6/25/07 Commissioners Special Meeting Minutes:

The Board of Bear Lake County Commissioners met in a special session on Monday, June 25, 2007 beginning at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members present were Vaughn Rasmussen, Chairman, Montain D. Kunz and Kerry Haddock, Clerk of the Board.

Lynn Lewis, Assessor, Lori Stafford, Appraiser, and Bill Stock also attended the meeting.

BOARD OF EQUALIZATION
Commissioner Kunz made a motion seconded by Commissioner Rasmussen to convene as a Board of Equalization as required by Idaho Code 63-501. Both Commissioners present voted yes.

Leon Howell appeared before the Board to appeal and present evidence regarding the value of parcel 5802.00.

The Commissioners reviewed other appeals that had been received, but made no decisions at this time. A letter will be sent to those not appearing to make sure that they understand their right to appear and present evidence. The Board of Equalization will meet again on July 9, 2007 to complete the equalization process.

Commissioner Kunz made a motion to adjourn as a Board of Equalization and convene as a Board of County Commissioners. Both Commissioners present voted yes.

BUDGET DISCUSSIONS
The following officials met with the Commissioners to present and discuss their department's budgets:

Greg Skinner - Road and Bridge and Solid Waste.
Brent Bunn - Sheriff and 911.

Several individuals, including local Realtors, Title Company Officials and other interested citizens joined the meeting.

PLANNING AND ZONING ORDINANCES
Judy George, Ron Jensen and Mitch Poulsen met with the Commissioners and presented final drafts of the proposed new Subdivision Ordinance and the Large Scale Planned Unit Development Ordinance, both of which had been reviewed by Attorney Ardee Helm. After a short discussion Commissioner Kunz made a motion seconded by Commissioner Rasmussen to adopt Bear Lake County Ordinance 2007-01 known as the Bear Lake Subdivision Ordinance. Both Commissioners present voted yes.

ORDINANCE NO. 2007-01
BEAR LAKE COUNTY SUBDIVISION ORDINANCE

AN ORDINANCE OF THE COUNTY OF BEAR LAKE, IDAHO, PROVIDING SUBDIVISION REGULATIONS; GENERAL PROVISIONS; DEFINITIONS; PROCEDURES FOR SUBDIVISION APPROVAL; DEVELOPMENT AND DESIGN; VACATIONS AND DEDICATIONS; CONDOMINIUM PLATTING PROCEDURES; TOWNHOUSE PLATTING PROCEDURES; MOBILE HOME SUBDIVISIONS; PLANNED UNIT DEVELOPMENTS (PUDS); PHASED DEVELOPMENT PROJECTS; IMPACT STATEMENT; WAIVER AND APPEAL PROCEDURES; FEES AND COSTS; TIME PERIODS FOR APPROVAL; ENFORCEMENT, VIOLATIONS AND PENALTIES; AFFIRMING THAT PRESCRIBED NOTICE AND HEARING REQUIREMENTS WERE MET IN ACCORDANCE WITH TITLE 67, CHAPTER 65, IDAHO CODE; REPEALING ORDINANCE NO. 76-2 AND ALL OTHER ORDINANCES IN CONFLICT THEREOF; PROVIDING FOR SEVERABILITY; AND ADOPTING AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, after sending mailings, holding public workshops and public hearings, and providing legal notice, all according to law; and

WHEREAS, the Bear Lake County Commissioners hereby find that the proposed 2007 Subdivision Ordinance complies with all provisions of the Idaho Code; and

NOW, THEREFORE BE IT ORDAINED BY THE BEAR LAKE COUNTY COMMISSIONERS THAT Ordinance No. 2007-01, is hereby adopted by the Bear Lake County Commissioners on June 25, 2007, and is as follows:

Section 1: Repeals Ordinance 76-2 and any amendments and all other ordinances in conflict thereof.

Section 2: Enacts this Ordinance, to be known as the Subdivision Ordinance, hereby attached as Exhibit A, of Bear Lake County, which contains the following sections:

General Provisions
Definitions
Procedures for Subdivision Approval
Development and Design
Vacations and Dedications
Condominiums
Townhouses
Mobile Home Subdivisions
Planned Unit Developments (PUDs)
Phased Development Projects
Impact Statement
Waiver and Appeal
Fees and Costs
Time Periods for Approval
Enforcement, Violations and Penalties

Section 3: Severability: in the event that any court of competent jurisdiction enters its judgment or order declaring any portion of this ordinance to be invalid, then such judgment shall only affect that portion of the ordinance so adjudicated; all other remaining portions of this ordinance shall remain in full force and effect.

Section 4: This ordinance shall be in full force and become effective upon publication.

The full text of Ordinance No. 2007-01 is available for public inspection during normal office hours at the office of the Bear Lake County Planning and Zoning Administrator.

Adopted by the Bear Lake County Commissioners of Bear Lake County, Idaho this 25th day of June, 2007.

(See Ordinance Book for complete Subdivision Ordinance)

Commissioner Kunz made a motion seconded by Commissioner Rasmussen to adopt Bear Lake Ordinance 2007-02 known as the Bear Lake County Large Scale Planned Unit Development Ordinance. Both Commissioners present voted yes.

ORDINANCE NO. 2007-02
LARGE SCALE PLANNED UNIT DEVELOPMENT

AN ORDINANCE OF THE COUNTY OF BEAR LAKE, IDAHO, PROVIDING LARGE SCALE PLANNED UNIT DEVELOPMENT REGULATIONS; AUTHORITY AND PURPOSE, DEFINITIONS, APPLICABLE REGULATIONS, PLANNED UNIT DEVELOPMENT ZONE AND PERMIT REQUIRED, APPLICATION AND INFORMATION, STANDARDS, PREAPPLICATION CONFERENCE, ADMINISTRATIVE REVIEW, PLANNING AND ZONING COMMISSION ACTION, BOARD ACTION, CONDITIONS OF APPROVAL, CHANGES IN DEVELOPMENT PLAN, DESIGN REVIEW, APPEALS, PRELIMINARY AND FINAL PLAT APPROVALS, TIME LIMITATIONS, BONDING REQUIREMENTS, CRIMINAL VIOLATION AND PENALTY, AND CIVIL ENFORCEMENT; AFFIRMING THAT PRESCRIBED NOTICE AND HEARING REQUIREMENTS WERE MET IN ACCORDANCE WITH TITLE 67, CHAPTER 65, IDAHO CODE; PROVIDING FOR SEVERABILITY; AND ADOPTING AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, after sending mailings, holding public workshops and public hearings, and providing legal notice, all according to law; and

WHEREAS, the Bear Lake County Commissioners hereby find that the proposed 2007 Planned Unit Development Ordinance complies with all provisions of the Idaho Code; and

NOW, THEREFORE BE IT ORDAINED BY THE BEAR LAKE COUNTY COMMISSIONERS THAT Ordinance No. 2007-02, is hereby adopted by the Bear Lake County Commissioners on June 25, 2007, and is as follows:

Section 1: Enacts this Ordinance, to be known as the Large Scale Planned Unit Development Ordinance, hereby attached as Exhibit A, of Bear Lake County, which contains the following chapters:

Authority and Purpose
Definitions
Applicable Regulations
Planned Unit Development Zone and Permit Required
Application and Information
Standards
Preapplication Conference
Administrative Review
Planning and Zoning Commission Action
Board Action
Conditions of Approval
Changes in Development Plan
Design Review
Appeals
Preliminary and Final Plat Approvals
Time Limitations
Bonding Requirements
Criminal Violation and Penalty and Civil Enforcement

Section 2: Severability: in the event that any court of competent jurisdiction enters its judgment or order declaring any portion of this ordinance to be invalid, then such judgment shall only affect that portion of the ordinance so adjudicated; all other remaining portions of this ordinance shall remain in full force and effect.

Section 3: This ordinance shall be in full force and become effective upon publication.

The full text of Ordinance No. 2007-02 is available for public inspection during normal office hours at the office of the Bear Lake County Planning and Zoning Administrator.

Adopted by the Bear Lake County Commissioners of Bear Lake County, Idaho, this 25th day of June, 2007.

(See Ordinance Book for complete Large Scale Planned Unit Development Ordinance)

New Planning and Zoning members and Planning and Zoning fee increases will be put on the agenda for the July 9th meeting and a July 19th public hearing will be advertised to discuss the fee increases.

Meeting adjourned.

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6/21/07 Commissioners Special Meeting Minutes:

The Board of Bear Lake County Commissioners met in a special session on June 21, 2007 beginning at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present were Vaughn Rasmussen, Chairman, Dwight L. Cochran, Montain D. Kunz and Kerry Haddock, Clerk of the Board.

The purpose of the meeting was to hold budget discussions with various elected officials and department heads. The following officials met with the Commissioners to present budget proposals and answer questions:

Rodney Wallentine - Treasurer
Ardee Helm - Prosecuting Attorney
Leonard Mathews - Coroner
Lynn Lewis - Assessor and Revaluation
Kirk Rich - Snowmobile
Alan Eborn - Waterways and Emergency Management
Max Bunderson - Fair
Todd Transtrum - Weed
Ron Harper - Adult and Juvenile Probation
Kerry Haddock - Clerk, Courthouse, District Court, Elections, Indigent, Junior College, and Tort.

Meeting adjourned.
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6/11/07 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, June 11, 2007 beginning at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present were Vaughn Rasmussen, Chairman, Dwight L. Cochran, Montain D. Kunz and Kerry Haddock, Clerk of the Board.

Ardee Helm, Prosecuting Attorney, Rodney Wallentine, Treasurer, Lynn Lewis, Assessor, Brent Bunn, Sheriff, Greg Skinner, Road and Bridge Supervisor, Rosa Moosman, Editor of the News-Examiner, Bill Stock, Roy Bunderson and Dennis Duehren also attended the meeting.

FOREST SERVICE ISSUES
Dennis Duehren from the U. S. Forest Service met with the Commissioners to report that the Forest Service was selling two pieces of property in Paris. He also reported that they had recently signed a 10 year lease with the Oregon Trail Center for office space and planned to keep their office in Montpelier. Mr. Duerhen also expressed concern regarding a road in Wood Canyon. The owner had removed a culvert and taking this road out of service would limit public access to the Forest.

ELECTED OFFICIALS MEETING
Treasurer Wallentine presented a tax cancellation. Commissioner Cochran made a motion seconded by Commissioner Kunz to cancel the taxes. Motion was unanimous. He also presented a tax deeded property in Montpelier which needs to be sold and was decided to sell in a public auction. Sheriff Bunn presented his monthly report. Prisoner count was down some. There were lots of calls for cattle on roads. Prosecuting Attorney Ardee Helm told the Commissioners that he wanted to start a drug court in the County. Caribou County had reported success with theirs and larger Counties around the state had considerable success. This could save money and influence some lives.

ROAD RELOCATION
Commissioner Kunz reported that he had met with Stuart Crane regarding a road he wanted relocated. Commissioner Kunz stated that there wouldn't be much benefit to the County and the relocation would be costly. The Commissioners decided to table the matter.

ROAD AND BRIDGE ISSUES
Greg Skinner reported that an agreement to supply gravel to the Bird Refuge was exhausting the County's supply of gravel. The Commissioners will check the past minutes and see if there is an agreement between the County and the Bird Refuge.

COUNTY FINANCIAL SITUATION
Clerk Haddock presented information to the Commissioners regarding the financial performance of the County over the past several years. The County has been running large deficits for several years resulting in a significant decrease in fund balances. Road and Bridge accounted for the majority of the deficits. State and Federal funding which is the major source of funds for the Road and Bridge Department were increasing less than 1% per year while fuel, paving materials and employee insurance cost benefits were increasing significantly. Possible solutions discussed were property tax overrides or the formation of a Highway District. Both would require a majority vote of the taxpayers. The Commissioners decided to hold a public hearing to better inform the public and hear concerns.

Allen Lloyd, Bob Betley, Richard Armatage and Jim Lane joined the meeting in progress.

GARBAGE DUE TO ELK HOLLOW ACCESS
Jim Lane, representing the Bear Lake West Home Owners Association, met with the Commissioners regarding the access road to Elk Hollow and the garbage problem it was creating. Utah residents are dumping garbage in Bear Lake West dumpsters. The Rich County Commissioners had agreed several years ago to provide access to Elk Hollow through Utah. Mr. Lane also stated that there were now 311 homes in the Bear Lake West Home Owners Association and the current garbage location didn't have room for enough dumpsters to handle the garbage being generated. He proposed moving the dumpsters to a new location with more room.

LANDFILL FEES
Greg Skinner presented statistics on the weight of garbage going to the landfill. They showed that we were well below the 20 ton per day limit to maintain our small landfill designation. He also discussed the daily dumping fees stating that our fees were considerably lower than surrounding Counties resulting in non residents using our landfill. He suggested raising our fees to meet surrounding Counties.

SENIOR CITIZENS
Allen Lloyd again approached the Commissioners regarding a used vehicle for the Senior Citizens Center. The Commissioners agreed to give one of the old Blazers if one is adequate for their needs

MINUTES APPROVED
Commissioner Kunz made a motion seconded by Commissioner Cochran to approve the minutes of the May 14, 2007 regular meeting and the May 30, 2007 special meeting. Motion was unanimous.

LOVELAND LANE
Steve Howard met with the Commissioners regarding the condition of Loveland Lane. Greg Skinner, Road Supervisor stated that the road was not built to handle the amount and type of traffic now using the road. Mr. Skinner and Commissioner Kunz will look at the road to see what can be done. There was also discussion of Mountain Way and other roads in the area.

FAIRBOARD MEMBERS
The Fairboard requested the appointment of three new members. After a short discussion Commissioner Cochran made a motion seconded by Commissioner Kunz to appoint Todd Matthews, Cory Doolin and Glen Gilles to the Fairboard. Motion was unanimous.

PLANNING AND ZONING - LONGFELLOW REZONE
Judy George reported on Planning and Zoning hearings. The Planning and Zoning Commission held a public hearing regarding a request of David Longfellow to rezone 1 acre of land at 101 North Beach Road from agricultural to commercial. After the hearing they voted to recommend to the County Commissioners to approve the rezoning change subject to conditions. Commissioner Kunz made a motion seconded by Commissioner Cochran to rezone the property subject to the conditions set down by Planning and Zoning. Motion was unanimous.

PLANNING AND ZONING - NEW ORDINANCES
Judy George presented copies of a new proposed subdivision ordinance and a proposed large scale planned unit development ordinance. Public hearings on both ordinances had been held on May 24, 2007. Following the public hearings the Planning and Zoning Commission voted to recommend the adoption of both ordinances. Mrs. George explained some the details of the ordinances to the Commissioners. It was decided to wait until the June 25th meeting to adopt the ordinances so a preamble could be written and be approved by the Prosecuting Attorney.

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

Following the executive session Commissioner Kunz made a motion seconded by Commissioner Cochran to act on the following indigent cases:

#2007-15 - Denied - Not medically indigent - ability to pay within 5 years; Not last resource.
#2007-16 - Denied - Not last resource.
#2007-17 - Not last resource; Not indigent.
#2007-18 - Not medically indigent; Not last resource - ability to pay within 5 years.

FISH HAVEN MOSQUITO ABATEMENT DISTRICT BOARD
Five individuals had expressed interest in serving on the Board of the newly created Fish Haven Mosquito Abatement District. Following a short discussion of the applicants Commissioner Kunz made a motion seconded by Commissioner Cochran to appoint Jan Kearl and Larry Loveland to 4 year terms, Kevin Seigelbaum to a 3 year term and Harry Michaelson and Mary Jo Eldredge to 2 year terms. Motion was unanimous.

BILLS APPROVED

REPORT GRAND TOTAL . . . . . 476,711.72 328

Meeting adjourned subject to recall.

__________________________________
VAUGHN N. RASMUSSEN, Chairman

ATTEST:_______________________________

KERRY HADDOCK, Clerk

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6/11/07 Commissioners Meeting Notice:

9:00 A.M. Forest Service – Dennis Duehren – Selling Paris City Property

9:15 A.M. ELECTED OFFICIALS MEETING

9:30 A.M. Committee Assignment Reports

9:45 A.M. Budget & County Financial Situation

10:00 A.M. BLWHOA – Jim Lane – Garbage, Access Road to Elk Hollow

10:15 A.M. Land Fill Fees

10:30 A.M. Griff Lloyd – Senior Citizens

10:45 A.M.

11:00 A.M. BLWHOA – Bill Curtis – Resurfacing of Loveland Lane/Access Road between Plat “A” & Plat “C”

11:15 A.M.

11:30 A.M. Judy George – Recommendations from P & Z – Longfellow rezone/Subd. Ordinance/Large Scale PUD

11:45 A.M.

LUNCH

1:30 P.M. Fish Haven Mosquito Abatement Board

1:45 P.M.

2:00 P.M.

UNFINISHED BUSINESS

Sign Bear Lake County/Rich County Transit Agreement

NEW BUSINESS
Approve May’s Bills/Minutes

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