7/13/09 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on July 13, 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.

Roger Jones, Prosecuting Attorney, Lynn Lewis, Assessor, Brent Bunn, Sheriff, Rodney Wallentine, Treasurer, Greg Skinner, Todd Transtrum, Dennis Duehren, Bill Stock, Terry Smith and Gary Ratslaff also attended the meeting.

AGENDA APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the Agenda. Motion carried.

ELECTED OFFICIALS MEETING
Treasurer Wallentine reported that 93% of the property taxes had been collected through the June deadline. He discussed three properties that he had tax deeded to the County for unpaid taxes. Commissioner Romrell made a motion seconded by Commissioner Kunz to sell the properties at public auction. Motion carried. Sheriff Bunn presented his monthly report. He reported that the jail population was down slightly with two long time prisoners transferred to the State. He discussed a complaint of a junk pile on a property on Highway 30. The Commissioners will look at the Ordinances and discuss at their next meeting. Commissioner Romrell gave an update on the Fair Board's activity. Commissioner Rasmussen reported on a recent meeting with the County's health care insurance provider.

ROAD AND BRIDGE
Greg Skinner asked the Commissioners to sign a grant application for pavement and sign management. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the grant application. Motion carried. Mr. Skinner reported on the Minnetonka Cave road project and magnesium chloride application in Georgetown Canyon.

ATV REGULATIONS
Dennis Duehren informed the Commissioners of changes in ATV regulations on Forest Service roads. All age restrictions had been removed so unlicensed drivers could drive ATV's on Forest Service roads. The public needs to be informed that when they cross the Forest Service boundaries to County roads, drivers need to have a valid driver's license. Bill Stock asked for clarification on a new law restricting ATV's on State roads. He was informed that ATV's could not be operated on State roads or right of ways except at designated crossings or for agriculture purposes.

WEED ISSUES
Todd Transtrum discussed weed problems in the County. He will send a letter to some land owners giving them the opportunity to correct the problems.

BLACK BEAR RESORT UPDATE
Bruce Barrett and Ted Galovan gave an update on the Black Bear Resort. They reported that they were proceeding very slowly due to the national economic condition and would ask for an extension on their development agreement. They reported progress in getting most of their bills and taxes current. They asked for some maintenance on Bloomington Dry Canyon Road to improve safety. Bill Pettis asked the Commissioners to not grant any extensions and expressed concern regarding an application to extend the Department of Water Resources application date.

MINUTES APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the minutes of meetings on June 8, June 16, June 22 and June 25, 2009. Motion carried.

BAILEY CREEK DEVELOPMENT AGREEMENT
The Commissioners met with Gary Ratzlaff regarding the development agreement with Bailey Creek Vistas. Mr. Ratzlaff wanted to add a paragraph allowing him to record in phases. Judy George explained that he couldn't do that without going back to Planning and Zoning and revising the Preliminary Plat. To get around this the Developer could provide a letter of credit to the County for all uncompleted final plat conditions.

SUBSTANDARD ROADS
Judy George met with the Commissioners to discuss building on substandard roads. Judy George expressed concern that we didn't have proper rules in place. She was going to check with some other Counties to see how they addressed the problem. The Commissioners will add this to the next meeting agenda.

PORTNEUF ROAD
Loren Webster met with the Commissioners regarding a road providing access to the proposed new subdivision in Bailey Creek. He felt that the road could not meet County standards and had drainage and snow removal issues that would affect his property. The developer stated he was confident they could work out their differences and that he would not interfere with the owner's access.

FOSSIL CANYON ROAD
The Commissioners met with Robert Oxarango regarding a County right of way, which crossed his land and provided access to the Forest Service. Mr. Oxarango had blocked the road and stated he wanted to control access. It was explained that nearly all Forest Service access roads pass through private property and he could not control access. Commissioners will look at the road and discuss it again in their next meeting.

ROCKY MOUNTAIN POWER AGREEMENT
Yuka Jenkins and Scott Jessen from Rocky Mountain Power met with the Commissioners regarding power to the Hell Hole repeater location. They presented an easement agreement for placement of the power line. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve and sign the Easement. Commissioners Kunz and Romrell voted yes. Commissioner Rasmussen excused himself from the discussion and abstained from voting due to a conflict of interest.

PUBLIC COMMENTS
Rosa Moosman suggested that the County needed to take the lead in insuring that cooperative agreements between Utah and Idaho law enforcement and emergency services agencies could be made. The Commissioners had discussed this with local legislators and others and were very involved in making this happen.

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

REPORT GRAND TOTAL . . . . . 319,938.93 232
TOTAL VOID/CANCEL . . . . . 2,933.47 * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
317,005.46

EXECUTIVE SESSION
Commissioner Rasmussen made a motion seconded by Commissioner Kunz to convene in executive session per Idaho Code 67-2345(b, d, & 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 medical indigent claims as follows:

Claim #2008-12 & 24 - Approved - Medically Indigent; Medically Necessary; Obligated County; Last Resource; Emergency Need.
Claim #2009-08 - Denied - Not Medically Indigent; Application incomplete; Not Last Resource; Applicant Didn't Cooperate with County.
Claim #2009-09 - Approved - Medically Indigent; Medically Necessary; Obligated County; Emergency Need; Last Resource.
Claim #2009-10 - Denied - Not Last Resource.
Claim #2008-34 & 36 - Final Denial - Provider withdrew appeal/application; Not Medically Indigent; Not Last Resource; No Cooperation; Application Incomplete.
Claim #2009-12 - Approved - Medically Indigent; Medically Necessary; Obligated County; Last Resource; Emergency Need.
Claim #2009-03 - Final Denial - Provider withdrew appeal/application; Not Medically Indigent; Not Last Resource; No Cooperation; Application Incomplete; Not an Emergency.

BOARD OF EQUALIZATION
Commissioner Kunz made a motion seconded by Commissioner Romrell to convene as a Board of Equalization to consider BOE appeals. Motion carried.

Lynn Lewis, Assessor and Lori Haddock, Appraiser met with the Board to consider assessment appeals.

The Board acted on the following appeals:

Susan Andrews asked the Board to consider her appeal of the value of parcel 5830 even though it was filed untimely due to a misunderstanding with the Assessor. Following a discussion, Commissioner Romrell made a motion seconded by Commissioner Kunz to not accept the appeal as it was untimely filed. Motion carried.

John Stewart asked the Board to reduce the value of parcel 5763.02 from $8,380 to $7,160. The Board upheld the Assessor's valuation.

Keith Stuck asked the Board to reduce the value of parcel RPP5840009008A from $19,350 to $5,000. The Board agreed to reduce the valuation to $10,750 per the Assessor's recommendation.

Scott D. Williams asked the Board to reduce the value of parcel RPB5160023004A from $26,400 to $15,000. The Board upheld the Assessor's valuation.

Lloyd Barker asked the Board to reduce the value of parcel RP074200004130 from $91,000 to $70,000. The Board upheld the Assessor's valuation.

Zion's Bank asked the Board to reduce the value of parcel RPM4160008001B from $506,400 to $410,530. The Board upheld the Assessor's valuation.

Theo W. Thomson asked the Board to reduce the value of parcel 44085 from $118,000 to $100,000. The Board upheld the Assessor's valuation.

Lotwick Reese asked the Board to reduce the value of parcel 2027.02 from $19,200 to $9,829. The Board upheld the Assessor's valuation.

David Howell asked the Board to reduce the value of parcels 5607.03 and 5609.01 from $20,500 each to $10,000 each. The Board upheld the Assessor's valuation.

Hillary Ong asked the Board to reduce the value of parcel 43012 from $2,148,110 to $1,415,099. The Board reduced the parcel to $1,516,960 per the Assessor's recommendation.

Commissioner Kunz made a motion seconded by Commissioner Romrell to close the Board of Equalization hearing. Motion carried.

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

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7/13/09 Commissioners Meeting Notice:

9:00 A.M. ELECTED OFFICIALS MEETING/APPROVAL OF MINUTES

9:15 A.M. COMMITTEE ASSIGNMENTS

9:30 A.M. GREG SKINNER - Road & Bridge Issues TODD TRANSTRUM - Solid Waste Issues/Weed Problem

9:45 A.M. DENNIS DUEHREN - FOREST SERVICE & BILL STOCK - ATV Regulations

10:00 A.M. BLACK BEAR UPDATE - Bloomington Road

10:15 A.M. JUDY GEORGE & MITCH POULSEN, PLANNING AND ZONING - Substandard Roads, Bailey Creek Development Agreement

10:30 A.M. BILL PETTIS - Black Bear Water Application Continuance

10:45 A.M. LOREN WEBSTER - Portneuf Road Access

11:00 A.M. BOB OXARANGO - Fossil Canyon Road

11:15 A.M. YUKA JENKINS - Rocky Mountain Power - Repeater Station

11:30 A.M. PUBLIC COMMENTS

11:45 A.M. EXECUTIVE SESSION - Medical Assistance Claims/Personnel Issues/Legal Issues

LUNCH

1:00 P.M. BOARD OF EQUALIZATION

1:15 P.M. " "

1:30 P.M. " "

1:45 P.M. " "

2:00 P.M. " "

2:15 P.M. " "

2:30 P.M. " "

2:45 P.M. " "

3:00 P.M. " "

UNFINISHED BUSINESS
Road & Bridge/Solid Waste Issues

Tax Deed Property Sale

Monsanto Mine Resolution

Amendment and Addendum to Access Idaho Agreement

NEW BUSINESS
Approve June's Bills/Minutes

Road & Bridge/Solid Waste Issues

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