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10/12/10 Commissioners Meeting Minutes:
The Board of Bear Lake County Commissioners met in regular session on Tuesday, October 12, 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, Roger Jones, Prosecuting Attorney, Lynn Lewis, Assessor, Rodney Wallentine, Treasurer, Rosa Moosman, Editor of the News Examiner, Bill Stock, JoAnn Taylor and Lisa Transtrum also attended the meeting.
AGENDA
Skinner Canyon snowmobile parking lot was added to the agenda.
Commissioner Romrell made a motion seconded by Commissioner Kunz
to approve the agenda as amended. Motion carried.
ELECTED OFFICIALS
Treasurer Rodney Wallentine presented a list of delinquent property
taxes. Assessor Lynn Lewis informed the Commissioners that he
had been appointed to a committee to look into state support of
the tax computer system. The State has provided technical support
for the Counties for years, but a new member of the Tax Commission
was questioning the practice. Sheriff Bunn presented his monthly
report. He reported that one officer had resigned during the month.
He was accepting applications to fill the vacancy.
LOCAL IMPROVEMENT DISTRICTS
Jo Ann Taylor and Lisa Transtrum presented Resolutions regarding
interim financing for the South Liberty and Skinner Creek Irrigation
projects. Commissioner Kunz made a motion seconded by Commissioner
Romrell to adopt the Resolutions. Motion carried.
RESOLUTION NO. 2010-18
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO, PROVIDING FOR THE ISSUANCE AND SALE OF INTERIM WARRANTS PURSUANT TO SECTION 50 1722, IDAHO CODE, IN ANTICIPATION OF THE ISSUANCE OF ITS LOCAL IMPROVEMENT DISTRICT BONDS AND PREPAYMENT OF ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT 2010-1, FOR THE PURPOSE OF PAYING THE CONTRACTOR AND OTHER COSTS OF SAID IMPROVEMENT DISTRICT; PROVIDING FOR THE MANNER OF ISSUANCE AND THE FORM OF SUCH WARRANTS; PROVIDING FOR THE REGISTRATION AND PAYMENT OF THE PRINCIPAL THEREOF AND THE INTEREST THEREON; PROVIDING COVENANTS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO
WHEREAS, by passage of Ordinance No. 2010-3 on March 22, 2010, the Board of Commissioners (the "Board") of Bear Lake County, Idaho (the "County"), duly created Local Improvement District No. 2010-1 ("L.I.D. No. 2010-1"), ordered the construction of irrigation improvements pursuant thereto, and authorized the issuance of local improvement district bonds to finance the cost thereof; and
WHEREAS, the Board is authorized and empowered by Idaho Code Section 50 1722 to issue interim warrants for the purpose of meeting costs and expenses of making local improvement district improvements prior to the sale of bonds and prepayment of assessments; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO, as follows:
Section 1: For the purpose of paying any contractor for the cost of the improvements within L.I.D. No. 2010-1, or otherwise defraying any costs of the improvements as the same become due, the Chairman of the Board of Commissioners, County Treasurer, and County Clerk are hereby authorized and directed to cause to be issued, sold, and delivered, on behalf of the County, Interim Warrants of L.I.D. No. 2010-1 (the "Warrants"), from time to time, in the manner hereinafter provided.
Section 2: Such Warrants may be issued from time to time in such amounts as may be required, so long as the aggregate principal amount thereof does not exceed $970,695; shall be issued to Ireland Bank, Malad City, Idaho; shall bear interest at the rate of three and three-quarters percent (3.750%) per annum from the date of issuance to the date of redemption of each such Warrant; and shall be redeemed and paid in full, together with any accrued and unpaid interest thereon, from the proceeds of the sale of bonds for or from prepayment of assessments of L.I.D. No. 2010-1.
Section 3: Each such Warrant shall be registered in the name of the initial purchaser both as to principal and interest with the County Treasurer, and any transfer thereof must likewise be registered.
Section 4: All such Warrants shall be dated as of the date of delivery to the purchaser thereof, and such Warrants shall be subject to call and redemption at any time at the option of the County when the proceeds of local improvement district bonds for L.I.D. No. 2010-1, or prepayment of assessments of said local improvement district, become available. In the event of prior call and redemption, the County Treasurer shall give notice thereof by mailing a copy of a Notice of Call and Redemption by certified mail at least ten (10) days prior to the call and redemption date to the registered owner of said Warrants at the address shown on the registration books of the County. Interest on each Warrant shall cease to accrue after the date fixed for call and redemption.
Section 5: Each Warrant and the interest thereon shall be payable in lawful money of the United States of America to the registered owner thereof at the address of such registered owner as shown on the registration books of the County.
Section 6: Each Warrant shall be executed in the name of Bear Lake County, shall be signed by the Chairman of the Board of Commissioners, countersigned by the County Treasurer, and attested by the County Clerk, and shall be authenticated by the Seal of the County affixed thereto. Each Warrant shall be substantially in the form as set forth in Exhibit "A" attached hereto and by reference made a part hereof.
Section 7: The first proceeds of the prepayment of assessments and the sale of Local Improvement District No. 2010-1 bonds are hereby pledged for the payment and redemption of the principal of and interest on each Warrant issued pursuant hereto.
Section 8: The County covenants with the registered owner of the Warrants as follows:
A. The County will ensure completion of the
local improvement district project as described in Ordinance No.
2010-3.
B. The County will confirm an assessment roll.
C. The County will collect prepayments of assessments and issue local improvement district bonds for the balance of the confirmed assessment roll.
Section 9: This Resolution shall take effect and be in force from and after its passage and approval.
DATED this ______ day of _____________, 2010.
Bear Lake County, Idaho
By_________________________________
Chairman
ATTEST:
______________________________
County Clerk
( S E A L )
EXHIBIT A
(Form of Interim Warrant)
UNITED STATES OF AMERICA
NO. $
STATE OF IDAHO
COUNTY OF BEAR LAKE
LOCAL IMPROVEMENT DISTRICT NO. 2010-1 INTERIM WARRANT, SERIES 20__
FOR VALUE RECEIVED, Bear Lake County, Idaho (the "County"), acknowledges itself to owe, and promises to pay, solely from the funds described below, to
Ireland Bank
the original Registered Owner hereof or its successors or assignee, at the office of the County Treasurer, on or before the ______ day of _____________, 20___, the sum of
($____________) in lawful money of the United States of America, together with interest thereon in like money at the rate of ______________________ percent (_____%) per annum from the date hereof, interest payable on redemption.
INTEREST ON THIS WARRANT IS INCLUDABLE IN THE GROSS INCOME OF THE REGISTERED OWNER FOR PURPOSES OF FEDERAL AND STATE OF IDAHO INCOME TAXATION.
This Warrant is registered, both as to principal and interest, with the County Treasurer, and any transfer hereof must likewise be registered. This Warrant is a negotiable instrument, payable solely from the prepayment of assessments or the issuance of local improvement district bonds for Local Improvement District No. 2010-1 of the County, all as authorized by Ordinance No. 2010-3, adopted on March 22, 2010. The owner of this Warrant shall have no claim against the County, its funds or property, except as set forth herein.
This Warrant is issued for the purpose of providing part of the interim funds necessary to construct the improvements authorized for Local Improvement District No. 2010-1, under and by virtue of and in full conformity with the Constitution and laws of the State of Idaho and Ordinance No. 2010-3 of the County.
The holder of this Warrant shall have no claim therefore against the County by which the same is issued, except to the extent of the funds created and received by assessments against the property within Local Improvement District No. 2010-1 as herein provided, but the County shall be held responsible for the lawful levy of all assessments herein provided and for the faithful accounting of settlements and payments of the assessments levied for the payment of warrants and bonds as provided by state code. The owners and holders of such warrants and bonds shall be entitled to complete enforcement of all assessments made for the payment of such warrants and bonds.
IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all matters, acts, conditions and things required by law to make this Interim Warrant a valid and enforceable limited obligation of Local Improvement District No. 2010-1 of the County, have happened, have been done, and have been performed, and the first proceeds of the prepayment of local improvement district assessments and of the issuance and sale of local improvement district bonds for Local Improvement District No. 2010-1 of the County, are pledged for the payment of the same.
IN WITNESS WHEREOF, Bear Lake the County of Bear Lake, Idaho, has caused this Warrant to be executed on its behalf and under its official seal by its Board Chairman, by his manual signature thereon, countersigned by its Treasurer, by his manual signature thereon, and attested by its Clerk, by his manual signature thereon, all as of the ______ day of _______________, 20___.
Bear Lake County, Idaho
By_________________________________
Chairman
ATTEST:
County Clerk
( S E A L )
* * * * * * * * * *
This Interim Warrant is registered in the name of the registered owner whose name and address appear last below, and both principal and interest are payable only to said owner.
NOTE: There must be no writing in the space below except by the County Treasurer.
Name of Address of
Date of Registered Registered Signature of
Registry Owner Owner Treasurer
TREASURER'S CERTIFICATE
I, the undersigned, the Treasurer of Bear Lake County, Idaho, hereby certify that the within Interim Warrant has been duly registered in my office in the Registration Book kept for that purpose.
___________________________________
Treasurer
Bear Lake County
RESOLUTION NO. 2010-19
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO, PROVIDING FOR THE ISSUANCE AND SALE OF INTERIM WARRANTS PURSUANT TO SECTION 50 1722, IDAHO CODE, IN ANTICIPATION OF THE ISSUANCE OF ITS LOCAL IMPROVEMENT DISTRICT BONDS AND PREPAYMENT OF ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT 2010-2, FOR THE PURPOSE OF PAYING THE CONTRACTOR AND OTHER COSTS OF SAID IMPROVEMENT DISTRICT; PROVIDING FOR THE MANNER OF ISSUANCE AND THE FORM OF SUCH WARRANTS; PROVIDING FOR THE REGISTRATION AND PAYMENT OF THE PRINCIPAL THEREOF AND THE INTEREST THEREON; PROVIDING COVENANTS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO
WHEREAS, by passage of Ordinance No. 2010-2 on March 9, 2010, the Board of Commissioners (the "Board") of Bear Lake County, Idaho (the "County"), duly created Local Improvement District No. 2010-2 ("L.I.D. No. 2010-2"), ordered the construction of irrigation improvements pursuant thereto, and authorized the issuance of local improvement district bonds to finance the cost thereof; and
WHEREAS, the Board is authorized and empowered by Idaho Code Section 50 1722 to issue interim warrants for the purpose of meeting costs and expenses of making local improvement district improvements prior to the sale of bonds and prepayment of assessments; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO, as follows:
Section 1: For the purpose of paying any contractor for the cost of the improvements within L.I.D. No. 2010-2, or otherwise defraying any costs of the improvements as the same become due, the Chairman of the Board of Commissioners, County Treasurer, and County Clerk are hereby authorized and directed to cause to be issued, sold, and delivered, on behalf of the County, Interim Warrants of L.I.D. No. 2010-2 (the "Warrants"), from time to time, in the manner hereinafter provided.
Section 2: Such Warrants may be issued from time to time in such amounts as may be required, so long as the aggregate principal amount thereof does not exceed $248,601; shall be issued to Ireland Bank, Malad City, Idaho; shall bear interest at the rate of three and three-quarters percent (3.75%) per annum from the date of issuance to the date of redemption of each such Warrant; and shall be redeemed and paid in full, together with any accrued and unpaid interest thereon, from the proceeds of the sale of bonds for or from prepayment of assessments of L.I.D. No. 2010-2.
Section 3: Each such Warrant shall be registered in the name of the initial purchaser both as to principal and interest with the County Treasurer, and any transfer thereof must likewise be registered.
Section 4: All such Warrants shall be dated as of the date of delivery to the purchaser thereof, and such Warrants shall be subject to call and redemption at any time at the option of the County when the proceeds of local improvement district bonds for L.I.D. No. 2010-2, or prepayment of assessments of said local improvement district, become available. In the event of prior call and redemption, the County Treasurer shall give notice thereof by mailing a copy of a Notice of Call and Redemption by certified mail at least ten (10) days prior to the call and redemption date to the registered owner of said Warrants at the address shown on the registration books of the County. Interest on each Warrant shall cease to accrue after the date fixed for call and redemption.
Section 5: Each Warrant and the interest thereon shall be payable in lawful money of the United States of America to the registered owner thereof at the address of such registered owner as shown on the registration books of the County.
Section 6: Each Warrant shall be executed in the name of Bear Lake County, shall be signed by the Chairman of the Board of Commissioners, countersigned by the County Treasurer, and attested by the County Clerk, and shall be authenticated by the Seal of the County affixed thereto. Each Warrant shall be substantially in the form as set forth in Exhibit "A" attached hereto and by reference made a part hereof.
Section 7: The first proceeds of the prepayment of assessments and the sale of Local Improvement District No. 2010-2 bonds are hereby pledged for the payment and redemption of the principal of and interest on each Warrant issued pursuant hereto.
Section 8: The County covenants with the registered owner of the Warrants as follows:
A. The County will ensure completion of the
local improvement district project as described in Ordinance No.
2010-2.
B. The County will confirm an assessment roll.
C. The County will collect prepayments of assessments and issue local improvement district bonds for the balance of the confirmed assessment roll.
Section 9: This Resolution shall take effect and be in force from and after its passage and approval.
DATED this ______ day of _____________, 2010.
Bear Lake County, Idaho
By_________________________________
Chairman
ATTEST:
______________________________
County Clerk
( S E A L )
EXHIBIT A
(Form of Interim Warrant)
UNITED STATES OF AMERICA
NO. $
STATE OF IDAHO
COUNTY OF BEAR LAKE
LOCAL IMPROVEMENT DISTRICT NO. 2010-2 INTERIM WARRANT, SERIES 20__
FOR VALUE RECEIVED, Bear Lake County, Idaho (the "County"), acknowledges itself to owe, and promises to pay, solely from the funds described below, to
Ireland Bank
the original Registered Owner hereof or its successors or assignee, at the office of the County Treasurer, on or before the ______ day of _____________, 20___, the sum of
($____________) in lawful money of the United States of America, together with interest thereon in like money at the rate of ______________________ percent (_____%) per annum from the date hereof, interest payable on redemption.
INTEREST ON THIS WARRANT IS INCLUDABLE IN THE GROSS INCOME OF THE REGISTERED OWNER FOR PURPOSES OF FEDERAL AND STATE OF IDAHO INCOME TAXATION.
This Warrant is registered, both as to principal and interest, with the County Treasurer, and any transfer hereof must likewise be registered. This Warrant is a negotiable instrument, payable solely from the prepayment of assessments or the issuance of local improvement district bonds for Local Improvement District No. 2010-2 of the County, all as authorized by Ordinance No. 2010-2, adopted on March 9, 2010. The owner of this Warrant shall have no claim against the County, its funds or property, except as set forth herein.
This Warrant is issued for the purpose of providing part of the interim funds necessary to construct the improvements authorized for Local Improvement District No. 2010-2, under and by virtue of and in full conformity with the Constitution and laws of the State of Idaho and Ordinance No. 2010-2 of the County.
The holder of this Warrant shall have no claim therefore against the County by which the same is issued, except to the extent of the funds created and received by assessments against the property within Local Improvement District No. 2010-2 as herein provided, but the County shall be held responsible for the lawful levy of all assessments herein provided and for the faithful accounting of settlements and payments of the assessments levied for the payment of warrants and bonds as provided by state code. The owners and holders of such warrants and bonds shall be entitled to complete enforcement of all assessments made for the payment of such warrants and bonds.
IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all matters, acts, conditions and things required by law to make this Interim Warrant a valid and enforceable limited obligation of Local Improvement District No. 2010-2 of the County, have happened, have been done, and have been performed, and the first proceeds of the prepayment of local improvement district assessments and of the issuance and sale of local improvement district bonds for Local Improvement District No. 2010-2 of the County, are pledged for the payment of the same.
IN WITNESS WHEREOF, Bear Lake County, Idaho, has caused this Warrant to be executed on its behalf and under its official seal by its Board Chairman, by his manual signature thereon, countersigned by its Treasurer, by his manual signature thereon, and attested by its Clerk, by his manual signature thereon, all as of the ______ day of _______________, 20___.
Bear Lake County, Idaho
By_________________________________
Chairman
ATTEST:
County Clerk
( S E A L )
* * * * * * * * * *
This Interim Warrant is registered in the name of the registered owner whose name and address appear last below, and both principal and interest are payable only to said owner.
NOTE: There must be no writing in the space below except by the County Treasurer.
Name of Address of
Date of Registered Registered Signature of
Registry Owner Owner Treasurer
TREASURER'S CERTIFICATE
I, the undersigned, the Treasurer of Bear Lake County, Idaho, hereby certify that the within Interim Warrant has been duly registered in my office in the Registration Book kept for that purpose.
___________________________________
Treasurer
Bear Lake County
ROAD AND BRIDGE ISSUES
Greg Skinner presented his monthly report. The Commissioners discussed
a situation where an individual had gated Sawmill Road. The Prosecuting
Attorney will send a letter asking the individual to remove the
gate. Mr. Skinner also discussed gravel pits.
IDEQ UPDATE
Bruce Olenick, Idaho Department of Environmental Quality updated
the Commissioners on several projects. The cleanup of the old
Central Farmers fertilizer plant up Georgetown was complete and
water returned to the stream. This was a very successful project.
Mr. Olenick discussed the need for a waste water system on the
East side of Bear Lake. He also discussed the Landfill status.
BLACK BEAR RESORT
Bill Pettis met with the Commissioners to discuss the status of
Black Bear Resort. He asked the Commissioners to give the resort
notice of default of their commitments. The Commissioners indicated
that they would address the situation in their January meeting
as previously agreed.
RS2477 ROADS
The Commissioners discussed several forest access roads that had
been blocked by individuals. After studying maps and taking comments
from Forest Ranger Dennis Duehren and several citizens the Commissioners
asked the Prosecuting Attorney to send a letter to a land owner
that had fenced Fossil Canyon. He will be asked to remove the
obstruction. They also decided that a public hearing will be scheduled
to clarify the status of several roads.
HISTORICAL SOCIETY
Sherrel Burgoyne presented an update on the Rails and Trails Museum
operation for the summer. The Museum had a successful summer and
was open from Memorial Day weekend until September 26th.
LANDFILL PROPOSAL
Frank Grimes of Nelson Engineering presented a proposal for engineering
work at the Landfill. He presented information regarding his Engineering
firm and a proposal for designing a new cell and capping the old
site.
UNION PACIFIC RIGHT OF WAY LEASES
The Commissioners considered two right of way leases for County
roads that were in the Union Pacific right of way. The Railroad
had reduced the originally proposed lease rate by about 60%. Commissioner
Romrell made a motion seconded by Commissioner Kunz to accept
the leases. Motion carried.
ROAD CREW DAMAGE
The Commissioners addressed a claim of a Bear Lake West resident
that the road crew damaged and contaminated his lawn when dust
suppressant flowed from the road onto the lawn. The Commissioners
agreed to pay the claim, but would accompany the payment with
a letter admitting no admission of liability and would not be
responsible for future problems if the resident didn't fix his
drainage problems.
SKINNER CANYON SNOWMOBILE PARKING AREA
The Commissioners discussed an area in Skinner Canyon that an
individual had offered his land for free if the County would gravel
the area.
MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell
to approve the minutes of the September 13, 2010 regular meeting.
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 .
. . . . 292,854.60 149
EXECUTIVE SESSION
Commissioner Kunz made a motion seconded by Commissioner Romrell
to convene in an executive session per Idaho Code 67-2345(b, d
and f) to discuss medically indigent claims, legal, and personnel
issues.
Following the executive session Commissioner Kunz made a motion seconded by Commissioner Romrell to act on indigent claims as follows:
MEDICAL ASSISTANCE CLAIMS
Claim #2010-05 - Final Denial - Provider - Bear Lake Memorial
Hospital withdrew appeal; Not the last resource - Medicaid approved.
Claim #2010-15 - Final Denial - Provider - Bear Lake Memorial
Hospital withdrew appeal; Not the last resource; Not medically
indigent; Didn't cooperate with the County; Application is incomplete.
Claim #2010-26 - Approved - Medically indigent; Medically necessary;
Obligated County; Last resource; Emergency.
Claim #2010-28 - Denied - Not a resident; Not obligated County
- Bonner County.
Meeting adjourned subject to recall by the Chairman or his order.
10/12/10 Commissioners Meeting Agenda:
9:00 A.M. ELECTED OFFICIALS MEETING/APPROVAL OF MINUTES
9:15 A.M. COMMITTEE ASSIGNMENTS
9:30 A.M. LID INTERIM WARRANTS AND RESOLUTIONS
9:45 A.M. ROAD & BRIDGE ISSUES - Sawmill Road and Parker Gravel Pit
10:00 A.M. BRUCE OLENICK - IDEQ - 6 month review
10:15 A.M. BILL PETTIS - Black Bear Resort
10:30 A.M. " "
10:45 A.M. FOSSIL CANYON AND GENEVA RS 2477 ROADS
11:00 A.M. SHERRELL BURGOYNE - Oregon Trail Museum Report
11:15 A.M. NELSON ENGINEERING - Landfill Proposal
11:30 A.M. PUBLIC COMMENTS
11:45 A.M. EXECUTIVE SESSION - Medical Assistance
Claims/Personnel
& Legal Issues
LUNCH
1:00 P.M.
1:15 P.M.
1:30 P.M.
1:45 P.M.
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
Union Pacific Right of Way Leases
Lawn Damage at Bear Lake West and Fish Haven Sewer Manhole Damage
NEW BUSINESS
Approve September's Bills/Minutes
Road & Bridge/Solid Waste Issues
Executive Session - Medical Assistance Claims
Forest Service Law Enforcement Agreement
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