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1/20/11 Four County Public Meeting Notice:
The County Commissioners of Bear Lake, Caribou, Franklin and Oneida Counties will meet at 10:00 A.M. at the Oneida Road and Bridge shop in Malad on Thursday, January 20, 2011.
AGENDA ITEMS:
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1/19/11 Planning & Zoning Public Hearing Notice:
The Planning and Zoning Commission will be having a two public hearings on January 19th. These attached documents are related to the Family Lot Split and the amendment to the Land Use Ordinance, if public members wish to review them:
In the Ag 40 zone, a family lot split is provided for as follows. The purpose of the family lot split is to allow property splits below zone requirements within the Ag40 zone for the construction of a dwelling unit for family members. The lot split procedure cannot evade the County's subdivision requirements through the use of multiple lot splits. Further, the process is not meant to create additional substandard lots for the purpose of construction of dwelling unit(s) at some distant and/or obscure point in time. The grandfathered substandard lot exception provided for in the land use ordinance shall remain as dated.
Section 7 Manufactured Housing Placement Standards:
Sections 7A-E shall apply to the use and placement of all manufactured
housing outside of mobile home parks:
A. The manufactured housing unit must be certified as meeting the National Manufactured Home Construction and Safety Standards as administered by the U.S. Dept. of Housing and Urban Development, and built after June 15, 1976.
B. The manufactured home shall be multisectional
(doublewide) and at least twenty feet wide at the narrowest point,
with a minimum of five hundred square feet per section (total
square footage minimum equal to 1,000 square feet).
The manufactured home shall be multisectional and enclose a space
of not less than one thousand (1,000) square feet.
C. It shall be placed on an excavated and backfilled foundation.
D. It shall have an exterior siding and roofing
which in color, material and appearance is similar to the exterior
siding and roofing material commonly used on residential dwellings
within the community or which is comparable to the predominant
materials used on surrounding dwellings as determined by the Commission
or designated representative.
E. It shall have a pitched roof with a minimum of three (3) feet
in height for each twelve (12) feet in width.
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1/10/11 Commissioners Meeting Minutes:
The Board of Bear Lake County Commissioners met in regular session on Monday, January 10, 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, Lynn Lewis, Assessor, Trisha Poulsen, Treasurer, Roger Jones, Prosecutor, Rosa Moosman, Editor of the News-Examiner, Bill Stock, Dennis Turner, VerJean Turner, Greg Skinner, Richard Armatage, Bill Pettis and Roy Bunderson also attended the meeting.
AGENDA
Dingle Subdivision, Transportation meeting discussion and Sheriff's
vehicle were added to the agenda. Commissioner Kunz made a motion
seconded by Commissioner Romrell to approve the agenda as revised.
Motion carried.
OATH OF OFFICE
Commissioner Kunz, the holdover Commissioner, administered the
Oath of Office to recently elected officials Commissioners Rasmussen
and Romrell, Clerk Haddock, Assessor Lewis and Treasurer Trisha
Poulsen.
CHAIRMAN CHOSEN
Commissioner Romrell made a motion seconded by Commissioner Kunz
to retain Commissioner Rasmussen as Commission Chairman. Motion
carried.
ELECTED OFFICIALS MEETING
Assessor Lynn Lewis updated the Commissioners on the State Tax
Commission's talks of discontinuing software support for the Counties.
Sheriff Bunn presented his monthly and yearly reports. He noted
that prisoner drug costs were down and that the new officer was
doing well.
SMITH-HILL SUBDIVISION ROAD
Smith-Hill developers and Engineer Tim Swensen met with the Commissioners
to ask the County to take over maintenance of a road in the Subdivision.
Greg Skinner stated that the culverts were too small and not
to County standards. Mr. Swensen explained how the drainage will
work and stated that the retention ponds would require ongoing
maintenance. The Commissioners will inspect the road with the
County Engineer in the spring when snow melts.
BLACK BEAR RESORT
Bill Pettis asked the Board not to approve the final plat extension
for Black Bear Resort. He stated that they still owe money locally
and are behind on property taxes. He also stated that the Department
of Water Resources had not ruled on their water application.
KELLER & ASSOCIATES - RESOLUTION #2011-02
Don Carnahan, Keller & Associates, presented a grant application
that he had prepared for road improvements on the Dingle Hot Springs
road. He also had a Resolution and letter of support for the
project for the Commissioners to sign. Commissioner Romrell made
a motion seconded by Commissioner Kunz to approve Resolution #2011-02
in support of the project. Motion carried. Commissioner Kunz
made a motion seconded by Commissioner Romrell to sign the letter.
Motion carried.
BEAR LAKE COUNTY
RESOLUTION 2011-02
EXTRACT FROM THE MINUTES OF A REGULAR MEETING
OF THE BOARD OF
COUNTY COMMISSIONERS
OF BEAR LAKE COUNTY, IDAHO
HELD ON JANUARY 10, 2011
The following Resolution was read in full by Kerry Haddock, Clerk, considered and adopted:
RESOLUTION NO. 2011-02 OF THE COUNTY OF BEAR LAKE, IDAHO, SUPPORTING THE PROJECT IDENTIFICATION SUBMITTAL FOR THE CONSTRUCTION OF THE DINGLE EAST SHORE ROAD IMPROVEMENTS TO THE LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL, (LHTAC). TOTAL PROJECT COST ESTIMATE IS $2,500,000, WHICH WILL INCLUDE $183,500 OF LOCAL MATCHING FUNDS AVAILABLE FROM BEAR LAKE COUNTY. BE IT RESOLVED THAT THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS IS HEREBY AUTHORIZED AND DIRECTED TO SIGN THE PROJECT IDENTIFICATION PACKET AND SUBMIT TO LHTAC FOR PRIORITIZATION.
PASSED BY THE BOARD OF COUNTY COMMISSIONERS AND APPROVED THIS 10TH DAY OF JANUARY, 2011.
__________________________________________
Chairman of the Commission
ATTEST:
_______________________________________, Clerk
CERTIFICATE
I, __________________________, ________________________________, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 2011-02 adopted at a regular meeting of the Bear Lake County Commissioners held on the 10th day of January, 2011, 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 Bear Lake County, this 10th day of January, 2011.
________________________ ____
SIGNATURE
_______________________ , Clerk
NAME
TAX CANCELLATION
Treasurer Trisha Poulsen presented a tax cancellation. Commissioner
Kunz made a motion seconded by Commissioner Romrell to approve
the cancellation. Motion carried.
BILLS APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz
to approve the current bills. Motion carried.
REPORT GRAND TOTAL . . . . TOTAL WARRANTS
. . . . . 258,485.49 169
TOTAL VOID/CANCEL . . . . . 4,209.95 * * TOTAL VOIDED/CANCEL
FOR THE PERIOD SELECTED * *
NET WARRANTS . . . . . 254,275.54
EXCESS PROPERTY
The Commissioners considered a County owned property parcel on
North Eighth Street. The property was deeded to the County several
years ago with the intent of being a site for a new ambulance
shed. When the new ambulance shed was built on another County
property this lot became excess property and available to be sold
for the benefit of the Hospital. Commissioner Romrell made a
motion seconded by Commissioner Kunz to advertise the property
for sale with a minimum bid of $30,000. Motion carried.
UPDATED BUILDING ORDINANCE
Wayne Davidson presented an Ordinance adopting the 2009 International
Building Code. This would replace the 2006 Building Codes as
adopted by the County with Ordinance 2008-1. Commissioner Kunz
made a motion seconded by Commissioner Romrell to adopt Ordinance
2011-01 adopting the 2009 codes. Motion carried.
BEAR LAKE COUNTY
ORDINANCE NO. 2011-01
AN ORDINANCE OF BEAR LAKE COUNTY ADOPTING THE 2009 EDITION OF
THE INTERNATIONAL BUILDING CODE; REGULATING THE ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION,
CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE
OF ALL BUILDINGS OR STRUCTURES IN THE UNINCORPORATED AREA OF BEAR
LAKE COUNTY; ADOPTING THE 2009 INTERNATIONAL RESIDENTIAL CODE
AS IT APPLIES TO DETACHED ONE AND TWO FAMILY DWELLINGS AND TOWNHOUSES;
ADOPTING THE INTERNATIONAL MECHANICAL AND FUEL GAS CODES 2009
EDITIONS; ADOPTING THE INTERNATIONAL ENERGY CONSERVATION CODE,
2009 EDITION; PROVIDING FOR MANUFACTURED HOMES TO BE INSTALLED
UNDER TITLE 44 CHAPTER 22 OF IDAHO CODE; PROVIDING FOR THE ISSUANCE
OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING FOR PENALTIES
FOR THE VIOLATION THEREOF; REPEALING BEAR LAKE COUNTY ORDINANCE
NO 2008-1, ALONG WITH ANY AND ALL OTHER ORDINANCES AND PARTS OF
THE ORDINANCES IN CONFLICT THEREWITH.
THE BOARD OF COMMISSIONERS OF BEAR LAKE COUNTY DO ORDAIN AS FOLLOWS:
Section 1. ADOPTION OF THE 2009 INTERNATIONAL
BUILDING CODES:
That certain documents, three (3) copies of which are on file
and are open for inspection to the public, one (1) in the Office
of the Clerk of Bear Lake County and two (2) in the Office of
the Bear Lake County Building Official, being marked and designated
as the following:
The 2009 edition of the International Building Code (IBC), promulgated
by the International Code Council, and amendments adopted under
these rules together with standards incorporated into the IBC
by reference, including but not limited to, the 2009 edition of
the International Residential Code (IRC) and the 2009 edition
of the International Energy Conservation Code (IECC) and the 2009
edition of the International Mechanical Code (IMC) and the 2009
edition of the International Fuel Gas Code (IFGC) as promulgated
by the International Code Council; save and except such portions
of the above mentioned codes as are deleted, modified or amended
by provisions of this ordinance.
Shall be and the same are hereby adopted as the code of Bear Lake
County for regulating the erection, construction, enlargement,
alteration, repair, moving, removal, demolition, conversion, occupancy,
equipment, use, height, area and maintenance of all buildings
or structures in Bear Lake County providing for issuance of permits
and collection of fees therefore; and each and all of the regulations,
provisions, conditions and terms of such International Building
Code, 2009 edition published by the International Code Council,
and the secondary publications references above, all of which
are on file in the office of the Bear Lake County Clerk or Building
Official are hereby referred to, adopted and made a part hereof
as if fully set out in this ordinance.
Section 2. DELETIONS, MODIFICATIONS OR AMENDMENTS:
All 2009 ICC Codes;
A. Insert Bear Lake County wherever [NAME OF JURISDICTION] is
present.
B. All fees shall be established by the applicable governing authority
under separate Ordinance or Resolution, with not more than 80%
of paid fee's to be refunded, if authorized by the Building Official
as allowed by code.
2009 International Building Code;
A. Any reference to Sections 101.4 concerning Electrical and 101.4.3
Plumbing shall be deleted, thus solely regulated under the State
of Idaho IC 54-1001 and IC 54-2601.
B. Amend Section 903.2.8 by adding the following exception:
Exception: Automatic sprinkler systems are not required in
4-unit or less Group R buildings
C. Amend Section 3412.2 inserting June 9, 2008.
D. All Appendices of the International Building Code, 2009 Edition,
are hereby deleted.
2009 International Residential Code;
A. Delete Section R105.2.7 and replace with the following:
7. Prefabricated swimming pools that are less than 48 inches (1220mm)
deep.
B. Delete Section R109.1.3 and replace with the following:
Flood plain inspections. For construction in areas prone to flooding
as established by Table R301.2(1), upon placement of the lowest
floor, including basement, the building official is authorized
to require submission of documentation of the elevation of the
lowest floor, including basement, required in section R322.
C. Table R301.2(1) shall be amended to read as follows:
Ground Snow Load = 45 lbs/ft Wind Speed = 90, Seismic Design
Category = D1, Weathering = Severe, Frost Depth = 32", Termite
= Slight/Moderate, Decay = None/Slight, Winter Design Temp = -4
Ice Shield = Yes, Flood Hazards = FIRM 160018 10/17/79, Air Freezing
Index = 2000, Mean Annual Temp = 45º F.
D. Table R302.1 Exterior Walls delete the figures contained in
the last column of the table under the heading Minimum Fire Separation
Distance, and replace with the following: Minimum Fire Separation
Distance: (fire-resistance rated) < Three (3) Feet; Walls
(not fire-resistance rated) ? Three (3) Feet; Projections (fire-resistance
rated) < Three (3) Feet; Projections (not fire-resistance rated)
? Three (3) Feet
E. The exception to Section R302.2 is deleted and replace with
the following:
Exception: A common one-hour or two-hour fire resistance rated
wall assembly tested in accordance with ASTM E 119 or UL 263 is
permitted for townhouses if such walls do not contain plumbing
or mechanical equipment, ducts or vents in the cavity of the common
wall. The wall shall be rated for fire exposure from both sides
and shall extend to and be tight against the exterior walls and
the underside of the roof sheathing. Penetrations of electrical
outlet boxes shall be in accordance with section R302.4.
F. The exception to Section R313.1 is deleted and replaced with
the following:
Exception: Automatic residential fire sprinkler systems shall
not be required in townhouses where a two-hour fire-resistance
rated wall is installed between dwelling units or when additions
or alterations are made to existing townhouses that do not have
an automatic residential fire sprinkler system installed.
G. Delete Section R313.2
H. Delete IRC section R322.1.10
I. Delete Section R322.2.2 paragraph 2.2, and replace with the
following:
2.2 The total net area of all openings shall be at least one
(1) square inch (645 mm2) for each square foot (0.093 m2) of enclosed
area, or the opening shall be designed and the construction
documents shall include a statement that the design and installation
of the openings will provide for equalization of hydrostatic flood
forces on exterior walls by allowing the automatic entry and exit
of floodwaters.
J. All electrical and plumbing requirements of Chapters 25 through
42 shall be deleted, thus solely regulated under the State of
Idaho IC 54-1001 and IC 54-2601.
K. All Appendices of the International Residential Code, 2009
Edition, are hereby deleted.
Section 3. INSTALLATION OF MANUFACTURED HOMES: Manufactured Homes as defined by Idaho state Law and inspected by The Department of Housing and Urban Development (HUD), shall not be subject to the enforcement provisions of the aforesaid Building Codes, but shall be regulated and inspected as prescribed in Title 44, Chapter 22 of the Idaho Code. The owner, or an agent of the owner, must apply for and receive, an Installation Permit prior to placing any Manufactured Home on their property. All additions or alterations to any Manufactured Home must comply with all Building Code requirements. The Building Official or appointed representative is hereby authorized to permit, inspect and collect fees, as established by the governing body, for Manufactured Homes placed in Bear Lake County. Mobile or Manufactured Homes not bearing a HUD certification label shall not be allowed except as provided for by Title 44 Chapter 25 of Idaho Code.
Section 4. EXEMPTIONS: Agricultural buildings, as defined by Section 202 of the 2009 International Building Code, are exempt from building permits adopted herein but shall remain subject to placement requirements established by Bear Lake County Zoning regulations.
Section 5. PENALTIES: Violation of the provisions of this ordinance shall constitute a misdemeanor, punishable by fine of not more than $1,000.00, or by imprisonment not to exceed six months, or by both fine and imprisonment. Each day such violation continues it shall be considered a separate offense.
Section 6. REPEAL OF OTHER ORDINANCES / SAVINGS CLAUSE: Bear Lake County Ordinance No.2008-1 entitled 'Ordinance for adoption of the 2006 Edition of the International Building Code' and all other ordinances or parts of ordinances in conflict herewith, are hereby repealed. All sections of the aforementioned Ordinances repealed by this Ordinance shall remain in force as to the authorization and enforcement of said Ordinances prior to the effective date of this Ordinance.
Section 7. SEVERABILITY: That if any section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Bear Lake County Board of Commissioners hereby declares that it would have passed this ordinance, and each section clause or phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses and phrases be declared unconstitutional.
Section 8. REFERENCE: Whenever "the governing body" or "local jurisdiction" is referred to in this Ordinance, or adopted codes, it shall be deemed to be referring to Bear Lake County, a political subdivision of the State of Idaho.
Section 9. BUILDING OFFICIAL: Whenever the term "authorized building official" or "building official" is referred to in the codes adopted by this Ordinance, such reference and designation shall be deemed to refer to and describe the "building official" of Bear Lake County, a political subdivision of the State of Idaho.
Section 10. EFFECTIVE DATE: That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect upon its due publication as provided by law, an emergency existing therefore.
PASSED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF BEAR LAKE COUNTY this 10th day of January, 2011.
BOARD OF COUNTY COMMISSIONERS, BEAR LAKE COUNTY,
IDAHO:
________________________________
Vaughn N. Rasmussen, Chairman
________________________________
Montain D. Kunz, Commissioner
________________________________
DeMar Romrell, Commissioner
Attested:
_____________________________
Kerry Haddock, Clerk
ECONOMIC UPDATE
Roy Bunderson and Dillon Rich gave an update of economic activity
in the Bloomington area. He summarized the activity of Stonegate
Agricom in the Bloomington Hills noting their financial input
into the local economy. Mr. Bunderson also encouraged the Commissioners
to approve the Black Bear Resort extension of time for their final
plat.
BLM LAND SALES
Dave Pacioretty and Blaine Newman presented information on the
Bureau of Land Management public land sale. They were considering
the sale of 26 isolated parcels of public land in Bear Lake County.
They provided a map showing the parcels and invited the commissioners
to an upcoming public meeting.
COURTHOUSE UPDATE
Wayne Davidson updated the Commissioners on possible courthouse
improvements. The most feasible alternative would be a 2 story
annex with an elevator providing access to the existing Courtroom.
Other alternatives and methods of financing the project were
discussed. Mr. Davidson will explore possible grants or other
available funding.
DRUG COURT
District Judge Brown and Prosecuting Attorney Roger Jones discussed
the value of the Drug Court in Caribou County. Bear Lake had
several participants in the Caribou Court. The Judge asked the
Commissioners for financial support for the Bear Lake participants.
State funding for the program had been reduced. Following the
discussion, Commissioner Kunz made a motion seconded by Commissioner
Romrell to allocate $2,000 from the County drug fund to the Drug
Court. Motion carried.
PUBLIC COMMENTS
Claudia Cottle informed the Commissioners that a group from Bear
Lake Watch had attended the Governor's inauguration. They are
working on a resolution regarding Bear Lake that they hope to
have passed by the Idaho and Utah legislatures. Rosa Moosman
stated that the Airport Board and the Fair Board should post meeting
agendas. Roy Bunderson commented on the interlocal agreement
that was being held up by the Rich County Commissioners.
EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz
to convene in executive session per Idaho Code 67-2345(b, d and
f) to discuss indigent clams, legal and personnel issues. All
Commissioners voted yes in a roll call vote.
Following the executive session Commissioner Kunz made a motion seconded by Commissioner Romrell to approve a continuance on indigent case #2010-19. Motion carried.
BLACK BEAR RESORT
Bruce Barrett and Ted Galovan presented a letter to the Commissioners
requesting an extension to complete requirements for the Black
Bear final plat until January, 2012. They stated that the economy
was continuing to improve and gave progress reports on other large
developments. They were expecting to hear results on their water
application early in 2011. After discussion, Commissioner Kunz
made a motion seconded by Commissioner Rasmussen to extend the
final plat requirements for one additional year. Commissioners
Kunz and Rasmussen voted yes. Commissioner Romrell voted no.
Motion carried.
DINGLE SUBDIVISION
The Commissioners discussed a proposed subdivision in Dingle.
They felt that access was not adequate in the proposed location.
Meeting adjourned subject to recall by the Chairman or his order.
1/10/11 Commissioners Meeting Agenda:
9:00 A.M. OATH OF OFFICE TO ELECTED OFFICIALS/COMMISSION
CHAIRMAN
9:10 A.M. ELECTED OFFICIALS MEETING/APPROVAL OF MINUTES
9:20 A.M. COMMITTEE ASSIGNMENTS
9:30 A.M. ROAD IN SMITH-HILL SUBDIVISION
9:45 A.M. BILL PETTIS - Black Bear Resort
10:00 A.M. KELLER & ASSOCIATES - STP Rural LTAC Resolution
10:15 A.M.
10:30 A.M. WAYNE DAVIDSON - 2009 Building Code
Ordinance
10:45 A.M. ROY BUNDERSON - Economic Stability and Development
11:00 A.M. BLAINE NEWMAN - BLM Land Sales
11:15 A.M. WAYNE DAVIDSON - Courthouse Update
Status
11:30 A.M. PUBLIC COMMENTS
11:45 A.M. JUDGE BROWN & ROGER JONES - Drug Court
LUNCH EXECUTIVE SESSION - Medical Assistance Claims/Personnel & Legal Issues
1:00 P.M. BLACK BEAR PLAT EXTENSION
1:15 P.M.
1:30 P.M.
1:45 P.M.
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 December's Bills/Minutes
Road & Bridge/Solid Waste Issues
Executive Session - Medical Assistance Claims
Hospital Land Sale
Regional Commission Invoice
Tax Cancellations
Airport 5 Year Plan