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 COUNTY COMMISSIONERS MEETING MINUTES & PUBLIC NOTICES


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12/16/10 Bear Lake Regional Commission and Bear Lake Valley Convention and Visitors Bureau Meeting:
The next meeting of the Bear Lake Regional Commission and the Bear Lake Convention and Visitors Bureau will be held on Thursday, December 16, 2010 at 6:00 pm at Cooper’s @ at Bear Lake West, 155 US Hwy. 89, Fish Haven, ID. Please RSVP Christy at 435-946-2198. BLRC AGENDA: Christmas Social/dinner (the dinner will be a NO HOST meal) No agenda items will be discussed

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12/14/10 Public Notice:

THE BOARD OF BEAR LAKE COUNTY COMMISSIONERS WILL BE ATTENDING A SENIOR OFFICIALS DISASTER PREPARDNESS MEETING ON TUESDAY, DECEMBER 14, 2010 AT 9:00 A.M. AT THE CARIBOU COUNTY EMS BUILDING, 40 WEST CENTER, SODA SPRINGS, IDAHO.

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12/13/10 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, December 13, 2010, beginning at 9:00 A.M. in the School District #33 Board Room in Paris, Idaho. Members present were Vaughn N. Rasmussen, Chairman, Montain D. Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board.

Brent Bunn, Sheriff, Lynn Lewis, Assessor, Rodney Wallentine, Treasurer, Tricia Poulsen, Treasurer Elect, Rosa Moosman, Editor of the News-Examiner, Conrad Michealson and Bill Stock also attended the meeting.

AGENDA
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the agenda with the addition of a discussion of a road in the Smith-Hill Subdivision. Motion carried.

ELECTED OFFICIALS MEETING
Assessor Lynn Lewis reported that he had hired Jannelle Jensen to fill a vacancy in his office. Sheriff Bunn was called away from the meeting, but left his monthly report for the Commissioners. Clerk Haddock discussed the upcoming election consolidation legislation and its effects on the County.

COMMITTEE ASSIGMENTS
Commissioner Kunz reported on a recent RC&D meeting. Commissioner Kunz had been elected Chairman of the group for the upcoming year.

MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the minutes of the November 8th regular meeting with a minor correction. Motion carried.

BILLS APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the current bills. Motion carried.

REPORT GRAND TOTAL . . . . TOTAL WARRANTS . . . . . 258,485.49 169
TOTAL VOID/CANCEL . . . . . 4,209.95 * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
NET WARRANTS . . . . . 254,275.54

GARBAGE FEES CONFERENCE CALL
A non resident property owner from Texas had asked to speak to the Commissioners by telephone. He took exception to part time residents being charged the same as full time residents. The Commissioners will continue to look at the issue.

TAX CANCELLATIONS
The Commissioners addressed tax cancellations for fees that had been erroneously charged. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the cancellations. Motion carried.

GRADER PURCHASE
Greg Skinner presented information on a used grader that Western States had offered to sell the County. One of the graders currently being used was in need of costly maintenance and repair. Quotes were $85,000 for the needed upgrades. Mr. Skinner wanted to use the old grader as a trade-in for the newer one. Following a discussion, Commissioner Kunz made a motion seconded by Commissioner Romrell to purchase the newer grader for $140,000 using a piggyback bid from another County. Motion carried.

SHERIFF'S VEHICLE
The Commissioners looked at proposals for a new Sheriff's vehicle. A small committee will be formed to study the proposals.

AMBULANCE SERVICE
Ash Phelps, Ambulance Department asked the Commissioners to consider giving the next retired Sheriff's vehicle to the Ambulance Service for a quick response vehicle. He reported that the service now has an ambulance stationed in Bloomington. He also reported that the service would be looking for a new ambulance next year. Commissioner Rasmussen suggested that they seek grant funds for this.

CLOUD SEEDING
Lisa Transtrum, Soil Conservation Service, requested help with cloud seeding from the County as they had in the past. The Commissioners agreed to pay $3,000 as they did last year.

2009 BUILDING CODE
Wayne Davidson asked the Commissioners to adopt the updated International Building Code. The Commissioners will study the new code and consider it at the January meeting.

PROBATION OFFICER ANNUAL REPORT
Ron Harper presented his annual report to the Commissioners. He noted that the number of juveniles on probation was up. The number of females showed a significant increase. Adult population on probation was steady.

PUBLIC HEARING ON BUDGET INCREASES
Commissioner Kunz made a motion seconded by Commissioner Romrell to open a public hearing to take comments regarding proposed budget increases to the 2010 budget. Motion carried. Clerk Haddock presented the changes which were necessary due to receipt of unscheduled revenues and necessary expenditures required by law. These were typical corrections that happen at the end of the fiscal year. Following the public hearing, Commissioner Romrell made a motion seconded by Commissioner Kunz to approve Resolutions #2010-20, 21, 22 and 23 adjusting budgets and transferring funds. Motion carried.

RESOLUTION #2010-20

RESOLUTION INCREASING THE BUDGET
FOR FISCAL YEAR 2009-2010
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 School District #33 Board Room on Monday, December 13, 2010, pursuant to designated published time; and

WHEREAS, The County received unanticipated grants and revenues in the Current Expense, Indigent, Waterways and Airport Funds;

THEREFORE, BE IT RESOLVED, The Bear Lake County Board of County Commissioners increase the Current Expense Budget by $3,600, the Indigent Budget by $65,000 the Waterways Budget by $7,500 and the Airport Budget by $32,000, none of which will result in an increase in property taxes.

Adopted this 13th day of December, 2010.

RESOLUTION #2010-21

RESOLUTION INCREASING THE BUDGET
FOR FISCAL YEAR 2009-2010
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 School District #33 Board Room on Monday, December 13, 2010, pursuant to designated published time; and

WHEREAS, The County incurred necessary expenditures in the Juvenile Justice, Misdemeanor Probation, Courthouse Capital , Historical Society, Indigent, Junior College and Solid Waste Budgets;

THEREFORE, BE IT RESOLVED, The Bear Lake County Board of County Commissioners increase the Juvenile Justice Budget by $5,100, the Misdemeanor Probation Budget by $280, the Courthouse Capital Budget by $58,000, the Historical Society Budget by $450, the Indigent Budget by $18,500, the Junior College Budget by $2,050 and the Solid Waste Budget by $225,000, none of which will result in an increase in property taxes.

Adopted this 13th day of December, 2010.

RESOLUTION #2010-22

RESOLUTION TO APPROPRATE FUNDS FROM
THE GENERAL RESERVE APPROPRIATION TO
OTHER DEPARTMENTS IN THE CURRENT EXPENSE FUND

WHEREAS, Idaho Code 31-1605 allows a General Reserve Appropriation for unforeseen Contingencies in the Current Expense Fund; and

WHEREAS, unforeseen Contingencies have arisen in several Departments;

THEREFORE, BE IT RESOLVED, The Bear Lake Board of County Commissioners direct the County Clerk to transfer $24,098 of the General Reserve Appropriation as follows:
Coroner $8,170
Prosecuting Attorney $9,713
General Elections $4,500
Extension Office $80
Allinger Park $1,600
Extension Office $35

Adopted this 13th day of December, 2010.

RESOLUTION #2010-23

RESOLUTION ORDERING THE TRANSFER OF
APPROPRIATIONS FROM THE CURRENT EXPENSE FUND TO
THE SOLID WASTE FUND AND THE HISTORICAL SOCIETY 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 the Solid Waste Fund and the Historical Society Fund that were not foreseen at the time of preparing the budget; and

WHEREAS, The 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 Commissioners by unanimous vote, do hereby, order a transfer of funds as follows:

Transfer of $35,000 from the Current Expense Fund to the Solid Waste Fund and
$1,000 from the Current Expense Fund to the Historical Society Fund until such time that the funds are received and at that time transfer $35,000 from the Solid Waste Fund to the Current Expense Fund and $1,000 from the Historical Society Fund to the Current Expense Fund.

Adopted this 13th day of December, 2010.

STOCK REDEMPTION RESOLUTION
Clerk Haddock presented a resolution, which would allow him to liquidate some shares of Prudential Common Stock, which were acquired several years ago when the company went public. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve Resolution 2010-24 authorizing the Clerk to act on behalf of the County to sell the stock. Motion carried.

RESOLUTION #2010-24

A RESOLUTION OF BEAR LAKE COUNTY DESIGNATING KERRY HADDOCK, COUNTY CLERK, TO ACT ON BEHALF OF BEAR LAKE COUNTY IN THE MATTER OF LIQUIDATING THE COUNTY'S OWNERSHIP OF 141 SHARES OF PRUDENTIAL COMMON STOCK

WHEREAS, Bear Lake County owns 141 shares of Prudential common stock; and

WHEREAS, All county funds should be in the Treasurer's funds, and

WHEREAS, Zions Bank needs someone who can act on behalf of the County to
liquidate the shares:

THEREFORE, BE IT RESOLVED, The Bear Lake County Board of County Commissioners designate Kerry Haddock, County Clerk, to act on behalf of Bear Lake County in the matter of liquidating the County's ownership of 141 shares of Prudential common stock.

Adopted this 13th day of December, 2010

FOREST SERVICE ISSUES
Dennis Duehren met with the Commissioners regarding several issues. He reported that there were some excess funds from the Georgetown Canyon project which can be used for further upgrades of the reservoir parking lot. He also noted that a parking lot in Bailey Creek needs additional gravel. The RAC Committee that chooses Forest Service projects for a multi County area is looking for 2 years worth of proposals. Mr. Duehren reported that the Forest Service was considering closure of some areas to ATVs due to safety concerns with younger drivers. The Forest Service was hoping for help from the Legislature in requiring some training for younger operators of ATVs.

ROAD AND BRIDGE ISSUES
Greg Skinner reported that his employees were attending first aid training. He discussed a problem with a road in the Smith-Hill Subdivision that was supposed to provide a second access to Bear Lake West. He felt that culverts and drainage were not adequate for the County to take over the road. This will be put on the agenda for the January meeting.

EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz to convene in an executive session per Idaho Code 67-2345(b, d and f) to discuss indigent claims, legal and personnel issues. All Commissioners voted yes in a roll Call vote.

Following the executive session Commissioner Romrell made a motion seconded by Commissioner Kunz to act on indigent claims as follows;

MEDICAL ASSISTANCE CLAIMS
Case No. 2010-30 - Approved - medically indigent, medically necessary, obligated County, last resource, emergency service.
Case No. 2010-31 - Approved - medically indigent, medically necessary, obligated County, last resource, emergency service.
Case No. 2010-32 - Suspended - not the last resource - pending SSD/Medicaid.
Case No. 2010-33 - Suspended - not the last resource - pending SSD/Medicaid.
Case No. 2010-34 - Suspended - not the last resource - pending SSD/Medicaid.
Case No. 2010-35 - Denied - not indigent, not the last resource, Provider - BLMH withdrew application.

HOSPITAL BOARD APPOINTMENTS
The Commissioners discussed expiring terms for two Hospital Board members. Commissioner Kunz made a motion seconded by Commissioner Romrell to reappoint John Tippets and Maxine Matthews to the Hospital Board for another term. Motion carried.

BLACK BEAR UPDATE
Bruce Barrett presented and update on the Black Bear Resort. He reported that water hearings were conducted in early November and he was expecting results from the Department of Water Resources in early 2011. They were working on sewer and access issues and financing extensions.

EXTENSION OFFICE
Sharlene Woffinden introduced Barbara Petty, new District Director, based in Idaho Falls. Ms. Petty described her experience and goals in her new position.

BIRD REFUGE UPDATE
Annette De Knijf gave an update on the Bird Refuge. She said they would like to cooperate with the County on upgrading the road from Dingle to Hot Springs.

LIQUOR FEES AND LICENSES
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve Resolution 2011-1 adopting liquor license fees and approving a list of applicants. Motion carried.

BEAR LAKE COUNTY RESOLUTION NO. 2011-01

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 2011.

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 December 2010, being the regular business meeting of the Board of County Commissioners for Bear Lake County, State of Idaho.

BEER, LIQUOR LICENSE APPLICANTS
Jerry Hunzeker - JJ"S GAS & GROCERIES; George Winquist - GLADY'S PLACE; Michael Reed Jensen - JENSEN'S MARKET; Jolara Lane, Inc. - JOLARA LANES; Maverik Country Stores, Inc. - MAVERIK COUNTRY STORE #236; Susan Andrews - FISH HAVEN GENERAL STORE; Bear Lake Cty Pst 3884 VFW Inc. - BEAR LAKE CTY VFW 3884; Bear Lake West HOA-POA - BEAR LAKE WEST RESTAURANT & LOUNGE; Bear Cave LLC - BEAR CAVE GENERAL STORE; Kathy M. Pack-Hemmert - MINNETONKA MARKET; Jerry Watson - U-SAVE CONVENIENCE; William Lamar Nay & David Ralph Chase - PARIS COUNTRY STORE; A & J Enterprises LLC - HITCHING POST; Broulim's Super Market Inc. - BROULIM'S SUPER MARKET INC.; Michael Hunzeker - RANCH HAND TRAIL STOP, LLC.

BEAR LAKE WATCH
Claudia Cottle and Carolyn Nebeker from Bear Lake Watch asked the Commissioners to consider a resolution regarding development in the proximity of Bear Lake. They hoped to present the resolutions to the state legislatures of Utah and Idaho. The Commissioners had questions regarding the implications of some of the wording and wanted time to study the resolution.

PLANNING AND ZONING APPOINTMENT
Commissioner Kunz made a motion seconded by Commissioner Romrell to appoint Conrad Michaelson to the County Planning and Zoning Commission. Motion carried.

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

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12/13/10 Commissioners Meeting Notice:

9:00 A.M. ELECTED OFFICIALS MEETING/APPROVAL OF MINUTES

9:15 A.M. COMMITTEE ASSIGNMENTS

9:30 A.M. TED SHULSEN - Garbage Issue (Conference Call)

9:40 A.M. GRADER PURCHASE

9:50 A.M. SHERIFF VEHICLE

10:00 A.M. ASH PHELPS - Bear Lake County Ambulance - Additional Vehicle

10:15 A.M. LISA TRANSTRUM - Cloud Seeding

10:30 A.M. 2009 BUILDING CODE ORDINANCE

10:45 A.M. PROBATION OFFICE ANNUAL REPORT

11:00 A.M. 2010 BUDGET INCREASE HEARINGS AND RESOLUTIONS

11:15 A.M. DENNIS DUEHREN - Forest Service Roads - Stimulus Projects Money - Bailey Creek Parking Area

11:30 A.M. PUBLIC COMMENTS

11:45 A.M. EXECUTIVE SESSION - Medical Assistance Claims/Personne & Legal Issues

LUNCH

1:00 P.M. BRUCE BARRETT - Black Bear Update

1:15 P.M. SHARLENE WOFFINDEN - Extension Office - New District Director

1:30 P.M. ANNETTE DE KNIJF - Bird Refuge Update

1:45 P.M. CLAUDIA COTTLE/CAROLYN NEBEKER - Bear Lake Watch Resolution

2:00 P.M.

2:15 P.M.

2:30 P.M.

2:45 P.M.

3:00 P.M.

UNFINISHED BUSINESS
Road & Bridge Issues/Solid Waste Issues

Fish Haven Sewer Damage

NEW BUSINESS
Approve November's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims

County Employee Holidays

Tax Cancellation

Stock Redemption Resolution

Hospital Board Members

Liquor License Fee Resolution

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