1/14/08 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met on Monday, January 14, 2008, beginning at 9:00 A.M. in the School District #33 Board Room in Paris, Idaho. Members present were Vaughn N. Rasmussen, Chairman, Dwight L. Cochran, Montain D. Kunz, and Colleen Freeman, Deputy Clerk for Kerry Haddock, Clerk who is out of the County on vacation.

Ardee Helm, Prosecuting Attorney, Rosa Moosman, Editor of the News-Examiner, Sheriff Brent Bunn, Treasurer Rodney Wallentine, Assessor Lynn Lewis, Rex Skinner, Griffith Lloyd, Bill Stock, Todd Transtrum, Conrad Michaelson, and Richard Armatage.

JUVENILE DETENTION CENTER
Chairman Rasmussen gave a brief update on the District VI Juvenile Detention Center Board Meeting held in Pocatello that Clerk Haddock and he had attended on December 19, 2007. He said that the Detention Center wants to enlarge their current facility, which Clerk Haddock had told them at the meeting that Bear Lake County was not in support of this as they do not have the money to help with the expansion. The vote however, was passed to go ahead with the expansion, which left Bear Lake County with a construction cost of $102,600, thus Bear Lake County sold ½ of a bed to Power and Franklin Counties, which took the construction and operating costs down to $51,300. After the construction is completed, Bear Lake County will go back to 1 bed at the facility. Chairman Rasmussen noted that Bear Lake County has only been averaging ½ of a bed for the last few years.

MINUTES APPROVED
After reviewing the minutes of the December 10, 2007 regular meeting, Commissioner Kunz made a motion seconded by Commissioner Cochran to approve the minutes as written. Motion was unanimous.

HOSPITAL BOARD REAPPOINTMENTS
Commissioner Cochran made a motion, seconded by Commissioner Kunz to reappoint Maxine Matthews and John Tippets as members to the Hospital Board for another 3 years. Motion was unanimous.

CERTIFICATES OF RESIDENCY - JUNIOR COLLEGE
Commissioner Kunz made a motion, seconded by Commissioner Cochran to approve the following applications for junior college certificates of residency for the spring 2008 semester: Krystal Rae Derricott, Emily Lou Spencer, Austin Mark Christensen, Jose Guadalupe Contreras, Lyndsey VanDarlin, and Malkey Steven Brown. Motion was unanimous.

HOMELAND SECURITY GRANTS
Alan Eborn, EMS Coordinator presented and discussed 3 Homeland Security Grants for the Commissioners review and approval. The first is a grant for $70,000 to go into the new 2007 budget, which specific line items in the budget are yet to be determined. The second is an EMPG Grant, for $1,500 to supplement Mr. Eborn's salary. Every county in the State of Idaho has an emergency manager and part of the funding is a match paid by the county and part by the federal government. The third grant will come out of the 2006 budget to fund the broadband project to upgrade the routers and servers that are placed in the basement of the Courthouse. Bear Lake County through the Homeland Security Grant Program will purchase the equipment and ITD will install it.

Mr. Eborn noted that the 60 foot radio tower will be installed directly east of the Sheriff's Office to allow for the dispatch center to be up and running there. Attorney Helm reminded Mr. Eborn to obtain a building permit from the City of Paris to install the 60 foot tower.

Mr. Eborn also noted that he is applying for a $250,000 grant through Homeland Security for a 700 megahertz upgrade at the Hell Hole repeater site. Did not receive the grant the first time and since then have reapplied for a $300,000 grant, but haven't heard anything yet. The State of Wyoming would like to connect with Idaho on this radio communication repeater site.

Greg Skinner, Road Supervisor joined the meeting in progress.

MILL CANYON SNOWMOBILE PARKING LOT
Commissioners discussed with Alan Eborn, Snowmobile Committee and Road Supervisor Skinner the litigation problem involving the Mill Canyon Snowmobile parking lot. Presently, and until the problem is resolved, the County has made a temporary snowmobile parking area North of the old Lyman Hymas home on Lanark.

After discussion with Attorney Helm, Alan Eborn will talk with the Tri-County Snowmobile Committee and asked for their approval of using money from the fund to purchase the already designated piece of property up Mill Canyon. Attorney Helm will talk with the property owner's attorney and give a figure of $3,000 for the ¼ acre of land to be purchased for the Snowmobile Parking site.

ELECTED OFFICIALS MEETING
Sheriff Brent Bunn presented his monthly report for December 2007 and his yearly report for 2007. Assessor Lynn Lewis noted that they are working with the State on their new Tax Administration Program they will be converting to. March 31, 2008 is the cut off date for certifying values in the County. Attorney Helm noted that he had presented a carpet bid from EZ to Plez to recarpet 1 room in the basement where his office will be for $967.56, which the Commissioners approved.

BOARD OF EQUALIZATION
Commissioner Kunz made a motion, seconded by Commissioner Cochran to convene a Board of Equalization to review 2 missed personal property rolls for Western States Equipment and H & E Equipment Services, Inc. No one appeared to contest the assessments. Commissioner Kunz made a motion, seconded by Commissioner Cochran to approve the missed personal property rolls.

Attorney Helm noted that the case with Louis Pope and the Motel was now settled.

After reviewing the rolls, Commissioner Kunz, made a motion, seconded by Commissioner Cochran to recess the Board of Equalization and to reconvene the regular meeting. Motion unanimously carried.

Allen Harrison, Regional Commission and Mitch Poulsen, Planning and Zoning joined the meeting in progress.

COMMITTEE ASSIGNMENT REPORTS
Chairman Rasmussen reported that he, Griffith Lloyd, Marden Phelps, Reed Peterson, and Sheriff Bunn had visited Burley and American Falls to look at their Police forces for a possible Countywide Police force in Bear Lake County. He noted that ICRMP had sent out a new updated 2008 Personnel Policy manual for all Idaho Counties to review and asked for Attorney Helm to review it with him. It was noted that after a review of the policy, that the County's comp-time and holiday pay will be put on the agenda for February's meeting. Chairman Rasmussen noted that he is putting together a running action list for items in the County that need to be taken care of with a due date, who it is assigned to, and the date it is completed, so that things are for sure being taken care of.

BEAR LAKE MULTIUSER PATHWAY
Mitch Poulsen, Planning and Zoning met with the Commissioners to discuss and review a support letter for continuation of the multiuser pathway and to adopt a resolution. The total cost of the pathway is $347,383. $321,885 comes from the Federal Government. The matching funds come to $25,498, which can be either in kind or cash funds.
Commissioner Cochran made a motion, seconded by Commissioner Kunz to sign the support letter for the multiuser pathway agreement and to also approve Resolution #2008-03 for the Multiuser Pathway Phase II.

RESOLUTION #2008-03

RESOLUTION IN SUPPORT OF
PHASE 2 OF THE BEAR LAKE MULTI-USER PATHWAY

WHEREAS, Bear Lake County and the Idaho Transportation Department are negotiating an agreement to construct Phase 2 of a multi-user Pathway;

NOW THEREFORE BE IT RESOLVED: That Bear Lake County supports Phase 2 of the multi-user pathway and agrees to pay the required matching funds and to provide long term maintenance of the pathway and that Mitch Poulsen will act as liaison for Bear Lake County for the purpose of administrating the Pathway agreement.

PASSED AND APPROVED this 14th day of January, 2008.

BEAR LAKE COUNTY COMMISSIONERS

/s/ Vaughn N. Rasmussen____________
VAUGHN N. RASMUSSEN, Chairman

/s/ Dwight L. Cochran_______________
DWIGHT L. COCHRAN

/s/ Montain D. Kunz________________
MONTAIN D. KUNZ

ATTEST:__________________________________
COLLEEN FREEMAN, Deputy Clerk

EAST SHORE SEWER FEASIBILITY STUDY
Mitch Poulsen, Planning and Zoning also discussed with the Commissioners the East Shore Feasibility study project and asked for a match requirement from the County. Chairman Rasmussen didn't feel comfortable with supplementing the sewer project as the County is already in a financial crunch.

Attorney Helm suggested putting a moratorium on building in that area to keep from having to do a feasibility study and to establish a sewer district there.

Roy Bunderson joined the meeting in progress.

BEAR LAKE SOIL AND WATER CONSERVATION DISTRICT
JoAnn Taylor, James Hardcastle, Jeff Bartschi and Jay Howard met with the Commissioners to present a powerpoint presentation of their accomplishments and money allocations for the past year of 2007. They asked for the same budget amount as last year from the County.

JAIL COMMITTEE
Griffith Lloyd, jail committee met with the Commissioners to discuss his concerns of a jail facility and the contracts involving the building of and time spent if a bond were to pass in the County. He noted that the jail committee is in total favor of bonding for and building a jail facility in the County.

Chairman Rasmussen said he was concerned with deficit spending as a jail was definitely not a money making deal.

Mr. Lloyd also expressed to the Commissioners the need he felt for 2 additional Commissioners to be on the Board making a 5 Commission Board. He felt this would help relieve some of the work loads being placed on them and to help resolve the open meeting law issues. He also voiced his concern about there being no representation in the County at the Legislative level.

COUNTY SNOWPLOWING/SCHEDULING AND BENEFITS
Roy Bunderson met with the Commissioners as a concerned citizen to discuss the County's snowplowing policy. He presented a list from 2002 that he had obtained from the Clerk's Office, which listed a number of private roads around the county, which were being plowed. Supervisor Skinner presented a current list of what he knows is currently being plowed in the county. Commissioners reviewed both lists and discussed the county policy.

Mr. Bunderson also noted he had a proposal to resolve overtime issues with the Road & Bridge Department. Chairman Rasmussen stated that this issue will be discussed next month after Attorney Helm and himself would be able to review the new updated 2008 County personnel policy manual from ICRMP.

AMBULANCE BID OPENING
Rhett Phelps, Ambulance Service and Mason Miles with Professional Sales and Service were present for the previously advertised Ambulance bid opening. Commissioners opened 1 bid submitted for 1 new Ambulance from Professional Sales and Service for $132,981.00. Commissioner Kunz made a motion, seconded by Commissioner Cochran to accept the only bid submitted, subject to Mr. Phelps or a member of the ambulance service reviewing the bid. Motion was unanimous.

RELICTED LANDS
Eulalie Langford and Earl and Meriel Monical with Love Bear Lake addressed several items such as the need for restroom and garbage facilities along the lake as well as public access into certain areas on the north and west sides. She also talked about the costs for an officer and a vehicle from the Parks and Recreation to help patrol these areas of the lake. Commissioner Rasmussen said that he was concerned with enforcement issues by opening more areas of the lake to the public.

Eulalie also addressed the letter that was written by the Commissioners to the Legislature in 2006 that she would like to see written to them again, but with an addition of an estimated cost.

Commissioner Kunz made a motion, seconded by Commissioner Cochran to write a support letter to the Legislature as discussed with a minimum modification of adding a dollar amount. Motion unanimously carried.

PLANNING AND ZONING - RESOLUTION 2008-04
Judy George, Planning and Zoning Chairman presented a resolution for the Commissioners approval regarding a $50,000 Idaho Gem Grant application for the Bear Lake Economic Development.

Commissioner Kunz made a motion, seconded by Commissioner Cochran to approve Resolution #2008-04.

RESOLUTION #2008-04

WHEREAS, the Bear Lake County Commission is interested in the economic health of the community and its citizens; and

WHEREAS, the Bear Lake County Commission wishes to support and encourage appropriate efforts within the community that promote economic development of the community and the economic well-being of its citizenry; and

WHEREAS, the Idaho Department of Commerce is offering a program specifically designed to help rural Idaho communities implement economic development strategies/projects and,

WHEREAS, this program is entitled the Idaho Gem Grant Program,

NOW, THEREFORE, BE IT RESOLVED, that the Bear Lake County Commission hereby supports and endorses and Idaho Gem Grant application for the Bear Lake Economic Development Action Plan project;

BE IT FURTHER RESOLVED, that the Bear Lake County Commission designates Kerry Haddock, the County Clerk as its administrative agent for this grant.

This Resolution is in full effect upon its adoption this 14th day of January, 2008.

______________________________________________
Vaughn Rasmussen, Chairman
Bear Lake County Commissioners

ATTEST:________________________________
Colleen Freeman, Deputy Clerk

TAXES
Ryan Shaul met with the Commissioners asking that a Homeowner's Exemption be granted, as he knows that they applied for one. Assessor Lewis said he couldn't find any paperwork in his office whereby Mr. & Mrs. Shaul had applied for a Homeowner's Exemption. The Commissioners told Mr. Shaul that they couldn't help him this time, but to make sure he filled out the paperwork for this year.

SOLID WASTE ISSUES
Greg Skinner, Road & Bridge Supervisor and Todd Transtrum, Weed and Landfill Supervisor gave a slide presentation and discussed with the Commissioners the need for a scale to weight garbage at the landfill. This would help the landfill keep in compliance with their record keeping, inspections, and collecting appropriate fees. There would be some disadvantages such as, the costs of purchasing and employment. It was discussed whether this would be the best way to go or to charge by the yard or different sizes of vehicles.

Commissioners asked for Greg and Todd to obtain bid specs: 1 for the 40 foot scale and 1 for the 70 foot scale for them to review at their next meeting.

EXECUTIVE SESSION
Commissioner Kunz made a motion, seconded by Commissioner Cochran to convene an executive session per Idaho Code 67-2345(1) to discuss a personnel issue, medical assistance claims and to also discuss a real estate matter. All Commissioners voted yes.

Following the executive session, Commissioner Kunz made a motion seconded by Commissioner Cochran to reconvene the regular meeting and to make the following decisions regarding medical assistance claims:

MEDICAL ASSISTANCE CLAIMS
#2007-41 - Denied - Bear Lake Memorial Hospital 3rd Party Applicant/Provider withdrew application; Not medically indigent; Not last resource.

COMMISSIONER DISTRICTS
Commissioner Kunz, made a motion, seconded by Commissioner Cochran to approve the Commissioner Districts for Bear Lake County as currently exists with no changes.

OPEN MEETING LAW LETTER
Chairman Rasmussen read a letter of update addressed to Attorney Helm from Robert O. Eldredge, Attorney regarding the February 7, 2007 Open Meeting Special Prosecutor appointment case whereby Rosa Moosman, Editor for the News-Examiner made a complaint. Attorney Eldredge noted that he hopes the Commissioners do better in their open meeting responsibilities and has closed the file and will not be billing the County for his services.

Reed Peterson, Don Toomer, Joel Packham and Steve Allred joined the meeting in progress.

IDAHO ASSOCIATION OF HIGHWAY DISTRICTS
Stuart Davis, Executive Director of the Idaho Association of Highway Districts met as requested by the Commissioners to give a briefing and discuss the pros and cons of forming a highway district in Bear Lake County. Mr. Davis explained the amount of highway miles that are necessary in a County to form a district and the 3 types of Highway Districts that can be formed. Mr. Davis explained that there was not a significant difference in funding a Highway District vs. County funding other than it involves another level of administration and funding of that level of administration (3 extra Commissioners over the district) as well as a Road Foreman. Cost of administration over the district is the biggest disadvantage and the County Commissioners would still work with the Highway District Commissioners regularly.

Many questions were discussed such as Ballot issues, which would involve a simple majority of those who voted to pass the district in a General Election only, levies, impact fees by resolution for capacity improvement, etc.

Commissioners thanked Mr. Davis for attending the meeting and giving valued information for them to consider when making a determination.

CANCELLATION OF TAXES
Treasurer Wallentine presented the Commissioners with 5 tax cancellations for the year 2007 for their review and approval.

Commissioner Kunz made a motion, seconded by Commissioner Cochran to approve tax cancellations for the following people: Terrall Christensen - Construction garbage charged in error - $300.00; Sylvia D. Miller - Double garbage assessment also on #60069 - $126.00; Doug Bingham - Sewer never hooked up per sewer district - $212.46; Charles F. Keller - Assessment Error - $397.92; Blake Church - Garbage charged in error - $126.00. Motion unanimously carried.

BILLS
Commissioner Cochran made a motion, seconded by Commissioner Kunz to approve for payment the bills for December 2007.

Meeting adjourned subject to recall by the Chairman or his order.
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1/14/08 Commissioners Meeting Notice (to be held in the school administration office in Paris, Idaho):

9:00 A.M. Juvenile Detention Center Ownership Change

9:10 A.M. ALAN EBORN - Homeland Security Grants

9:15 A.M. ELECTED OFFICIALS MEETING

9:25 A.M. BOARD OF EQUALIZATION

9:30 A.M. Committee Assignment Reports

9:45 A.M. MITCH POULSEN - East Shore Sewer Feasibility/Bear Lake Pathway

10:00 A.M. Bear Lake Soil & Water Conservation District

10:15 A.M. GRIFFITH ALLEN LLOYD - Jail Committee and other proposals

10:30 A.M. ROY BUNDERSON - County Snow plowing policy/Scheduling and Benefits

10:45 A.M. " "

11:00 A.M. AMBULANCE BID OPENING

11:05 A.M. RELICTED LANDS

11:15 A.M. JUDY GEORGE - County Planning and Zoning - Resolution For Grant Money for Comprehensive Plan

11:30 A.M. DENNY SHAUL - Taxes

11:45 A.M. SOLID WASTE ISSUES

12:00 P.M. EXECUTIVE SESSION - PERSONNEL ISSUES/MEDICAL ASSISTANCE CLAIMS

LUNCH

1:00 P.M. STUART DAVIS - Idaho Association of Highway Districts

1:30 P.M. " "

1:45 P.M. " "

2:00 P.M. " "

UNFINISHED BUSINESS
Road & Bridge/Solid Waste Issues

Mill Canyon Snowmobile Parking

NEW BUSINESS
Approve November's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims

Commissioner Districts

Junior College Certificates of Residency

Tax Cancellations

Hospital Board Appointments

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