BOARD OF COMMISSIONERS' MEETING MINUTES
Tuesday, October 31, 2006
On Tuesday, October 31, 2006, the Board of County Commissioners met for a regular scheduled Business Meeting with Chairman Young and Commissioner Phillips present. Commissioner Dye was absent.
CALL TO ORDER
Chairman Joseph E. Young called the meeting to order at 8:45AM.
PLEDGE OF ALLEGIANCE
ADOPT ORDER OF THE AGENDA
After discussion, it was decided to move the miscellaneous items to the morning session. Commissioner Phillips moved to Adopt the Order of the Agenda as amended. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
PUBLIC COMMENT
There was no public comment today.
MEETING UPDATES
Commissioner Phillips presented an overview of the class she attended given by Homeland Security. She shared this was very worthwhile and would be extremely beneficial for all Directors in the County to attend the next time it is provided.
Commissioner Young attended SIEC and shared that a motion was passed to do a Needs Assessment for the State. He shared how the process would proceed and felt positive regarding the steps being taken.
CONSENT AGENDA
1) Board of Commissioners' Meeting Minutes for October 24, 2006
Commissioner Phillips moved to table the Consent Agenda as she was absent for the meeting on October 24 and cannot attest to the minutes. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
SOLID WASTE, WATERWAYS, PARKS & RECREATION and WEEDS - Leslie Marshall
Updates on Staff, Projects and Departments
Director Marshall presented an update on staff, projects and Departments
Discussion regarding ribbon-cutting ceremony at Clark Fork site
ROAD & BRIDGE - Chuck Spickelmire
1) Updates on Staff, Road Districts and Projects
Director Marshall presented an update on staff, Road Districts and projects.
PLANNING DEPARTMENT - Clare Marley
1) Updates on Staff, Calls, Permits and Applications
Lisa Alport presented for Director Clare Marley today and did not share an update.
2) Final Plat Approval of Bovee Acres, File # S1354-06
Commissioner Phillips moved to approve the final plat of Bovee Acres, File # S1354-06 and authorize the Chair to sign. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
3) Final Plat Approval of Leeanora Heights, File #S1282-05
After discussion, Commissioner Phillips moved to table the final plat approval of Leenora Heights, File # S1282-05 pending submittal of a recorded instrument identifying a road maintenance agreement for lot 2. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
Discussion regarding the code reform training being held on November 9 at 6:00PM at Community Hall. Newly elected officials will be contacted as well. This date will be a conflict with the elected official training being held in Coeur d'Alene. Lisa will share with Director Marley.
MISCELLANEOUS BUSINESS
1) Resolution for Day after Thanksgiving Day Holiday
Commissioner Phillips moved to approve Resolution #06-74, the Day after Thanksgiving Day
Holiday. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
2) Appointment of Bonner County Board of Community Guardian
After discussion, Commissioner Phillips moved to approve Resolution # 06-75, the appointment of Joel Swartzel as Community Guardian until October 31, 2010. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
3) Appointment of Support for Affordable Housing Workshops on November 16-17, 2006
Chairman Young shared information about the affordable housing workshop that is being held on November 16 and 17 at Community Hall. Commissioner Phillips moved to approve sending the letter to the participating Growth Summit participants inviting them to the workshop. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
4) Family Court - Approval of Fee Increase for Parenting Class
Commissioner Phillips moved to support the fee increase of $20.00 for the parenting class
through the Family Court. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
5) Approval of Batch #26
Claims Batch # 26
General Fund 26207.97
Road & Bridge 4050.89
District Court 215.19
911 Fund 5639.22
Indigent & Charity 97.69
Revaluation 58.38
Solid Waste 5001.32
Justice Fund 52889.45
Waterways 40.5
Grants 986
Ambulance District 21565.15
After discussion and with the exception of payment to Cascade Toboggan under the Ambulance District, Commissioner Phillips moved to approve the claims for Batch # 26. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
6) Approval of Fair Board Member Replacement
Commissioner Phillips made a motion to recommend Tim Cary's term be extended another term and that Sharon Dalton fill the vacated position on the Bonner County Fair Board as recommended by the Fair Board Committee. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
Commissioner Phillips moved to recess the meeting until 1:30PM today. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
Chairman Young called the meeting back to order at 1:30PM.
PUBLIC COMMENT
There was no public comment.
MISCELLANEOUS BUSINESS
7) Advisory Council Update - Esther Gilchrist
Esther Gilchrist presented an update on the older worker program.
? Discussion on the HUD Program.
? Funding is being cut at the Federal Level.
? Information was given on the November 16 and 17 workshop for the Advisory Council.
EMERGENCY MANAGEMENT, EMS and 911 DISPATCH - Bob Howard
1) Update on Staff, Departments, Calls and Projects
Director Bob Howard presented an update on staff, departments, calls and projects.
A fully enclosed military surplus 7 x 7 x 12 communication repeater site shelter was acquired for $2,200.
2) Acceptance Document for the Idaho 2006 Homeland Security Grant Funds.
Director Howard presented how the grant will provide funding to have our emergency operations plans rewritten to mirror the National Response Plan that includes the NIMS component. The other part is regional collaboration, which would be to bring all the public safety personnel, elected officials, and chiefs together for three separate conferences to cover specific subject matter. This is to build partnerships and build positive working relationships. Training Exercise and Interoperability are the next components. This is being directed from Homeland Security at the Federal level and Director Howard explained that there is not much flexibility in spending the money this year. The last component is Broadband, which will connect each county EOC with the state communications network. The State Homeland Security amount is $85,815.31. The law enforcement Terrorism Preparedness Prevention Program is $ 88,940.35.
After discussion, Commissioner Phillips moved to approve the documents for grants from the office of Homeland Security as presented by Director Howard and authorize the Chair to sign. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
3) Ambulance District "C" to "A" Budget Transfer
After discussion, Commissioner Phillips moved to approve Resolution #06-76 to transfer funds for the Ambulance District from the "C" to "A" budget. Chairman Young vacated the Chair and
seconded. All in favor. The motion passed.
Commissioner Phillips made a motion to move into Executive Session under Idaho Code S67-2345S (B) regarding Personnel Matters with Director Bob Howard. Roll Call:
Commissioner Young Aye
Commissioner Phillips Aye
Commissioner Phillips moved to adjourn the Executive Session at 3:12PM and to recess the regular Business Meeting until 1:00PM on Wednesday, November 1, 2006 when Director Howard will bring forward information regarding the bill from Cascade Toboggan.
REGULAR BUSINESS MEETING CONTINUTED
On Wednesday November 1, 2006, Chairman Joseph E. Young called the meeting to order at 1:02PM.
Commissioner Young and Commissioner Dye were present. Commissioner Phillips was absent.
Lisa Alport presented information regarding road maintenance on lot 2 on the final plat of Leeanora Heights, File #S1282-05. This information had been missing at the business meeting yesterday.
After discussion, Commissioner Dye moved to approve the final plat of Leeanora Heights, File #S1282-05 and authorize the Chair to sign upon receipt of the notarized revised copy of the road
maintenance agreement. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
Director Howard and Dr. French were present to discuss the purchase and use of equipment that was submitted for the ambulance district. It was clarified by Dr. French and Director Howard that these items will be placed in a specific ambulance or chase car and used for patient extraction rescues.
Commissioner Dye made a motion to approve the invoice for Cascade Toboggan for the items discussed and approve the final item in Batch # 26 for payment. Chairman Young vacated the Chair and seconded. All in favor. The motion passed.
Commissioner Dye made a motion to move into Executive Session under Idaho Code S67-2345S (B) regarding Personnel Matters with Director Bob Howard present. Roll Call:
Commissioner Young Aye
Commissioner Dye Aye
At 2:10PM, there being no further business, Commissioner Dye moved to adjourn the Executive Session and the regular business meeting. Chairman Young vacated the Chair and seconded. All in favor. The motion passed. The next Board of County Commissioners' Regular Meeting will be held on Tuesday, November 7, 2006, in the County Courthouse.
Joseph E. Young, Chairman
ATTEST: Marie Scott
By : Pamela J. Vasquez, Deputy Clerk
Legal SNP# 8293
November 29, 2006 NOTICE OF SUCCESSOR TRUSTEE'S SALE
On February 28, 2007, at 10:00 a.m., Pacific Standard Time, on the front exterior steps of the Bonner County Courthouse, 215 South 1st Avenue, Sandpoint ID 83864, Edwin B. Holmes, a member of the Idaho State Bar and Successor Trustee to First American Title Company, Inc., will sell at public auction, to the highest bidder, for cash, in lawful money of the United States of America, all payable at the time of sale, the following parcel of real property located in the County of Bonner, State of Idaho, to wit:
The East Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 30, Township 54 North, Range 4 West, Boise Meridian, Bonner County, Idaho.
The Successor Trustee has no knowledge of a more particular description of the above-referenced real property, but for purposes of complying with Idaho Code section 60-113, information concerning the location of said real property may be obtained from the Successor Trustee, Edwin B. Holmes, at the address and telephone number set forth below.
Said public auction sale shall be made without covenant, guarantee, representation or warranty of any kind regarding title, possession, encumbrances or condition. Said public auction shall be conducted to satisfy an obligation secured by, and pursuant to the power of sale conferred in the Deed of Trust executed by Fred Hegel, as Grantor(s)/Trustor(s), First American Title Company, Inc., as original Trustee named in said Deed of Trust, for the benefit and security of J. Hank Hester and Janet L. Hester, as Beneficiary, dated May (sic) 29, 2002, signed by the Grantor(s)/Trustor(s) on April 29, 2002 and recorded on May 15, 2002, as Instrument No. 601353 in the records of the County Recorder for the County of Bonner, State of Idaho.
THE ABOVE NAMED GRANTOR(S)/TRUSTOR(S) ARE NAMED TO COMPLY WITH IDAHO CODE SECTION 45-1506(4)(a). NO REPRESENTATION IS MADE THAT SAID GRANTOR(S)/TRUSTOR(S) IS(ARE), OR IS(ARE) NOT PRESENTLY RESPONSIBLE FOR THIS OBLIGATION.
As of the date of default, October 23, 2006, the default for which this public auction sale is to be made is the failure to:
1. Make the monthly installment payments under a Promissory Note of even date with and secured by the above-mentioned deed of trust, in the sum of three hundred seventy five dollars and forty four cents ($375.44) per month, together with late charges of thirty seven dollars and fifty four cents ($37.54) per month for the month(s) of August, September and October, 2006;
2. Violating the terms and conditions of the deed of trust by selling, conveying, assigning or otherwise alienating the above described real property, or any part thereof, or any interest therein without the prior written consent of the Beneficiary. Said selling, conveying, assigning or otherwise alienating the above described real property, or any party thereof, is evidenced by that certain quit claim deed that has been recorded as Instrument No. 584448 on August 16, 2005 in the records of Bonner County, Idaho.
As of October 23, 2006, the principal balance currently owing on the obligation secured by the aforementioned deed of trust is thirty four thousand six hundred seventy four dollars and sixty five cents ($34,674.65) and late charges in the amount of one hundred twelve dollars and sixty two cents ($112.62), for a total due, as of the aforementioned date, of thirty four thousand seven hundred eighty seven dollars and twenty seven cents ($34,787.27), exclusive of all delinquent taxes, any interest or penalties thereon and escrow fees. Said delinquent amount continues to accrue interest, late charges and/or fees, escrow fees and/or charges, foreclosure costs and attorneys fees and outstanding taxes and penalties, if any. All delinquencies are now due in full together with all late charges, advances to protect the security, and fees and costs associated with this foreclosure sale.
The Beneficiary elects, and has directed the Successor Trustee, to sell or cause the aforementioned parcel of real property to be sold to satisfy said obligations. The sale shall be governed by the provisions contained in Title 45, Chapter 15, Idaho Code. The Successor Trustee's authority herein is evidenced by an appointment of successor Trustee recorded as Instrument No. 715990 in the records of Bonner County, State of Idaho.
Pursuant to Idaho Code Section 45-1506(12): "Whenever all or a portion of any obligation secured by a deed of trust which has become due by reason of a default of any part of that obligation, including taxes, assessments, premiums for insurance or advances made by a beneficiary in accordance with the terms of the deed of trust, the grantor or his successor in interest in the trust property or any part thereof, or any beneficiary under a subordinate deed of trust or any person having a subordinate lien or encumbrance of record thereon, at any time within one hundred fifteen (115) days of the recording of the notice of default under such deed of trust, if the power of sale therein is to be exercised, or otherwise at any time prior to the entry of a decree of foreclosure, may pay to the beneficiary or their successors in interest, respectively, the entire amount then due under the terms of the deed of trust and the obligation secured thereby (including costs and expenses actually incurred in enforcing the terms of such obligation and a reasonable trustee's fee subject to the limitations imposed by subsection (6) of section 45-1502, Idaho Code, and attorney's fees as may be provided in the promissory note) other than such portion of the principal as would not then be due had no default occurred, and thereby cure the default theretofore existing, and thereupon, all proceedings theretofore had or instituted shall be dismissed or discontinued and the obligation and deed of trust shall be reinstated and shall be and remain in force and effect, the same as if no acceleration had occurred."
Dated this 27th day of November, 2006.
[signed] Edwin B. Holmes
EDWIN B. HOLMES, ISB 4668
HOLMES LAW OFFICE, P.A.
8109 N WAYNE DRIVE
POST OFFICE BOX 0569
HAYDEN ID 83835-0569
VOICE: (208) 762-0100
FACSIMILE: (208) 762-0199
Legal SNP# 8276
Nov. 22, 29, Dec. 6, 13, 2006
CITY OF HOPE
BONNER COUNTY, IDAHO
RESOLUTION #167
A RESOLUTION SET FORTH BY THE CITY OF HOPE ESTABLISHING WATER RATES FOR USE OF THE CITY'S WATER SYSTEM; THE RESOLUTION PROVIDES FOR AN EFFECTIVE DATE; PROVIDING FOR OTHER MATTERS RELATING THERETO:
An EC is based on a single family residential connection. One EC is 6,000 gallons of usage per month. The Commercial base rate shall be determined by the maximum water used in a month of the calendar year divided by 6000 gallons for the month and rounded up to the next whole number.
A user may submit an application for a change in use to the Council for consideration if the use of the building changes.
Be it resolved by the City Council of Hope, Bonner County Idaho shall adopt the following water rates effective January 1, 2007:
Wheras; The City of Hope is applying for federal financing in order to fund improvements to the water system and the conditions of that financing require that the City establish a rate schedule for water use.
RESIDENTIAL
Unmetered
The residential Rate for Water shall be equivalent to $ 30.00 dollars per month for unmetered service paid quarterly.
Billing shall be mailed quarterly
COMMERCIAL:
Commercial properties have the opportunity to commit contractually to increase the number of City of Hope ECs up to the number of ERs previously assessed to their property by The Ellisport Bay Sewer District or based upon the actual water usage during the past year (2006). This number then becomes the property's EC base rate. This offer expires March 31, 2007 and must be paid back to the effective date of the resolution.
Base Rate per EC $ 30.00
$ 1.20 per 1000 gallons of use
In order to maintain the connections as determined the EBSD the commercial establishment shall be required to pay the base rate for those connections. Any extra (ECs) not paid within 90 days shall be considered surrendered and require the payment of the applicable connection fee in order to restablish.
If a commercial property consumes more water in any month during a calendar year than the property's base EC usage rate, the property must purchase one capitalization unit for each EC above the number of ECs assessed for that year, and that EC number becomes the base rate for the future. The EC's shall be reviewed annually by November 1st for the next calendar year.
Billing shall be mailed monthly and shall be due the 10th of the month.
CONNECTION FEE:
In order for new connections to properly capitalize the system equivalent to the existing users the capitalization fee shall be $6385.00 for each equivalent conection to the water system.
INACTIVE CONNECTIONS
From the effective date of this Resolution all inactive connections shall have one-year to connect to the system in order to maintain their status. Any Inactive connections not connected shall be considered surrendered and any new connections would require the payment of a connection fee.
As of the date of passage of this resolution, the cost of meters and material installation to the property line will be paid by the city for unmetered properties that are currently active or inactive paying residential customers.
Applications for connections shall include the property that the connections will be serving as defined in the Ordinance.
See Attachment A for a list of properties that have prepaid a capitalization fee.
The effective date of this provision shall be January 1, 2007.
Passed this________ day of __________, 2006.
Lawrence Keith, Mayor
Shirley Ramey, City Clerk
Legal SNP# 8297
November 29, 2006
Loan No. XXXXXX6624 T.S. No. 1090423-09 Parcel No. RP54N03W235700A NOTICE OF TRUSTEE'S SALE
On March 09, 2007, at the hour of 11:00am, of said day, at At the main entrance to Alliance Title & Escrow, 105 Pine St., Sandpoint, Idaho, Fidelity National Title Ins Company, as trustee, will sell at public auction, to the highest bidder, for cash, cashier's check drawn on a State or National Bank, a check drawn by a State or Federal Credit Union, or a check drawn by a State or Federal Savings and Loan Association, Savings Association, or Savings Bank, all payable at the time of sale, the following described real property, situated in the County of Bonner, state of Idaho, and described as follows, to wit: That portion of the west half of the southwest quarter of section 23, township 54 north, range 3 west, Boise Meridian, Bonner county, Idaho, described as follows: Beginning at the southwest corner of said section: Thence north along the west line of said section 638.61 feet to the west right of way of the Old Northern Pacific Railroad; Thence along said right of way 1035.50 feet to the true point of beginning; thence continuing along said right of way north 52o 17' 51" east, 104.50 feet; thence north 52o 29' 27" east, 550.99 feet to the west right of way of county road; thence along the county road right of way north 16o 42' 01" west, 100.00 feet; thence leaving said right of way south 81o 23' 31" west. 671.57 feet; thence south 52o 17' 51" west 313.50 feet; thence south 37o 42' 09" east, 68.00 feet; thence north 52o 17' 51" east, 58.00 feet; thence south 37o 42' 09" east, 122.16 feet to the north line of the southwest quarter of the southwest quarter of said section thence north 52o 17' 51" east, 150.00 feet; thence south 37o 57' 17" east, 227.84 feet to the true point of beginning. Commonly known as 860 Granite Loop Rd Athol ID 83801. Said sale will be made without covenant or warranty, express or implied, regarding title, possession or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by Kimberly Miller and Jeffrey Miller, Who Are Married To Each Other as Grantor, to First American Title Company Of Idaho, Inc., as Trustee, for the benefit and security of Bank of America, N.A. as Beneficiary, recorded June 14, 2005, as Instrument No. 678876, Mortgage records of Bonner County, Idaho. THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH SECTION 45-1506(4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which this sale is to be made is: Failure to pay the monthly payment due July 1, 2006 of principal, interest and impounds and subsequent installments due thereafter; plus late charges; together with all subsequent sums advanced by beneficiary pursuant to the terms and conditions of said deed of trust. The estimated balance owing as of this date on the obligation secured by said deed of trust is $101,216.61, including interest, costs and expenses actually incurred in enforcing the obligation thereunder or in this sale, and trustee's fees and/or reasonable attorney's fees as authorized in the promissory note secured by the aforementioned Deed of Trust. Fidelity National Title Ins Company C/o Cal-western Reconveyance Corp P.O. Box 22004 El Cajon CA 92022-9004 (800) 546-1531 Dated: November 07, 2006 Fidelity National Title Insurance Company Signature/By G. Sheppard. R-131885
Legal SNP# 8296
Nov. 29, Dec. 6, 13, 20, 2006
NOTICE OF SALE
OF FORFEITED ASSETS
Notice is hereby given that the following items will be sold by sealed bid. All bids must be received no later than 5:00 o'clock p.m. on December 1, 2006 and will be opened the following business day. All bids shall include bidder's name, address, telephone number, item bidding on and proposed price for each item. Each bid must be equal to or greater than the minimum bid listed. Submitting a bid will be an obligation to complete the purchase within five (5) days after notification of a successful bid. Items will be available for public viewing on November 22, 2006 between 8:00 a.m. and 12:00 p.m. and November 29, 2006 from 12:00 p.m. and 4:00 p.m. Bids and viewing will be done at the Bonner County Sheriff's Office at 4001 North Boyer Avenue, Sandpoint. All items will be sold as-is to the highest bidder.
? American 29 foot enclosed trailer, cosmetic and structural damage. Min. bid $2,500.
? 1998 Polaris snowmobile, cosmetic and structural damage, runs well. Min. bid $1,200.
? 1999 Polaris 700 RMK snowmobile, cosmetic damage, runs. Min. bid $1,800.
1993 Ford F150, extra cab, gas, fair overall condition, runs. Min bid $2,200.
? 1988 Chevrolet Suburban, cosmetic and structural damage, diesel engine and 4-wheel drive, runs. Min. bid $1,000.
? 2003 Polaris Predator Quad, 2-wheel drive, fair condition, needs battery, runs. Min. bid $2,500.
? 2003 Suzuki Quad 50, poor condition, does not run. Min. bid $300.
? 2004 Suzuki DRZ 110, cosmetic damage, runs, fair condition. Min. bid $350.
? 2004 Yamaha YFZ 450 Quad, 2-wheel drive, fair condition, needs battery, runs. Min. bid $2,500.
By Ror Lakewold
Bonner County Sergeant
Legal SNP#8272
November 21, 29, 2006