6/14/04 Commissioners Meeting:

The Board of Bear Lake County Commissioners met on Monday, June 14, 2004, in the Commissioners Room of the Courthouse Annex in Paris, Idaho, beginning at 9:00 A.M. Members of the Board present: Don C. Clark, Chairman of the Board, Dwight L. Cochran, Conrad Michaelson and Joan P. Eborn, Clerk of the Board.

Greg Skinner, Road Supervisor, Lynn Lewis, Assessor, Rodney Wallentine, Treasurer and Rosa Moosman, Editor of the News-Examiner also attended the meeting.

Commissioner Michaelson offered the opening prayer.

Chairman Clark called the meeting to order to consider the following items of business:

GARBAGE REFUND FOR BUILDING PERMIT

Mark Holmquist and William Wellish Dingle residents talked with the Commissioners about a building permit for Holmquist that had expired and he had not begun construction on his house and he had to obtain another permit which requires a $240 garbage charge. He asked if they could receive a refund on the garbage assessment as they had previously signed a waiver with the county not to receive any garbage pickup services. He said they put their garbage in a trailer and haul it themselves to the landfill.

Commissioner Michaelson said the $240 is the fee for the dumpster while the construction of the house is being done.

Supervisor Skinner stated there is no garbage service in that area, the ground is too soft for the garbage truck and there is no where to turn the truck around.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran that the $240 charge will not be removed or refunded and that a dumpster will be placed at the closest accessible point. Motion was unanimous.

ELECTED OFFICIALS MEETING

Rodney Wallentine, Treasurer discussed the parcel up Paris Canyon that was tax deeded to the county on June 1, 2004, which is adjacent to another piece of property the County already owns. Treasurer Wallentine wondered if the two pieces of property could be sold together or as two separate properties. One piece is 12.7 acres and the other is 10 acres. The County has owned 10 acres for some time and the 12.7 acres was tax deeded.

The Commissioners agreed to take the matter under advisement as to why the county had not previously sold the 10 acre parcel of land and the decision as to when and if to sell the 12.7 acres tax deeded.

Lynn Lewis, Assessor said the assessment notices have been sent out and he has received several calls about the garbage fees applied to them. Many are disgruntled about the fees. He feels the county has a good program and saves it from becoming a major garbage dump.

Assessor Lewis also noted he really likes the new phone system for the county and feels it has been a benefit to everyone.

SHERIFF’S REPORT

Sheriff Bunn presented his department’s report of activity for the month of May 2004 for the Commissioners review and comment. When the Sheriff asked, the Commissioners unanimously approved a Keg Permit for the Utah Peace Officers Athletic Association on property owned by Vic Tilt across from their business in Fish Haven, Idaho.

Sheriff Bunn said one of the prisoners has had alcohol withdrawals and was subsequently transferred to the Hospital in Pocatello for several days for the detoxification process. The medicaid amount the county has to pay is $5,903.56, and the actual bill was well over $7,000. The prisoner is not a county resident.

Sheriff Bunn also discussed a fencing problem in the Nounan area, to which a brief discussion ensued in regards to various problems with fence lines built that encroach upon the county right-of-ways and it was agreed the county cannot allow such to happen and many individuals have had to move their fences, but there are still problems to be resolved through-out the county.

ROAD & BRIDGE ISSUES

As the county had received no bids for a used water truck Supervisor Skinner and the Commissioners discussed the possibility of renting a water truck for the summer months. Supervisor Skinner noted that it would be at least $3,000 to $3,500 a month to rent a truck from Modern Equipment in Pocatello and he feels they are in need of one now to accomplish the road work this summer. Later in the day the Commissioners unanimously agreed to call for bids to purchase a new water truck. Bids will be opened during the regular meeting on July 12, 2004.

BUILDING DEVELOPMENT PERMIT PROCESS

Dale Thornock, Chief Deputy Assessor informed the Commissioners of his concerns regarding the new Land Use Ordinance and what the effective date was after it was approved? He questioned who and how he was to enforce the road setback requirements as at present he has no knowledge of where various roads are in the county when people come in to obtain a building permit. He also suggested revising or amending the county building permits to address that issue and wondered about training.

Mitch Poulsen, representing Planning and Zoning joined the meeting in progress and stated some of Dale’s problems will be resolved when and if the Commissioners adopt the Bear Lake County Transportation Plan prepared by JBH Transportation Engineering. He said there is a map included in the plan that outlines roads in the county and the setback requirements would be taken care of by the Transportation Plan.

The need for building codes and the hiring of a building inspector was again discussed with the notation that the voters had voted against the adoption of a building code and/or the hiring of a building inspector.

The Commissioners agreed to review the Transportation Plan in the near future to determine if there should be any changes or amendments to it prior to its adoption.

STAUFFER CANYON ROAD

Randy Biggs, local resident asked the Commissioners for road repair and maintenance on the Stauffer Canyon Road. He said the road is very rough and the grading done by the county, once a year never lasts more than a couple of weeks. He lives one mile off of the county road and would like the road kept open during the winter as there are two permanent homeowners there year around.

Supervisor Skinner noted the Stauffer Canyon Road runs all the way through that area and does need some grading and repair, but it is an unimproved county road and he questions how much maintenance and improvements should be done on the road.

The Commissioners informed Mr. Biggs they would take his request under advisement.

GARBAGE

Blaine Rupp & Clark Draper met with the Commissioners in regards to the solid waste fees being added to their taxes in the Stauffer Canyon area. They noted that the garbage dumpster that has been placed at the head of the road is always full and there is no room for them to dump their garbage. They indicated residents in the Liberty area are already filling dumpsters to overflowing. And they also agreed the Stauffer Canyon Road lacks proper maintenance.

Commissioner Michaelson stated it is very difficult to make everyone in the county happy especially those choosing to build and live in remote locations in the county at a reasonable cost.

The Commissioners said they would encourage the Road Department to spend more time maintaining the road in a better condition and a second dumpster will be delivered to that particular site.

WATER TRUCK

Brad Wilks, Wilks Welding reviewed the repair billing for the county’s water truck with the Commissioners agreeing the bill was substantially larger than what he had previously quoted to Supervisor Skinner. He informed them what had been done and the reason for it. He said the truck is a good tight truck and should be good for a long time, but it was in desperate need of major repair. Wilks also suggested to the Commissioners that due to the amount of dust guarding the county does they should consider an aluminum tank versus a steel one if and when purchasing a new water truck and he felt it shouldn’t cost that much more.

COUNTY ENGINEER

Mitch Poulsen, Planning and Zoning requested that the Commissioners provide money in the budget to hire an engineer that the Planning and Zoning can contact when a new development is purposed who would be able to review plats and to be onsite when roads are being built. He suggested the county pay for an engineer to review plats & roads and have the developer reimburse the county for those costs. Mitch also asked the Commissioners to either suggest an engineer or allow him to speak with the Planning and Zoning Board to find out when and how they would like to select one.

Mitch said Rich County sets aside $12,000 a year for engineering fees to review the roads, the plats, etc. The road department and other departments use the service as needed.

COMCAST CABLE RENEWAL

Scott Dansie, Comcast Cable Company met with the Commissioners to renew their cable television franchise with the County in the Fish Haven and St. Charles areas. The prior franchise was for 15 years and he asked the Commissioners to sign another 15 year contract. The Commissioners felt the County Attorney should review the contract prior to their signing it. As such, Clerk Eborn was instructed to get the document to the Attorney for his review and approval.

GARBAGE CONTAINERS

Blaine Rupp informed the Commissioners he has a business in Tremonton, Utah, whereby he is delivering and hauling large (30yard) garbage containers. Residents of the valley would be able to dump items into his containers that wouldn’t normally be allowed in the dumpsters the county is currently using. When asked he said he does have covers for the containers. The Commissioners informed him they are presently renting containers from Hennings Salvage Yard but asked him to fax cost information to the Clerks Office for consideration.

GARBAGE CONTAINERS/TAXES

John Bess, property owner contested the garbage fees applied to his taxes on property he owns in Bennington Canyon. He claims the building is a shed, with a toilet and septic tank and it’s a camping area his family uses a few times a year. He does not want a garbage can up there stating people who travel the canyon will just make a mess of it and fill it full of bullet holes. As such, he asked that the garbage assessment of $120 a year be removed from his taxes.

Assessor Lewis said it was assessed as a habitable structure as the cabin has a bathroom and vent pipes. The Commissioners took the matter under advisement.

BOARD OF EQUALIZATION

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to recess the regular meeting and to convene as a Board of Equalization. Motion unanimously carried.

As no one appeared to contest their values, Commissioner Michaelson made a motion, seconded by Commissioner Cochran to recess the Board of Equalization Meeting and to reconvene the regular meeting. Motion unanimously carried.

The Commissioners unanimously agreed to meet as a Board of Equalization on June 28, 2004, in the Commissioners Room of the Courthouse Annex in Paris, Idaho, beginning at 1:00 P.M.

Paul Underwood and Bill Stock joined the meeting in progress.

BUILDING INSPECTOR

Mitch Poulson still thinks the county needs to adopt a building code and hire a building inspector regardless of what the voters indicated at the Primary Election. He said the Bear Lake Regional Commission has saved the county a considerable amount of money with their supervision of Planning and Zoning and their administrative staffing. He asked about joining with Rich County whereby they could set up specific departments to handle various responsibilities. Joining together could help both counties. He feels if we allow contractors to build sub-standard buildings it will have a direct impact on even adjacent owners. Commissioner Michaelson still feels we need to recognize the international building codes and find a way to hire a building inspector. However he wondered if individuals could contact a building inspector to inspect their buildings and have the county keep records that prove those buildings were built to code and that they had been inspected and were quality structures.

A letter from T & C Homes to the Commissioners concerning a building that was set on a foundation that did not meet the setback requirements was discussed. Action in regards to the complaints in the letter was tabled until the County Attorney has a chance to review it and make a recommendation to the Commissioners as to any liability on the part of the county.

EXECUTIVE SESSION

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to recess the regular meeting and to convene a Executive Session to discuss a personnel issue. Motion was unanimous.

At the conclusion of the executive session Commissioner Michaelson made a motion, seconded by Commissioner Cochran to recess the Executive Session and to reconvene the regular meeting. Motion unanimously carried.

PREVIOUS MINUTES APPROVED

Commissioner Michaelson made a motion seconded by Commissioner Cochran to approve the minutes as presented by Clerk Eborn of meetings held on May 10th, May 17th, and the Canvas of the Election results on May 28th, 2004. Motion unanimously carried.

Meeting recessed for lunch, reconvening at 1:30 p.m. to continue county business as follows:

LOCAL ATTORNEY

Nick Carroll, new resident to the county who moved here from Wisconsin introduced himself to the Commissioners and offered his services to the county once he is licensed in the State of Idaho. Has done contract work for the public defenders offices dealing mainly with misdemeanors, business law, etc.

GARBAGE

Lyman Kunz, Dingle resident told the Commissioners based upon the constitutional laws he is not happy with them forcing him to pay $10 per month for a garbage pickup fee that he does not use or want. He asked the Commissioners to instruct Treasurer Wallentine to cancel his $120 garbage fees from his last years taxes and to leave this fee off of his taxes in the future. He also suggested that any prospects for a new courthouse in the future be abandoned.

At Kunz’s request the Commissioners voted unanimously to again affirm their solid waste fee policy advising Mr. Kunz he is and will be required to pay the solid waste fees applied to his tax notices.

AIRPORT BUSINESS

Olean Parker, Dingle resident explained the treatment he and others have received from O.B. Toomer, Airport resident/caretaker. Olean feels his conduct has been very unbecoming.

Olean wondered why the airport needed to have so many different engineering firms involved in the airport runway project. He asked where the airport and the wetlands configuration stands with the current engineering firm and he suggested that the two twin hangars built of cinderblock that are falling apart be demolished and build a better one that would accommodate at least 1 or 2 corporate jets. Olean noted that the airport board is aware of his wishes and are still concerned with the wetland issues and do not want to do anything about it. He quoted Commissioners minutes whereby Monte Transtrum, Airport Chairman gave a synopsis of the projects at the Airport with the completion of the new runway, etc.

He invited all to attend the Fly-In scheduled for June 25th and 26th. He reported they have access to a B-25 that will be towed in to the Airport for people to see. He said Toomer won’t help but Wayne Lloyd has agreed to use one of Union Pacific’s trucks.

WEATHER STATION

It was unanimously agreed the Airport needs a weather station, valuable information could be available to the public and as such the Commissioners unanimously agreed to approve and authorize airport financing for the project.

GARBAGE TAX

Jeff Stricker, met with the Commissioners to discuss and protest the garbage tax applied to his property in the Bear Lake Ranchettes area. He has an unfinished cabin in the area and noted it would be at least 6 years before he would be actually using the cabin. It has no inside water or any facilities in the building at this time.

Commissioner Michaelson noted that all domiciles whether occupied part, all or none of the year, will be assessed the $120 per year for garbage pickup.

WARRANTS CANCELLED

The Commissioners acted unanimously to cancel the following warrants:

Current Expense Warrants -#01-40420 for $25.00 to the Secretary of State and #01-40421 for $25.00 to the Secretary of State – warrants were issued for Certificate of Assumed Business Name and were not accepted by the Secretary of State’s Office and a Snowmobile Warrant #37-40099 for $44.98 to Peterson Equipment issued in error.

TAX CANCELLATIONS

The Commissioners acted unanimously to cancel the following taxes: Current Real Tax - $1767.21, Delinquent Real Tax - #369.34, double assessments, solid waste fee and property tax deeded to Bear Lake County.

DINGLE/HOT SPRINGS ROAD

Commissioner Michaelson noted that Idaho Transportation Department had informed him that the Dingle/Hot Springs road project has been moved farther down the list for receiving LHTAC funds to pave it. One of the reasons was because the use of the road did not warrant paving, and there wasn’t sufficient traffic for that type of expenditure. The county could however, make application for a rural highway grant, not to exceed $100,000 in order to help with this project. They noted that the county could not apply for both, so Commissioner Michaelson suggested the county make application for the $100,000 each year to aid in some road project in the county. This money would be easier to obtain and the county wouldn’t have to comply with federal regulations. The County does need to have an independent contractor do the paving work.

GARBAGE FEE

Lawrence Richins, St. Charles resident protested the $120 garbage fee as he is not receiving garbage pickup and would like garbage pickup for the months that he is there.

Commissioner Michaelson noted that if the garbage is inaccessible to the garbage truck during the winter, then he is required to take his garbage to the nearest dumpster. Commissioner Michaelson informed Mr. Richins that they would provide a dumpster for his access and will let him know where it will be placed.

ROAD & BRIDGE

Road Supervisor Skinner gave a synopsis of the roadwork being done through out the county advising the Commissioners he is short of employees especially this time of year. The possibility of purchasing a new Caterpillar was also discussed, the price quoted for a new unit is $482,000.

OREGON TRAIL MUSEUM

Peg Richards and Scott Olsen informed the Commissioners they are having a free day, June 18th for all county residents to come to the museum free of charge to help everyone realize what a great asset the museum is to the valley. The tours will begin at 10:00 A.M. and end at 4:00 P.M. They said the county really has no responsibility for the trail center but they are very grateful for the assistance from them. Commissioner Michaelson made a motion seconded by Chairman Clark to continue to support the Museum and to encourage everyone to participate in the free day. Motion unanimously carried.

CANYON ESTATES

A brief discussion commenced in regards to the road being closed by gates through the Canyon Estates Subdivision in lieu of earlier commitments to leave the road open. Mitch Poulsen agreed to review the situation and advise the Commissioners. Bill Stock said the road should be open and he offered brief comments concerning mitigation on the water sources in that area.

MEDICALLY INDIGENT APPLICATIONS

The Commissioners reviewed indigent application #2004-09 and acted unanimously to deny it based upon the findings that the medical services were not for an emergency, the county may not be the last resource and the application was filed untimely, #2004-09 denied as no emergency exists, applicant may not be medically indigent, the county may not be the last resource, applicant has failed to cooperate with the county.

CLAIMS ALLOWED PAID

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

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

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6/14/04 Commissioners Notice of Public Hearing:

9:00 A.M. MARK HOLMQUIST - Garbage Refund for Building Permit

9:15 A.M. ELECTED OFFICIALS MEETING

9:30 A.M. JOHN MARTINEZ/APRIL MARTINEZ - Community Service

9:45 A.M. DALE THORNOCK - Building Development Permit Process

10:00 A.M. RANDY BIGGS - Stauffer Canyon Road

10:15 A.M. BRAD WILKS - Water Truck

10:30 A.M. MITCH POULSEN - County Engineer

10:45 A.M. BLAINE RUPP - Garbage Containers/Taxes

11:00 A.M. SCOTT DANSIE - Comcast Cable Renewal

11:15 A.M. JOHN BESS - Solid Waste

11:30 A.M. BOARD OF EQUALIZATION

11:45 A.M. EXECUTIVE SESSION PERSONNEL

LUNCH

1:30 P.M. NICK CARROLL - New Local Attorney

1:45 P.M. LYMAN KUNZ - Garbage

2:00 P.M. OLEAN PARKER - Airport Business

2:15 P.M. JEFF STRICKER - Garbage Tax

2:30 P.M. LAWRENCE RICHINS - Telephone Conference - Garbage Pickup
Fees

2:45 P.M. PEG RICHARDS - Oregon Trail Center

OLD BUSINESS
Approve Minutes of Previous Meetings

Road & Bridge/Solid Waste/Garbage Issues

Prosecuting Attorney Secretary's Wages

Canyon Estates Road

Building Permit Garbage Fees

Adopt Bear Lake County Transportation Plan

NEW BUSINESS
Review and Approve Claims Submitted

All Metal Houses

Establish a Weather Station at the Bear Lake County Airport

Executive Session - Personnel Issues

Update Special Use Permits

Tax Cancellations

Medical Assistance Applications


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