4/28/08 Commissioners Special Meeting Minutes:

The Board of Bear Lake County Commissioners met in a Special session on April 28, 2008 beginning at 9:00A.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.

Greg Skinner and Todd Transtrum also attended the meeting.

LANDFILL FEES
Landfill fees were discussed. Issue was tabled until the May 14, 2008 meeting.

EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz to convene in executive session per Idaho Code 67-2345(1)(a) to review applications for a building inspector position. All Commissioners voted yes.

Following the executive session six candidates were chosen to be invited to a job interview. Interviews will be scheduled for the morning of May 6, 2008.

BEAR LAKE COUNTY

VAUGHN N. RASMUSSEN
Chairman of the Board

/s/ Kerry Haddock
KERRY HADDOCK
Clerk of the Board

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4/28/08 Public Notice:

Public Notice is hereby given that the Board of Bear Lake County Commissioners will be meeting on April 28, 2008 at 9:00 A.M. in the Paris School Administration Office, Paris, Idaho to discuss the County Building Inspector position and will also meet in an Executive Session to review Building Inspector Applications.

The Commissioners will also review the temporary levy override plan and adopt County landfill fees that same day.

Fish Haven General Store - Beer/Wine License Approval.
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4/14/08 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, April 14, 2008 beginning at 9:00A.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, Rodney Wallentine, Treasurer, Rosa Moosman, Editor of the News Examiner, Roy Bunderson, Griff Lloyd, Bill Stock, Richard Armatage and Doug Taylor also attended the meeting.

AIRPORT HAY BIDS
The Commissioners opened bids for hay at the Airport as follows:

South North
Wayne Transtrum $2520
Fred Nate $3875 $1800
Chad Hulme $3107 $2177
Roy Bunderson $4043 $2021

Commissioner Romrell made a motion seconded by Commissioner Kunz to accept the high bids of $4,043 by Roy Bunderson for the South and $2,177 by Chad Hulme for the North. Motion was unanimous.

BAILEY CREEK LOTS
Doug Taylor asked the Commissioners the status of liens against tax deeded property he bought at auction over a year ago. The Commissioners had agreed to settle the liens. Attorney Ardee Helm agreed to get the liens removed by July 14th of this year. Mr. Taylor was agreeable to this commitment.

ELECTED OFFICIALS MEETING
Sheriff Bunn presented his monthly report. He reported on a trip that Mayor Peterson, himself and other elected officials made to Bellevue, Idaho to meet with City and County officials where the City had contracted with the County for law enforcement services. Both parties were happy with the results. The Sheriff also reported on talks with School Officials regarding supplying a school resource officer.

HOOK CANYON PUMP STORAGE PROJECT
Claudia Cottle of Bear Lake Watch talked to the Commissioners about the proposed Hook Canyon project. After discussion, the Commissioners agreed to pass a resolution opposing the project at the next meeting.

BINGHAM COUNTY LANDFILL PRESENTATION
Dave Babbitt, Bingham County, Ted Carpenter, B.E.R.R.I. and Dee Johnson, Health Department met with the Commissioners to explain a process that Bingham County Landfill is using for composting dead animals and other refuge. Bingham County disposes of 800 large animals per year. The process involves adding micro organisms to a wind-row of dead animals and other solid waste. After several weeks the material is uncovered and all that's left is black dirt. The dirt is then sold as a soil amendment.

NATIONAL CHILDREN'S STUDY
Bill Barnes met with the Commissioners regarding a letter of support for including a tri-state area in the National Children's Study. The Commissioners had supported the request last year. Commissioner Romrell made a motion seconded by Commissioner Kunz to sign the letter. Motion was unanimous.

MUTUAL AID AGREEMENT
Dennis O'Farell and Rod Horjsh from the District Health Department and Craig Thomas from Bear Lake Memorial Hospital met with the Commissioners to ask for a Mutual Aid Agreement between hospitals in the District to share equipment in an emergency. The Commissioners approved the agreement.

BEAR LAKE LEADERSHIP GROUP
Barry Bergholm met with the Commissioners to inform them that the Bear Lake Leadership Group was having its first graduation the next night. They were looking for a project after graduation. Possible Projects mentioned were a newsletter, a volunteer appreciation day, fair attendance improvement, a farmers market, and recycling.

EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz to convene in executive session per Idaho Code 67-2345(1) to discuss medical indigent cases. All Commissioners voted yes.

Following the Executive Session, Commissioner Kunz made a motion seconded by Commissioner Romrell to reconvene the regular session.

MEDICAL ASSISTANCE CLAIMS
#2008-02 - Approved - Medically Indigent; Obligated County; Last Resource; Emergency Need; Medically Necessary.

#2008-03 - Denied - Not Medically Indigent; Not Last Resource.

AIRPORT GRANT
The Commissioners considered a grant application to the FAA for improvements to the fueling system at the Airport. Following a short discussion, Commissioner Romrell made a motion seconded by Commissioner Kunz to sign and submit the grant application. Motion was unanimous.

Brian Rowland, Judy George, Mitch Poulsen, Rick Thomas, Bill Pettis, Winston Hart, Phillip Ward, Brad Auger and Richard Nelson joined the meeting in progress.

BIKE PATH GRANT AGREEMENT
Mitch Poulsen presented an agreement with Idaho Transportation Department for construction of a bike path along Highway 89 near the lake. He hoped to have enough donated property to satisfy the County's match. Commissioner Kunz made a motion seconded by Commissioner Romrell to sign the agreement. Motion was unanimous.

ORDINANCE CHANGES
Mitch Poulsen and Judy George discussed ordinance changes that had been presented to the Commissioners at their last meeting. Following a short discussion, Commissioner Romrell made a motion seconded by Commissioner Kunz to adopt the changes in the Land Use Ordinance number 2004-02, the Subdivision Ordinance number 2007-01 and the PUD Ordinance number 2007-02, per the recommendation of the Planning and Zoning Commission. Motion was unanimous. (See Ordinance Book for complete Ordinances)

AMENDED - BEAR LAKE COUNTY LAND USE ORDINANCE NO. 2004-02
Notice is hereby given that the County of Bear Lake, Idaho by the Board of County Commissioners have amended the Bear Lake County Land Use Ordinance No. 2004-02, which changes shall be effective upon publication and the changes to the Ordinance are summarized herein as follows:

It was noted the definition for CAFO also referred to as "concentrated animal feeding operation" did not meet the definition mandated by Idaho State Code Title 67-6529C. The definition is being corrected.

Reference to the county's Kennel Ordinance 2006-01 was added to the land use table and limited to zones agriculture and recreation. A reference to the Large Scale Planned unit Development Ordinance will also be added for cross-referencing purposes. (Probably should have an R in those zones for re-zone rather than C for conditional, but that should not be anything more than a clean-up point.)

Buses and truck trailers as storage units were added to the matrix as a separate entry and disallowed in all zones.

A performance standard section was created in order to set specific conditions for various uses that often create additional problems over general uses and a section on recreational vehicles was added along with governing standards.

Land Use Ordinance

Page 10: Insert CAFO definition as used in last public hearing.

Following page numbering may be different after adding the CAFO definition.

Page 15: Add reference to the county's kennel ordinance 2006-01.

Page 28 (under residential uses): Add Large Scale Planned Unit Development to the land use table and limit it to agriculture and recreation zones. Star (*) the Large Scale PUD Development entry and add a reference to the large scale planned unit development ordinance at the bottom of the page. Under "codes for uses listed" add and "R" for rezone and use "R" instead of "C" or "P" in the matrix.

Page 30 (under commercial uses and services): Add buses and truck trailers as storage units to the matrix and disallowed in all zones.

Add a Chapter 12 entitled Performance Standards with the first paragraph as shown for the last public hearing. Then add Section A. Recreational Vehicles with the criteria we published for the last public hearing.

COMES NOW THE BEAR LAKE COUNTY COMMISSIONERS individually and as the Board of Commissioners and certify that the above summary of the changes to the Bear Lake County Land Use Ordinance does truly and correctly summarize the changes of the Bear Lake County Land Use Ordinance.

The full text of the Amended Land Use Ordinance is available for public inspection during normal office hours at the office of the Bear Lake County Clerk or the Bear Lake County Planning and Zoning Administrator. (See Ordinance Book for complete Amended Ordinance)

Adopted by the Board of Bear Lake County Commissioners of Bear Lake County, Idaho this 14th day of April 2008.

BOARD OF BEAR LAKE COUNTY COMMISSIONERS

/s/ Vaughn N. Rasmussen
VAUGHN N. RASMUSSEN, Chairman

/s/ Montain D. Kunz
MONTAIN D. KUNZ

/s/ DeMar Romrell
DEMAR ROMRELL

ATTEST: _______________________________
KERRY HADDOCK, Clerk

AMENDED - BEAR LAKE COUNTY SUBDIVISION ORDINANCE NO. 2007-01
Notice is hereby given that the County of Bear Lake, Idaho by the Board of County Commissioners have amended the Bear Lake County Subdivision Ordinance No. 2007-01, which changes shall be effective upon publication and changes to the Ordinance are summarized herein as follows:

Open space has been further clarified by including definitions for active, passive, and useable open space. The reason for this further clarification is to give examples of possible different open space definitions and to mirror the large scale PUD ordinance definitions. The "open space" definition showing as deleted is actually an error. The general open space definition will remain in the ordinance.

Words "of a discrete parcel or group of parcels of land" and "mixed use" added under the planned unit development definition have been added for clarification purposes. The word "affordable" has been added for clarification of community housing.

It was noted building heights had not been addressed in the subdivision ordinance. A section has been added stating 35 ft. to be the maximum building height and giving the Commission and Board the right to recommend and grant additional heights when it seems appropriate to do so under certain conditions as outlined.

COMES NOW THE BEAR LAKE COUNTY COMMISSIONERS individually and as the Board of Commissioners and certify that the above summary of the changes to the Bear Lake County Subdivision Ordinance does truly and correctly summarize the changes of the Bear Lake County Subdivision Ordinance.

The full text of the Amended Bear Lake County Subdivision Ordinance No. 2007-01 is available for public inspection during normal office hours at the office of the Bear Lake County Clerk or the Bear Lake County Planning and Zoning Administrator. (See Ordinance Book for complete Amended Ordinance)

Adopted by the Board of Bear Lake County Commissioners of Bear Lake County, Idaho this 14th day of April 2008.

BOARD OF BEAR LAKE COUNTY COMMISSIONERS

/s/ Vaughn N. Rasmussen
VAUGHN N. RASMUSSEN, Chairman

/s/ Montain D. Kunz
MONTAIN D. KUNZ

/s/ DeMar Romrell
DEMAR ROMRELL

ATTEST: __________________________________
KERRY HADDOCK, Clerk

AMENDED - BEAR LAKE COUNTY LARGE SCALE PLANNED UNIT DEVELOPMENT ORINANCE NO. 2007-02
Notice is hereby given that the County of Bear Lake, Idaho by the Board of County Commissioners have amended the Bear Lake County Large Scale Planned Unit Development Ordinance No. 2007-02, which changes shall be effective upon publication and the changes to the Ordinance are summarized herein as follows:

It was noted units to determine density were not sufficiently defined and did not include commercial units. To correct this, commercial unit/retail or professional and dwelling unit/commercial were added to definitions. Reference to these new definitions will not also be included in the aggregate density of units described on page 10.

Large Scale Planned Unit Development will be left as is. An error in communication shows a strike out, but there will be no change with the exception of adding the word "mixed use" for clarification purposes.

Words struck under active and passive open space are only struck to eliminate redundancy.

A sub-topic "PUD Design Engineering and Development" was added on page 6 for clearer referencing purposes.

A fee of $10,000 to be maintained at that level until the PUD Permit is issued and the final plat recorded to cover costs associated with the reviews, documentations, and services required was added along with clarification on affordable housing. (If anyone asks, we do not have an affordable housing authority at present and recognize the remainder of this section will need to be changed as this is planned out.)

The open space minimum is being increased to 50% minimum and restrictions on the open space usage is being incorporated in order to ensure all open space will not be developed as active open space and to offer protection for existing wildlife corridors. Further clarification is added by stating, "Open space shall be dedicated for existing wildlife corridors." Recommendation to reduce and granting a reduction of the open space requirement is allowable if deemed advisable and upon conditions as listed.

It was noted building heights had not been addressed in the large scale PUD ordinance. A section has been added stating 35 ft. to be the maximum building height and giving the Commission and Board the right to recommend and grant additional heights when it seems appropriate to do so under certain conditions as outlined.

Any other changes noted are simple clarification changes of a word or two.

COMES NOW THE BEAR LAKE COUNTY COMMISSIONERS individually and as the Board of Commissioners and certify that the above summary of the changes to the Bear Lake County Large Scale Planned Unit Development Ordinance does truly and correctly summarize the changes of the Bear Lake County Large Scale Planned Unit Development Ordinance.

The full text of the Amended Bear Lake County Large Scale Planned Unit Development Ordinance No. 2007-02, is available for public inspection during normal office hours at the office of the Bear Lake County Clerk or the Bear Lake County Planning and Zoning Administrator. (See Ordinance Book for complete Amended Ordinance)

Adopted by the Board of Bear Lake County Commissioners of Bear Lake County, Idaho this 14th day of April 2008.

BOARD OF BEAR LAKE COUNTY COMMISSIONERS

/s/ Vaughn N. Rasmussen
VAUGHN N. RASMUSSEN

/s/ Montain D. Kunz
MONTAIN D. KUNZ

/s/ DeMar Romrell
DEMAR ROMRELL

ATTEST: _____________________________
KERRY HADDOCK, Clerk

SET-BACK VARIANCE
Brian Rowland appealed a decision of the Planning and Zoning Commission to deny his request for a variance of set-back regulations to add a garage on his house. The Commissioners suggested Mr. Rowland look at other alternatives that would meet the set-back ordinances or be agreeable to Planning and Zoning.

BLUE HAVEN CONDO PRELIMINARY PLAT
Mitch Poulsen explained the Preliminary Plat of the Blue Haven Condo. After a short discussion Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the Preliminary Plat per the recommendation of Planning and Zoning. Motion was unanimous.

FENCES
Rick Thomas asked about fences in the Subdivision Ordinance. The current ordinance didn't have fencing provisions. He also discussed a fence along the dry creek road that had been damaged. Brad Auger agreed to repair the fence.

SUMMIT PHASE OF THE RESERVE - FINAL PLAT
Gary McKee presented details of the final plat of the Summit Phase of the Reserve. After a short discussion, Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the Final Plat per the recommendation of Planning and Zoning. Motion was unanimous.

BUILDING CODE
The Commissioners decided to meet later in the month to look over applications for a building inspector. Commissioner Kunz made a motion seconded by Commissioner Romrell to adopt the code after the inspector was hired. Motion was unanimous.

MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the Minutes of the March 10, 2008 regular meeting. Motion was unanimous.

HOMELAND SECURITY GRANT
The Commissioners considered acceptance documents for Homeland Security grants. Commissioner Romrell made a motion seconded by Commissioner Kunz to sign the documents. Motion was unanimous.

JUVENILE ACCOUNTABILITY BLOCK GRANT
The Commissioners considered the annual Juvenile Accountability Block Grant. Commissioner Romrell made a motion seconded by Commissioner Kunz to sign the intent to use document. Motion was unanimous.

FROSTY SAGE KENNEL
Deputy Craig Bunn reported on an inspection of the Frosty Sage Kennel to investigate a complaint of violations of the kennel ordinance. He presented letters from the Humane Society and Dr. Charles Merrill, which pointed out the inhumane conditions at the facility. He also presented pictures. There were far too many dogs to adequately be housed in the facility. After discussion, Commissioner Rasmussen stepped down as Chair and made a motion seconded by Commissioner Kunz to limit the number of dogs at the facility to 30 and require the number of dogs to be reduced to that number within 60 days. Commissioner Romrell abstained from the voting as he is too close to the situation. Commissioner Rasmussen and Commissioner Kunz voted yes. Clerk Haddock will prepare a letter to be delivered to the kennel.

BILLS APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve all of the bills except Romrell Trucking. Commissioners Kunz and Romrell voted yes. Commissioner Rasmussen abstained from the voting as the company he works for has bills included. Commissioner Rasmussen stepped down as chair and made a motion seconded by Commissioner Kunz to approve all of the bills except Rocky Mountain Power. Commissioners Rasmussen and Kunz voted yes. Commissioner Romrell abstained from the voting as his company's bills were included.
(COPY OF WHICH IS AVAILABLE AT THE CLERK'S OFFICE)

BLACK BEAR MOUNTAIN ISSUES
Richard Nelson approached the Commissioners with concerns regarding the Black Bear Mountain Resort. The Commissioners pointed out that it would be inappropriate to discuss the issue at this time as the Planning and Zoning Commission was in the middle of a public hearing concerning the Resort. They explained the process and the need to follow the process to avoid legal complications.

MARK GIBBS
Mark Gibbs, candidate for the State Legislature in District 31, met with the Commissioners to introduce himself.

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

BEAR LAKE COUNTY

VAUGHN N. RASMUSSEN
Chairman of the Board

/s/ Kerry Haddock
KERRY HADDOCK
Clerk of the Board
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4/14/08 Commissioners Meeting Agenda:

9:00 A.M. AIRPORT HAY BID OPENING

9:05 A.M. DOUG TAYLOR - Bailey Creek Lots (Liens - Clear Title)

9:15 A.M. ELECTED OFFICIALS MEETING

9:30 A.M. DAVID COTTLE - Hook Canyon Pump Storage Project

9:45 A.M. " "

10:00 A.M. DAVID BABBIT - Presentation on Composting for Landfill

10:15 A.M. " "

10:30 A.M. " "

10:45 A.M. " "

11:00 A.M. BILL BARNES - National Children's Study - Endorsement Letter

11:15 A.M. DENISE O'FARRELL - Southeastern District Health Department- Alternate Care Sites & Regional Mutual Age Aid

11:30 A.M. " "

11:45 A.M. BARRY BERHOLM - Bear Lake Leadership Group

12:00 P.M./LUNCH EXECUTIVE SESSION - MEDICAL ASSISTANCE CLAIMS

1:00 P.M. AIRPORT GRANT APPLICATION

1:10 P.M. BIKE PATH AGREEMENT

1:15 P.M. MITCH POULSEN - Ordinance Changes: PUD, Subdivision, Land Use Plan - Rowland Variance

1:30 P.M. RICK THOMAS - Boundary Fence

1:45 P.M. ALEX HUDSON - Approval - Summit Phase, Reserve, Final Plat

2:00 P.M. BUILDING CODE AND INSPECTOR

2:15 P.M. Frosty Sage Kennel Permit

2:30 P.M. BRAD AUGER - Black Bear Resort

2:45 P.M. RICHARD NELSEN - Planning and Zoning Concerns

3:00 P.M. MARK GIBBS - State Legislature Candidate

UNFINISHED BUSINESS
Road & Bridge/Solid Waste Issues

Levy Override

Fair Ground Land for Emergency Services

NEW BUSINESS
Approve March's Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims

Homeland Security Grant

JABG Grant

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4/8/08 Public Notice:

Public Notice is hereby given that the Board of Bear Lake County Commissioners and Bear Lake County Employees will be meeting with representatives from the GEM Plan on Tuesday, April 8, 2008 at 6:00 P.M., at the Oregon Trail Center in the Auditorium, for the purpose of updating County Employees on the status of the GEM Plan (County's Major Medical Insurance) and to discuss and answer questions of current benefits and possible future benefits.

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