11/14/11 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session November 14, 2011, 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, Tricia Poulsen, Lori Haddock and Bill Stock also attended the meeting.

AGENDA
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the agenda with no changes. Motion carried.

MINUTES APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the minutes of the October12, 2011 regular meeting. Motion carried.

ELECTED OFFICIALS MEETING
Sheriff Bunn presented his monthly report. He noted that juvenile incidents were up. The enhanced 911 equipment was here but, we were still having problems with DCDI getting addressing. New vehicle will be here in two weeks. Lori Haddock, Assessor's Office, reported that there would be some Pictometry training on Thursday. Treasurer Tricia Poulsen reported that tax collections were slightly ahead of last year.

COMMITTEE ASSIGNMENTS
Commissioner Romrell noted a vacancy in the Fair Board. After discussion Commissioner Kunz made a motion seconded by Commissioner Romrell to appoint Paul Martindale to the Board subject to his accepting the appointment. Motion carried. Commissioner Rasmussen attended a Four County Economic Development meeting. Commissioner Kunz reported that the RC&D will be dissolved due to lack of funding by the Federal Government. Commissioner Rasmussen attended a Gem Plan Board meeting. He noted that one County was considering dropping out.

REDISTRICTING
The Commissioners looked at the new Legislative District 32 Boundaries that were recently approved by the Redistricting Committee. The main difference was an increase in Bonneville County residents included in District 32.

MASS CASUALTY PLAN
Alan Eborn presented a Hazardous Materials Flow Study Report for Bear Lake County. He noted that there was a considerable quantity of hazardous materials pass through the County. Most of the materials were on Highway 30 and the Union Pacific Railroad. He also asked the Commissioners to approve a Mass Fatalities Plan to add to the Emergency Management Plan for the County. Since we have no refrigeration for bodies in the County, five bodies would constitute a mass casualty. Commissioner Kunz made a motion seconded by Commissioner Romrell to accept and sign a letter adding the Mass Fatalities Plan to the County Emergency Management Plan. Motion carried.

DISTRICT HEALTH DEPARTMENT QUARTERLY REPORT
Leslie Talbot and Tiffany Preston presented the Southeastern District Health Department quarterly report. The Department was audited in September with no violations. They had 616 immunization clients and 527 WIC clients. The Department conducted 21 food inspections.

LHTAC APPLICATION
The Commissioners considered a grant application that Keller Engineering had prepared to install guard rails and make roadway improvements at Poverty Flats road and Camp Stewart Bridge. Commissioner Romrell made a motion seconded by Commissioner Kunz to sign the application. Motion carried.

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

REPORT GRAND TOTAL . . . . TOTAL WARRANTS . . . . . 408,987.17 198
TOTAL VOID/CANCEL . . . . . 493.88 * * TOTAL VOIDED/CANCEL FOR THE PERIOD SELECTED * *
NET WARRANTS . . . . . 408,493.29

TAX CANCELLATION
Marden Phelps, Montpelier City Councilman, asked the Commissioners to cancel taxes that were charged in error on tax exempt property purchased several years ago by the Montpelier Housing Coalition. Commissioner Romrell made a motion seconded by Commissioner Kunz to cancel the taxes and any penalty and interest that had accrued subject to receiving a letter of request from the City. Motion carried.

MISDEMEANER PROBATION POLICIES
Probation Officer Ron Harper presented proposed policy and procedures that had been suggested by the District for probation officers. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve and sign the Policies and Procedures. Motion carried.

PLANNING AND ZONING ISSUES
Planning and Zoning Administrator Mitch Poulsen presented several recommendations to the Commissioners. The first concerned a House in Liberty that had been built within the County right of way on a road that is platted at 132 feet wide. Commissioner Romrell made a motion to grant the waiver subject to the conditions that if the house were ever destroyed the waiver would be cancelled and that any addition to the house would require the approval of Planning and Zoning. Motion carried. Planning and Zoning had decided that the Bear Lake Valley Blueprint should be used for decision making and a public hearing was not needed. The Planning and Zoning Commission reviewed and recommended approval of a proposal to abandon a right of way in Pegram. The Planning and Zoning Commission recommended approval of a request by Doug Taylor for a rezone and conditional use permit on his property north of Bloomington. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the rezone to Commercial. Motion carried. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the conditional use permit. Motion carried. The Planning and Zoning Commission also recommended approval of an application for a Conservation Subdivision in Bennington. This is the first Conservation Subdivision under the new ordinance. Due to the small size of the subdivision Planning and Zoning recommended a waiver of provisions 4.C., 4.D. and 5.C. of the Ordinance. Commissioner Kunz made a motion seconded by Commissioner Romrell wave the requirements. Motion carried. Commissioner Rasmussen abstained from the voting. Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the Preliminary Plat of the N and S Conservation Subdivision. Motion carried. Commissioner Rasmussen abstained from the voting.

BUDGET INCREASE PUBLIC HEARING
Commissioner Kunz made a motion seconded By Commissioner Romrell to recess the regular meeting to hold a public hearing as advertised. Motion carried. Commissioner Romrell made a motion seconded by Commissioner Kunz to open the public hearing on fiscal year 2011 budget increases per Idaho Code 31-1605. Motion carried. Clerk Kerry Haddock read and explained Resolutions 2011-7, 8 and 9 detailing increases in the 2011 budget due to unscheduled revenues and necessary expenses. There were not public comments of the proposed changes. Commissioner Kunz made a motion to close the public hearing and reconvene in regular meeting. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve Resolutions 2011-7, 8, and 9. Motion carried.

RESOLUTION #2011-7

RESOLUTION INCREASING THE BUDGET
FOR FISCAL YEAR 2010-2011
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, November 14, 2011, pursuant to designated published time; and

WHEREAS, The County received unanticipated grants and revenues in the Road and Bridge, Juvenile Justice and Waterways funds.

THEREFORE, BE IT RESOLVED, The Bear Lake County Board of County Commissioners increase the Road and Bridge Budget by $322,561.22, the Juvenile Justice Budget by $7,623.16 and the Waterways Budget by $25,915, none of which will result in an increase in property taxes.

Adopted this 14th day of November, 2011.

RESOLUTION #2011-8

RESOLUTION INCREASING THE BUDGET
FOR FISCAL YEAR 2010-2011
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 Road and Bridge Fund, Road and Bridge Capital Fund, Health Department Fund, Historical Society Fund, Junior college Fund, Solid Waste Fund and the Drug Enforcement Fund.

THEREFORE, BE IT RESOLVED, The Bear Lake County Board of County Commissioners increase the Road and Bridge Budget by $36,783.23, the Road and Bridge Capital Budget by $91,127.00, the Health Department Budget by 297.68, the Historical Society Budget by $706.57, the Junior College Budget by $1,050.00, the Solid Waste Budget by $62834.50 and The drug Enforcement by $1,500.94, none of which will result in an increase in property taxes.

Adopted this 14th day of November, 2011.

RESOLUTION #2011-9

RESOLUTION ORDERING THE TRANSFER OF
APPROPRIATIONS FROM THE CURRENT EXPENSE FUND TO
THE ROAD AND BRIDGE 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 Road and Bridge 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 $100,000 from the Current Expense Fund to the Road and Bridge Fund until such time that the funds are received and at that time transfer $100,000 from the Road and Bridge Fund to the Current Expense Fund.

Adopted this 14th day of November, 2011.

SOLID WASTE PLANNING GRANT
Advanced Environmental Engineering presented a proposal to seek an EPA planning grant for the Landfill. The cost to the County for the grant application would be $5,000 to $7,000. They will work with Todd Transtrum and submit a proposal.

PARIS WATER PROJECT
Robert Butler, Butler Engineering, Brent Lewis and David Mathews asked the Commissioners to allow the City of Paris to use the County right of way for the new water pipeline project. This would have the least environmental impact. The Commissioners were agreeable if there would be an agreement in place to return the road to the current condition.

EXECUTIVE SESSION
Commissioner Kunz made a motion seconded by Commissioner Romrell to convene in executive session per Idaho Code 67-2345(b, c and f) to discuss medical indigent cases, personnel and legal matters. 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 cases as follows:

MEDICAL ASSISTANCE CLAIMS
Case #2011-22 - Denied - Provider withdrew application, not medically indigent, not the last resource.

DEQ SIX MONTH REVIEW
Bruce Olenick , Department of Environmental Quality met with the Commissioners . He discussed two violations at the landfill during a recent Health Department inspection. The Commissioners will work the correct these in the future. Mr. Olenick noted that he was working with the Paris Hills mining operation. DEQ would mostly be looking at water quality issues.

ELECTION CANVASS
Clerk Haddock presented results of the November 8, 2011 City and School District #33 elections. Acting as the County Board of Canvassers, Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the canvass of the election. Motion carried.

ROAD AND BRIDGE REPORT
Greg Skinner presented his monthly report. Most of the time was spent at the Montpelier Reservoir project. He was installing signs where there would be no winter maintenance.

JOES GAP PUBLIC ACCESS
The Commissioners discussed the status of Joes Gap Road with members of the public. Commissioner Rasmussen stated that the Commissioners had initiated validation proceedings, upon advice from legal counsel, to determine if the Road is a public road. The Commissioners would remain neutral during the process.

ECONOMIC DEVELOPMENT COMMITTEE
The Commissioners continued discussions on forming a County wide economic development committee. Mayor Reed Peterson suggested expanding the existing Montpelier Gem Team to a County wide focus rather forming another committee. Mayor Peterson will present this proposal to the Gem Team at their next meeting.

LIQUOR LICENSE RESOLUTION
The Commissioners considered liquor license applications and a resolution setting fees for 2012. Commissioner Romrell made a motion seconded by Commissioner Kunz to adopt Resolution 2012-1 setting licensee fees and to approve a list of applicants for licenses. Motion carried.

BEAR LAKE COUNTY RESOLUTION NO. 2012-01

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 2012.

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 14th day of November 2011, being the regular business meeting of the Board of County Commissioners for Bear Lake County, State of Idaho.

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

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11/14/11 Commissioners Meeting Notice:

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

9:15 A.M. COMMITTEE ASSIGNMENTS

9:30 A.M. DAVE MATTHEWS - Deputy Coroner

9:45 A.M. ALAN EBORN - EMS Director - Mass Fatality Addition

10:00 A.M. JESSE ANGLESY, LESLIE TALBOT, TIFFANY PRESTON - SOUTHEASTERN DISTRICT HEALTH DEPARTMENT - Annual Report

10:15 A.M. KEN YELLEN, MARDEN PHELPS - City of Montpelier - 11th Street Property - Taxes Waived

10:30 A.M. MITCH POULSEN, PLANNING AND ZONING - Planning and Zoning Issues: Waiver Recommendation, Commercial Rezone, Conditional Use Permit, Conservation Subdivision Rezone, Preliminary Plat.

10:45 A.M. " "

11:00 A.M. PUBLIC HEARING - 2011 BUDGET INCREASES

11:15 A.M. TODD TRANSTRUM, LANDFILL SUPERVISOR - Advanced Environmental Engineering - Landfill Services Grant

11:30 A.M. ROBERT BUTLER, BUTLER ENGINEERING - Use of County Road Right-of-Way to Install Paris City Water System

11:45 A.M. PUBLIC COMMENTS

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

1:00 P.M. BRUCE OLENICK - DEQ - 6 Month Review

1:15 P.M. ELECTION CANVASS

1:30 P.M. PUBLIC ACCESS ROADS/JOE'S GAP UPDATE

1:45 P.M. ECONOMIC DEVELOPMENT COMMITTEE

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

NEW BUSINESS
Approve October's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims

Gem Plan Board Member

PTO Policy

Landfill Violation

Misdemeanor Policies and Procedures

Keller Engineering Grant Preparation

Liquor License Resolution

Redistricting Results

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11/9/11 Planning & Zoning Commission Agenda:

The Bear Lake County Planning & Zoning Commission will hold its regular scheduled meeting on Wednesday, November 9, 2011 at 7:00 pm at the Paris Elementary Board Room
located at 39 S. Fielding St., Paris, ID.

Listed below is the agenda:

Public Hearing(s)
Doug Taylor - rezone application
Doug Taylor / CUP heavy equipment contractor
Jason Smith - conservation subdivision rezone
Jason Smith / Preliminary Plat

Discussion Items

1. Approval of agenda
2. Doug Taylor - rezone application
3. Doug Taylor / CUP heavy equipment contractor
4. Jason Smith - conservation subdivision rezone
5. Jason Smith / Preliminary Plat
6. Old Business
7. Approval of the minutes
8. Adjournment
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