2/9/09 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, February 9, 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.

Brent Bunn, Sheriff, Rodney Wallentine, Treasurer, Lynn Lewis, Assessor, Roger Jones, Prosecuting Attorney, Greg Skinner, Road and Bridge Supervisor, Rosa Moosman, Editor of the News-Examiner, Claudia Cottle, Jesse Taylor, Bill Pettis, Bill Stock and Alan Michaelson also attended the meeting.

AGENDA
Items added to the agenda were NACO Prescription Card Program, Juvenile Program Agreement and Planning & Zoning support. Commissioner Kunz made a motion seconded by Commissioner Romrell to accept the agenda as amended. Motion carried.

COMMISSION CHAIRMAN
Commissioner Kunz made a motion seconded by Commissioner Romrell to retain Commissioner Rasmussen as Chairman. Motion carried.

MINUTES APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the minutes of the January 12, 2009 regular meeting and the January 27, 2009 special meeting. Motion carried.

ELECTED OFFICIALS MEETING
Sheriff Bunn presented his monthly report for January. The average prisoner population was 8.9 per day. He reported that he was working with Montpelier Chief Butler to form a neighborhood watch program. He also reported that he was working with surrounding Counties on a regional response team and a regional drug task force. A representative of the State 911 Emergency Communications Commission visited recently regarding $250,000 in grant funds that would be available to upgrade our communication equipment to enhance 911. Sheriff Bunn reported that the Idaho State Police were cutting patrols due to budget cuts and would not provide Holiday coverage this summer. The Commissioners agreed to draft a letter to ISP supporting Holiday coverage in Bear Lake this summer. Assessor Lynn Lewis reported on the property tax reduction program (circuit breaker). Treasurer Rodney Wallentine presented some tax cancellations. Following a short discussion Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the cancellations for $898.00. Motion carried.

IRRIGATION PROXY
Commissioner Romrell made a motion seconded by Commissioner Kunz to authorize Rodney Wallentine to represent the County at the West Fork Irrigation Company meeting. Motion carried.

HEALTH DEPARTMENT QUARTERLY REPORT
Leslie Talbot, Tiffany Preston and Jessie Anglesey, Southeastern Idaho Drastic Health Department representatives, presented their quarterly report to the Commissioners. They reported 522 flu clients and 242 other immunization clients for the quarter. There were 625 WIC clients, which was a substantial increase over previous quarters. They reported on proposed legislation raising food inspection fees.

RESOLUTION #2009-02 - DESTRUCTION OF RECORDS
Commissioner Romrell made a motion seconded by Commissioner Kunz to adopt Resolution #2009-02 for the destruction of County records in the Clerk's Office prior to 2004. Motion carried.

RESOLUTION #2009-02
(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 2004
" Check Registers
" Schedules of Bills to be Paid
" Budgetary Transaction Journal
" Redeemed Warrants
" Revenue Journal
" General Fund Journal
" Cancelled Warrants
" Claim Forms

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 9th day of February 2009.

STRATEGIC ALLIANCE PARTNERSHIP
The Strategic Alliance Partnership presented a letter to the Commissioners asking that future development applications require evidence that adequate water quantity is acquired and quality requirements be met prior to approval. They also asked that water be included in all discussions and public hearings for future developments.

Todd Transtrum, Roy Bunderson, Reed Peterson, Mitch Poulsen, Judy George and John Nelson joined the meeting in progress.

LHTAC GRANT RESOLUTION 2009-3
Greg Skinner asked the Commissioners to pass a resolution supporting a grant application to the Local Highway Technical Assistance Council to rebuild the Minnetonka Cave Road. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the Resolution. Motion carried.

RESOLUTION #2009-3

CITY, COUNTY, OR HIGHWAY DISTRICT
RESOLUTION

EXTRACT FROM THE MINUTES OF A REGULAR OR SPECIAL MEETING OF THE COMMISSIONERS OF THE BEAR LAKE COUNTY OF PARIS, IDAHO HELD ON FEBRUARY 9, 2009

The following Resolution was introduced by Commissioner Vaughn Rasmussen read in full, considered and adopted:

RESOLUTION NO. 2009-03 OF THE BEAR LAKE COUNTY, IDAHO, SUPPORTING THE PROJECT IDENTIFICATION SUBMITTAL FOR THE CONSTRUCTION OF THE MINNETONKA CAVE ROAD TO THE LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL, (LHTAC). TOTAL PROJECT COST ESTIMATE IS $2,121,000.00, 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 BOARD OF BEAR LAKE COUNTY COMMISSIONERS AND APPROVED BY THE BOARD OF BEAR LAKE THIS 9TH DAY OF FEBRUARY, 2009.

PLANNING AND ZONING CONCERNS
Janette Gailey met with the Commissioners to express some concerns regarding the Planning and Zoning Commission. She presented a list of Planning and Zoning members and their length of service. She questioned the method of selecting members and the number of successive terms served by some members. The Commissioners explained that it was sometimes difficult to find good members who are willing to serve. They had advertised previous openings with very little response. They also explained that the Chairman was chosen by the Board annually.

ROAD AND BRIDGE REPORT
Greg Skinner presented his monthly report to the Commissioners. He noted some complaints regarding diking and fence damage. Some of the County roads are narrow and fences are too close to the road. Comp time is down significantly compared to last year due to the lack of storms. The Commissioners will discuss road designations in their next meeting.

BUILDING INSPECTION UPDATE
County Building Inspector Wayne Davidson met with the Commissioners. He requested to establish a Board of Appeals per the Idaho Code for people who don't like decisions of the inspector. He also informed the Commissioners that he would soon be licensed to do Mechanical inspections and would like to adopt the Mechanical Code. This would allow him to collect fees instead of having the State do the inspections and collect the fees. The Commissioners agreed to adopt the code after having a public hearing on the adoption of the new fees. Mr. Davidson also stated that he would like to establish an expiration time for building permits.

AIRPORT GRANT ACCEPTANCE
Commissioner Romrell made a motion seconded by Commissioner Kunz to accept an Airport grant from the FFA to repair runways and replace the beacon with a new one. Motion carried.

BLACK BEAR UPDATE
Bruce Barrett and Ted Galovan presented an update on the Black Bear Mountain Resort. They reported that due to the economic downturn things were progressing slowly. They were working on water and engineering. The slow economy and lack of available credit had caused them to miss some financial timelines and they asked the Commissioners for additional time. The Commissioners expressed some concern with reports of unpaid businesses in the County. They stated that credit markets seemed to be easing slightly and they expected to secure loans to clear up these problems very soon. Overall they had very little debt. Bruce explained their new organization structure. The Commissioners asked them to come back in April to give another update.

PRESCRIPTION DRUG PROGRAM
Commissioner Romrell discussed a prescription drug program sponsored by the National Association of Counties that would help uninsured County residents with prescription costs. The Commissioners agreed to take steps to implement the program.

BEAR LAKE REGIONAL COMMISSION REPRESENTATIVE
After a short discussion Commissioner Romrell made a motion seconded by Commissioner Kunz to retain Commissioner Rasmussen as the Commission's representative to the Bear Lake Regional Commission. Motion carried.

PUBLIC COMMENT
The Commissioners held a public comment period. Rosa Moosman felt that the representative to the Regional Commission should not be rotated as experience and familiarity were important. She also pointed out some problems with the zoning survey in Liberty. Mike Derricott suggested that all road and water issues needed to be settled prior to any excavation in future developments. Bill Pettis reported on the Water Resources meeting with Black Bear Resort and Protestants. Richard Nelson felt that an estimate of 8 to 9 months to resolve water issues was optimistic and questioned whether the Resort was viable. Claudia Cottle stated that she would send a list of unanswered questions from water meeting to the Department of Water Resources. Bill Stock suggested that all County roads should be classified as primitive for development purposes until the developers brought them up to County standards.

EXECUTIVE SESSION
Commissioner Kunz made a motion seconded by Commissioner Romrell to convene in an executive session per Idaho Code 67-2345(1)(a, d and f ) to discuss medical indigent claims, personnel issues and legal 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 claims:

Case No. 2005-41 - Approved - Medically Indigent, Obligated County, Last Resource, Emergency Need, Medically Necessary.

Case No. 2008-27 - "Final Denial" - Provider - Bear Lake Memorial Hospital withdrew appeal/application, Not Medically Necessary, Not the Last Resource, No Emergency Exists.

Case No. 2008-37 - Approved - Medically Indigent, Obligated County, Last Resource, Emergency Need, Medically Necessary.

Case No. 2008-30 - Denial "Upon Reconsideration" - Provider, Bear Lake Memorial Hospital - withdrew appeal/application, Not Medically Indigent, Not Last Resource.

PLANNING AND ZONING REPORT
Judy George and Mitch Poulsen presented an update from Rick Fawcett regarding several Planning and Zoning issues. He has a new employee working on the County's comprehensive plan. There is grant money available for an Economic Development Plan for Bear Lake County, which Whisper Mountain will apply for on behalf of the County. Affordable housing is on hold until funds are received from Black Bear Mountain. Work on the Transportation Overlay is also waiting for funding. Sources of funding that will be pursued are grants from Homeland Security and LHTAC. Mr. Fawcett is also working on a different method to get Ag 5 Zoning.

REGIONAL ECONOMIC DEVELOPMENT
Kathy Ray gave an update to the Commissioners on the 4-County Economic Development Office. She reported that Premier Technology would be holding a seminar in Montpelier this month on the Rural Outreach Partnership. She stated that Triad Resorts is still planning on construction of their manufacturing plant this spring. She also informed the Commissioners that the 4-County organization was part of Eastern Idaho Partnership.

MONTPELIER CITY HALL UPDATE
Mayor Reed Peterson and Councilman Allen Lloyd met with the Commissioners to update the plans for the City Hall. They wanted the Commissioners informed as the County uses a Courtroom and a Probation office in the building. They have four alternatives from the engineers and will be making a decision on how to proceed soon.

HOUSING COALITION
Mayor Peterson and Judy Hyde met with Commissioners. They would like to combine the Montpelier and Bear Lake County Housing Coalitions with Judy as Chairman. They will get a copy of the City bylaws to the Commissioners.

LOC TRUST AGREEMENT
Commissioner Romrell made a motion seconded by Commissioner Kunz to authorize Prosecuting Attorney Roger Jones to sign an agreement for the County on a negotiated law suit settlement. Motion carried.

TERRACE AT BEAR LAKE - FINAL PLAT
Gary McKee presented the final plat for the Terrace phase of the Reserve at Bear Lake. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the final plat subject to fee payment. Motion carried.

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

REPORT GRAND TOTAL . . . . . 489,384.64 344
TOTAL VOID/CANCEL . . . . . 225.00 * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
489,159.64

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

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2/9/09 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. SEDHD - Leslie Talbot, Tiffany Preston & Jessie Anglesey - Quarterly Report

9:45 A.M. ALAN MICHAELSON - Strategic Alliance Partnership

10:00 A.M. JANETTE GAILEY & RYAN OLSEN - Planning and Zoning Issues and Concerns

10:15 A.M. ROAD DEPARTMENT CONCERNS

10:30 A.M. WAYNE DAVIDSON - Building Permit Concerns

10:45 AM. BLACK BEAR RESORT UPDATE

11:00 A.M. " "

11:15 A.M. GARY TEUSCHER - Annual Audit

11:30 A.M. PUBLIC COMMENTS

11:45 A.M. EXCECUTIVE SESSION - Medically Indigent Claims/Pending Litigation/Personnel

LUNCH

1:00 P.M. JUDY GEORGE & MITCH POULSEN, PLANNING AND ZONING - Progress Report from Rick Fawcett

1:15 P.M. KATHY RAY - Regional Economic Development Specialist - Update 4 CASI

1:30 P.M. MAYOR REED PETERSON - City of Montpelier; City Hall Remodel

1:45 P.M. MAYOR REED PETERSON & JUDY HYDE - Housing Coalition

2:00 P.M. GARY MCKEE - Final Plat - Terrace at Bear Lake

2:15 P.M.

2:30 P.M.

2:45 P.M.

3:00 P.M.

UNFINISHED BUSINESS
Road & Bridge/Solid Waste Issues

Bailey Creek Road

NEW BUSINESS
Approve January's Bills/Minutes

Road & Bridge/Solid Waste Issues/Work Schedule

Records Retention Resolution

West Fork Irrigation Proxy

GEM Plan Board Member

Resolution for LHTAC Grant Application

Bear Lake Regional Commission Representative

Commission Chairman

Tax Cancellations

Translator Letter

Airport Grant

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