11/10/03 - Commissioners Meeting

The Board of Bear Lake County Commissioners began their regular meeting beginning at 9:00 a.m., on Monday, November 10, 2003, in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board included: Dwight L. Cochran, Chairman of the Board, Don C. Clark, Conrad Michaelson and Joan P. Eborn, Clerk of the Board.

Monte Transtrum, Road & Bridge Supervisor and Rosa Moosman, Editor for the News-Examiner also attended the meeting.

Commissioner Michaelson offered the opening prayer.

Chairman Cochran called the meeting to order to discuss and conduct county business as follows:

SOUTHEASTERN DISTRICT HEALTH DEPARTMENT
Ed Marugg, District Director for Southeastern District Health Department, met with the Commissioners along with Tiffany Preston, Montpelier Office Manager and Specialist. They reviewed and presented the Annual Report for 2003. Marugg said their mission is to prevent disease, disability and premature death, to promote healthy lifestyles, and to protect and promote the health and quality of our environment. He reported the services provided to the public on an average workday amount to 37.4 visits. They discussed funding sources depicting that counties pay 12.2% of their total budget and the staff's quick adaption to HIPPA. Marugg expressed concern for the need of qualified nursing staff through out the district. When asked he replied Jeanna Marten from Soda visits the homes in Bear Lake County and depending on client load they may use someone from another county. The Commissioners thanked them for all they do for the residents of Bear Lake County.

Ardee Helm, Prosecuting Attorney, Lynn Lewis, Assessor, Rodney Wallentine, Treasurer joined the meeting in progress.

ROAD & BRIDGE/SOLID WASTE REPORT
Monte Transtrum, Supervisor presented a written report of activity for the Road & Bridge and Solid Waste Departments as requested by Commissioner Michaelson. New garbage containers are being used in the Bennington area.

AIRPORT
Monte Transtrum, Chairman of the Airport Board said the million dollar airport project had been completed this past summer and there were some funds remaining, which could be held over for another project during the next fiscal year. He also informed the Commissioners there would be more entitlement funds available for additional improvements to the airport. Plans are to develop an area for construction of additional hangars. When asked, the Commissioners approved using fill and overburden from the Wardboro gravel pit for the project. He also said he had been contacted by an individual about the possibility of paving the road from Paris to the Airport.

Al Harrison, Executive Director of the Bear Lake Regional Commission and Roy Bunderson joined the meeting in progress.

ADDITION TO THE AGENDA
After telephone contact and upon recommendation of the County Attorney, the Commissioners voted unanimously in the affirmative to allow Mayme Pugmire, representing the Liberty Cemetery District to be added to the Commissioner's Agenda.

GARBAGE FEES
Ray Bienz complained about the increase in the garbage collection fee on his tax notice. He informed the Commissioners the dumpster he's charged for is used by other people due to its location and that's the reason the dumpster has to be dumped three times a week. He was informed that situation exists throughout the county and is a problem for anyone with a dumpster. Some owners in the county have fenced around their dumpsters to help eliminate the problem. He asked for once a week dump schedule and no more and asked that two-thirds of the garbage fee on his tax notice be canceled. Commissioner Michaelson made a motion to cancel the tax as requested. Discussion took place as to when the garbage fee charge is actually for, 2003 or 2004? Motion died for lack of a second. The issue will be addressed and a decision made in the future.

COUNTY PRISONER HOUSING - CITY OF MONTPELIER - SHERIFF
Sheryl Burgoyne, Montpelier City Councilwomen voiced her concern that the county might be going to house prisoners in a new Caribou County Jail and that the Commissioners had verbally committed to funding in the amount of $80,000 for the next 30 years and she asked them to reconsider. She felt the dispatch center and the jail in Montpelier was a benefit to both the county and the city. She stated the City might have to turn law enforcement over to the county.

Dave Higley, Montpelier City Chief of Police and Chris Henderson recently elected Councilmen joined the meeting in progress supporting Councilwomen Burgoyne. She said prisoners want to remain in the City Jail, it is better for their families and more economical and is easier for short sentences and weekend, work-off sentences.

Brent Bunn, County Sheriff presented information indicating Bear Lake County paid $76,881 in Fiscal Year 2002, and $92,761 in Fiscal Year 2003 for prisoner housing costs. Of the $92,761 prisoner expense in Fiscal Year 2003 $40,797 was paid to the City of Montpelier. He said the per day costs at Bannock County are $49, at Bingham County - $42, and at Bonneville County - $40. Women prisoners and juveniles can't be housed at the present Montpelier City Jail and must be transported to a different facility.

Some suggested the county consider building their own jail, stating it would be more economically feasible as other states are always looking for facilities to house prisoners, and it could help the economic situation in Bear Lake County by creating more jobs.

Burgoyne asked the Commissioners to remember Montpelier City people are part of their constituency and to look hard before making any formal agreement with Caribou County and to at least consider a feasibility study into the possibility of building a jail in Bear Lake County.

Commissioner Michaelson made a motion, seconded by commissioner Clark to table the decision on a jail facility until an economic study of building a facility in Bear Lake County vs. supporting the building of a facility in another county can be completed. Motion unanimously carried.

SHERIFF'S REPORT
Sheriff Bunn presented his department's report of activity for the month of October 2003 for the Commissioners review and comment.

ETHANOL PLANT
Judy Hyde, Scott Olson, Chamber of Commerce, Brad Frazee, Intrepid Engineering, Richard Westerberg, Tri-County Economic Development Specialist, Matthew Christensen, Wynn Olsen, Laran P. Burdick, Cameron Marlowe, Christine Lake, Tamara Fisher and Glay Homer met with the Commissioners and presented petitions containing 324 signatures of local residents supporting the building and operation of an ethanol plant in Bear Lake County. They indicated no one they contacted appeared to protest or be against the project.

They have also received letters of support from the Regional Commission, the Chamber of Commerce and the Rotary Club.

Olsen also presented a map of the proposed site located on the old Ping Pong Road Southwest of the City of Montpelier. He said the road would need to be upgraded before heavy truck traffic. The dry product would be trucked to Magic Valley.

Judy Hyde said in order to obtain a grant from SEICOG of RDA either the City of Montpelier of the County would have to sponsor the project. The grant they would apply for would be in the amount of $500,000 requiring funding match from the County or City in the amount of 25% ($125,000), and could be in kind work.

Commissioner Michaelson said another $400,000 would also have to be raised privately and that could not be in the form of a grant or public monies. They would need accredited investors. Olsen indicated he has already talked with individuals who can come up with that amount of money.

Commissioner Michaelson made a motion, seconded by Commissioner Clark to support Southeastern Idaho Renewable in the development and implementation of a plan to construct an ethanol plant at the proposed site southwest of the City of Montpelier. Motion unanimously carried.

GARBAGE FEE EXEMPTION
Leo Pyne asked the Commissioners to cancel the tax on a house owned by his brother Melvin Pyne that has been vacant for many years. The Commissioners acted unanimously to cancel the tax as requested on Parcel #1066.00.

SALARY COMPLAINTS
Berniece Laughter, Amanda Phelps, Linda Jensen, Deby Eborn, Vicki Bird, Charmaine Lloyd, John Martinez and Chad Ludwig, Sheriff's Employees and Marcia Singleton, the Prosecuting Attorney's Secretary met with the Commissioners to express their concern over the recent 3% wage increase.

Laughter said after getting a copy of the salaries form the Clerk's Office she and others became upset over the wage differences she found. She felt some employees were being discriminated against, that the current raise is unfair and unethical.

She gave a list of her qualifications and responsibilities, and suggested the Commissioners consider longevity, job descriptions, responsibilities, education and work ethics when determining raises.

Roy Bunderson commented that Bear Lake County is not a bad employer, but it appears inequities may exist in the pay rates. He suggested the county hire a private firm to evaluate job descriptions and pay on merit. Commissioner Michaelson and Assessor Lewis feel the meter should be taken care of between the elected officials within their own departments.

The Commissioners said their concerns would be taken into consideration.

BEAR LAKE WEST PROPERTY OWNERS ASSOCIATION SNOW REMOVAL
Jay Oberst, Bear Lake West Property Owners Association Chairman, Bob Betley, Richard Armatage and Ron Jay met with the Commissioners to discuss and request that the County begin maintaining and plowing snow on approximately two miles of roads. They said their association had built a new shed and would be willing to allow the county to use it for $1.00 per year to store sand/salt and possibly the grader.

They reported they had installed berms around the manholes for protection from the snowplows as previously requested by the county. They asked only for snow removal on the main roads, they would plow the side roads.

Discussion ensued as to the grade of the roads and their condition.

Transtrum said the Road Department has reached the maximum amount of roads the county can plow with the equipment we presently have and the roads are far to steep in that area to plow. It would create a major liability to the county to have an employee plowing roads that are well above the grade standard set by the county.

Emergency access to the road in that area due to the condition of the roads was briefly discussed because county fire trucks were unable to respond to a fire recently.

It was determined summer maintenance was not a problem, but snow removal was another issue. However, the Commissioners did agree to see what the county can do to help them out. Maybe the county can try out the equipment to see what can be done in the way of snow removal.

GARBAGE EXEMPTION REQUEST
Paulette Alleman, Nounan Resident asked the Commissioners to cancel the garbage fees on her father's home as no one lives there.

Commissioner Clark made a motion, seconded by Commissioner Michaelson to cancel the garbage fee on Jim Smith's home in Nounan. Motion unanimously carried.

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

GARBAGE FEE
Mark Peterson, property owner expressed his concern over the garbage collection fee applied to his cabin in the Bear Lake Ranchettes Subdivision, he said no service had ever been provided in the Stauffer Canyon area. Other property owners in that area are also concerned.

A question in regards to garbage fees being applied to licensed trailers in the subdivision was discussed and Assessor Lewis and Treasurer Wallentine were asked to return to the meeting and they said no garbage fees or tax is applied to licensed trailers.

Peterson was informed dumpsters will be available on access roads to the subdivision. He was also informed there are many areas in the county where curbside pickup isn't available to the residents. His request to cancel the fee was denied.

The Commissioners reaffirmed the policy previous set, that the garbage fee could be canceled if the residence was vacant, unlived in for a year or more, or that the taxpayer could prove hardship exemption status.

LIBERTY CEMETERY DISTRICT
Mayme Pugmire, Liberty Cemetery District Board Member met with the Commissioners asking if they could help the Cemetery obtain a permit to drill a well at the Cemetery. The three shares they have in the ditch are not sufficient to provide enough water to cover the three acres in the Cemetery.

After a lengthy discussion, wherein the County Attorney indicated he was unable to help her, Roy Bunderson offered his assistance in helping them obtain a permit from the Idaho Water Resource Board.

BLOOMINGTON CATTLE ASSOCIATION
Roy Bunderson briefly discussed problems their association is facing in regards to the Forest Service reducing the cattle allotments. He asked if the Commissioners would be willing to draft a response to the Forest Service asking them of the adverse economic impact that type of action would have on Bear Lake County.

PLANNING AND ZONING LEGAL ASSISTANCE
Mitch Poulsen, representing Planning and Zoning presented a contract for legal services drawn up by Steve Brooks an Attorney from Malad. Attorney Helm asked why he or other local attorneys were not contacted and why bids weren't solicited. Commissioner Michaelson said the Commissioners had previously agreed to let them hire outside legal counsel and that Helm didn't seem to have time to even attend the Commissioners Meetings. Therefore they assumed he wouldn't have the time to attend Planning and Zoning's meeting and provide the legal representation they need. It was decided the contract had some discrepancies that would need attention prior to the Commissioners signing it. The issue of legal representation will be discussed at the next meeting or Planning and Zoning before further action is taken.

AGREEMENTS
The Commissioners acted unanimously to approve and sign the following documents:
Utah Power & Light Company General Service Contract - County obligated to pay $936.00 for the installation of a power pole for a Snowmobile Parking Area up Paris Canyon.

Certificate of Residency for Michelle Nichole Phillips at College of Southern Idaho.

COUNTY EXTENSION AGREEMENT
The Commissioners acted unanimously authorizing Chairman Cochran and Clerk Eborn to sign the County Extension Agreement with the University of Idaho College for Fiscal year 2004 approving a budget of $81,425.

SALE OF BEER, WINE, AND LIQUOR RESOLUTION #2004-01
Commissioner Clark made a motion, seconded by commissioner Michaelson to adopt Resolution #2004-01, as follows for the sale of beer, wine and liquor in Bear Lake County during 2004 and to approve the following licenses when applications, proof of state license and payment is made to the County Clerk:

BEAR LAKE COUNTY RESOLUTION NO. 2004-01

Be it hereby resolved that pursuant to the provisions of Section 23-1015, 23-1315 and 23-916 of the Idaho Code, Bear Lake County hereby adopts the following fee schedule for licenses to sell beer, wine or liquor during the calendar year 2004.

Beer:
Beer not consumed on premises (bottle and can). - $25.00
Beer consumed on premises (bottle and can). - $75.00
Beer consumed on premises (bottle, can or draught). - $100.00

Wine:
Wine by the drink (with liquor license). - No charge
Wine by the drink (without liquor license). - $100.00
Wine for Retail Sale (off licensed premises). - $100.00

Liquor:
Outside of any incorporated city - $75.00
City 1000 or less - $75.00
City 1000 to 3000 - $125.00
City 3000 plus - $187.50

All fees are due and payable in advance prior to the issuance of any retail license.

Motion unanimously carried.

BEAR RIVER BRIDGE WEST OF GEORGETOWN PROJECT
Commissioner Clark made a motion seconded by Chairman Cochran to approve and make payment to Preston Soil Conservation District in the amount of $3,400 for cloud seeding out of the Commissioners Contingency Budget in the Current Expense Fund.

RESOLUTION 2004-02 - AIRPORT BUDGET INCREASE
Pursuant to Idaho Code 31-1605, Be It Hereby Resolved that the Bear Lake Board of County Commissioners hereby authorize and direct the Bear Lake County Prosecuting Attorney to petition the District Court to open the Fiscal year 2003-2004 budget to increase the Airport Budget to expend unanticipated revenues in the amount of $686,302.

AIRPORT RESOLUTION #2004-03
Commissioner Clark made a motion, seconded by Commissioner Michaelson to adopt the following resolution and to sign the grant agreement whereby the State of Idaho will make payable $40,823 and the County by Chairman Cochran's signature does hereby ratify and accept said offer and by such acceptance agrees to all of the terms and conditions thereof:

COUNTY RESOLUTION #2004-03

EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE COUNTY COMMISSION OF THE COUNTY OF BEAR LAKE, IDAHO HELD ON NOVEMBER 10, 2003.

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

RESOLUTION NO. 2004-03 OF BEAR LAKE COUNTY, IDAHO ACCEPTING THE GRANT OFFER OF THE STATE OF IDAHO THROUGH THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS, IN THE MAXIMUM AMOUNT OF $40,823.00 TO BE USED UNDER THE IDAHO AIRPORT AID PROGRAM PROJECT NO. 3-16-0027-02A OR F038030 IN THE DEVELOPMENT OF THE BEAR LAKE AIRPORT; AND

Be it resolved by the Chairman and Commission of Bear Lake County, Idaho (herein referred to as the "County") as follows:

Sec. 1. That the County, shall accept the Grant Offer of the State of Idaho in the amount of $40,823.00, for the purpose of obtaining State Aid under Project No. 3-16-0027-02a, in the development of the Bear Lake Airport; and

Sec. 2. That the Chairman of the County Commission is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Part II - Acceptance) on behalf of the County. The County Clerk is hereby authorized and directed to attest the signature of the Chairman and to impress the official seal of the COUNTY on the aforesaid statement of Acceptance; and

Sec. 3. A true copy of the Grant Offer referred to herein be attached hereto and made a part thereof.

PASSED BY THE COMMISSION AND APPROVED BY THE CHAIRMAN THIS 10TH DAY OF NOVEMBER, 2003.

/s/ Dwight L. Cochran____________
DWIGHT L. COCHRAN, Chairman

ATTEST:/s/ Joan P. Eborn_____________
JOAN P. EBORN, County Clerk

Motion unanimously carried.

APPLICATIONS FOR MEDICAL ASSISTANCE
The Commissioners acted unanimously to deny Application #2004-01 as being untimely filed and the individual may not be medically indigent. Application #2003-09 was denied as the individual may not be a resident of the county anymore, the surgery may not be medically necessary and the individual is not medically indigent.

SALARIES AND WAGES
In regards to adjustments to salaries and wages for county employees it was unanimously agreed nothing would be done this year and it was suggested the elected officials and supervisors develop job descriptions for their employees in the future.

TAXES canceled
The Commissioners acted unanimously to cancel Personal Tax in the amount of $308.88 due to double assessment and property that is no longer in the county.

PREVIOUS MINUTES APPROVED
Commissioner Clark made a motion, seconded by Commissioner Michaelson to approve the minutes of the meeting held October 14, 2003 as presented by Clerk Eborn. Motion unanimously carried.

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

CURRENT EXPENSE - $163,878.25
ROAD & BRIDGE - 68,522.55
AMBULANCE - 23,463.19
DISTRICT COURT - 20,123.18
FAIR - 821.49
JUVENILE JUSTICE - 3,808.50
DISTRICT HEALTH - 431.52
CHARITY - 13,721.98
911 - 779.11
REVALUATION - 13,432.33
SOLID WASTE - 30,978.44
TORT - 53,832.09
WEED CONTROL - 23,868.92
SPECIAL BRIDGE - 9,616.95
SNOWMOBILE - 10,941.48
WATERWAYS - 860.32
AIRPORT - 686,706.04
TOTAL - $1,125,786.04

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

/s/ Dwight L. Cochran____________
DWIGHT L. COCHRAN, Chairman

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11/21/03 - Public Hearing - Red Pine Canyon Road

Pursuant to Idaho Code 40-203, the Board of Bear Lake County Commissioners held a public hearing on November 21, 2003, as previously advertised in the Georgetown City Hall, in Georgetown, Idaho, beginning at 7:00 P.M., to receive public input in regards to the closure of Red Pine Canyon Road as requested by Martin Mast through his Attorney, Paul E. D'Amours.

Members of the Board present: Dwight L. Cochran, Chairman of the Board, Don C. Clark, Conrad E. Michaelson and Joan P. Eborn, Clerk of the Board.

Ardee Helm, County Prosecuting Attorney, Monte Transtrum, Road and Bridge Supervisor, Martin Mast and Paul E. D'Amours also attended the hearing.

Chairman Cochran called the meeting to order announcing the purpose of the hearing and asking those testifying to limit their comments to 5 minutes each and those in favor of closing the road would be allowed to testify first.

Chairman Cochran than turned the meeting over to Attorney Helm to conduct.

Attorney Paul E. D'Amours was asked by Attorney Helm to present his information first and he did offering, Exhibit #1, relating to an Idaho Supreme Court Ruling (Cite as: 138 Idaho 378, 64 P.3d 304) in regards to a road closure situation in Lemhi County. He claimed validation as required by the law of the Red Pine Canyon Road had not been complied with and that the road was in fact not an RS 2477 road.

Gary Brown, a Pocatello Realtor presented a map of the area of the road which became (Exhibit #2) stating there were other roads leading to the forest and he asked that the road the Commissioners had recognized as Red Pine Canyon Road as presented on his map be closed. Dave Berk, a Lava Realtor felt people should not be allowed to hunt on private property, and Ted Ray a property owner in that area also claimed people use his land to hunt on and for motorized vehicles traffic and both felt the road should be closed. Martin Mast also spoke on his own behalf asking the Commissioners to reconsider and act to close the Red Pine Canyon Road.

Approximately 75 individuals attended the hearing with 59 of those signing the roster. Ham Hamilton, read his testimony into the record in favor of protecting the public's right to have access to federal lands. He then presented a copy of his testimony in writing (Exhibit #3) to the Commissioners and the County Prosecuting Attorney. Others speaking in favor of validating the County's Recognition of the Public Road Status of Red Pine Canyon Road included the following: Ellie Hamilton, Steve Higgins, Carl Stoddard, Albert Johnson, Monty Smith, Rex Bartschi, Gloria Higgins, Greg Kunz, Glen Williamson, Paul Miller and Eddie Solum.

Commissioner Clark and Chairman Cochran both said the Red Pine Canyon Road had existed prior to the time the forest service was created.

One letter in favor of the public road status as recognized was submitted from Glen and Annell Williamson.

Nine petitions containing 241 signatures asking that the Red Pine Canyon Road not be closed were also received and made a part of the hearings. (Exhibit #4)

It appeared from public comments and other actions during the hearing that all those who attended the meeting, but five who testified against public road recognition and who wanted it closed were adamantly in favor of keeping the road open thereby, continuing to provide access to public lands using the Red Pine Canyon Road in the Georgetown area as had been the case for over a 100 years.

Commissioner Michaelson said he was impressed with the town turnout and what the Commissioners had intended was to get public input about Red Pine Canyon Road and that had definitely been accomplished.
Attorney Helm commented the public has a right to access public lands and so long as the access road meets the requirements of the law the county will continue to act to recognize public roads through private property leading to the forest as has been done in the past.

The hearing adjourned subject to recall by the Chairman or his order.

Verbatim minutes of the hearing are available upon request from the County Clerk's Office in Paris, Idaho.

/s/ Dwight L. Cochran____________
DWIGHT L. COCHRAN, Chairman

ATTEST:/s/ Joan P. Eborn_________
JOAN P. EBORN, Clerk

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11/24/03 - Public Hearing - Board of Equalization

Pursuant to Idaho Code 63-501, the Board of Bear Lake County Commissioners began meeting as a Board of Equalization on Monday, November 24, 2003, in the Commissioners Room of the Courthouse Annex in Paris, Idaho, at 11:00 A.M.

Members of the Board included Dwight L. Cochran, Chairman of the Board, Don C. Clark, Conrad E. Michaelson and Joan P. Eborn, Clerk of the Board.

Lynn Lewis, County Assessor also attended the meeting.

Chairman Cochran called the meeting to order for the purpose of equalizing the property entered upon the subsequent real and personal property assessment rolls, and also to determine complaints and to hear appeals in regards to the assessment of such property and to allow or disallow exemptions and rebates claimed under the provisions of this act.

No one appeared to protest the value of their property.

After a lengthy discussion and advise from the County Attorney Ardee Helm via a telephone conference and input from IAC by telephone, it was informally agreed the garbage fee applied to 2003 tax notices is for service in advance. It was also agreed that garbage fees would be applied to the occupancy roll.

Attorney Helm will provide the County with a written opinion and formal action will be taken during the regular meeting to be held on December 8, 2003.

The meeting recessed to adjourn on or before the first Monday in December as required by Idaho Law.

/s/ Dwight L. Cochran____________
DWIGHT L. COCHRAN, Chairman

ATTEST:/s/ Joan P. Eborn _____________
JOAN P. EBORN, Clerk

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