10/25/04 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners began meeting on Monday, October 25th, 2004, at 11:00 A.M., in the Commissioners Room of the Courthouse Annex to discuss the purchase or lease of a Front-end Loader for the Road & Bridge Department. Commissioner Dwight L. Cochran, Commissioner Conrad E. Michaelson and Joan P. Eborn, Clerk of the Board attended the meeting. Don C. Clark, Chairman of the Board was excused to keep a Doctor's appointment.

Commissioner Michaelson acting as Chairman of the Board called the meeting to order:

Greg Skinner, Road & Bridge Supervisor and Jerry Humpherys, Assistant Supervisor also attended the meeting.

Jim Betty, Sales Representative for Western States Equipment Company presented information in regards to a governmental purchase of equipment without the competitive bidding process. Betty presented a copy of a letter referring to Idaho Code 31-4002, "that if a contract has been competitively bid by the state, one of its subdivisions or the federal government, a city, county, or county highway the district need not go through that process again and may use the price in that previously bid contract to purchase personal property, such as equipment from Western States." Similarly, state law provides that no bid is required when the price is set using GSA schedules.

As such, Mr. Betty then presented the following bid: One new 966G II Loader CAT List Price of $323,673 minus the GSA Discount of $74,250 amounting to a GSA Sell Price of $249,423 plus non-cat items not subject to GSA discount of $18,275 for a total of $267,698 minus additional WSECO discount of $13,899 less a 966C trade in allowance of $13,000 for a total of $240,809, with a 5 year/5000 hr guaranteed buy back of $137,000.

A five-year lease agreement with Wells Fargo Equipment Finance, Inc. was also reviewed wherein the county would make five payments of $28,444.60 reflecting a 4.45% interest rate with a residual of $137,000. It was also noted the lease agreement has a 5 year warranty on the new loader.

After a discussion as to the condition of the 966 C Loader the county presently owns and recognizing that the amount to repair the 26 year old loader is more than the first payment for the new Loader. Therefore Commissioners Michaelson made a motion seconded by Commissioner Cochran to accept the lease/purchase of One new 966 G II Loader submitted by Western States Equipment by piggy backing a previous bid submitted by Western Equipment to Oneida County as described above. Motion unanimously carried.

Commissioners Michaelson talked briefly about a meeting at the NRC Office in regards to grasslands reserve payments whereby John Carter was given a grasslands reserve easement of $200,000 for 250 acres of land up Paris Canyon which he claimed was used for cattle grazing. He said the only individuals who are able to appeal or file a complaint are those who had previously made application for an easement consisting of himself, Ron Jensen and Robert Muir.

Michaelson also reported that as a result of several meetings held throughout the county five committees consisting of 5 members each had been formed and will make recommendations to the Commissioners in regards to securing public access roads to public lands.

Commissioner Michaelson made a motion seconded by Commissioner Cochran to adjourn the meeting. Motion unanimously carried.

RESOLUTION 2005-04

RESOLUTION ORDERING TRANSFER OF APPROPRIATIONS FROM THE CURRENT EXPENSE FUND TO THE FAIR FUND TO MEET EXPENDITURES UNTIL PROPERTY TAXES ARE COLLECTED:

WHEREAS: Pursuant to Idaho Code 63-914 the Bear Lake County Board of Commissioners do find that there was an unforeseen need for cash arising from the operations of the County Fair that could not have been reasonable foreseen at the time of preparing of the budget.

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

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

Transfer of $5,000 from the Current Expense Fund to the Fair Fund until such time that property taxes are collected and at that time transfer $5,000 from the Fair Fund to the Current Expense Fund.

Adopted this 12th day of October 2004.

BOARD OF BEAR LAKE COUNTY COMMISSIONERS

DON C. CLARK, Chairman

DWIGHT L. COCHRAN

CONRAD E. MICHAELSON

ATTEST: JOAN P. EBORN, Clerk

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10/12/04 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners began meeting at 9:00 A.M, on Tuesday October 12th, 2004, in regular session in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present included Don C. Clark, Chairman of the Board, Dwight L. Cochran, Conrad E. Michaelson and Joan P. Eborn, Clerk of the Board.

Ardee Helm, Prosecuting Attorney, Rosa Moosman, Editor of the News Examiner, Bill Stock, Paul Underwood and Roy Bunderson also attended the meeting.

Chairman Clark offered the opening prayer:

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

BEAR LAKE COUNTY FIRE MITIGATION AND ACTION PLAN
Mitch Poulsen, Bear Lake Regional Commission made a presentation concerning The Bear Lake County Fire Mitigation Plan. He informed the Commissioners the Plan had been made available to the public at several different locations in the County. A $36,000 grant was used by the Regional Commission to develop the Plan. The Fire Mitigation Plan is to provide Bear Lake County residents, public and private organizations with assistance and recommendations to reduce risk and hazards presented by wildfires within the county. Better equipment in some areas of the county is needed. Lightening is the major cause of wildfires in the county. The Commissioners acted unanimously to approve and sign the Wildland Fire-Urban Interface Communities-At-Risk Hazard Assessment, Mitigation and Action Plan as presented and prepared by the Bear Lake Regional Commission.

DOCUMENTS APPROVED AND SIGNED
The Commissioners acted unanimously to approve and sign the following documents:
Service Provider Agreement with Eastern Idaho Health Services Behavioral Health Center.
Memorandum of Agreement between Minidoka County, State of Idaho (Representing the Mini-Cassia Juvenile Detention Center) and County of Bear Lake, State of Idaho. Extension Agreement with the University of Idaho.
Schedule of Bills Paid for the months of July and August 2004.
Local Highway Technical Assistance Council
FY 2003 JAIBG Project Award

ELECTED OFFICIALS - EMPLOYEES
Lori Stafford and Dale Thornock, employees in the Assessor's Office presented a petition from 44 county employees stating "We the employees of Bear Lake County feel that it is not necessary to have an independent agent represent us with the Gem Plan. We feel that it is an added expense to the County that could be put to better use." They also said the employees want to be in charge of their health care and wondered if the Commissioners would consider organizing a task force comprised of a Commissioner, another elected official and several employees.

Later during the meeting and after having contacted the Gem Plan Dale Thornock and Lori Stafford returned to the meeting reporting 1/3 of the counties do not have agents and the 1% of the premium that is set apart for agents could be used to pay claims and keep the premiums down.

SHERIFF'S REPORT
Brent Bunn, County Sheriff presented and reviewed his department's September 2004 report of activity. He voiced concern about the drug dog having emergency surgery informing the Commissioners the dog is 9 years old and another dog should be considered sometime in the future.

There's more work on drug cases in the county but no meaningful drug rehabilitation program locally. Prison is not always best, some do better on probation and poorly once they are off.

AGENT FOR GEM PLAN
Tom Hulme said he was not expecting the issue of whether or not an agent was necessary for the major medical insurance program in the county and he asked the Commissioners to consider him as the local agent for the Gem Plan. He also asked the county to send a letter informing Blue Cross of Idaho the county would cancel their major medical insurance plan with them as of October 1, 2004. The Commissioners took the matter under advisement.

Later however, during the meeting and recognizing the employee's feelings the Commissioner Michaelson made a motion seconded by Commissioner Cochran to no longer have a local insurance agent for the employee's major medical insurance policy. Motion unanimously carried.

Jerry Humpherys and Todd Boehme, Road & Bridge employees joined the meeting in progress.

SOLID WASTE FEE
Ruth Woolstenhulme asked the Commissioners to waive the $240 Dumpster fee required when applying for a building permit. She said they were building a small log building and were burning the refuse and didn't think she should be charged the fee. The Commissioners were sympathetic to her situation and will address her concern and should it be determined the fee is not appropriate they will refund it.

Attn. Helm cautioned the Commissioners about allowing residents to burn garbage.

Assessor Lewis informed the Commissioners as he is out appraising property in the county he no longer sees the garbage problem as there has been in the past and that burning is not a solution.

Lyman Kunz also met with the Commissioners asking them again to cancel the solid waste fee applied to his tax statement stating he burns his garbage and does need or want them to pick up garbage at his residence and shouldn't be charged for a service he does not receive.

BID OPENING FOR NEW AUTOMATED GARBAGE TRUCK
Terry Wagner representing Metroquip, Inc was in attendance as the Commissioners opening the following bids for the new automated garbage truck and compactor as follows:

Lake City International - Bid for Cab & Chassis - $85,643.
Boise Peterbilt Inc. - Bid for Cab & Chassis - $79,466 with an option to install a Dana Spicer Full Lock Differential Lock on both drive axles for an additional amount of $1,031 total of $80,497.

Metro Quip, Inc. - Bid for Curbtender - Fully Automated Side Loader - $85,526

After a review of the bids and the bid bonds, Commissioner Michaelson made a motion to accept the low bid from Boise Peterbilt, Inc for the Cab and Chassis in the amount of $76,466 and to also purchase the differential lock on both drive axles for an additional $1,031 and to also accept the bid of MetroQuip, Inc for the automated side loader in the amount of $85,526 for a total price of $163,023. Commissioner Cochran seconded the motion. Motion unanimously carried.

BEAR LAKE WEST ROADS
Bob Betley and Ron Jay asked the Commissioners to do something about opening the Mountain Way Road that has been gated and locked by Mr. Helm. He asked the Commissioners to direct the Sheriff to open the road and keep it open. Mountain Way Road has historic use and should be left open to the public as the road also provides access to public lands. Maps were also reviewed of the area. The new fire mitigation plan recommends two accesses to every property. Other emergency services maybe affected if there's only one access to property in that area. The Commissioners wondered if Planning and Zoning has made any recommendations in regards to Mountain Way Road.

PUBLIC MEETINGS - ROADS
Commissioner Michaelson said meetings through-out the county are being held in an effort to set standards for claiming roads for access to public lands and to identify various roads in the county. Committees are being organized to determine which roads should remain open to the public.

Gates across the road in Canyon Estates is also an issue to be resolved with some residents and developers wanting the county to make it a public road.

PROSECUTING ATTORNEY
Attorney Helm informed the Commissioners he is anticipating hip replacement surgery the first part of November and will be gone 8 to 12 weeks. Criss James the Caribou County Prosecutor will fill in for him as a temporary prosecutor when he can and on law and motion days. Some discussion ensued as to the costs for substitute counsel. Judge Harding does not want the additional costs to be paid out of the District Court Fund. It was acknowledged there are no additional monies in the Prosecutors budget but $10,000 was allocated in the Current Expense budget for substitute counsel. The matter and the amount of payment for substitute counsel was taken under advisement.

ORDINANCE ENFORCEMENT AND STATUTE COMPLIANCE
Roy Bunderson voiced his concern in regards to several issues, the enforcement of the fire ordinance, the animal control ordinance and the solid waste ordinance stating they should either be enforced or removed from the county records. He addressed weed problems in the county asking for compliance with the mandatory enforcement that's required by Idaho Law and presented copies of IC 22-2405 for review asking the Commissioners to direct the Weed Supervisor to comply.

He also presented copies of the Attorney General's Opinion in regards to using county equipment and manpower for private individuals and said the county should not be providing that kind of service unless it's unavailable through the private sector.

Bunderson also asked about a meeting two of the Commissioners went to with Rich County Commissioners questioning their actions and if they had complied with the open meeting law which requires public notice in advance of the meeting.

SOLID WASTE & ROADS
Commissioner Michaelson reported that at the meeting they had discussed an alternate road access to the Elk Valley Sub-division in Utah rather than using roads in Bear Lake West and also what to do about residents and contractors in that subdivision using Dumpsters located at Bear Lake West. The county is not being reimbursed even though old information indicates they were supposed to be but no formal agreement was ever signed between Bear Lake County and Rich County. He also stated no resolutions or decisions were made at the meeting and therefore he felt they had complied with the open meeting law.

PUBLIC HEARING
Residents of the county attending the public hearing included Lynn Lewis, Assessor, Ardee Helm, Prosecuting Attorney, Rod Jacobson, Bear Lake Memorial Hospital Administrator, Rosa Moosman, Editor for the News Examiner, Roy Bunderson, Bill Stock and Paul Underwood.

The Board of Bear Lake County Commissioners in attendance at the hearing consisted of Chairman Don C. Clark, Dwight L. Cochran, Conrad E. Michaelson and Clerk Joan P. Eborn.

Promptly at 11:30 A.M., Commissioner Michaelson made a motion seconded by Commissioner Cochran to recess the regular meeting and to convene a public hearing as previously advertised in regards to the county making application for a Community Development Block Grant in the amount of $500,000 to be used in conjunction with other funding for improvements to the Bear Lake County Nursing Home. Motion unanimously carried.

Chairman Clark called the hearing to order and turned the time over to Susan Lorenz and Heidi Herald representing SEICOG who then presented information to those individuals at the hearing about what is involved in obtaining a block grant.

There was a discussion as to the application, the scope of the work wherein the existing nursing home structure will be remodeled to create an additional floor space of 12,982 square feet with basement space of 6,758 square feet to be used for staff meeting rooms and storage. Anticipated funding sources include $370,000 from the Hospital Foundation, the Hospital Auxiliary $130,000, Federal Appropriations of $493,664, Hospital Reserves $1,000,000 a Bond of $1,800,000 and the block grant of $500,000 for a project total of $4,293,644. The schedule of the project was reviewed as well as the benefits to the community. The project will provide access to services without residents having to leave the area. The grant funds will specifically benefit low and moderate-income persons in Bear Lake County.

Ms. Lorenz also presented various other documents for approval and signatures as follows:

County Excessive Force Policy - Resolution #2005-02 (See Attached)

Idaho Community Development Block Grant Citizen Participation Plan County of Bear Lake (See Attached)

Residential Anti-displacement and Relocation Assistance Plan (See Attached)

Fair Housing Resolution #2005-03 (See Attached)

Rod Jacobson said it's a big project they have tried to be ingenious in efforts to raise funding pursuing every available source. The design does not add more beds but provides other needs.

There were no comments against pursuing the grant.

At the conclusion of the hearing Commissioner Michaelson made a motion seconded by Commissioner Cochran to approve applying for the $500,000 grant as presented and to also authorize Chairman Clark to sign the documents as presented. Motion unanimously carried.

Commissioner Cochran made a motion seconded by Commissioner Michaelson to adjourn the public hearing and to convene an executive session to discuss legal issues in the county. Voting of the Commissioners was unanimous.

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

At the conclusion of the executive session Commissioner Michaelson made a motion to adjourn the executive session and reconvene the regular meeting. Commissioner Cochran seconded the motion. Voting of the Commissioners was unanimous.

RED PINE CANYON ROAD
The Commissioners unanimously elected not to proceed with the validation of the Red Pine Canyon Road at this time but are planning to conduct a general revision of all public access roads to public land in Bear Lake County in the near future.

The Commissioners acted unanimously to recess the regular meeting until 2:30 P.M., which allowed the Commissioners and Clerk to attend the funeral of Cliff Sizemore, who served as the County Veterans Service Officer.

Chairman Clark called the meeting to order to continue county business as follows:

OREGON TRAIL MUSEUM FUNDING APPROVED
Peg Richards and Scott Olson representing the National Oregon/California Trail Center presented information in regards to various activities at the Center this past summer indicating the center is at an almost break even point except for an outstanding loan of $75,000. They need $25,000 immediately to make the loan payment and simply do not have the funding unless the Commissioners agree to release the allocation set forth in the FY 2005 Budget. At the conclusion of a lengthy discussion about the benefits and liabilities of the Center to the community and the county, Commissioner Michaelson made a motion to release funding in the amount of $27,000 to the Oregon Trail Center for the $25,000 loan payment on the outstanding loan of $75,000 and other operational costs. Commissioner Cochran seconded the motion, motion unanimously carried.

CHAMBER OF COMMERCE
Scott Olson also asked the Commissioners for $10,000 to help construct a welcome/visitor center on the Kings parking lot. He informed them Teri Eynon had resigned and Beth Tofaya had taken her place. Plans are to start the project within the next two weeks. An earlier commitment made by the Commissioners had to do with the Chamber obtaining a grant in which they were unsuccessful. Olson said they have other commitments for funding from the City of Montpelier, the Chamber and the Lions Club and felt the Commissioners should honor their previous commitment. Questions were asked in regards to who would be responsible for maintenance and operation of the building, ownership and how much funding would be coming for the other sources. Once that information is made available the Commissioners will reconsider the $10,000 funding request.

BUILDING ADMINISTRATOR
The Commissioners accepted the resignation of Jack Gregerson, Building Permit Administrator, effective as of November 1st, 2004. The position will be advertised and it was noted several individuals have expressed interest in the position.

WEED CHEMICAL SALES
The impact to local business and private enterprise when the county sells chemicals at a lower price was discussed and it was decided that in the future the county would sell chemicals for the same amount as local businesses are charging.

ECONOMIC DEVELOPMENT
As a result of a meeting held on September 7th, discussion ensued as to the costs and benefits of a study in regards to the construction of an Ethanol Plant in Bear Lake County. The construction of a 50,000 square foot facility at the Airport and the possibility of a business locating here requiring 10-20 employees was also so discussed and questions as to would the county be interested if the details can be worked out. Commissioner Michaelson made a motion to contact Richard Westerburg, Economic Development Specialist for his assistance in both areas before committing any county resources. Chairman Clark seconded the motion. Motion unanimously carried.

QUARTERLY REPORTS REVIEWED AND APPROVED
The Commissioners reviewed and approved quarterly reports from the Recorders Office, the Sheriffs Office and the Treasurers Office as presented by Clerk Eborn.

LOCAL RURAL HIGHWAY FUNDING
The Commissioners agreed to apply for funding from Local Rural Highway Investment Program for funding to put a seal coat on the road between Dingle and the Hot Springs. It is a grant program established by the Idaho Transportation Board in conjunction with LHTAC.

RESOLUTION TO TRANSFER FUNDS - FAIR FUND
After reviewing the expenses of the Fair Fund and the balance of money in the Fair Fund and recognizing local providers would not get paid unless funding was transferred the Commissioners acted unanimously to adopt Resolution #2005-04 transferring $5,000 to the Fair Fund from the Current Expense. (See Attached)

The Commissioners acted unanimously directing Clerk Eborn to advertise the sale of bucking chutes by sealed bids no longer needed at the Fair Grounds.

It was also noted the Commissioners plan to reorganize the Fair Board sometime in the near future. In an effort to limit expenses Chairman Clark said the Fair Board does not plan to hire outside entertainment again.

PREVIOUS MINUTES APPROVED
Commissioner Cochran made a motion seconded by Commissioner Michaelson to approve the minutes for the budget hearing on September 7th and the regular meeting held on September 13th. Motion unanimously carried.

CLAIMS ALLOWED PAID
The Commissioners reviewed and approved claims submitted by Clerk Eborn, authorizing payment as follows:

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

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10/12/04 Commissioners Meeting Notice:

9:00 A.M. MITCH POULSEN - Bear Lake County Fire Mitigation Plan
Presentation

9:15 A.M. ELECTED OFFICIALS MEETING - Lori Stafford and Dale Thornock - Petition - Insurance Agent

9:30 A.M. TOM HULME - Agent for Gem Plan

9:45 A.M. RUTH WOOLSTENHULME - Garbage Fee

10:00 A.M. BID OPENING FOR GARBAGE TRUCK

10:15 A.M. BOB BETLEY - Bear Lake West Road Issues

10:30 A.M. ROY BUNDERSON - Ordinance Enforcement Statute Compliance

10:45 A.M.

11:00 A.M. SUSAN LORENZ - SEICOG - Present Ordinances for Adoption Block Grant Requirements

11:15 A.M. " " " " "

11:30 A.M. PUBLIC HEARING - BLOCK GRANT - NURSING HOME

11:45 A.M. " " " " "

LUNCH EXECUTIVE SESSION - Prosecuting Attorney Temporary Help

1:30 P.M. SCOTT OLSON - PEG RICHARDS - $10,000 Chamber Funding $27,000 Oregon Trail Center Funding

1:45 P.M.

2:00 P.M.

OLD BUSINESS
Approve Minutes of Previous Meetings

Road & Bridge/Solid Waste/Garbage Issues

Decision of Chamber Funding - $10,000

Fair Board Reorganization

Results of Committee Meeting held on September 30, 2004 in regards to access to public lands

Ethanol Proposal Discussion

Discuss Canyon Estates Access/Doug Johnson Development/Lakeshore Development Access

Next Action on Red Pine Canyon Road/Standards for Public Right-of-Way

Agent for Gem Plan

Plan Administrator

NEW BUSINESS
Review and Approve Claims Submitted

Weed Chemical Sales

Discussion in regards to meeting with Rich County Commissioners

Conrad Michaelson selected for Federal Court

50,000 square foot building at Airport

Building Administrator
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