1/18/05 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Tuesday, January 18, 2005, at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present: Don C. Clark, Chairman of the Board, Dwight L. Cochran, Conrad Michaelson and Colleen Kelsey, Deputy Clerk for Joan P. Eborn, Clerk of the Board.

Vaughn Rasmussen, Commissioner Elect, Greg Skinner, Road Supervisor, Rosa Moosman, Editor for the News-Examiner, Bill Stock, Mike Derricott, Al Harrison, Paul Underwood and Steve Allred were also present.

Commissioner Michaelson offered the opening prayer.

MINUTES APPROVED
Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve the minutes for their regular meeting held December 13, 2004 as presented by Clerk Eborn. Motion unanimously carried.

ROAD & BRIDGE/SOLID WASTE ISSUES
Commissioner Michaelson discussed a five counties meeting recently held in Pocatello that he attended where they discussed a new cloud seeding organization that is being proposed to the legislature, which would provide more precipitation for the Snake River Basin. The counties old cloud seeding machines would be turned over to the new organization formed, therefore hopefully making it a government funded program. However, by forming this organization, there would be some counties left out. Commissioner Michaelson noted he thought it would be best to have this done by individual drainage basins.

Commissioner Michaelson also discussed the Montpelier Canyon reconstruction project whereby he recently spoke with an Idaho Transportation Engineer who approved the State Transportation Department taking the overburden from the road to the landfill for surplus coverage. He also said he is opposed to using $50,000 to drill a new well at the landfill at this time. Road Supervisor Skinner said that they would be moving down the roadway at the landfill, capping the old well and will have to have a new well drilled. Commissioner Michaelson said they would need to discuss this issue with DEQ to decide what would be best to do and where to place the new well if necessary.

Some discussion ensued in regards to how long the present landfill site will last, Skinner felt by fall the county may need to look at another site. He also said the new garbage truck is being put together and will be delivered by the first part of April.

ELECTED OFFICIALS MEETING
Assessor Lynn Lewis informed the Commissioners that some of the equipment in the courthouse is in need of being replaced. It is 15 to 20 years old and there are no longer parts, toner or service available for it. He said he has been looking at a new machine that is a plotter, copier, and scanner all in one. This machine would allow old records to be copied and kept as well as other functions and allow them to continue working. He presented copies of maps depicting what the machine is capable of reproducing.

Assessor Lewis said that after researching the capabilities and dollar figures for a machine, Bonneville Blue Print offered to sell a Demo to him for $16,000. Prior to the time he got back to them they had sold the Demo but then agreed to sell him a new one for the same price.

Commissioner Cochran made a motion, seconded by Commissioner Michaelson to accept the proposal from Bonneville Blue Print for $16,000 as presented by Assessor Lewis. The payment would come out of the Courthouse Capital Account. Motion was unanimous.

BOARD OF EQUALIZATION
The Commissioners reviewed a hardship application for Randy Biggs, asking to cancel his garbage tax plus penalty and interest amounting to $123.21. Later in the day, the Commissioners acted unanimously to grant Mr. Biggs the Hardship Exemption.

PREDATOR CONTROL
After discussing the problems in the County with the predators, Commissioner Cochran made a motion, seconded by Commissioner Michaelson to pay $3,000 for Predator Control. Motion was unanimous.

PLANNING AND ZONING
Mitch Poulsen, Planning and Zoning Administrator and Mike Jaglowski, Engineer with Keller Associates gave a brief presentation on the purposed Bear Lake Bike Path explaining the 5 phases of the project that have been drafted which will eventually go entirely around the lake. There would be bike and pedestrian paths with a number of options to consider when constructing them along the roadways.

Mitch noted that the total construction cost involved at this time would be $590,400 and asked the county for a letter of support for 2 to 10% in matching funds or in-kind work. He also noted that there could be funds available from the Parks and Recreation that could be used to help with the project. The earliest start date for this project would be in the year 2008, giving them time to plan and obtain more resources.

Mitch said they have discussed this project with the City of St. Charles and Fish Haven residents and have received good support from them.

Mr. Jaglowski said typically the best way to handle this is by forming a recreation zone or a Parks and Recreation District in this particular area to assess an impact fee on the new developments and to equitably distribute money between all property owners within the Recreational District to pay for the operation and maintenance of it.

Mike Derricott, Planning and Zoning Chairman stated that the board gave their recommendation for this project as long as no money whatsoever would come out of the taxpayers pockets.

Later during the meeting, Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to write a letter of support to the Bear Lake Regional Commission that Bear Lake County will facilitate the matching funds. Motion unanimously carried.

Clerk Joan P. Eborn joined the meeting in progress.

HOSPITAL BOARD MEMBERS - INDIGENT MEDICAL
Mary Bateman, Chairman of the Hospital Board and Rod Jacobson, Hospital Administrator discussed a letter previously mailed to Commissioner Michaelson who's been the Commissioner's representative on the Hospital Board regarding recommendations for Hospital Board members. As such, Commissioner Michaelson made a motion releasing Wendell Johnson and Drue Smith with a vote of thanks as their terms had expired and neither was seeking re-appointment. To also appoint Maxine Matthews and Mark Harris as regular hospital board members for three-year terms and to appoint Barbara Hayes as an ex-officio board member. Commissioner Cochran seconded the motion. Motion was unanimous.

Rod Jacobson stated the Hospital Budget is over 14 million. They are required to provide medical treatment to anyone and around 4½ million is un-collectible therefore they will be forced to take advantage of the Idaho medical indigent statute advising those unable to pay to contact the county for assistance in the future.

BEAR LAKE AMBULANCE - ALCOHOL & DRUG TESTING - BUILDING SPACE
Don Edgehill and Richard Gleed, members of the EMT Presidency met with the Commissioners to ask about the possibility of drug and alcohol testing for the EMT's. And to inform them of the need for additional space at the Ambulance building.

The county will check with Minert & Associates to see if the EMT's random drug and alcohol testing could be handled in the same manner as the county employees. Costs for testing amounts to $80 per test.

They said they are in serious need of additional rooms in the building and more parking spaces for cars and ambulances. Gleed indicated they have some serious problems with security and feel they can't continue as they are, when EMT's are on call they also need a more secure environment to stay in. Anticipated costs to remodel the present building would be around $250,000. Funding for the project could come from a grant with SICOG with the county acting as the sponsor, using some of their organization's monies and possibility some county funds. Some time ago the Hospital offered to buy the present Ambulance Garage and they may still talk with them to see if that's still an option. Gleed felt re-modeling the existing building versus a new building is a less expensive way to provide for their needs both now and in the future.

FAIR BOARD
Max Bunderson and Larry Eborn, Fair Board Members met with the Commissioners informing them the past Fair Board had incurred a bill of $4,135 for a sound system purchased in July of 2003. They don't want the payment to come out of the FY 2005 Fair Budget. As such Commissioner Michaelson made a motion seconded by Commissioner Cochran to pay for the sound system out of the contingency portion of the Current Expense Budget. Motion unanimously carried.

Tiffany Preston has been selected as the new Fair Board Secretary and they feel she will do a good job.

TAX CANCELLATIONS
Commissioner Michaelson made a motion based upon information from the County Treasurer to cancel tax as follows: 2001 Personal Tax - $56.76 and 2002 Personal Tax - $50.62, phones had been removed. 2004 Personal Tax - $656.06, trailers were licensed, the garbage charged on real property, owner exempt and 2004 Real Tax - $1,400.06, property unoccupied per the County Assessor and Homeowners Exemption that had been removed in error. Commissioner Cochran seconded the motion. Motion was unanimous.

QUARTERLY REPORTS
The Commissioners reviewed and unanimously approved the Quarterly Reports from October 1st through December 31st 2004 for the Recorder's Office, the Sheriff's Office and the Treasurer's Office.

PUBLIC DEFENDER CONTRACT RATIFIED
The Commissioners acted unanimously to ratify the Public Defender's Contract for Indigent Services signed by Chairman Clark on January 14th 2005.

PROCTOR FUNDS
Clerk Eborn informed the Commissioners there is as of December 31, 2004, $994.12 in the Proctor Trust Account wherein individuals had donated money rather than buy flowers when DeWayne Proctor died. The Probation Officer felt the monies could be used for equipment Juveniles and Adults could use as they perform ordered community service through out the county. The Commissioners acted unanimously to allow expenditures of the funds as noted.

PROBATION OFFICER
Clerk Eborn asked the Commissioners about a raise for Ron Harper, Probation Officer stating he has been an employee of the county for more than a year and is doing a great job. The Commissioners took the matter under advisement.

SOLID WASTE BIN FEE REFUND
The Commissioners acted unanimously to refund the construction bin fee of $240 paid by Theodore J. Shulsen due to a previous decision and change to the Solid Waste Fee Schedule which states that "no construction bin fee charge will be required for modular homes, metal buildings and/or garages."

PLANNING & ZONING APPOINTMENT
The Commissioners asked Mike Derricott, Chairman of Planning & Zoning Board for recommendations for someone to serve on the Planning & Zoning Commission to replace Ann Massey who resigned last month. The appointment will be on the Commissioners February Meeting Agenda.

TREASURER'S TAX REPORT
Clerk Eborn presented Rodney Wallentine, Treasurers report of tax collected as of 12/31/04. The report showed that 59% of the total 2004 real tax charge was collected or cancelled and 65% of the 2004 personal tax charge was collected or cancelled. She said the collections are about the same as in other years.

SHERIFF'S REPORT
Brent Bunn, Sheriff presented his Departments Reports of Activity for the year and the month. He informed the Commissioners Craig Bunn had shoulder surgery the 20th of December and should return to work in 6 to 8 weeks. The injury was not related to his work for the county. He reminded the Commissioners they need to conduct the quarterly jail inspection to which Commissioner Michaelson asked which jail they should inspect, as the county doesn't really have one. Sheriff Bunn said they have the new vehicle and the old one will be returned to the County sometime this week. When asked, he said it's a 1999 Dodge Durango with 140,000 plus miles. The Assessor and the Treasurer have asked for the car.

SWEARING IN CEREMONY AND ASSIGNMENTS
At Chairman Clark's request Clerk Eborn administered the Official Oath of Office to the newly elected officials, Dwight L. Cochran, Commissioner District II - four year term, Vaughn N. Rasmussen, Commissioner District III - two year term and Brent R. Bunn, County Sheriff - four year term. Ardee Helm, Jr., re-elected Prosecuting Attorney was absent from the meeting due to a jury trial being held in the Courts and will be sworn in at a later date.

After swearing in the newly elected officials, Commissioner Michaelson commented that in the future he felt the Commissioners needed to conduct all their meetings based upon Robert's Rules of Order. After a brief discussion as to how motions should be made and handled Commissioner Michaelson then made a motion to appoint Commissioner Cochran to serve as Chairman of the Board of Bear Lake County Commissioners. Commissioner Rasmussen seconded the motion. Motion was unanimous.

The Commissioners then acted unanimously to assign various responsibilities to themselves as follows:

Chairman Cochran will supervise the Fair Board, the Bear Lake Historical Society and meet with RC&D, in regards to Public Lands, the Forest Service, BLM, USDA, Soil Conservation and Rural Development. Commissioner Michaelson will supervise the Southeastern District Health Department, the Planning & Zoning Commission, the Bear Lake Regional Commission and work directly with the Idaho State Transportation Department. Commissioner Rasmussen will supervise the Airport Board, Economic Development, be the County Representative to the Hospital Board and work with all Emergency Services. All Commissioners will be involved with the Road & Bridge and Solid Waste Departments.

In the future the Commissioners will be requiring written monthly reports of activity or copies of the minutes from the various departments and boards in the county. Such as the Road & Bridge and Solid Waste Departments, the Airport Board, the Fair Board, the Hospital Board, Emergency Services, Planning and Zoning, Southeastern District Health and the Regional Commission, etc.

They also agreed to periodically shift/change their individual responsibilities and assignments.

SOIL AND WATER CONSERVATION SERVICE
James Hardcastle, Eddie Kunz and Larry Mikelson representing Bear Lake Soil Conservation District met with the Commissioners requesting funding approval for FY 2006. They purposed that the Bear Lake Soil and Water Conservation District would be responsible for: Finding 5 individuals to run the seeders, keeping a log of seeding dates and chemicals used, collect seeders at the end of season and deliver them to the County Weed Department for storage, and to deliver seeders to individuals at start of the season, contacting the Weed Department when chemicals become available and sending a written report to the County Commissioners at the end of the season and for their services the Commissioners will: give the Bear Lake Soil & Water Conservation District match credit for the $3,400 the county sends to the Franklin Soil Conservation District.

He said, the proposal will not cost Bear Lake County anymore money, but will make it possible for the Bear SWCD to receive a 2 to 1 match from State Funding for the $3,400. The Bear Lake SWCD will be able to increase technical, financial and educational resources in Bear Lake County.

Various locations of the five county cloud seeders, plus costs and wages were discussed.

The Commissioners unanimously agreed to a total allocation of $10,850 for fiscal year 2006 based upon the availability of funds at that time. The allocation includes $6,450 cash and $4,400 in-kind assistance.

SCHOOL BUILDING IN BERN
Eddie Kunz asked the Commissioners to help with building maintenance for the old school building in Bern by paying for metal roofing costs of $1,500 to $1,600. The building will soon deteriorate without a good roof. If not, would the county help to tear down and remove the building. Kunz thought the county still had some items stored there. Clerk Eborn stated a few years ago at least some of the items stored there for emergencies had been destroyed but no one was certain as to what may still be there.

The building was acquired from the School District and in years past the building was used as a museum and some historical materials are still stored there and some individuals use it at times. Warren Kunz has keys to the building if the Commissioners want to look inside of it. Their request was taken under advisement and will be placed on the February agenda for a decision after it can be determined what if anything the county still has there and if the building is actually worth saving.

NATURAL RESOURCE CONSERVATION
Larry Mikelson reported about some of the programs happening through the Natural Resources Conservation Service in the past couple of years. In 2003 they received $160,000 in cost share monies that funded 6 different contracts in the county and in 2004 another $276,000 funding 14 contracts. The monies are used to fix resource problems such as cleaning up animal feed lots, getting livestock off live streams and converting flood irrigation to sprinkler systems for conservation of water and they expect to get ¼ million dollars this year, they have 16 to 20 applicants for those funds. There will also be monies from a Pacificorp settlement agreement of $160,000 for restoration projects on the Bear River. If a person has a plan with NRCS they have a better chance of being selected. He said they feel they are doing a lot of good improving environmental conditions in the county.

ROAD & BRIDGE REPORT
Greg Skinner, Road Supervisor informed the Commissioners his department is busy with all the snowplowing. When discussing complaints in regards to fences being damanged it was noted most county right-of-ways are 60 feet wide and if a fence is in the right-of-way it may be damaged but would not be the County's problem. He voiced concern about various roads through-out the county and said when he contacted Sheriff Bunn he was informed that pursuant to Idaho Code 49-1803, property owners cannot leave their vehicles parked on county right-of-ways. He also suggested closing the road leading to the Montpelier Reservoir due to avalanche conditions. He indicated Wood Canyon Road is not open yet and it will be opened later. He said it doesn't really need to be opened because in the event of an emergency there is another access road available. He also said in talking with a supervisor from another county their costs to provide snow removal amounted to $1,100. The road to Geneva Cemetery was discussed and Skinner reported the road is narrow and not built for snow removal and there is no place to turn the equipment around in. Commissioner Michaelson feels the County still needs to continue to provide limited snow removal on that road this year at least.

Skinner informed the Commissioners there is a SCCC, Southeastern Counties Cooperative Committee, meeting comprised of five counties being held at the Search and Rescue Building up Montpelier Canyon. Dinner will be served at noon on January 20, 2005. Gene Caldwell is resigning and a new Chairman will be nominated and voted for.

He also reported they were having a MSHA training in conjunction with other private contractors in the valley.

A request to help plow snow for snowmobile hill climb was discussed and the Commissioners agreed to help this year but intend to come up with policies and procedures as to when and under what circumstances they will plow snow on private properties and roads in future years.

Meeting recessed for lunch reconvening at 1:30 P.M. to continue county business:

EXECUTIVE SESSION - VETERANS SERVICE OFFICER INTERVIEWS
Pursuant to Idaho Code 67-2345 (a) Commissioner Michaelson made a motion to recess the regular meeting and to convene an executive session to consider and conduct interviews with applicants for the Veteran's Service Officer. Commissioner Rasmussen seconded the motion. All Commissioners voted yes, motion was unanimous. At the conclusion of the interviews Commissioner Michaelson made a motion seconded by Commissioner Rasmussen to adjourn the executive session and reconvene the regular meeting. All Commissioners voted yes, motion was unanimous.

During the executive session the Commissioners interviewed two applicants Ed Lyon and Timm Toland. Commissioner Rasmussen made a motion, seconded by Commissioner Michaelson to hire Ed Lyon as the Veteran's Service Officer. Motion was unanimous. Commissioner Rasmussen offered to contact both applicants.

ANNUAL AUDIT REVIEWED
Pursuant to Idaho Code 67-450B, Gary Tuescher, CPA and Maria Tuescher presented and reviewed the FY 2004 Audit and stated that the audit is a full, true and correct statement of the financial condition of the county. In order to comply with GASB, the audit contains more information than in the past in regards to mandated assets. He also noted the county is deficit spending confirming what Clerk Eborn has been reporting for the last two years. Some of the deficit spending is due to low interest rates. In the past interest payments to the county were well over $200,000. Last year the county only received $64,000 in interest. Various county fund balances were discussed and Mr. Teuscher said the increased solid waste fee came timely for the county to comply with DEQ requirements.

MEDICAL APPLICATIONS
After reviewing applications for medical assistance the Commissioners acted unanimously to deny Application #2005-04 as no emergency existed, the county is not the last resource, the application is incomplete and the application was filed untimely.

SERVICE AGREEMENT RATIFIED
The Commissioners acted unanimously to approve a Utah Power General Service Agreement for the Airport signed by Commissioner Michaelson on January 11, 2005.

CLAIMS ALLOWED PAID
The Commissioners reviewed and approved claims submitted authorizing Clerk Eborn to make payment as follows:

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

BEAR LAKE COUNTY

DON C. CLARK
Chairman of the Board

/s/ Joan P. Eborn

JOAN P. EBORN
Clerk of the Board

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1/10/05 Commissioners Meeting Notice (postponed to 1/18/05 due to adverse weather):

9:00 A.M.

9:15 A.M. ELECTED OFFICIALS MEETING

9:30 A.M. BOARD OF EQUALIZATION - Application for Hardship Exemption

9:45 A.M.

10:00 A.M. ROD JACOBSEN & MARY BATEMAN - New Hospital Board Member & Indigents

10:15 A.M. AMBULANCE SERVICE - Drug Testing/Building Issues

10:30 A.M.

10:45 A.M.

11:00 A.M.

11:15 A.M.

11:30 A.M.

11:45 A.M.

LUNCH

1:30 P.M. PUBLIC HEARING - Comments on the Proposed Bike Path

1:45 P.M. " " " " "

2:00 P.M. VETERANS SERVICE OFFICER INTERVIEWS SWEAR-IN CEREMONY

2:15 P.M. JAMES HARDCASTLE, BETTY KUNZ, LARRY MICKELSON - Bear Lake Soil & Water Conservation District

OLD BUSINESS
Approve Minutes of Previous Meetings

Road & Bridge/Solid Waste/Garbage Issues

Bear River Bridge

Sign Schedule of Bills

School Zones - Safety

When to raise wages after probationary period of employment (6 mos/1 year)?

Solid Waste - Refund for Bin Fee

Appoint Planning and Zoning Member

Utah Power/Airport Service Agreement

Ratify Agreement for Indigent Legal Services with Attorney Steve Wuthrich

NEW BUSINESS
Review and Approve Claims Submitted

Indigent Applications

Commissioner Responsibilities Designated

Draft Ordinance for Removal of Vehicles off county roads when plowing snow

Review Quarterly Reports

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