1/11/10 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, January 11, 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, Rosa Moosman, Editor of The News-Examiner, Bill Stock, Conrad Michaelson, Dick Padon and Bill Pettis also attended the meeting.

MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the minutes of the December 14, 2009, regular meeting. Motion carried.

ELECTED OFFICIALS
Treasurer Rodney Wallentine reported that the December tax collections were 61%, about the same percentage as last year. Sheriff Bunn presented his monthly and annual report.

COMMITTEE ASSIGNMENTS
The Commissioners agreed to keep the same committee assignments as last year. Commissioner Kunz noted calls he had received regarding signs to locate the Bear Lake County Library. It was learned later in the meeting that was in the works. Commissioner Rasmussen presented a possible new purchasing policy for review.

VEHICLE PURCHASE
Roy Bunderson asked the Commissioners for an update on the investigation into a possible conflict of interest regarding a vehicle purchase by the Sheriff's department. The Commissioners stated that they had investigated the matter and had found no wrong doing. They scheduled an executive session with Sheriff Bunn and Mr. Bunderson to further discuss the matter.

CTD OIL AND GAS LEASES
Dick Padon, CTD, discussed seismic testing that his Company is planning to do this fall in the County. The company has been working on oil and gas leases with County residents for some time and wished to get similar leases on County road right of ways prior to the testing. The Commissioners will have the County Attorney review the proposed leases for next meeting.

ROAD AND BRIDGE ISSUES
Greg Skinner presented the Road and Bridge monthly report. He noted that it had been a light winter for snow plowing so far. Crews were working on hauling gravel to the landfill and equipment repairs. The Commissioners agreed to continue to pursue the reopening of the Fossil Canyon Road. They looked at information that showed that Timberline Road had been vacated as part of the Terracor Subdivision vacation in the 1980s.

SOLID WASTE
Todd Transtrum, Solid Waste Supervisor presented information on available new trucks. Todd, Greg Skinner and Commissioner Kunz had visited Rich County recently to see their new truck. He noted that there is a possibility of a lease purchase option.

DINGLE - EAST SHORE ROAD GRANT AND RESOLUTION #2010-05
Keller & Associates, Don Carnahan and Todd Tuckett met with the Commissioners regarding a grant application to LHTAC for paving the road from Dingle to the Hot Springs. Estimated total cost to pave the entire 6 mile stretch is $3,000,000. It was decided to divide the project into two phases of 3 miles each. The grant application will be made for $1,500,000 with the County's matching share of $109,500 payable over several years. Commissioner Romrell made a motion seconded by Commissioner Kunz to adopt a Resolution supporting the project and application. The motion carried. The Resolution was originally passed as Resolution #2009-04, but was later corrected to Resolution #2010-05 by a motion.

BEAR LAKE COUNTY
RESOLUTION #2010-05

RESOLUTION NO. 2010-05 OF THE COUNTY OF BEAR LAKE, IDAHO, SUPPORTING THE PROJECT IDENTIFICATION SUBMITTAL FOR THE CONSTRUCTION OF THE DINGLE EAST SHORE ROAD IMPROVEMENTS TO THE LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL, (LHTAC). TOTAL PROJECT COST ESTIMATE IS $1,500,000, WHICH WILL INCLUDE $109,500 OF LOCAL MATCHING FUNDS AVAILABLE FROM BEAR LAKE COUNTY. BE IT RESOLVED THAT THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS IS HEREBY AUTHORIZED AND DIRECTED TO SIGN THE PROJECT IDENTIFICATION PACKET AND SUBMIT TO LHTAC FOR PRIORITIZATION.

PASSED BY THE BOARD OF COUNTY COMMISSIONERS AND APPROVED THIS 11TH DAY OF JANUARY, 2010.

REGIONAL PLANNING COMMITTEE
Mitch Poulsen and Claudia Cottle asked for support from the Commissioners in forming a group to assess the need for a regional planning organization in the valley. The group would include representatives from County and City governments and Planning and Zoning Commissions in Bear Lake and Rich Counties. They would act as co-chairs of the organization. Commissioner Kunz made a motion seconded by Commissioner Romrell to support the scoping project. Motion carried. All three Commissioners will participate initially.

BEAR LAKE HERITAGE PATHWAY
Martha Burbage reported on progress of the Bear Lake Heritage Pathway Committee. Their goal is to have a non motorized pathway around Bear Lake. They have received a grant to provide extensive planning assistance for the project.

BEAR LAKE SOIL AND CONSERVATION DISTRICT
Joann Taylor and others met with the Commissioners regarding funding for the Soil and Conservation District. They asked for the same amount of funding as the last several years. They gave a report of years' projects including tree sales, scholarships, Bag of Woad, 319 projects and others. They also informed the Commissioners of grant funds they had been awarded to improve irrigation canals. They asked the Commissioners for help in forming Local Improvement Districts to help the Irrigation Companies finance the matching portion of the funding. The Commissioners were generally supportive and will investigation the LID process further.

PUBLIC COMMENTS
Public comments included dividing up projects to avoid the bidding process, poor reception in the Translator District and ATV traffic problems in Fish Haven.

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

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

MEDICAL ASSISTANCE CLAIMS
Case No. 2009-30 - Approved (10-day prior) - Medically Indigent, Medically Necessary, Obligated County; Last Resource.
Case No. 2009-31 - Denied - Not Medically Indigent, Not Last Resource, Didn't Cooperate with the County.
Case No. 2009-32 - Denied - Not Medically Indigent, Not Last Resource.
Case No. 2009-33 - Approved - Medically Indigent, Medically Necessary, Obligated County, Emergency, Last Resource.
Case No. 2009-34 - Approved (10-day prior) - Medically Indigent, Medically Necessary, Obligated County, Last Resource.
Case No. 2009-35 - Approved (10-day prior) - Medically Indigent, Medically Necessary, Obligated County, Last Resource.

BLACK BEAR RESORT EXTENSION
Bruce Barrett and Ted Galovan met with the Commissioners to update their progress and ask for an extension on the final plat requirements for Black Bear Resort. They reported that the outlook for 2010 was considerably better than 2009. Following the discussion, Commissioner Kunz made a motion to extend the time that the final plat approval was due for 1 year with quarterly updates due to the Commissioners. Commissioner Rasmussen stepped down as Chair and seconded the motion. Commissioners Kunz and Rasmussen voted yes. Commissioner Romrell voted no. Motion carried.

DINGLE CULVERT
Evan Skinner and Jeff Sagers gave an update and further information to the Commissioners regarding the ditch problem in Dingle. The County will continue to work with the Soil Conservation Service and consult legal counsel before deciding the extent of their involvement.

MONTPELIER CITY
Montpelier City Mayor Reed Peterson and Don Toomer met with the Commissioners to discuss a joint gravel agreement. They would like the County to set up their crusher at the City gravel pit and share the crushed gravel 50% each. The Commissioners agreed to the arrangement when they find a convenient time for the crusher. The Commissioners also agreed to take garbage from the City during their annual spring clean-up in mid May.

TAX CANCELLATION
Treasurer Wallentine presented a tax cancellation that was due to a garbage charge error. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the cancellation. Motion carried.

AG LAND DIGITIZATION
Assessor Lynn Lewis and Dale Thornock talked about the need to digitize agricultural lands in the County. This would help to accurately value agricultural lands in a fair and uniform manner.

RECORDS RETENTION RESOLUTION #2010-04
Clerk Haddock presented a resolution to allow destruction of old records per Idaho Statutes. Commissioner Romrell made a motion seconded by Commissioner Kunz to adopt Resolution #2010-04. Motion carried.

RESOLUTION #2010-04
(Idaho Code 31-871)

WHEREAS, the Clerk of Bear Lake County, Idaho has deemed that it is not necessary or in the best interest of the County to retain certain records within it's possession, as the same occupy unnecessary space within the County facilities, and

WHEREAS, the Clerk of Bear Lake County has requested that said records and documents be destroyed, and

WHEREAS, the Board of County Commissioners of Bear Lake County, Idaho has reviewed the items that the Clerk of Bear Lake County desires to have destroyed, and finds that all are classified as either semi-permanent or temporary records of the County, and need not be retained more than five (5) years, or if they constitute permanent records, are more than ten (10) years old, and

WHEREAS, the Board of County Commissioners has consulted with the Prosecuting Attorney of the County in this regard.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO, AS FOLLOWS:

Section 1: The following records of Bear Lake County, Idaho, and specifically the records of the Clerk of Bear Lake County, Idaho, are authorized to be destroyed:

PRIOR TO 2005
" Check Registers
" Schedules of Bills to be Paid
" Budgetary Transaction Journal
" Redeemed Warrants
" Revenue Journal
" General Fund Journal
" Cancelled Warrants
" Claim Forms

Section 2: Said records shall be destroyed, and said destruction shall be under the direction and supervision of the Clerk of the Board of Bear Lake County.

PASSED AND APPROVED by the Board of County Commissioners of Bear Lake County, Idaho, this 11th day of January 2010.

BILLS APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the current bills. Commissioners Kunz and Romrell voted yes. Commissioner Rasmussen abstained as bills from the company he works for were included.

REPORT GRAND TOTAL . . . . . 474,141.68 155
TOTAL VOID/CANCEL . . . . . 18,957.38 * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
455,184.30

Commissioner Romrell made a motion seconded by Commissioner Kunz to recess the meeting until the next day at 1:00 P.M. at which time an executive session will be held to discuss legal and personnel matters. Motion carried.

Meeting recessed, to be reconvened Tuesday, January 12, 2010 at 1:00 P.M.

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EXECUTIVE SESSION
The Commissioners reconvened the meeting at 1:00 P.M., on Tuesday, January 12, 2010, in the School District #33 Board Room in Paris, Idaho.

Commissioner Kunz made a motion to convene in an executive session per Idaho Code 67-2345(b and f) to discuss personnel and legal issues. All Commissioners voted yes in a roll call vote.

Following the executive session, held to discuss a citizen's concern regarding possible misconduct by a County Employee, the Commissioners determined that while the employee's actions raised the question of a conflict of interest, the employee's answers to the citizen's and Commissioner's questions led the Commissioners to conclude that there was no intent of wrongdoing and no intentional misconduct that would warrant further formal inquiry. However, they took steps to prevent similar problems with future purchases. At the next open meeting they will discuss changing County policy for purchases over $5,000 and a policy requiring each County officer and employee to annually review the State Ethics manual. The citizen did not request further action on this incident.

Commissioner Kunz made a motion seconded by Commissioner Romrell to adjourn the executive session and to reconvene the regular session. Motion unanimously carried.

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

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1/11/10 Commissioners Meeting Agenda:

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

9:15 A.M. COMMITTEE ASSIGNMENTS

9:30 A.M. ROY BUNDERSON - Sheriff's Vehicle

9:45 A.M. DICK PADON, CTD - Oil & Gas Leases/County Roads

10:00 A.M. GREG SKINNER - Road & Bridge/Solid Waste Issues/DONN CARNAHAN - Keller & Associates - Dingle/East Shore Road Application & Resolution

10:15 A.M. " "

10:30 A.M. " "

10:45 A.M. CLAUDIA COTTLE - Regional Planning Effort

11:00 A.M. MARTHA BURBIDGE - Bear Lake Heritage Pathway Committee

11:15 A.M. BEAR LAKE SOIL AND CONSERVATION DISTRICT - Annual Funding and LID District Formation

11:30 A.M. PUBLIC COMMENTS

11:45 A.M. EXECUTIVE SESSION - Medical Assistance Claims/Personnel Issues

LUNCH

1:00 P.M. BLACK BEAR RESORT EXTENSION

1:15 P.M. EVAN SKINNER - Dingle Drain Project

1:30 P.M. REED PETERSON - Gravel Pit/Landfill Discussion

1:40 P.M. LYNN LEWIS, ASSESSOR - Digitizing Land Class Surveys

1:45 P.M. " "

2:00 P.M.

UNFINISHED BUSINESS
Road & Bridge Issues/Solid Waste Issues

Road Issues - Fossil Canyon, Timberline Road, Bennington

NEW BUSINESS
Approve November's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims

Records Retention Resolution

Tax Cancellation

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