a result Bear Lake County will be over budget. Sheriff Bunn
attended a meeting with Idaho Fish and Game personnel regarding
road kill in Southeast Idaho. There had been 2,600 big game animals
killed in the 5 Southeastern Counties with 45% of these on Highway
30 between McCammon and the Wyoming border. There will be a few
new signs put up.
Assessor Lynn Lewis met with the Commissioners to explain the States revaluation requirements. The County Assessor is required by the State to appraise all real property in the County every 5 years. He expressed concern regarding meeting the five year plan with the current manpower and budget constraints. He pointed out some fees that could be raised to help pay for the additional manpower.
Treasurer Wallentine reported that there were 9 parcels in the tax deed process. They have until June 1st to pay old taxes.
BUTLER ENGINEERING
Robert Butler met with the Commissioners regarding property owned
by Tim Johnson near the County Landfill. He asked for a boundary
adjustment of County property that Mr. Johnson was occupying.
Upon further investigation the property in question appears to
belong to the Fish and Game Department rather than the County.
Mr. Butler will check further.
Conrad Michaelson joined the meeting in progress.
IDAHO FISH AND GAME PROPERTY ACQUISITION
Paul Wackenhut with the Idaho Fish and Game Department met with
the Commissioners regarding a parcel of land near Georgetown Summit
that they wanted to purchase. They stated that they wanted to
purchase the property for wildlife habitat and to provide access
for hunting. Former Commissioner Conrad Michaelson pointed out
that the County was 50% public land now. Making more land public
reduces the County's taxing ability. There was discussion regarding
some kind of land swap with the Fish and Game.
MINNETONKA CAVE ROAD
Greg Skinner presented a grant application for improving the Minnetonka
Cave Road and a resolution authorizing Commissioner Rasmussen
to sign it. Commissioner Kunz made a motion seconded by Commissioner
Rasmussen to approve Resolution #2007-03 authorizing and directing
Commissioner Rasmussen to sign the application. Both Commissioners
present voted yes. Mr. Skinner also agreed to put a traffic counter
on the road prior to Memorial Day.
RESOLUTION #2007-03
CITY, COUNTY OR HIGHWAY DISTRICT
RESOLUTION
EXTRACT FROM THE MINUTES OF A REGULAR OR SPECIAL
MEETING OF THE COMMISSIONERS OF
BEAR LAKE COUNTY OF PARIS, IDAHO
HELD ON FEBRUARY 12, 2007
The following Resolution was introduced by Commissioner Vaughn N. Rasmussen, read in full, considered and adopted:
RESOLUTION NO. 2007-03 OF THE BEAR LAKE COUNTY, IDAHO, SUPPORTING THE PROJECT IDENTIFICATION SUBMITTAL FOR THE CONSTRUCTION OF THE MINNETONKA CAVE ROAD TO THE LOCAL HIGHWAY TECHNICAL ASSITANCE COUNCIL, (LHTAC). TOTAL PROJECT COST ESTIMATE IS $2,121,000, WHICH WILL REQUIRE $155,681.40 OF LOCAL MATCHING FUNDS AVAILABLE FROM BEAR LAKE COUNTY.
BE IT RESOLVED THAT VAUGHN RASMUSSEN IS HEREBY AUTHORIZED AND DIRECTED TO SIGN THE PROJECT IDENTIFICATION PACKET AND SUBMIT TO LHTAC FOR PRIORITIZATION.
PASSED BY THE BEAR LAKE COUNTY COMMISSIONERS AND APPROVED BY THE BEAR LAKE COUNTY COMMISSION THIS 12TH DAY OF FEBRUARY 2007.
_______________________________________
MAYOR OR CHAIRMAN OF THE COMMISSION
ATTEST:
___________________________________________, Clerk
CERTIFICATE
I, KERRY HADDOCK, BEAR LAKE COUNTY, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 2007-03 adopted at a regular or special meeting of the Board of Bear Lake County Commissioners held on the 12th day of February, 2007, and that the same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of Bear Lake County, this 12th day of February 2007.
__________________________________________
Signature
KERRY HADDOCK, Clerk
ROAD AND BRIDGE ISSUES
Greg Skinner presented his monthly report. He presented revised
forms and asked to increase deposits and sometimes require a bond
for digging across and adjacent to existing County Roads. He
stated that the current deposits didn't cover the potential damage
involved. Sometimes settling occurs over several years. Commissioner
Kunz made a motion seconded by Commissioner Rasmussen to adopt
the forms as presented by Mr. Skinner. Both Commissioners present
voted yes. Al Harrison had been contacted by someone wanting
to obtain the old bridge near Georgetown. The bridge has historical
significance. Commissioner Kunz agreed to look into ascertaining
a weight on the bridge. The Commissioners agreed to have Mr.
Skinner solicit bids on a new 10-wheel dump truck with snowplow.
Kirk Rich joined the meeting.
WHEELED VEHICLES ON SNOWMOBILE TRAILS
Brad Wilks, Ivan Leonhardt and Reed Hansen approached the Commissioners
regarding wheeled vehicles traveling on snowmobile trails. They
would like an ordinance prohibiting the wheeled vehicles. Their
biggest concern was safety issues. Signs had not been very effective.
Commissioner Rasmussen stated that he had received many calls
on both sides of this issue and would like to hold a public hearing
on the matter. The Commissioners will work on this for the next
snowmobile season. There was also some discussion with Sheriff
Bunn and Kirk Rich regarding enforcement if such an ordinance
were adopted.
CABLE SYSTEM FRANCHISE
Jeremy Smith, DCDI, and Scott Dansie, Comcast, asked the Commissioners
to pass a consent resolution allowing the sale of Comcast's television
cable system to Direct Communications Cable LLC. After a short
discussion Commissioner Kunz made a motion seconded by Commissioner
Rasmussen to pass Resolution #2007-04 allowing the sale. Both
Commissioners present voted yes.
RESOLUTION NO. 2007-04
CONSENT TO ASSIGNMENT OF FRANCHISE
WHEREAS, Comcast of California/Idaho, Inc. ("Franchisee") is the duly authorized holder of a franchise, as amended to date (the "Franchise"), authorizing Franchisee to serve Bear Lake County, Idaho (the "Franchise Authority") and to operate and maintain a cable television system (the "System"); and
WHEREAS, Franchisee and Direct Communications Cable LLC ("Assignee"), entered into an agreement (the "Asset Purchase Agreement") pursuant to which Franchisee has agreed to transfer the assets of the system (including the Franchise) to Assignee: and
WHEREAS, Franchisee now seeks approval of the assignment of the Franchise to Assignee, and has filed an FCC Form 394 with the Franchise Authority with respect thereto; and
WHEREAS, the Franchise Authority has investigated the qualifications of Assignee and finds it to be a suitable assignee of the Franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS:
1. The Franchise Authority hereby consents to and approves the assignment of the assets of the system (including the Franchise) from Franchisee to Assignee.
2. The Franchise Authority hereby confirms that, to its knowledge: (a) the Franchise is valid and outstanding and in full force and effect; (b) Franchisee is currently the valid holder and authorized grantee of the Franchise; (c) there have been no amendments or modifications to the Franchise; (d) Franchisee is in compliance in all material respects with the provisions, of the Franchise; and (e) there are no defaults under the Franchise or events that, with the giving of notice of passage of time or both, could constitute events of default thereunder. Subject to compliance with the terms of this Resolution, all action necessary to approve the transfer of the Franchise to Assignee has been duly and validly taken.
3. Assignee may (a) assign or transfer its assets, including the Franchise, provided that such assignment or transfer is to an entity directly or indirectly controlling, controlled by or under common control with Assignee; (b) restructure debt or change the ownership interests among existing equity participants in Assignee; (c) pledge or grant a security interest to any lender(s) of Assignee's assets, including, but not limited to, the Franchise, or of interest in Assignee, for purposes of securing any indebtedness; and (d) sell equity interests in Assignee or any of Assignee's affiliates.
4. This Resolution shall be deemed effective upon the consummation of the transaction contemplated pursuant to the Asset Purchase Agreement.
5. This Resolution shall have the force of a continuing agreement with Franchisee and Assignee, and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and Assignee.
PASSED, ADOPTED AND APPROVED this 12th day of February, 2007.
BY: _________________________________
VAUGHN N. RASMUSSEN
Commission Chairman
ATTEST:______________________________
KERRY HADDOCK, Clerk
SMOKEY CANYON MINE SELENIUM ISSUES
Jeff Jones, Joanna Wilson and Dennis Duehren of the U. S. Forest
Service met with the Commissioners to update them on the release
of selenium from J. R. Simplot's Smokey Canyon Mine waste dump.
They reported on the progress of the diversion of Pole Canyon
Creek around the 50 Million cubic yard cross valley fill. A 30"
pipeline had been installed to accomplish the diversion. Monitoring
will start in the spring of 2007 to detect changes in surface
and groundwater quality. The next step will be to conduct interviews
with interested parties to identify concerns as the Forest Service
converts to a more comprehensive process. The Commissioners were
invited to participate in this process.
GARBAGE FEE
Lynn Lewis presented revised changes to the solid waste fee from
discussion in a previous meeting. Changing the new construction
fee to an annual fee was the biggest change. The Commissioners
approved the changes.
SOIL CONSERVATION SERVICE ANNUAL REPORT
Bill Robinson and Robert Ward met with the Commissioners to give
their annual report and budget request. Their function is to
coordinate technical, financial, and educational assistance for
responsible natural resources management that conserves and improves
air, soil, water quality and fish and wildlife habitat. They
asked for the same budget as last year.
EXECUTIVE SESSION
Commissioner Kunz made a motion seconded by Commissioner Rasmussen
to convene in executive session per Idaho Code 67-2345(1) to discuss
medical indigent cases, personnel issues and pending litigation.
Both Commissioners present voted yes.
Following the executive session Commissioner Kunz made a motion seconded by Commissioner Rasmussen to act on indigent cases as follows.
Case #2006-20 - Amended/Approved - Medically Indigent; Emergency; Medically Necessary; Obligated County; Resident; Last Resource.
Case #2006-49 - Approved - Indigent; Last Resource; Obligated County; Emergency; Medically Necessary; Resident.
Case #2006-31 - Approved - Indigent; Last Resource; Obligated County; Emergency Need; Medically Necessary; Resident.
Case #2007-03 - Denied - Not Indigent; Not last resource; Application incomplete.
Both Commissioners voted yes.
LANDFILL AND OVID WATER
Dee Johnson with the Southeastern District Health Department met
with the Commissioners regarding the wells in the Ovid area and
the County Landfill. She stated that wells in the Ovid area were
drying up. She asked the Commissioners to consider helping fund
a feasibility study to install a sewer and water system in the
area.
She reported on a meeting of an 8 County regional committee that was formed to help with solid waste issues. We need to replace former Commissioner Michaelson on that Committee. She stated that growth in the County was causing the landfill to approach the 20 ton per day limit on our small landfill designation. Mrs. Johnson recommended that we get a scale if we keep the landfill where it is now located.
GENEVA ROAD
Don Kunz and Earl Wuthrich asked the Commissioners to open and
maintain a road in the Geneva area. The road was on private property
and had not been claimed or maintained by the County in the past.
The Commissioners declined to act on the request.
MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Rasmussen
to approve the minutes of the January 8, 2007 regular meeting
and the January 29, 2007 special meeting. Both Commissioners
present voted yes.
JUNIOR COLLEGE APPLICATIONS
Commissioner Kunz made a motion seconded by Commissioner Rasmussen
to approve residency for Junior College tuition applications for
Brooke Timothy, Malkey Brown, Lorelei Hammond, John Petersen,
Sandra Keetch, Jose Contreras and Vanessa Pack.
Both Commissioners present voted yes.
AMBULANCE SERVICE
Chad Higley, Richard Gleed and Rhett Phelps met with the Commissioners
regarding a new building for the ambulance service. They stated
that the current garage is inadequate and too small. Land has
been donated and the building they wanted would cost about $600,000.
They had considerable funds in their savings and wanted to bond
for the balance. Commissioner Rasmussen suggested that a lease
purchase would be a better alternative than a bond. They may
be able to get grants for some of the interior work. They also
wanted to be sure the County was budgeting for a new ambulance
every 5 years.
ASPEN CREEK MEADOWS BOND
Ray Elliot requested to have the completion bond reduced that
was posted for Aspen Creek Meadows Subdivision as it was for considerably
more than the amount of work left to be completed. Most of the
infrastructure that the bond was for was in place, but the Commissioners
asked for verification of the amount of work left to be done prior
to reducing the bond.
PLANNING AND ZONING REQUEST
Judy George, Planning and Zoning Chairman, asked the Commissioners
for professional advice regarding some of the Planning issues
facing the County. She felt that Planning and Zoning didn't have
the expertise to avoid the problems now faced by Counties such
as Teton and Valley Counties. She had asked Rick Fawcett, a consultant,
to a make a presentation at their next meeting and asked the Commissioners
to attend. This meeting was tentatively set for February 23,
2007.
BEAR MOUNTAIN RESORT
Brad Auger, Bruce Barrett and Ted Galovan, representing the Bear
Mountain Resort, introduced themselves to the Commissioners.
They were prepared to answer questions regarding the resort.
Commissioner Rasmussen advised them to be patient and work through
Planning and Zoning.
CLAIMS ALLOWED PAID
The Commissioners reviewed and approved claims submitted authorizing
Clerk Haddock to make payment as follows:
Meeting adjourned subject to recall by the
Chairman or his order.
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2/27/07 CALL FOR BIDS - ONE NEW 10-WHEELER DUMP TRUCK WITH SNOWPLOW ATTACHMENTS:
Pursuant to Idaho Code 67-2806, notice is hereby given by the Board of County Commissioners, Bear Lake County, Idaho, sealed bids be accepted until 11:00 A.M., Monday, March 12, 2007, for ONE NEW 10-WHEELER DUMP TRUCK WITH SNOWPLOW ATTACHMENTS. Would prefer bid to state cash price and price with trade-in.
Specifications for the vehicle are available in the County Clerk's Office in Paris, Idaho.
Bids MUST be in writing in a sealed envelope and plainly marked "NEW 10-WHEELER DUMP TRUCK".
A bid bond deposit of five (5%) percent must be received with the bid.
"THE COMMISSIONERS WILL BE MEETING THE SAME DAY TO AWARD THE BID".
The Board of Bear Lake County Commissioners reserves the right to accept or reject any or all bids deemed to be in the best interest of the County.
BEAR LAKE COUNTY
VAUGHN RASMUSSEN
Chairman of the Board
KKERRY HADDOCK
Clerk of the Board
Publish: February 20, 2007 & February 27, 2007
2/26/07 Commissioners Special Meeting Agenda:
The Board of Bear Lake County Commissioners will be meeting on Monday, February 26, 2007 at 9:00 a.m. in the Commissioners Room of the Courthouse Annex to discuss the following:
2/12/07 Commissioners Meeting Notice:
9:00 A.M. DEE JOHNSON, LESLIE TALBOT, TIFFANY PRESTON - Health Department Quarterly Report
9:15 A.M. ELECTED OFFICIALS MEETING
9:30 A.M. COMMITTEE REPORTS AND ASSIGNMENTS
9:45 A.M. ROBERT BUTLER - Butler Engineering/Boundary Line Agreement/Tim Johnson
10:00 A.M. PAUL WACKENHUT - Idaho Fish & Game - Acquisition of Property (Georgetown)
10:15 A.M. MERIEL MONICAL & DEBRA JACOBS - Daughters of Utah Pioneers
10:30 A.M. MITCH POULSEN - Recommended Zone Change
10:45 A.M. WHEELED VEHICLES ON SNOWMOBILE TRAILS
11:00 A.M. JEREMY SMITH - DCDI - Cable Franchise
11:15 A.M. JOANN WILSON - Forest Service update on Pole Canyon Creek/Smokey Canyon Mine
11:30 A.M. GARBAGE FEE
11:45 A.M. GARTH BOEHME - Bear Lake Soil & Water - Annual Budget Funding Request
LUNCH
1:30 P.M. DEE JOHNSON - SEDHD - Solid Waste at Landfill
1:45 P.M.
2:00 P.M. AMBULANCE SERVICE
2:15 P.M. RAY ELLIOTT - Aspen Creek Meadows Subdivision - Request for reduction of completion bond
2:30 P.M. JUDY GEORGE - Planning Proposal
2:45 P.M. BRAD AUGER - County Taxes, Budget, Zoning/Development Changes, etc.
UNFINISHED BUSINESS
Road & Bridge/Solid Waste Issues
NEW BUSINESS
Road & Bridge/Solid Waste Issues
Approve January's Bills/Minutes
Executive Session - Medical Assistance Claims/Personnel Issue
Records Retention Resolution
Junior College Residency Applications
Beer, Wine License - Jeffrey Lui - Montpelier Grill
Resolution for Minnetonka Cave Road
Road Standards for digging across County Roads
Encroachment permits for digging across County
Right-of-Ways
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