10/17/07 Special Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in a special session on Wednesday, October 17, 2007 at 9:00 A.M. in the Commissioners Room of the Courthouse Annex, Paris, Idaho to discuss the Whisper Mountain Contract, a new ambulance/fire department building and to hold an executive session to discuss the purchase of real estate and medical assistance claims. Members present were Vaughn N. Rasmussen, Chairman, Dwight L. Cochran, Montain D. Kunz, and Colleen Freeman, Deputy Clerk for Kerry Haddock, Clerk who was presently out of the County.

Ardee Helm, Prosecuting Attorney, Lynn Lewis, Assessor, Rodney Wallentine, Treasurer, and Rosa Moosman, Editor for the News-Examiner also attended the meeting.

Per request, the Commissioners agreed to add to the agenda a discussion period for Ardee Helm, Prosecuting Attorney's Office Space.

PLANNING AND ZONING
Judy George and Mitch Poulsen, Planning and Zoning Commission presented the Whisper Mountain Contract for the Commissioners review.

Attorney Helm had reviewed the contract and stated that he would change the last sentence on the first page to state: "Any work performed not directly tied to an application will be done only with prior approval from the Bear Lake County Commissioners upon recommendation from the Chairman of the Bear Lake Planning and Zoning Commission.

Commissioner Kunz made a motion seconded by Commissioner Cochran to accept the Whisper Mountain contract based upon the changes discussed. To add the last sentence on the first page: "Any work performed not directly tied to an application will be done only with prior approval from the Bear Lake County Commissioners upon recommendation from the Chairman of the Bear Lake Planning and Zoning Commission". Motion was unanimous.

PROSECUTING ATTORNEY - OFFICE SPACE
Attorney Ardee Helm, discussed with the Commissioners the need for finding office space. He noted he has looked into the basement offices of the Courthouse and would probably be able to utilize this space with some remodeling. He was concerned about the ventilation and Chairman Rasmussen noted it would be checked into.

AMBULANCE/FIRE DEPARTMENT BUILDING
Richard Gleed, Rhett Phelps, Allyn Phelps, Beau Williamson, Chad Higley and Rod Jacobson, Hospital Administrator met with the Commissioners to discuss possibilities for a new Ambulance/Fire Department building as the present Ambulance Garage is very unaccommodating and the Fire Department needs a place to hold meetings as well as to store their trucks.

EXECUTIVE SESSION
Commissioner Cochran made a motion seconded by Commissioner Kunz to convene an executive session to discuss the purchase of real estate and medically indigent claims.

At the conclusion of the executive session, Commissioner Kunz made a motion seconded by Commissioner Cochran to reconvene the regular meeting. Motion unanimously carried.

MEDICAL ASSISTANCE CLAIM

#2007-34 - Denied - Not the last resource; Not medically indigent; *pending other/more information.

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

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10/17/07 Special Commissioners Meeting Notice:

 PUBLIC NOTICE - THE BOARD OF BEAR LAKE COUNTY COMMISSIONERS WILL BE MEETING IN A SPECIAL MEETING ON WEDNESDAY, OCTOBER 17, 2007, AT 9:00 A.M. IN THE COMMISSIONERS ROOM OF THE COURTHOUSE ANNEX WITH JUDY GEORGE, PLANNING AND ZONING REGARDING THE WHISPER MOUNTAIN CONTRACT AND AT 9:15 A.M. TO DISCUSS A NEW AMBULANCE/FIRE DEPARTMENT BUILDING. THEY WILL ALSO BE MEETING IN AN EXECUTIVE SESSION TO DISCUSS THE PURCHASE OF REAL ESTATE AND MEDICAL ASSISTANCE CLAIMS.
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10/9/07 Commissioners Meeting Minutes:

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

Lynn Lewis, Assessor, Rodney Wallentine, Treasurer, Greg Skinner, Road and Bridge Supervisor, Brent Bunn, Sheriff, Rosa Moosman, Editor of the News-Examiner, Tom Hulme, Judy George, Mitch Poulsen, Bill Stock, Charles Hulme, Richard Armatage,
Ted Galivant, Brad Auger and Bruce Barrett also attended the meeting.

BLACK BEAR MOUNTAIN REZONE
Commissioner Rasmussen reviewed the Black Bear Mountain application to rezone the land they wanted to develop from Agricultural to Large Scale Planned Unit Development. Concerns were expressed regarding the return to agricultural if the development didn't go forward and the issue of water availability. Commissioner Kunz stated that he had given a lot of thought to the issue and felt that the applicants had met all the requirements for the rezone. Commissioner Kunz made a motion seconded by Commissioner Cochran to approve the rezone application per the recommendation of Planning and Zoning with the conditions that the zoning can revert back to Agricultural if the development doesn't go forward and that Planning and Zoning, Black Bear Mountain and the Idaho Department of Water Resources work together to address water issues. All Commissioners voted in the affirmative.

ELECTED OFFICIALS
Treasurer Wallentine presented information on the new computer system he will be purchasing. He reported on his budget committee formation and meetings. Commissioner Rasmussen asked him to post future meetings and make them public. Assessor Lewis asked for clarification on charging garbage fees to vacant business buildings. After discussion, it was decided that it is the business that is charged the garbage fees rather than the building. Sheriff Bunn presented his monthly report. He also presented a proposed contract with Caribou County for housing prisoners for the next year. The Commissioners decided to contract for 6 beds at $49 per day. Additional prisoners will be housed at $52 per day. Commissioner Kunz made a motion seconded by Commissioner Cochran to accept and sign the contract. Motion was unanimous. Sheriff Bunn reported that the Idaho Department of Corrections population was increasing and that that they were now contracting with Counties to house prisoners. The Commissioners discussed speed limits on County roads. It was decided to post the North Loop Road at 35 mph. Clerk Haddock reported that the School District would let the Commissioners meet in the School Administration Board Room temporarily when the dispatch center is moved to Paris.

PLANNING & ZONING - WHISPER MOUNTAIN CONTRACT
Judy George and Mitch Poulsen presented a proposed contract between the County and Whisper Mountain to have them provide legal, engineering and administrative services for Planning and Zoning regarding certain large scale developments. These fees would then be passed on to the developers to reimburse the County per the Planned Unit Development and Subdivision Ordinances. Attorney Helm suggested a few changes to the contract prior to the Commissioners approval.

BUDGET RESOLUTIONS
The Commissioners held a short public hearing to increase several budgets in the 2007 fiscal year. Following the hearing, Commissioner Cochran made a motion seconded by Commissioner Kunz to adopt Resolution #2007-10, to fix the 2008 budget and Resolutions #2007-11 and #2007- 12, to increase the 2007 budget. Motion was unanimous.

RESOLUTION #2007-10
RESOLUTION ADOPTING THE ENSUING BUDGET
FOR FISCAL YEAR 2007-2008
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 County Commissioners met in the Commissioners Room at the Bear Lake County Courthouse on Monday, September 10, 2007, pursuant to designated published time; and

WHEREAS, No one attended said designated hearing to voice any opposition to said budget; so

THEREFORE, BE IT RESOLVED, That upon conclusion of said hearing, the Bear Lake County Board of County Commissioners determined and fixed the amount of the FY 2008 budget in the amount of $6,151,310, which is not greater than the amount of the published tentative budget nor includes an amount to be raised from property taxes greater than the amount advertised.

Adopted this 9th day of October, 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 #2007-11
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 County Commissioners met in the Commissioners Room at the Bear Lake County Courthouse on Tuesday, October 9, 2007, pursuant to designated published time; and

WHEREAS, The County received unanticipated grant money in the Airport and Snowmobile funds.

THEREFORE, BE IT RESOLVED, the Bear Lake County Board of County Commissioners increase the Airport Budget from $70,000 to $233,850 and the Snowmobile Budget from $50,000 to $157,790, neither of which will result in an increase in property taxes.

Adopted this 9th day of October, 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 #2007-12
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 County Commissioners met in the Commissioners Room at the Bear Lake County Courthouse on Tuesday, October 9, 2007, pursuant to designated published time; and

WHEREAS, Bear Lake County had mandatory expenditures required by law in excess of the budget.

THEREFORE, BE IT RESOLVED, that the Bear Lake County Board of County Commissioners increase the Tort Budget from $5,000 to $117,000 and the Indigent budget from $50,000 to $141,600.

Adopted this 9th day of October, 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

ROAD AND BRIDGE ISSUES
Greg Skinner, Road and Bridge Supervisor, presented his monthly report. He expressed concern over some approaches at Bear Lake West that were interfering with drainage. We will seek voluntary compliance to insure proper drainage. Attorney Helm agreed to write an Ordinance to insure compliance.

CASCADE EARTH SCIENCE CONTRACT
The Commissioners discussed a contract with Cascade Earth Sciences for ground water sampling at the landfill. The Four County Coalition had bid the service for all four Counties and Cascade Earth Sciences was the low bidder. Commissioner Kunz made a motion seconded by Commissioner Cochran to accept and sign the contract. Motion was unanimous.

SHERIFF'S VEHICLE BID OPENING
The Commissioners opened bids for two Sheriff's vehicles. Jensen Wood was the low bidder at $22,283 each. Commissioner Kunz made a motion seconded by Commissioner Cochran to accept the low bid. Motion was unanimous.

MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Cochran to approve the minutes of the September 4, 2007, special meeting and the September 10, 2007, regular meeting. Motion was unanimous.

DISASTER AREA LETTER
The Commissioners considered a request of the Bear Lake County USDA Emergency Board to send a letter to Governor Otter requesting that Bear Lake County be declared a disaster area due to drought and frost conditions in 2007. Commissioner Kunz made a motion seconded by Commissioner Cochran to sign and send the letter to the Governor. The motion was unanimous.

PRESCRIPTIVE EASEMENTS
The Commissioners discussed at length the width of County Roads and rights-of-way obtained by prescriptive easements. Attorney Ardee Helm explained that the width of prescriptive rights-of-way are determined by useage and maintenance. The County has been unable to locate any documentation declaring a standard width for County Roads although the consensus was that the County had always used 60 feet as standard width. The statutes are somewhat vague and it may be necessary to submit the question on any particular road to the Courts. The issue needs further research and the County needs to adopt a policy on the width of prescriptive easements.

FAIR GROUNDS USE
Wayne Keetch asked the Commissioners if they could plow enough of the Fair Grounds parking lot that he could conduct commercial driver's license testing in the winters. After Mr. Keetch explained his needs, Road and Bridge Supervisor Greg Skinner stated that the County presently plows enough of the lot to allow the testing.

EMT AND FIRE DEPARTMENTS MEETING
The Commissioners scheduled a meeting with County EMT and Fire Department Personnel for October 19, 2007 to discuss new building options.

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

REPORT GRAND TOTAL . . . . . 740,017.23 322 TOTAL VOID/CANCEL . . . . . 23,548.90 * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
716,468.33

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

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

MEDICAL ASSISTANCE CLAIMS
#2007-22 - Approved - Resident; Obligated County; Medically Indigent; Medically Necessary; Last Resource

#2007-29 - Denied - U of U withdrew appeal; Not Medically Indigent; Not last resource; Applicant did not cooperate.

#2007-30 - Approved - Resident; Obligated County; Medically Indigent; Medically Necessary; Last Resource.

#2007-31 - Denied - Not Medically Indigent; Not the last resource.

#2007-32 - Denied - Not last resource

#2007-33 - Denied - Not Medically Indigent; Not the last resource.
Motion was unanimous.
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10/9/07 Commissioners Meeting Notice:

9:00 A.M. BLACK BEAR MOUNTAIN REZONE

9:15 A.M. ELECTED OFFICIALS MEETING

9:30 A.M. Committee Assignment Reports

9:45 A.M. JUDY GEORGE, Planning and Zoning - Whisper Mountain Contract/County Impacts/Doug Johnson

10:00 A.M. PUBLIC HEARING - 2007 BUDGET INCREASES / RESOLUTIONS

10:15 A.M. MITCHELL COVERT - Parcel #3702.01 Property - Snowmobile Parking Lot

10:30 A.M. BID OPENING - Sheriff's Vehicle

10:45 A.M. ARDEE HELM & ROY BUNDERSON - Discussion - Bear Lake County Roadways with Prescriptive Easement & Deeded Right-of-Ways

11:00 A.M. WAYNE KEETCH - Fair Ground Use

11:15 A.M.

11:30 A.M.

11:45 A.M.

UNFINISHED BUSINESS
Road & Bridge/Solid Waste Issues

Planning and Zoning Member

CES Well Testing Contract

Resolution #2007-10 - FY 2007/2008 Budget

NEW BUSINESS
Approve September's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Personnel Issues & Medical Assistance Claims

Jr. College Residency Affidavits

Bear Lake County Declaration Disaster Area Letter

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