11/13/07 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Tuesday, November 13, 2007, beginning at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members present were Vaughn N. Rasmussen, Chairman, Dwight L. Cochran, Montain D. Kunz and Kerry Haddock, Clerk of the Board.

Rodney Wallentine, Treasurer, Brent Bunn, Sheriff, Greg Skinner, Road and Bridge Supervisor, Rosa Moosman, Editor of the News-Examiner, Bill Stock, John Martinez and DeAnn Bunderson also attended the meeting.

AMBULANCE ISSUES
John Martinez and DeAnn Bunderson met with the Commissioners regarding some Ambulance issues. They expressed some concern regarding a proposal to have Hospital employees do daytime transfers. They want to keep the Ambulance Service an all volunteer organization. Commissioner Rasmussen suggested getting on the next Hospital Board meeting agenda to discuss their relationship with the Hospital. The Commissioners expressed there support for the Ambulance Service and thanked them for what they do for the County.

ELECTED OFFICIALS MEETING
Sheriff Bunn presented his monthly report. He reported that the new patrol cars had been received and he would have a used club cab coming back. The Bear Lake County Fire District has expressed an interest in the used vehicle. Sheriff Bunn reported that he was very close to hiring one new officer and was in contact with another good prospect. He also reported on a GPS unit he was testing and a possible violation of the dog ordinance. Treasurer Wallentine reported that tax notices had been sent out and that he had 28 properties that were 3 year delinquent.

SOUTHEASTERN DISTRICT HEALTH DEPARTMENT REPORT
Leslie Talbot and Tiffany Preston presented the Health Department's quarterly report.
They reported administering lots of flu shots and an adequate supply of vaccine this year. They also said there had been minimal West Nile Virus in the County this summer.

MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Cochran to approve the minutes of the October 9, 2007 regular meeting and the October 17, 2007 special meeting. Motion was unanimous.

FOREST SERVICE ROAD AGREEMENT
Randy Tate and Dennis Duehren from the U. S. Forest Service met with the Commissioners regarding an updated Cooperative Master Road Agreement between the County and the Forest Service. The agreement was last signed in 1982. There were discussions regarding specific roads such as Eight Mile, Crow Creek and Home Canyon. Following the discussion, Commissioner Kunz made a motion seconded by Commissioner Cochran to sign the Master Agreement and Schedule A, assigning specific maintenance responsibility. Motion was unanimous.

BEAR LAKE FIRE DISTRICT
Craig Bunn met with the Commissioners to update them on the status of the Bear Lake Fire District. He presented a listing of the stations and equipment located throughout the Valley. He also presented information on home insurance rates in Bear Lake versus some surrounding Counties. He stated that our rates were considerably less because we had strategically placed equipment throughout the County. He reported that the Fire Department had a good working relationship with the Forest Service and did some joint training. Mr. Bunn complimented Chief Don Burdick for the time and effort he puts in and stated that this position needed to be a paid position. The Commissioners approved his request to give a surplus Sheriff's vehicle to the Fire District. Lastly, Mr. Bunn discussed a proposal being explored with the Ambulance Department to build a new joint-building located on what is now Fair Ground property. Following discussion of the issue, the Commissioners expressed support of exploring the idea.

BUDGET HEARING
The Commissioners held a short Public Hearing as advertised to increase the 2006-2007 Budget. Following the hearing, Commissioner Kunz made a motion seconded by Commissioner Cochran to adopt Resolutions 2007-13 and 2007-14 to increase the Fiscal Year 2007 Budget. Motion was unanimous.

RESOLUTION #2007-13

RESOLUTION INCREASING THE BUDGET
FOR FISCAL YEAR 2006-2007
COUNTY OF BEAR LAKE, STATE OF IDAHO

WHEREAS, Idaho Code Section 31-1605, requires a public hearing upon budget appropriations; and

WHEREAS, The Board of Bear Lake County Commissioners met in the Commissioners Room at the Bear Lake County Courthouse on Tuesday, November 13, 2007, pursuant to designated published time; and

WHEREAS, The County received unanticipated grant and contribution monies in the Current Expense and Hospital and Nursing Home funds;

THEREFORE, BE IT RESOLVED, the Bear Lake County Board of County Commissioners increase the Current Expense Budget by $45,000 and the Hospital and Nursing Home Budget by $28,322.77, neither of which will result in an increase in property taxes.

Adopted this 13th day of November, 2007.

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

ATTESTED:____________________________
KERRY HADDOCK, Clerk

RESOLUTION #2007-14

RESOLUTION INCREASING THE BUDGET
FOR FISCAL YEAR 2006-2007
COUNTY OF BEAR LAKE, STATE OF IDAHO

WHEREAS, Idaho Code Section 31-1605, requires a public hearing upon budget appropriations; and

WHEREAS, The Board of Bear Lake County Commissioners met in the Commissioners Room at the Bear Lake County Courthouse on Tuesday, November 13, 2007, pursuant to designated published time; and

WHEREAS, The County incurred mandatory expenditures required by law in excess of the Sheriff's prisoner budget;

THEREFORE, BE IT RESOLVED, the Bear Lake County Board of County Commissioners increase the Current Expense Budget by $58,772.59.

Adopted this 13th day of November, 2007.

BEAR LAKE COUNTY COMMISSIONERS

/s/ Vaughn N. Rasmussen
VAUGHN N. RASMUSSEN

/s/ Dwight L. Cochran
DWIGHT L. COCHRAN

/s/ Montain D. Kunz
MONTAIN D. KUNZ

ATTESTED:_____________________________
KERRY HADDOCK, Clerk

FUND TRANSFER RESOLUTION
Following a short discussion, Commissioner Kunz made a motion seconded by Commissioner Cochran to adopt Resolution 2007-15, transferring funds from the Current Expense Fund to the Juvenile Justice Fund until revenues are received to repay the Current Expense Fund. Motion was unanimous.

RESOLUTION #2007-15

RESOLUTION ORDERING THE TRANSFER OF APPROPRIATIONS FROM THE CURRENT EXPENSE FUND TO THE JUVENILE JUSTICE FUND TO MEET EXPENDITURES UNTIL FUNDS ARE RECEIVED

WHEREAS, Pursuant to Idaho Code 31-1508, the Bear Lake County Board of Commissioners do find that there was an unforeseen need for cash arising from the operations of Juvenile Justice that could not have been reasonably foreseen at the time of preparing of the budget.

WHEREAS, This operational cost will require the transfer of monies not provided for in the budget and demands for expenditures will not exceed appropriations. At the time funds are received, these funds will be transferred back to the Current Expense Fund.

THEREFORE, BE IT RESOLVED, that the Bear Lake County Board of County Commissioners by unanimous vote, do hereby, order a transfer of funds as follows:

Transfer of $2,000 from the Current Expense Fund to the Juvenile Justice Fund until such time that the funds are received and at that time transfer $2,000 from the Juvenile Justice fund to the Current Expense Fund.

Adopted this 13th day of November, 2007.

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:___________________________________
KERRY HADDOCK, Clerk

PARKS UPDATE
Kirk Rich reported on activity in the State Parks Department. He reported that the new groomer storage facility, restroom and parking lot in Paris Canyon had been completed. He also presented each Commissioner with a book he had written at the request of the Parks Director outlining the history of Bear Lake State Park.

HEALTH DEPARTMENT SEMINAR
Rod Horejs informed the Commissioners of a seminar that would be jointly sponsored by the Health Department and Homeland Security for Business leaders, Schools and Government Officials. The meeting would discuss possible consequences of various disasters. The Commissioners agreed to sign a letter of invitation to the event.

SEWER ALONG COUNTY ROAD
Wayne Davidson met with the Commissioners regarding a small subdivision he was doing. In order to connect to the St. Charles sewer he would have to dig a trench for about 700 feet along the Minnetonka Cave Road. He was told to work with Road and Bridge Supervisor Greg Skinner and pay a refundable deposit to be determined by Mr. Skinner. Any damage to the road would have to be repaired.

SCHOOL DISTRICT EXCESS PROPERTY
School Superintendent, Cliff Walters met with the Commissioners to discuss School District excess property. He stated that the district would be bidding the old Geneva School Building. The District has about 1,100 students in buildings that once housed 1800 to 1900 students. He asked the Commissioners if they might be interested in any other buildings including the Paris Elementary School. The Commissioners expressed interest in this building and will look at it.

MILL CANYON SNOWMOBILE PARKING
Mitchell Covert presented a letter to the Commissioners stating that he no longer wanted to allow snowmobile parking on his property at the entrance to Mill Canyon unless the County agreed to purchase the land or pay back rental for the property. The history will be investigated prior to next month's meeting.

BAILEY CREEK SUBDIVISION
Paul Jones met with the Commissioners regarding lots he owned in the Bailey Creek Subdivision. He wanted to make 2 lots out of 3 to have enough land to have a drain field. He had been unable to get guidance on the necessary steps to proceed. Planning and Zoning member Bill Stock stated that he would have to get a survey and amend the plat. The Commissioners will follow up with Planning and Zoning.

LIQUOR LICENSE RESOLUTION
Clerk Haddock presented Resolution 2008-01, specifying liquor license fees for the upcoming year. Commissioner Kunz made a motion seconded by Commissioner Cochran to adopt the Resolution. Motion was unanimous.

BEAR LAKE COUNTY RESOLUTION NO. 2008-01

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 2008.

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.

To be passed by the Board of County Commissioners of Bear Lake, State of Idaho, on the 13th day of November 2007, being the regular business meeting of the Board of County Commissioners for Bear Lake County, State of Idaho.

Jerry Hunzeker - JJ'S GAS & GROCERIES; CHYNA Corporation - GLADYS' PLACE; Michael Reed Jensen - JENSEN'S MARKET; Tim Newberry - BUTCH CASSIDY RESTAURANT; Jolara Lanes, Inc. - JOLARA LANES; Maverik Country Stores, Inc. - MAVERIK COUNTRY STORE #236; Bret T. Lower - FISH HAVEN GENERAL STORE; Bear Lake Cty Pst 3884 VFW Inc. - BEAR LAKE CTY VFW 3884; Robert Betley - BEAR LAKE WEST RESTAURANT & LOUNGE; Bear Cave LLC - BEAR CAVE GENERAL STORE; David R. Pack - MINNETONKA MARKET; Jerry Watson - U SAVE CONVENIENCE; William Lamar Nay & David Ralph Chase - PARIS COUNTRY STORE; Athena Reid - HITCHING POST; Broulim's Super Market Inc. - BROULIM'S SUPER MARKET INC.; Michael Roath - COUNTRY CORNERS CONVENIENCE STORE.

EXECUTIVE SESSION
Commissioner Kunz made a motion, seconded by Commissioner Cochran to convene in Executive Session per Idaho Code 67-2345(1) to discuss medical indigent cases. All Commissioners voted yes.

Following the Executive Session Commissioner Kunz made a motion seconded by Commissioner Cochran as follows:

MEDICAL ASSISTANCE CLAIMS
#2007-35 - Denied - Not indigent, discretionary income; Not the last resource.

#2007-36 - Denied - Not indigent, discretionary income; Not the last resource.

Motion was unanimous.

BILLS APPROVED
Commissioner Kunz made a motion seconded by Commissioner Cochran to approve the current bills. Motion was unanimous.

JUSTICE REPORT
Ron Harper presented his annual report of Juvenile and Adult Misdemeanor probation activity. There were 47 Juveniles and 155 Adults on probation at sometime during the year. This was down slightly from the previous year. Most of the offenses are drug and alcohol related.

COMPUTER CONTRACTS
The Commissioners signed a contract for a new tax program with Manatron, which will be a significant upgrade from the existing program. They also extended the contract with Computer Arts for the financial program.

JUVENILE DETENTION CENTER
Seth Scott, Director of the Juvenile Detention Center in Pocatello, met with the Commissioners to give an update on the Center. He gave a brief history of the Center. Bear Lake County currently owns 1 bed at an annual cost of $36,000. Power County would like to have an additional bed if Bear Lake and Caribou Counties would both drop to ½ of a bed. If we reduce our allocation, it might be hard to get it back if we need it in the future. There will be a meeting on December 7, 2007 with all of the Counties participating in the Center to discuss bed allocation and a possible expansion of the facility.

TAX DEEDED PROPERTY
Ken Yellen met with the Commissioners regarding a problem with property he purchased on a tax deed sale. The legal description isn't correct and the County is having the property surveyed. Mr. Yellen would like to get the matter settled as quickly as possible. The County will check with the attorney and seek a solution.

SPORTSMEN FOR HABITAT
Kelton Larsen, representing Sportsmen for Habitat, met with the Commissioners regarding Black Bear Mountain Resort and other developments in the County. He urged the Commissioners to consider wildlife habitat and to involve the Idaho Fish and Game Department in the process of approving developments.

COUNTY WIDE LAW ENFORCEMENT
Montpelier Mayor Reed Peterson and Councilman Bart Rigby met with Commissioners stating that they would like to do a comprehensive study of the possibility of the County handling law enforcement in Montpelier. There are other places in the state where this is working well. Mayor elect of Bloomington, Roy Bunderson asked if the study could include other municipalities in the County. The Commissioners were agreeable to form a committee to research the issue and felt that it should be a very thorough study involving all of the Cities.

UNRESOLVED ISSUES
Roy Bunderson met with the Commissioners regarding several unresolved issues. He noted that the deed for Allinger Park had not been transferred to the County and the solid waste ordinance needed to be enforced. He asked if the County had a policy on plowing private roads and noted that there needed to be a policy on prescriptive easement road width.

ROAD AND BRIDGE ISSUES
Greg Skinner, Road and Bridge Foreman, presented his monthly report. He had been doing a lot of work in the Pegram and Raymond area. He discussed the need to get new landfill fees in place.

PLANNING AND ZONING MEMBER
Commissioner Kunz made a motion seconded by Commissioner Cochran to appoint Tammy Kunz as a new Planning and Zoning member. Motion was unanimous.

Meeting adjourned subject to recall by the Chairman or his order.
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11/13/07 Commissioners Meeting Notice:

9:00 A.M. JOHN MARTINEZ - Ambulance

9:15 A.M. ELECTED OFFICIALS MEETING

9:30 A.M. Committee Assignment Reports

9:45 A.M. LESLIE TALBOT, TIFFANY PRESTON, DEE JOHNSON - Southeastern District Health Dept. Quarterly Report

10:00 A.M. DENNIS DUEHREN, RANDY TATE - Forest Service - Road Agreement & Easement Discussion/Decisions

10:15 A.M. CRAIG BUNN - Fire Department

10:30 A.M. BUDGET HEARING - Resolutions

10:40 A.M. KIRK RICH - Parks update

10:45 A.M. MITCHELL COVERT - Property for Snowmobile Parking

11:00 A.M. ROD HOREJS - Bear Lake Health Department - KEN FAGNANT - Homeland Security - Continuity of Operations

11:15 A.M. WAYNE DAVIDSON - Sewer along County Road

11:30 A.M. CLIFF WALTERS - School Superintendent - District Excess Property

11:45 A.M. PAUL JONES - Building Permit Application - Bailey Creek Area

LUNCH

1:00 P.M. SETH SCOTT - Director of Juvenile Detention Center

1:30 P.M. RODNEY WALLENTINE - Manatron Contract KERRY HADDOCK - Computer Arts Contract

1:45 P.M. KEN YELLEN - Tax Deeded Property

2:00 P.M. KELTON LARSEN - Sportsman for Habitat - Concerns RE: Black Bear Mountain & other Developments in the County

2:15 P.M. RON HARPER - ANNUAL REPORT

2:30 P.M. Montpelier City - County Wide Law Enforcement

2:45 P.M. ROY BUNDERSON - Unresolved Issues/Roads

UNFINISHED BUSINESS
Road & Bridge/Solid Waste Issues

Prescriptive Easement Discussion

Attorney Office move.

NEW BUSINESS
Approve October's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Personnel Issues & Medical Assistance Claims

Beer, Wine, Liquor Licenses/Resolution

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