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 COUNTY COMMISSIONERS MEETING MINUTES & PUBLIC NOTICES


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3/22/10 Special Meeting Minutes:

The Board of Bear Lake County Commissioners met in a special session on March 22, 2010, beginning at 9:00A.M., in the School District #33 Board Room in Paris, Idaho. Members present were Vaughn N. Rasmussen, Montain D. Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board.

Larry Eborn, Bill Stock, and Wayne Beck also attended the meeting.

AGENDA
Commissioner Kunz made a motion seconded by Commissioner Romrell to accept the agenda as posted. Motion carried.

SOUTH LIBERTY IRRIGATION LID ORDINANCE 2010-3
Following a discussion Commissioner Kunz made a motion seconded by Commissioner Romrell to adopt Ordinance 2010-3 forming LID #2010-1, the South Liberty Irrigation LID. Commissioners Kunz and Romrell voted yes. Commissioner Rasmussen voted no. Motion carried.

ORDINANCE CREATING SOUTH LIBERTY LOCAL IMPROVEMENT DISTRICT

ORDINANCE NO. 2010-3

AN ORDINANCE OF THE COUNTY OF BEAR LAKE, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 2010-1; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE PROJECT TO BE FINANCED THEREIN; APPOINTING AN ENGINEER TO PREPARE THE ENGINEER'S REPORT AND ASSESSMENT ROLL; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF THE PROJECT TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE LOCAL IMPROVEMENT DISTRICT AND THE METHOD OF ASSESSMENT; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the County of Bear Lake, Idaho (the "County"), is a political subdivision organized and operating under and pursuant to the laws of the State of Idaho and is authorized by Idaho Code Title 50, Chapter 17, to create local improvement districts for public improvements, and to finance said improvements by the issuance and sale of local improvement district bonds or warrants, which bonds or warrants are payable solely from assessments upon the property benefited thereby; and

WHEREAS, the Board of County Commissioners (the "Board") of the County has determined that it is in the best interests of the County and its residents, and of the property and residents within the proposed local improvement district, to create a local improvement district for the purpose of financing certain public improvements as follows: the installation of a gravity flow irrigation system on the South Liberty Irrigation Ditch, and all appurtenances thereto so that they comply with the County standards, together with costs of engineering, legal services, publication, bond issuance costs and reserves, and other related expenses.

WHEREAS, by Petition of landowners of property within the proposed local improvement district, the landowners initiated the formation of a local improvement; and

WHEREAS, by adoption of Resolution No. 2010-7 on February 19, 2010, the Board expressed its intention to create a local improvement district for the purpose of financing the costs of such improvements; and

WHEREAS, after proper publication and mailing of notice to the owners of property within the proposed improvement district of intention to create the proposed local improvement district, a public hearing was held by the Board on March 09, 2010, at which hearing the residents and owners of property within the proposed local improvement district had the opportunity to protest the formation of the local improvement district.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BEAR LAKE, IDAHO, as follows:

Section 1: The Board of County Commissioners hereby finds and declares:

(a) That Local Improvement District No. 2010-1 of the County of Bear Lake, Idaho, will be in the best interests of the property affected and of the County;

(b) That there is a reasonable probability that the obligations of Local Improvement District No. 2010-1 of the County of Bear Lake, Idaho, will be paid; and

(c) That the value of the property subject to assessment within Local Improvement District No. 2010-1 of the County of Bear Lake, Idaho, (such value being determined by the current assessed valuation of such property for ad valorem tax purposes as shown by the records of the Assessor of Bear Lake County, Idaho) exceeds the sum of the estimated costs to be assessed against the property included in Local Improvement District No. 2010-1 of the County of Bear Lake, Idaho.

Section 2: There is hereby established and created a local improvement district within the County, to be known and designated as "Local Improvement District No. 2010-1 of the County of Bear Lake, Idaho", also known as "L.I.D. No.2010-1", the boundaries of which local improvement district shall be: Township 13S R 43E Sections: 8, 9, 15, 16, 17, 20 thru 23, 26 thru 28. All property within the boundaries of L.I.D. No. 2010-1 (except property which is exempt from assessment because of government ownership) will be subject to assessment according to the method of assessment set forth in Section 5 of this Ordinance. All protests to the creation of L.I.D. No. 2010-1 are hereby overruled.

Section 3: A description of the project to be financed (the "Project") is as follows: the installation of a gravity flow irrigation system on the South Liberty Irrigation Ditch; and all appurtenances thereto so that they comply with County standards, together with costs of engineering, legal services, publication, bond issuance costs and reserves, and other related expenses.

Section 4: The costs and expenses of the Project shall be assessed against the lots and lands included in L.I.D. No. 2010-1 according to the benefits derived method of assessment, as provided by Section 50-1707, Idaho Code.

Section 5: The estimated cost of the Project is $1,881,834, of which $970,695 plus any further costs of any necessary potential bond reserve fund will be paid from a levy of assessments on the property benefited by the Project within L.I.D. No. 2010-1. The assessments against lots and lands included in L.I.D. No. 2010-1 may be paid in annual installments of principal and interest, over a period which may be less than but which shall not exceed thirty (30) years, as shall be determined by the Board, if not otherwise paid as provided by law.

Section 6: In the event that the Board determines to issue interim warrants for the purpose of paying any contractor for the costs of the Improvements for L.I.D. No. 2010-1, or otherwise defraying the Costs of the Improvements as they become due, the Board of County Commissioners, the County Clerk, the County Treasurer are hereby authorized to cause to be issued, sold, and delivered, on behalf of L.I.D. No. 2010-1, interim warrants of L.I.D. No. 2010-1, which warrants shall be in such form and amounts (not exceeding, in the aggregate, $970,695) as the Board may hereafter provide by resolution, which warrants shall be redeemed and paid in full, together with any accrued and unpaid interest thereon, from the proceeds of the sale of the bonds and the prepayment of assessments of L.I.D. No. 2010-1. 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 and interest on each interim warrant issued pursuant hereto.

Section 7: EPIC Engineers is hereby appointed as the engineer for L.I.D. No. 2010-1 and shall prepare the engineer's report and preliminary assessment roll as provided by Section 50-1712, Idaho Code. County staff shall provide support and evaluation as needed.

Section 8: This Ordinance shall be published once in the official newspaper of the City and shall take effect and be in full force immediately upon its passage, approval, and publication.

DATED this 22nd day of March, 2010.

COUNTY OF BEAR LAKE, Idaho

 

By_____________________________
Chairman

ATTEST:

 

_______________________________
County Clerk

(SEAL)

EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz to convene in executive session per Idaho Code 67-2345(d) to discuss indigent claims. 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 medical indigent claims as follows:

MEDICAL ASSISTANCE CLAIMS
Case #2010-06 - Approved - medically indigent, medically necessary, obligated County, emergency, last resource.
Case #2010-08 - Approved - 10-day prior - medically indigent, medically necessary, obligated County, last resource.

Meeting adjourned.

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3/22/10 Special Meeting Notice:

THE BOARD OF BEAR LAKE COUNTY COMMISSIONERS WILL BE HOLDING A SPECIAL MEETING ON MONDAY, MARCH 22, 2010 AT 9:00 A.M. IN THE SCHOOL DISTRICT #33 BOARD ROOM, PARIS, IDAHO TO CONSIDER THE FORMATION OF THE SOUTH LIBERTY LOCAL IMPROVEMENT DISTRICT.

FOLLOWING THE MEETING THE COMMISSIONERS WILL ALSO BE MEETING IN AN EXECUTIVE SESSION AT 9:15 A.M. TO DISCUSS MEDICAL ASSISTANCE CLAIMS.

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3/16/10 Special Meeting Notice:

NOTICE IS HEREBY GIVEN THAT THE COMMISSIONERS WILL HOLD A SPECIAL MEETING ON TUESDAY, MARCH 16, 2010 IN THE SCHOOL DISTRICT #33 BOARD ROOM, 39 SOUTH FIELDING, PARIS, IDAHO.

AGENDA:

6:45 P.M. - EXECUTIVE SESSION PER IDAHO CODE 67-2345 - MEDICAL ASSISTANCE CLAIM

7:00 P.M. - PER IDAHO CODE 50-1700 - CONTINUATION OF THE SOUTH LIBERTY IRRIGATION L.I.D. HEARING

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3/9/10 Public Meeting Minutes:

The Board of Bear Lake County Commissioners met in a special session on March 9, 2010, beginning at 6:00 P.M., in the Gymnasium of the Paris Elementary School in Paris, Idaho. Members present were Vaughn N. Rasmussen, Chairman, Montain D. Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board.

Stephanie Bonney, LID Attorney, Jim Rigley, JoAnn Taylor, Lila Detmer, Bruce Wallentine, Clarence Passey, Larry Passey, Rayo Passey, Brit Robinson, Joan Passey, Gail Eborn, Mark Eborn, Traci Roberts, Rick Roberts, Larry Eborn, Weston Parker, Myron Earley, Johnny Sutton, Ben Eborn, Jay Hymas, Nadine Hymas, Jay Ward, Catherine Hersman, Glen Hersman, Paul Johnson, and James Hardcastle also attended the meeting.

LID PROCESS
Stephanie Bonney explained the purpose and process of forming Local Improvement Districts. She answered questions by audience members in preparation for the LID hearings.

SKINNER IRRIGATION COMPANY LID HEARING
(See separate minutes of Public Hearing.)

SOUTH LIBERTY IRRIGATION COMPANY LID HEARING
(See separate minutes of Public Hearing.)

SKINNER IRRIGATION LID ORDINANCE 2010-2
Following the public hearings Commissioner Kunz made a motion seconded by Commissioner Romrell to adopt Ordinance 2010-2 forming LID #2010-2, the Skinner Irrigation Company LID. Motion Carried.

ORDINANCE CREATING SKINNER CREEK LOCAL IMPROVEMENT DISTRICT

ORDINANCE NO. 2010-2

AN ORDINANCE OF THE COUNTY OF BEAR LAKE, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 2010-2; DESCRIBING AND SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE PROJECT TO BE FINANCED THEREIN; APPOINTING AN ENGINEER TO PREPARE THE ENGINEER'S REPORT AND ASSESSMENT ROLL; PROVIDING FOR THE PAYMENT OF COSTS AND EXPENSES OF THE PROJECT TO BE ASSESSED AGAINST THE PROPERTY WITHIN THE LOCAL IMPROVEMENT DISTRICT AND THE METHOD OF ASSESSMENT; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the County of Bear Lake, Idaho (the "County"), is a political subdivision organized and operating under and pursuant to the laws of the State of Idaho and is authorized by Idaho Code Title 50, Chapter 17, to create local improvement districts for public improvements, and to finance said improvements by the issuance and sale of local improvement district bonds or warrants, which bonds or warrants are payable solely from assessments upon the property benefited thereby; and

WHEREAS, the Board of County Commissioners (the "Board") of the County has determined that it is in the best interests of the County and its residents, and of the property and residents within the proposed local improvement district, to create a local improvement district for the purpose of financing certain public improvements as follows: a gravity flow irrigation system on the Skinner Creek located in Nounan, Idaho replacing an existing outdated system, and all appurtenances thereto so that they comply with the County standards, together with costs of engineering, legal services, publication, bond issuance costs and reserves, and other related expenses.

WHEREAS, by Petition of landowners of property within the proposed local improvement district, the landowners initiated the formation of a local improvement; and

WHEREAS, by adoption of Resolution No. 2010-8 on February 19, 2010, the Board expressed its intention to create a local improvement district for the purpose of financing the costs of such improvements; and

WHEREAS, after proper publication and mailing of notice to the owners of property within the proposed improvement district of intention to create the proposed local improvement district, a public hearing was held by the Board on March 09, 2010, at which hearing the residents and owners of property within the proposed local improvement district had the opportunity to protest the formation of the local improvement district.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BEAR LAKE, IDAHO, as follows:

Section 1: The Board of County Commissioners hereby finds and declares:

(a) That Local Improvement District No. 2010-2 of the County of Bear Lake, Idaho, will be in the best interests of the property affected and of the County;

(b) That there is a reasonable probability that the obligations of Local Improvement District No. 2010-2 of the County of Bear Lake, Idaho, will be paid; and

(c) That the value of the property subject to assessment within Local Improvement District No. 2010-2 of the County of Bear Lake, Idaho, (such value being determined by the current assessed valuation of such property for ad valorem tax purposes as shown by the records of the Assessor of Bear Lake County, Idaho) exceeds the sum of the estimated costs to be assessed against the property included in Local Improvement District No. 2010-2 of the County of Bear Lake, Idaho.

Section 2: There is hereby established and created a local improvement district within the County, to be known and designated as "Local Improvement District No. 2010-2 of the County of Bear Lake, Idaho", also known as "L.I.D. No.2010-2", the boundaries of which local improvement district shall be: Township 10S R43E Section 32. Township 11S R43E Sections: 4, 5, 8, 9, 16, 17. All property within the boundaries of L.I.D. No. 2010-2 (except property which is exempt from assessment because of government ownership) will be subject to assessment according to the method of assessment set forth in Section 5 of this Ordinance. All protests to the creation of L.I.D. No. 2010-2 are hereby overruled.

Section 3: A description of the project to be financed (the "Project") is as follows: a gravity flow irrigation system on the Skinner Creek located in Nounan, Idaho replacing an existing outdated system, Idaho; and all appurtenances thereto so that they comply with County standards, together with costs of engineering, legal services, publication, bond issuance costs and reserves, and other related expenses.

Section 4: The costs and expenses of the Project shall be assessed against the lots and lands included in L.I.D. No. 2010-2 according to the benefits derived method of assessment, as provided by Section 50-1707, Idaho Code.

Section 5: The estimated cost of the Project is $480,757, of which $248,601 plus any further costs of any necessary potential bond reserve fund will be paid from a levy of assessments on the property benefited by the Project within L.I.D. No. 2010-2. The assessments against lots and lands included in L.I.D. No. 2010-2 may be paid in annual installments of principal and interest, over a period which may be less than but which shall not exceed thirty (30) years, as shall be determined by the Board, if not otherwise paid as provided by law.

Section 6: In the event that the Board determines to issue interim warrants for the purpose of paying any contractor for the costs of the Improvements for L.I.D. No. 2010-2, or otherwise defraying the Costs of the Improvements as they become due, the Board of County Commissioners, the County Clerk, the County Treasurer are hereby authorized to cause to be issued, sold, and delivered, on behalf of L.I.D. No. 2010-2, interim warrants of L.I.D. No. 2010-2, which warrants shall be in such form and amounts (not exceeding, in the aggregate, $248,601) as the Board may hereafter provide by resolution, which warrants shall be redeemed and paid in full, together with any accrued and unpaid interest thereon, from the proceeds of the sale of the bonds and the prepayment of assessments of L.I.D. No. 2010-2. 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 and interest on each interim warrant issued pursuant hereto.

Section 7: Sunrise Engineers is hereby appointed as the engineer for L.I.D. No. 2010-2 and shall prepare the engineer's report and preliminary assessment roll as provided by Section 50-1712, Idaho Code.

Section 8: This Ordinance shall be published once in the official newspaper of the City and shall take effect and be in full force immediately upon its passage, approval, and publication.

DATED this 9th day of March, 2010.

COUNTY OF BEAR LAKE, Idaho

By_____________________________
Chairman
ATTEST:

_______________________________
County Clerk

(SEAL)

South Liberty LID hearing was continued until 7:00 P.M., March 16, 2010.

The Board of Bear Lake County Commissioners met in a Special Session on March 9, 2010 in the gymnasium of the Paris Elementary School beginning at 7:00 P.M. The purpose of the meeting was to hold a public hearing on the formation of a Local Improvement District for the Skinner Irrigation Company. Members present were Vaughn N. Rasmussen, Chairman, Montain Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board.

Members of the Public present were Jim Rigley, JoAnn Taylor, Lila Detmer, Phillip Bartschi, Leroy Long, Marlene Humphreys and Cody Briggs.

Commissioner Rasmussen opened the hearing and explained the purpose of the hearing and how the hearing would be conducted. Testimony was limited to 5 minutes.

Testifying in favor of the LID were Phillip Bartschi, Leroy Long and Marlene Humphreys.

Following discussion Commissioner Romrell made a motion seconded by Commissioner Kunz to close the Public Hearing.

The Board of Bear Lake County Commissioners met in a Special Session on March 9, 2010 in the gymnasium of the Paris Elementary School beginning at 7:30 P.M. The purpose of the meeting was to hold a public hearing on the formation of a Local Improvement District for the South Liberty Irrigation Company. Members present were Vaughn N. Rasmussen, Chairman, Montain Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board.

Members of the Public present were Jim Rigley, JoAnn Taylor, Lila Detmer, Bruce Wallentine, Clarence Passey, Larry Passey, Rayo Passey, Brit Robinson, Joan Passey, Gail Eborn, Mark Eborn, Traci Roberts, Rick Roberts, Larry Eborn, Weston Parker, Myron Earley, Johnny Sutton, Ben Eborn, Jay Hymas, Nadine Hymas, Jay Ward, Catherine Hersman, Glen Hersman, Paul Johnson, and James Hardcastle.

Commissioner Rasmussen opened the hearing and explained the purpose of the hearing and how the hearing would be conducted. Testimony was limited to 5 minutes.

Testifying in favor of the LID were Bruce Wallentine, Catherine Hirshman, Glen Hirshman, James Hardcastle and Wayne Beck(letter).

Testifying against the LID were Clarence Passey, Rayo Passey, Brit Robinson, Joan Passey, Gail Eborn, Mark Eborn, Tracy Roberts, Rick Roberts, Johnny Sutton, Ben Eborn, Jay Hymas and Mike Derricott.

Offering neutral testimony was Jay Ward.

Following discussion Commissioner Romrell made a motion seconded by Commissioner Kunz to continue the public hearing in one week at 7:00 P.M. on March 16, 2010. Motion carried.

The continued meeting was called to order at 7:00 P.M., March 16, 2010 in the School District #33 Board Room. Commissioner Rasmussen again explained the purpose of the hearing and how the hearing would be conducted for the benefit of those who were not at the March 9 meeting.

Commissioner Rasmussen clarified three items regarding formation of the LID:
1. Names could not be removed from the petition after presentation to the
Commissioners.
2. Not approving the LID does not mean that the project can't go forward.
3. The Commissioners can consider the financial impact on the property owners.

Testifying in favor of the LID were Vaughn Saxton, Junior Wallentine, Ralph Spotten, Wayne Beck and Larry Eborn. The Commissioners answered questions and held a short discussion.

Commissioner Romell made a motion seconded by Commissioner Kunz to adjourn the hearing. Motion carried.

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3/9/10 Public Meeting Notice:

NOTICE IS HEREBY GIVEN THAT TUESDAY, MARCH 9, 2010 AT THE HOUR OF 6:00 P.M. IN THE SCHOOL DISTRICT #33 GYMNASIUM, 39 NORTH FIELDING STREET, PARIS, STEPHANIE BONNEY WILL PRESENT LOCAL IMPROVEMENT DISTRICT INFORMATION.

AS PREVIOUSLY ADVERTISED - AT 7:00 P.M. OR AS SOON THEREAFTER, A PUBLIC HEARING WILL BE HELD PURSUANT TO L.I.D. NO. 2010-02 - SKINNER CREEK.

AT 7:30 P.M. OR AS SOON THEREAFTER, A PUBLIC HEARING WILL BE HELD PURSUANT TO L.I.D. NO. 2010-01 - SOUTH LIBERTY IRRIGATION DITCH.

PLEASE NOTE ALL MEETINGS WILL BE HELD IN THE GYMNASIUM CHANGED FROM THE BOARD ROOM FOR ACCOMODATION PURPOSES.
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3/8/10 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, March 8, 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, Rosa Moosman, Editor of the News Examiner, and Bill Stock also attended the meeting.

AGENDA APROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the agenda. Motion carried.

MINUTES APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the minutes of the February 8, 2010 regular meeting and the February 12 and 19, 2010 special meetings. Motion carried.

ELECTED OFFICIALS MEETING
Sheriff Bunn presented his monthly report. Average jail population for February was 6.7 prisoners per day. He reported on a domestic violence training event sponsored by his department and attended by people from around the state. Clerk Haddock reported that petitions for offices in the May Primary Election were being accepted until March 19.

COMMITTEE REPORTS
Commissioners reported on activities of the Fair Board, R.C. & D. projects and The Bear Lake Regional Commission.

RESOLUTION #2010-09 OPPOSING HR 980
The Commissioners had previously discussed the Northern Rockies Ecosystem Protection Act (HR 980). Commissioner Romrell made a motion seconded by Commissioner Kunz to adopt Resolution #2010-9 opposing the Act and urging our Idaho's Congressional Delegates to do the same. Motion carried.

BEAR LAKE COUNTY RESOLUTION 2010-9

A RESOLUTION OF BEAR LAKE COUNTY OPPOSING HOUSE RESOLUTION 980: THE NORTHERN ROCKIES ECOSYSTEM PROTECTION ACT (HEREAFTER HR 980) AND URGING THE IDAHO CONGRESSIONAL DELEGATION TO OPPOSE HR 980

WHEREAS, HR 980, has been introduced in the House of Representatives; and

WHEREAS, 63% of all land in Idaho is owned by the Federal Government; and

WHEREAS, 4.5 million acres of Federal land in Idaho, or 13.5% of Federal land and
8.5% of total land in Idaho, has already been designated as components of the
Wilderness Protection System; and

WHEREAS, the state of Idaho has developed its own Rules to manage these areas
through a collaborative process involving stakeholders; and

WHEREAS, adding an additional 6.8 million acres of Federal land in Idaho to the
Wilderness Protection System will bring the total amount of Federal lands in
Idaho classified as protected wilderness to 11.3 million, or 34% of all Federal
land and 21.3% of total land in Idaho; and

WHEREAS, 608 miles of waterways on Federal land in Idaho have already been
designated as components of the wild and scenic waterways system; and

WHEREAS, the addition of 1,127.8 miles of Idaho waterways to the Wild and Scenic
Waterways System represents an increase of 185.5%; and

WHEREAS, the lands and waterways proposed for inclusion in the Wilderness
Protection System and the Wild an Scenic Waterways System are contained in
the Boise, Caribou-Targee, Idaho Panhandle, Nez Perce, Payette, Salmon-
Challis, and Sawtooth National Forests and are located within the Counties of
Idaho and have historically been open for recreational enjoyment and
Economic development activities by a multitude of citizens of the Counties in
Idaho; and

WHEREAS, the proposed legislation will restrict access to federal land and waterways
for recreational and economic development activities.

NOW, THEREFORE, BE IT RESOLVED that Bear Lake County's Board of County
Commissioners strongly opposes HR 980 and strongly recommends that the
Idaho Congressional Delegation oppose HR980.

ADOPTED this 8th day of March, 2010

BEAR LAKE COUNTY BOARD OF COMMISSIONERS


Vaughn N. Rasmussen, Chairman

 


Montain D. Kunz

 


DeMar Romrell

ATTESTED:

____________________________
Kerry Haddock, Clerk

AIRPORT GRANT RESOLUTION #2010-10
Commissioner Romrell made a motion seconded by Commissioner Kunz to adopt Resolution #2010-10 to accept grant funds from the Idaho Transportation Department for improvements at the Airport. Motion carried. The Commissioners also signed close out documents for Federal Grant projects that were complete.

County Resolution #2010-10

Extract from the minutes of a regular meeting
of the County Commission of Bear Lake County, Idaho
Held on March 8, 2010.

The following Resolution was introduced by Commissioner Romrell, read in full, considered and adopted:

Resolution number 2010-10 of Bear Lake County, Idaho accepting the Grant Offer of the State of Idaho through the Idaho Transportation Department, Division of Aeronautics, in the maximum amount of $6,579 to be used under the Idaho Airport Aid Program, Program number: FAA81U7, Project number: 3-16-0027-007/008 in the development of the Bear Lake County Airport; and

Be it resolved by the Chairman and County Commission of Bear Lake County, Idaho (herein referred to as the "County") as follows:

Sec. 1. That the County shall accept the Grant Offer of the State of Idaho in the amount of $6,579, for the purpose of obtaining State Aid under Program Number: FAA81u7, Project Number: 3-16-0027-007/008 in the development of the Bear Lake County Airport; and

Sec. 2. That the Chairman of the Bear Lake County is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Acceptance) on behalf of the County. The County Clerk is hereby authorized and directed to attest the signature of the Chairman and to impress the official seal of the County on the aforesaid statement of Acceptance; and

Sec. 3. A true copy of the Grant Agreement referred to herein be attached hereto and made a part thereof.

Passed by the County Commission and approved by the Chairman this 8th day of March, 2010.

_________________________________
VAUGHN N. RASMUSSEN, Chairman

ATTEST:_______________________
KERRY HADDOCK, Clerk

CERTIFICATE

I, Kerry Haddock, County Clerk do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2010-10 adopted at a regular meeting of the County Commission held on the 8th day of March, 2010, and that the same is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official seal of the County, this 8th day of March, 2010.

______________________________
Kerry Haddock, County Clerk

ROAD AND BRIDGE
Greg Skinner presented his monthly report. The crews had been rebuilding cattle guards and hauling gravel. The winter snow plowing had been fairly light. Mr. Skinner noted that there was the usual break-up this time of year.

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

REPORT GRAND TOTAL . . . . . 223,839.27 146
TOTAL VOID/CANCEL . . . . . 7.28 * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
223,831.99

DINGLE RAILROAD CROSSING
Representatives of the Union Pacific Railroad and The Idaho Department of Transportation met with the Commissioner regarding two Dingle railroad crossings. It was there desire to upgrade the main Dingle crossing and close the Keetch crossing for safety reasons. They hoped to get State grant funds to upgrade the main Dingle crossing and felt that closing the Keetch crossing would increase the chances of receiving grant monies. The Commissioners agreed to schedule a public hearing on closing the Keetch crossing. The hearing was set for April 20, 2010.

CTD OIL AND GAS RESOLUTION #2010-11
Commissioner Kunz made a motion seconded by Commissioner Romrell to adopt Resolution #2010-11 allowing the County to sign a 10 year oil and gas lease with CTD.
Motion Carried.
RESOLUTION #2010-11

RESOLUTION TO ENTER INTO OIL AND GAS LEASES

WHEREAS, Bear Lake County has oil and gas rights on certain rights of way in the County; and

WHEREAS, CTD, Inc. wishes to lease said oil and gas rights; and

WHEREAS, Idaho Code 47-1401 through 47-1403 allows Bear Lake County to enter into such leases; and

WHEREAS, The Board of Bear Lake County Commissioners feel that it is in the best interest of Bear Lake County to execute such leases;

THEREFORE, BE IT RESOLVED, The Bear Lake Board of County Commissioners will execute oil and gas leases with CTD, Inc. involving various rights of way in the County.

Adopted this 8th day of March, 2010

BEAR LAKE COUNTY COMMISSIONERS

 

 

_____________________________________
VAUGHN N. RASMUSSEN, Chairman

 

_____________________________________
MONTAIN D. KUNZ

 

_____________________________________
DEMAR ROMRELL

ATTESTED

_______________________
KERRY HADDOCK, Clerk

CHURCH ROAD VACATION
The Commissioners considered a Resolution to vacate a portion of Church Road in Liberty. The Commissioners had received a petition and held a Public hearing with no opposition. Commissioner Kunz made a motion seconded by Commissioner Romrell to adopt Resolution #2010-12 vacating the right of way. Motion carried.

RESOLUTION #2010-12

RESOLUTION TO VACATE THAT PART OF CHURCH ROAD DIRECTLY EAST OF BLOCK 10 OF THE TOWNSITE OF LIBERTY

 

WHEREAS, The Board of Bear Lake County Commissioners have received a petition to vacate the above road; and

WHEREAS, the petition conforms to the procedures as outlined in Idaho Code 50-1317; and

WHEREAS, a notice of pendency of the petition was advertised and posted as outlined in Idaho Code 50-1317; and

WHEREAS, no opposition was received within 30 days of such advertising and posting;

THEREFORE, BE IT RESOLVED, The Board of Bear Lake County Commissioners do hereby vacate that part of Church Road directly East of Block 10 of the Township of Liberty.

Adopted this 8th day of March, 2010.

 

BEAR LAKE COUNTY COMMISSIONERS

 

 

_____________________________________
VAUGHN N. RASMUSSEN, Chairman

 

_____________________________________
MONTAIN D. KUNZ

 

_____________________________________
DEMAR ROMRELL

 

ATTESTED

_______________________
KERRY HADDOCK, Clerk

HEALTH DEPARTMENT REPORT
Leslie Talbot and Tiffany Preston presented the 4th quarter report of the Southeast Idaho Health Department. This was a busy quarter with H1N1vaccinations. They reported giving 196 flu and 225 other vaccinations. There was $29,792 food dollars spent on the WIC program.

AUDIT APPROVAL
Commissioner Kunz made a motion seconded by Commissioner Romrell to accept the annual audit of the County's finances which had been received at the February meeting. Motion carried.

DRUG COURT JUDGE TRAINING
Nick Arambarri and Suzanne Johnson from the Sixth Judicial District asked the Commissioners for financial help in sending two Judges to Drug Court training as the Drug Court in Caribou County also serves Bear Lake residents. They asked foe $1,725 for Bear Lake's share. Commissioner Kunz made a motion seconded by Commissioner Romrell to pay $1,725 to help with the training. Motion carried.

BRIDGE BIDS
The Commissioners opened bids for bridge projects on Pearl Creek and Pruess Creek that were being paid for with Forest Service Grant Money. Bids received were as follows:

Pearl Creek Bridge:
Robertson Manufacturing $24,425.00
Old Castle Precast $22,804.88

Pruess Creek Bridge:
Old Castle Precast $8,796.00
Thomas Rocks $8,755.25

Pruess Creek Footings:
Robertson Manufacturing $8,597.80
Old Castle Precast $5,656.48

Commissioner Romrell made a motion seconded by Commissioner Kunz to accept the lowest bids subject review by the Forest Service Engineer. Motion carried.

GARBAGE TRUCK BIDS
The Commissioners opened bids for a new garbage truck. Bids received were as follows:
Signature Equipment $235,905
McNelus Company $222,421
Solid Waste Systems $229,271
Commissioner Romrell made a motion seconded by Commissioner Kunz to accept the lowest bid of McNelus Company and pay cash, financing internally. Motion Carried.

URBAN RENEWAL DISTRICTS
Kathy Ray, Four County Economic Development Director, presented information on Urban Renewal Districts. Formation of Urban Renewal Districts is a way for Cities to pay for infrastructure needed to attract new business and other economic development in blighted areas in the City. Montpelier is exploring the formation of a district.

EXECUTIVE SESSION
Commissioner Kunz made a motion seconded by Commissioner Romrell 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 Romrell made a motion seconded by Commissioner Kunz to act on medical indigent claims as follows:

MEDICAL ASSISTANCE CLAIMS
Case # 2010-01 - Approved - medically indigent, medically necessary, obligated County, last resource, emergency need.
Case #2010-01-A - Approved - medically necessary, medically indigent, obligated County, last resource.
Case #2010-03 - Approved - medically indigent, medically necessary, obligated County, last resource, emergency need.

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

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3/8/10 Commissioners Meeting Agenda:

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

9:15 A.M. COMMITTEE ASSIGNMENTS

9:30 A.M. JIM MARSHALL, UPRR - Dingle Crossing

9:45 A.M. LIBERTY CHURCH ROAD VACATION

10:00 A.M. LESLIE TALBOT, TIFFANY PRESTON & JESSIE ANGLESEY - SEDH Dept Quarterly Report

10:15 A.M. APPROVE ANNUAL AUDIT

10:30 A.M. RESOLUTION OPPOSING HR 980 (Northern Rockies Ecosystem Protection Act)

10:45 A.M. NICK ARAMBARRI - Drug Court Judge Training

11:00 A.M. GARBAGE TRUCK BIDS/BRIDGE BIDS

11:15 A.M. CTD OIL & GAS LEASE RESOLUTION

11:30 A.M. KATHY RAY - 4 - CAFI - Urban Renewal Districts

11:45 A.M. PUBLIC COMMENTS

12:00 P.M. EXECUTIVE SESSION - Medical Assistance Claims/Personnel Issues

LUNCH

1:00 P.M.

1:15 P.M.

1:30 P.M.

UNFINISHED BUSINESS
Road & Bridge Issues/Solid Waste Issues

NEW BUSINESS
Approve November's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims

Airport Grant
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