10/28/05 Animal Control Special Meeting Minutes:

The Board of Bear Lake County Commissioners held a special meeting on Friday, October 28, 2005 at 9:00 A.M., in the Commissioners Room of the Courthouse Annex in Paris, Idaho, as previously advertised to discuss revisions to the Bear Lake County Animal Control Ordinance #2000-1.

Board members present: Dwight L. Cochran, Chairman of the Board, Vaughn Rasmussmen, Conrad Michaelson and Colleen Kelsey, Deputy Clerk of the Board. Clerk Haddock was out of the County on business.

Others present at the meeting: Bill Stock, Paul Underwood, Mike Derricott, Rosa Moosman, Judy George and Gail Eborn.

Commissioner Michaelson read the proposed changes to the Bear Lake County Animal Control Ordinance No. 2000-1 as rewritten and presented by Attorney Helm. Review and discussion at length took place and various other revisions were made and will be made to the Land Use Ordinance.

Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to adopt the Bear Lake County Animal Control Ordinance No. 2006-01, as written. Motion was unanimous.

BEAR LAKE COUNTY ANIMAL CONTROL ORDINANCE

ORDINANCE NO. 2006-1

AN ORDINANCE PROVIDING FOR THE CONTROL OF DOGS IN UNINCORPORATED AREAS OF BEAR LAKE COUNTY; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR DOGS RUNNING AT LARGE; PROVIDING FOR PEACE AND QUIET OF NEIGHBORHOOD; DEFINITION OF VICIOUS DOG; PROVIDING KENNEL PERMITS; DECLARING AN EMERGENCY FOR ADOPTION AND PROVIDING AN EFFECTIVE DATE.

TO REPLACE ORDINANCE NO. 2000-1.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO:

SECTION 1 - Purpose

A. The purpose of this Ordinance is to control dogs within the unincorporated areas of Bear Lake County, Idaho.

B. To promote and protect health, safety, comfort, and general welfare of the public.

C. To protect domestic livestock properties in Bear Lake County.

D. To protect peace and quiet of neighborhood.

SECTION 2 - Severability

Should any section, subsection, paragraph, sentence or clause hereof, or any particular application thereof, is for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations, it being hereby expressly declared that this ordinance and each section, subjection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 3 - Definitions: (Reserved)

SECTION 4 - Dogs Running at Large

It is unlawful for the owner, keeper, or harborer of any dog to allow said animal to run at large within the unincorporated areas of the County of Bear Lake. Such animal shall be confined and restricted to the premises of the owner, keeper, or harborer and shall be allowed to go at large only in the company and control of its owner, keeper, or harborer.

SECTION 5 - Disturbing the Peace

It is unlawful for the owner, keeper, or harborer of any dog to allow such dog to disturb the peace and quiet of the neighborhood by barking or howling or habitually barking at or chasing moving vehicles upon the county roads and right of ways.

SECTION 6 - Vicious Dogs

A. It is unlawful for any person to keep a dog which habitually bites persons lawfully coming upon the premises of the person who harbors, keeps, or owns said dog.

B. A vicious dog is defined herein as any dog which demonstrates a propensity to bite or attack thereby causing reasonable fear or apprehension. The breed of dog commonly known as "pit bull" including a bloodline of one-eighth or more is defined herein as a vicious dog.

C. Any person harboring, keeping, or owning a vicious dog shall register the dog with the Bear Lake County Sheriff.

D. Any person harboring, keeping, or owning a vicious dog which has not bitten any person may continue to keep the dog
upon posting with the Bear Lake County Sheriff a liability insurance policy specifying not less than three hundred thousand ($300,000.00) liability for damages caused by the vicious dog and further endorsing the county as party to be notified in the event of cancellation.

E. Any animal imposing a immediate threat to any citizen of Bear Lake County, its personnel, or other animals in or out of the custody may be destroyed.

F. Any animal defined and identified under this section will be destroyed after 5 days of of impoundment excluding weekends and holidays.

SECTION 7 - Kennel Permit

A. Any person harboring, keeping, or owning more than five dogs for a period exceeding eight weeks shall obtain a kennel permit from Bear Lake County.

B. The County Commissioners, prior to granting a kennel permit, will conduct a hearing to determine whether or not a kennel permit shall be awarded to the applicant. All adjacent landowners within 300 feet of the applicant's property upon which the proposed kennel is to be located shall be notified by certified mail.

C. The granting of a kennel permit is in the total and absolute discretion of the County Commissioners.

SECTION 8 - Violation - Penalty

Any violation of this chapter by the owner, keeper, or harborer of said animal shall be deemed a misdemeanor and upon conviction thereof, said owner, keeper, or harborer shall be fined in the sum of not less that twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00) for each day in violation hereof and may be imprisoned for not more than six months. The violator shall pay for any and all costs associated with the keeping or harboring of animals by the County of Bear Lake or its agencies or the reasonable cost associated with the enforcement of this Ordinance.

SECTION 9 - Effective Date & Emergency

An emergency is declared for the general public safety and the reading of this Ordinance on three different days is hereby waived and this Ordinance shall be in full force and effect from and after its passage, approval, and publication.

Adopted and approved this 28th day of October, 2005.

BOARD OF BEAR LAKE COUNTY COMMISSIONERS

_____________________________________
Dwight Cochran, Chairman

_____________________________________
Conrad Michaelson

_____________________________________
Vaughn Rasmussen

ATTEST: _____________________________
Colleen Kelsey, Deputy Clerk

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

_____________________________________
DWIGHT L. COCHRAN, Chairman

ATTEST:______________________________
COLLEEN KELSEY, Deputy Clerk
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10/25/06 Public Lands Hearing Minutes:

The Board of Bear Lake County Commissioners met on Tuesday, October 25 at 7:00 P.M. in the Bear Lake County School Boardroom in Paris, Idaho to hold a public hearing and receive public input regarding access to public lands in Bear Lake County. Members of the Board present were Dwight L. Cochran, Chairman, Conrad E. Michaelson and Kerry Haddock, Clerk of the Board.

Others in attendance were Dennis Duehren, Rosa Moosman, Ron Jensen, John Findlay, Jerry Tueller, Dennis Tueller, Glenn Transtum, Judy Holbrook, Rock Holbrook, Richard Armatage, Ken Ratcliff, Linda Ratcliff, Lee Coombs, Judy Coombs, Norm Eastwood, Rex Skinner, Steph Wuthrich, Wayne Nye, Bob Betley, DougJohnson and Gary Mckee.

Commissioner Michaelson welcomed the public and explained the purpose of the meeting. Five committees were formed at a previous meeting to look at various areas of the County. Mr. Michaelson presented a list of additions and changes that the committees had prepared. He stated that he would like to have a route in the Bear River Range from the Utah border to Soda Springs. He also explained that there would be a cost to obtain right of ways on some of the roads.

The group divided into small groups to study the various maps that were available and give feedback.

Meeting adjourned

________________________________
DWIGHT L. COCHRAN, Chairman

ATTEST:________________________________
KERRY HADDOCK, Clerk
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10/11/05 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Tuesday, October 11, 2005, beginning at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present, Dwight L. Cochran, Chairman of the Board, Conrad E. Michaelson, Vaughn Rasmussen and Kerry Haddock, Clerk of the Board.

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

COUNTY WEB SITE
Steve Allred, who has been maintaining the County web site for free, informed the Council that he would not be able to do so. The County Clerk agreed to research doing the maintenance in house.

MINUTES APPROVED
Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to approve the minutes of September 6, 2005 and September 12, 2005 meetings with minor grammatical corrections. Motion was unanimous.

SEPTEMBER BILLS APPROVED
CURRENT EXPENSE $231,519.28
ROAD & BRIDGE 191,924.37
AMBULANCE 5,750.10
DISTRICT COURT 27,545.04
DISTRICT COURT BOND 127.50
FAIR 2,023.38
JUVENILE JUSTICE 11,035.54
COURTHOUSE CAPITAL 5,457.85
DISTRICT HEALTH 11,156.46
ROAD & BRIDGE CAPITAL 4,008.69
CHARITY 11,376.67
911 14,708.28
REVALUATION 12,043.02
SOLID WASTE 87,867.72
WEED CONTROL 30,289.92
SPECIAL BRIDGE 1,366.91
SNOWMOBILE 1,384.29
TORT 772.60
WATERWAYS 1,142.07
AIRPORT 716.30
TOTAL $652,216.09

ELECTED OFFICIALS MEETING
Clerk Haddock and Sheriff Bunn presented contracts for new computer software packages they had obtained from Computer, Arts which will significantly update the County's financial, recording, and law enforcement capabilities. Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to approve the Contracts. Motion was unanimous. Assessor Lewis presented further information on a proposed postage meter. He also presented a quote for some remodeling to be done on the Assessor and Treasurer's offices in the Courthouse. They would like to do this work in January. Prosecutor Helm also expressed a desire to upgrade his computer system. He will present details at a later time.

Ron Jensen joined the meeting.

WATERWAYS
Kirk Rich met with the Commissioners to report on Waterways. He reported that the North Beach Road was nearly complete. There were cost overruns and additional grant moneys were requested and granted to the County to cover one-half of these. He reported that the Waterways advisory committee had not had many reasons to meet for some time and questioned the need for the committee. He stated that we could wait until spring for a decision. Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to table the matter until a later date. Motion was unanimous.

SURVEY REQUIREMENTS OF BUILDING PERMITS
The Commissioners discussed the need for surveys for all building permits. Ron Jensen stated that it was not the intent of Planning and Zoning to require a survey for all building permits. Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to approve the recommendation of Planning and Zoning to strongly recommend a survey leaving mandatory surveys to the discretion of the Development Administrator with the right to appeal to the Commissioners. Motion was unanimous.

There was also discussion as to whether complete blue prints should be required for building permits and whether permits should be required for agricultural buildings.

Tracy Lawley, Judy George and George Lane joined the meeting.

GARBAGE BINS
Scott Hennings met with the Commissioners regarding the large roll off garbage bins. Hennings is currently hauling the bins for the County. He needs to buy new bins but needs a long-term commitment from the county to make the investment. The County needs to do some long-term planning before making a commitment.

AIRPORT GRANT RESOLUTION
Commissioner Michaelson read and made a motion to adopt Resolution No. 2006-1 to accept the Idaho matching grant monies for the Airport Project. Commissioner Rasmussen seconded the motion. Motion was unanimous.

COUNTY RESOLUTION #2006-01

EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE COUNTY COMMISSION OF THE COUNTY OF BEAR LAKE, IDAHO HELD ON OCTOBER 11, 2005.

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

RESOLTUION NO. 2006-01 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 $5,921.00 TO BE USED UNDER THE IDAHO AIPORT AID PROGRAM PROJECT NO. 3-16-0027-NPE5 or F058030 IN THE DEVELOPMENT OF THE BEAR LAKE AIRPORT; AND

Be it resolved by the Chairman and 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 $5,921.00, for the purpose of obtaining State Aid under Project No. 3-16-0027-NPE5, in the development of the Bear Lake Airport; and

Sec. 2. That the Chairman of the County Commission is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Part II - 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 Offer referred to herein be attached hereto and made a part thereof.

PASSED BY THE COMMISSION AND APPROVED BY THE CHAIRMAN THIS 11TH DAY OF OCTOBER 2005.

/s/ Dwight L. Cochran
DWIGHT L. COCHRAN, Chairman

ATTEST:

/s/ Kerry Haddock

KERRY HADDOCK, County Clerk

CERTIFICATE

I, KERRY HADDOCK, County Clerk do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2006-01 adopted at a regular meeting of the Commission held on the 11th day of October 2005 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 11th day of October 2005.

/s/ Kerry Haddock

KERRY HADDOCK, County Clerk

VEHICLE BIDS OPENED
Two bids were received for a new vehicle for the Sheriff's Department. The bids were $27,304 from Jensen Wood Motor and $27,562.10 from Tapper Cheverolet. Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to accept the lower bid of Jensen Wood Motors. Motion was unanimous.

ROAD AND BRIDGE ISSUES
Greg Skinner, Road and Bridge Supervisor, presented a computer service that will help manage road and equipment maintenance and planning. Commissioner Michaelson had also looked at the system and felt that it would be very useful. It would help in maintaining the County's five-year road plan, which is necessary to apply for grants. Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to contract for this service. Motion was unanimous. Mr. Skinner informed the Commissioners that Cascade Earth Science would be visiting the Landfill on Friday. He also said that he had inspected new roads at Bear Lake West and recommended a culvert and more work to bring up to County standards. Highway projects for a Local Highway Jurisdiction grant application were discussed. The most likely candidates were Minnetonka Road and the road from Dingle to Hot Springs. Commissioner Michaelson agreed to prepare the grant application.

Athena Reid and James Holman joined the meeting.

CLOUD SEEDING
Clerk Haddock presented a bill from the Franklin Soil and Water Conservation District for cloud seeding. After a short discussion regarding the value of cloud seeding the request was tabled for further review.

DAVID LUI CAMPGROUND
Athena Reid and James Holman met with the Commissioners regarding the David Lui Campground. Commissioner Michaelson explained that the County's Attorney had recommended that we remand the matter back to Planning Zoning for a public hearing and recommendation. Mr. Holman stated his opinion that the Commissioners could make a decision today considering only the original Planning and Zoning information or remand the issue back to Planning and Zoning to have an inspection of the property and consider this new evidence. Bill Stock stated that he would like the matter to come back to Planning and Zoning as new. After further discussion Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to remand the matter back to Planning and Zoning per the recommendations of Attorney Criss James. Motion was unanimous.

DISABLED VETERANS VAN
Ed Lyon presented a request for help by the Disabled American Veterans to obtain a van to transport Veterans to and from the VA Hospital. The van would originate in Montpelier and run through Soda Springs, Grace, Preston and the down to Salt Lake. Mr. Lyon agreed to try to fund the project with private donations.

MINERAL RIGHTS
George Lane approached the Commissioners to ask them to deed mineral rights to him on land that he owned. Commissioner Michaelson made a motion, seconded by Commissioner Rasmussen to Quit Claim the mineral rights to Mr. Lane. Motion was unanimous.

MEETINGS SCHEDULED
The Commissioners scheduled a public hearing regarding access to public lands for Tuesday, October 25. They also scheduled a meeting of County and City officials for November 16 and a meeting with County employees tentatively for November 30.

BUILDING PERMITS
Roy Bunderson approached the Commissioners regarding the enforcement of the building permit program. He expressed concern that we now have a voluntary compliance system and mentioned several examples. There was a discussion concerning the ordinance and enforcement. No decisions were made, as the item was not on the agenda.

EXECUTIVE SESSION
The Board voted unanimously to adjourn the regular meeting and to convene an executive session to discuss indigent cases and a personnel matter.

Following the executive session the Commissioners acted unanimously on the following indigent cases:

#2005-21 - Approved - Medically necessary, medically indigent, obligated county, last resource.
#2005-22 - Denied - Failed to cooperate with the County, discretionary income.
#2005-24 - Denied - Not medically indigent, discretionary income.
#2005-15 - Denied - Medicaid/Medicare Approved.
#2005-26 - Denied - Not indigent, no emergency exists, not the last resource, application is incomplete.
#2005-27 - Approved - Medically indigent, medically necessary, Last resource, obligated county.

Commissioners also approved payment for 3 deceased indigent persons burial - $1,200 each to Matthews Mortuary.

The Board voted unanimously to adjourn the executive session and to reconvene the regular session.

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

/s/ Dwight L. Cochran
DWIGHT L. COCHRAN, Chairman

ATTEST:/s/ Kerry Haddock
KERRY HADDOCK, Clerk
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10/11/05 Commissioners Meeting Notice:

9:00 A.M. JOHNNY SUTTON - Dust Guarding/Paving Request - Mill Canyon

9:15 A.M. ELECTED OFFICIALS MEETING

9:30 A.M. KIRK RICH - Waterways Business

9:45 A.M. LEONARD MATTHEWS - Deputy Coroner

10:00 A.M. CONRAD MICHAELSON - Survey Requirements of Building Permits

10:15 A.M. SCOTT HENNINGS/HENNINGS SALVAGE - County Hoppers

10:30 A.M. ROAD & BRIDGE - IWORQ PROGRAM

10:45 A.M. " "

11:00 A.M. ATHENA REID - David Lui Campground

11:15 A.M. ED LYON - Veteran's Proposal - Disabled American Veteran's Van Route

11:30 A.M. GEORGE LANE - Mineral Rights/Cattle Guard

11:45 A.M.

LUNCH

1:30 P.M.

1:45 P.M.

2:00 P.M.

OLD BUSINESS
Road & Bridge/Solid Waste Issues

NEW BUSINESS
Road & Bridge/Solid Waste Issues

Approve September Bills

Approve September 6, 2005 and September 12, 2005 Minutes

Sign ICRMP Renewal

Sign Computer Arts Contracts

Sign Airport Grant Resolution

Additional North Beach Road Grant

LHTAC Grant Application

District V Cloud Seeding Bill

Regional Solid Waste Meeting

Indigent Claims

County Web-Site Maintenance

Payroll Issues
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