BOARD OF COMMISSIONERS' MEETING MINUTES

| October 2, 2007 9:00 PM

Tuesday, August 21, 2007

The Board of County Commissions met for a regular business meeting on Tuesday, August 21, 2007 with the full board present.

CALL TO ORDER

Chairman Rich called the meeting to order at 8:45 A.M.

INVOCATION

The Invocation was delivered by Pastor John Pomeroy.

PLEDGE OF ALLEGIANCE

ADOPT ORDER OF THE AGENDA

The Chairman indicated the BOCC minutes on the agenda for today will be tabled. Commissioner Young moved to adopt the Order of Agenda as amended. Commissioner Crossett seconded. All in favor. The motion passed.

PUBLIC COMMENT

Mr. Mark Linscott was present to discuss actions regarding the MLS situation with the Assessor's office. Topics covered during his comments included:

Purchase and sale agreements were read by Commissioner Rich.

Mr. Linscott stated that the Assessor's office was pulled from the MLS .

The county is bound by state law to make fair and equitable assessments.

There were questions regarding how residents may have access to MLS listings and the county cannot. How can everyone be treated equitable?

Why would the real estate market want the assessments to be less accurate?

There was a question regarding the quality of the appraisers at the Assessor's office.

Mr. Linscott feels the Assessor's office can do their job without MLS feeds.

1) Discussion/Update Regarding RAC Program - Barbara Botch

Barbara Botch presented an update for Secure Rural School and Community Self-Determination Act of 2000 more commonly known as Craig-Whydon Act. The Panhandle area has 15 members. Bonner County has done well the past six years with 85% of the funding going to roads and schools. Hopefully, they will be able to exist for five more years. The money goes into six categories. experience and salaries to youth crews, fuel reduction, timber sales, noxious weeds, road improvement & bridges, trail maintenance, fish passage and water treatments.

She indicated that the thoroughfare funding was approved and stressed that there needs to be a plan if the money does go away after five years.

MEETING UPDATES

Commissioner Young discussed the ITD meeting, funding of the Highway 57 project, Spirit Lake signage and the Garwood to Sagle and Dover to Sandpoint connect ability projects were discussed.

He also presented an update from the EMS State Task Force meeting. Legislation, medical, administration and political authority, consolidation of resources and finances is the main focus of the group right now. Hopefully, by January there will be a draft to present to the Legislators.

Commissioner Crossett presented an update on Pack River concerns off Colburn Culver area. A community initiative is being pursued for the placement of rocks in that area.

The EMS Advisory meeting was attended by Chairman Rich and Commissioner Crossett and they stated there was continued discussion regarding the Director of EMS position.

CONSENT AGENDA

1) Board of Commissioners' Meeting Minutes for 7/31/2007, this item was tabled today.

2) Request for Liquor License: Sandpoint - Power House Bar & Grill

Commissioner Young moved to approve the Consent Agenda as amended. Commissioner Crossett seconded. All in favor. The motion passed.

SOLID WASTE, WATERWAYS, PARKS & RECREATION and WEEDS - Leslie Marshall

1) Updates on Staff, Projects and Departments

Director Marshall presented an update on staff, projects and departments

Final sonar application this week.

Brad will be going out with Clean Lakes before their meeting on Thursday, August 24.

Charts were distributed to the Commissioners of calls received regarding the milfoil application.

2) Discussion/Decision Regarding Closing Collection Sites for Training after Labor Day

After discussion, it was noted that October 16 will be the day that the sites will close for staff training. Postings/notifications will be made in advance.

3) Discussion Regarding Solid Waste Fee Resolution for 2008

There was discussion regarding any changes that may need to be adjusted. A few changes discussed included language regarding commercial construction demolition and there was discussion regarding the all businesses having dumpsters. The load limit has been raised temporarily to six yards vs. four and there was discussion whether to permanently raise it to six yards. A new resolution will be submitted with these changes.

ROAD & BRIDGE - Chuck Spickelmire

1) Updates on Staff, Road Districts and Projects

Director Spickelmire presented an update on staff, Road Districts and projects.

2) Decision Regarding Representation for Panhandle Lakes RC & D Council

After discussion, it will be tabled and Commissioner Crossett will follow up on it. Commissioner Crossett seconded. All in favor. The motion passed.

PLANNING DEPARTMENT - Clare Marley

1) Approval for:

A. Surety Agreement for Survey Work for Trapper Creek, File S1167-05

B. Surety Agreement for Improvements for Trapper Creek, File S1167-05

C. Final Plat Approval for Trapper Creek, File S1167-05

Director Clare Marley presented materials and overview page to Board. Marty Taylor was present for questions. After discussion, Commissioner Young moved to approve Schweitzer Mountain Real Estate, LLC and Schweitzer Mountain Facilities, LLC application for a surety in the amount of $6840.00 for File S1167-05. Commissioner Crossett seconded. All in favor. The motion passed.

After further discussion regarding the surety agreement Commissioner Young made the motion to approve the Surety Agreement for improvements for Trapper Creek, File S1167-05 for $7,239,119.00 and authorize the Chair to sign. Commissioner Crossett seconded. All in favor. The motion passed.

Director Marley presented the plat and after review, Commissioner Crossett moved to approve the final plat for Trapper Creek, File S1167-05 and authorize the Chair to sign. Commissioner Young seconded. All in favor. The motion passed.

2) Approval of Final Plat Approval of Vivian Acres, File SS1259-05

After discussion, Commissioner Young moved to approve the final plat of Vivian Acres, File SS1259-05 and authorize the Chair to sign. Commissioner Crossett seconded. All in favor. The motion passed.

3) Discussion/Decision Regarding Fee Waiver Request for Idaho Fish & Game BLP

After discussion with Director Marley regarding the raceway in question, Commissioner Young moved to approve the fee waiver for Idaho Fish and Game BLP as presented. Commissioner Crossett seconded. All in favor. The motion passed.

4) Time Extension Request for Whisper Ridge Estates, File S1315-05

Commissioner Young moved to approve the time request to July 19, 2010 for Whisper Ridge Estates, File S1315-05. Commissioner Crossett seconded. All in favor. The motion passed.

5) Updates on Staff, Calls, Permits and Applications

Director Marley presented an update on staff, calls, permits and applications

Future Planning & Zoning meetings will be held at the Federal Bldg.

Dates of the formal hearings will be held the end of the September or first of October.

EMERGENCY MANAGEMENT, EMS and 911 DISPATCH

1) Update on Staff, Departments, Calls and Projects

Director Howard presented an update on staff, departments, calls and projects.

2) Discussion/Decision Regarding 700 MHz Engineering Study by Motorola for Bonner County

Chief Lockwood and Director Howard presented information regarding a feasibility study that will need to be conducted, if user and site plans would be incorporated with the state plan. All groundwork has been put in place and they shared that Kootenai County has used this same process. One concern was using a

vendor driven survey. After further discussion, Commissioner Young made a motion to approve the

$12,500.00 for the survey and authorize the Chair to sign after legal review. Commissioner Crossett seconded. All in favor. The motion passed.

There was discussion regarding a pathway between Hwy 57 and the school. Commissioner Young will follow through with this item.

Steve Kukuruza presented an update on EMS

There was discussion with the Board and civil council, Louis Marshall regarding payment to Priest River EMT and Priest Lake EMT. If they are unable to fulfill their contracts, what are the solutions? After discussion it was decided that a letter will be sent from Director Howard to these districts and it will be addressed next week at the regular business meeting.

3) Memorandum of Understanding for Newport Ambulance

This was approved on July 21, 2007 but there have been two language amendments that were shared. After discussion, Commissioner Crossett moved to approve the amended Memorandum of Understanding with Newport Ambulance as presented. Commissioner Young seconded. All in favor. The motion passed.

4) Discussion/Decision Regarding Contract with Med Star Health Training Network

Steve Kukuruza presented information regarding this contract with Med Star and knowing that legal council has reviewed, Commissioner Young moved to approve the contract with Med Star Health Training Network as presented for $28.00. Commissioner Crossett seconded. All in favor. The motion passed.

SHERIFF'S OFFICE

1) Executive Session Regarding Personnel Matters

Commissioner Young moved to enter into Executive Session's under Idaho Code S67-2345 (B) Personnel with personnel from the Public Defender's Office, Sheriff's Office and EMS Personnel. Commissioner Crossett seconded. All in favor. The motion passed. Roll Call: Commissioner Young Aye, Commissioner Rich Aye, Commissioner Crossett Aye

At 11:45, Commissioner Crossett moved to adjourn the Executive Session and recess the regular business meeting until 1:30 P.M.

The meeting reconvened meeting at 1:35

1) Discussion Regarding Federal Building - Commissioners

After discussion and with recommendation from LCA regarding the contract with CNI, Commissioner Young made a motion to enter into the contract with Contractors Northwest, Inc for the Federal Building second floor tenant improvements with LCA's number of 06028-02 for a total of $464,000.00 minus

additions or deductions from the bid. Commissioner Crossett seconded. All in favor. The motion passed.

There being no further business Commissioner Crossett moved to adjourn the meeting for today. Commissioner Young seconded. All in favor. The motion passed.

Lewis Rich, Chairman

ATTEST MARIE SCOTT

By: Pamela J. Vasquez, Deputy Clerk

Legal SNP 9008

October 2, 2007

NOTICE OF PUBLIC MEETING AND HEARINGS

NOTICE IS HEREBY GIVEN that the Bonner County Planning & Zoning Commission on Thursday, October 18, 2007, will conduct a public meeting beginning at 4:00 p.m. at the site of the proposed Pend Oreille Bonner Development at Trestle Creek, located at 141 Idaho Country Road, and 181 Kamloops Road, in the general Trestle Creek area and on property on Trestle Creek Road, north of Highway 200 East for the purpose of a site review relating to Files ZC327-06 and C870-06. The sites are the subject of a proposed zone change of 42.16 acres from Rural to Recreation and a large-scale planned unit development and private utilities encompassing 109 dwelling units ranging from single-family homes to a 30-unit multi-family dwelling, public and private recreational and commercial amenities, water, sewer, fire protection and solid waste collection and transfer services, a private marina and boat storage. The properties are formerly known as Idaho Country Resort North and South RV parks on Lake Pend Oreille at Trestle Creek and the North Branch of Trestle Creek adjacent to U.S. Highway 200 East, and 6 acres of off-site wastewater treatment area located on Trestle Creek Road in Sections 16, 17 and 21, Township 57 North, Range 1 East. No public testimony will be taken at this time. Public hearings on the proposals will be set at a later time, and public notice provided.

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Bonner County Planning and Zoning Commission will conduct public hearings at the following times on Thursday, October 18, 2007, in the meeting room of the former Federal Building, 1500 Highway 2, Sandpoint, Idaho, to consider the following requests:

6:45 P.M. - FILE CM800-07 - MODIFICATION OF CONDITIONAL USE PERMIT - RESIDENTIAL CARE FACILITY - WALT & MARCY LARSEN are seeking approval to modify the existing conditional use permit for an assisted living group home in the Rural District to allow for the care of up to 16 persons, in accord with changes with state standards. Bonner County issued the permit for the 15-person care facility September 2, 2004. Approval of the modification would allow for the care of one additional individual. The facility is located on Spirit Lake Cut-off Road, +/-14 miles south of the city of Priest River in Section 18, Township 54 North, Range 4 West, B.M.

7:00 P.M. - FILE C891-07 - CONDITIONAL USE PERMIT FOR A MUSEUM AND INVENTION CENTER - FORREST M. BIRD/BIRD TRUST are requesting conditional use permit approval for the operation of a private/public community facility, specifically an aviation museum and invention center, with kitchen and gift shop facilities, using existing buildings and parking areas. The site is generally located in the Glengary area southeast of Sandpoint on Bird Ranch Road, off of Sagle Road. The property is zoned Rural and is within Section 6, Township 56 North, Range 1 East, B.M.

Please contact the Bonner County Planning Department the day before the scheduled meeting and hearing to verify if these items will be heard on the date and at the time specified or continued to another date and time.

Any person needing special accommodations to participate in the public hearing should contact the Bonner County Planning Department at (208) 265-1458.

WRITTEN COMMENTS SHOULD BE RECEIVED BY THE BONNER COUNTY PLANNING DEPARTMENT TEN (10) CALENDAR DAYS PRIOR TO THE SCHEDULED HEARING TO BE INCLUDED IN THE STAFF REPORT. COMMENTS CAN BE MAILED TO THE BONNER COUNTY PLANNING DEPARTMENT, 127 S. FIRST AVENUE, SANDPOINT, IDAHO 83864; FAXED TO (208) 265-1463 OR E-MAILED TO planning@co.bonner.id.us. ADDITIONAL INFORMATION IS AVAILABLE AT THE BONNER COUNTY PLANNING DEPARTMENT. STAFF REPORTS ARE AVAILABLE AT THE PLANNING DEPARTMENT OR MAY BE VIEWED AT www.co.bonner.id.us SEVEN DAYS PRIOR TO THE SCHEDULED HEARING. ANY AFFECTED PERSON AS DEFINED BY IDAHO CODE, TITLE 67, CHAPTER 65, MAY PRESENT AN APPEAL TO THE BOARD OF COUNTY COMMISSIONERS FROM ANY FINAL DECISION BY THE BONNER COUNTY PLANNING AND ZONING COMMISSION. (BONNER COUNTY REVISED CODE, SECTION 12-451)

Legal SNP 9006

October 2, 2007

BOARD OF COMMISSIONERS' MEETING MINUTES

Tuesday, August 14, 2007

The Board of County Commissioners met for a regular board meeting with the full board present.

CALL TO ORDER

The meeting was called to order at 8:45 A.M. by Chairman Lewis Rich.

INVOCATION

Commissioner Young delivered the Invocation.

PLEDGE OF ALLEGIANCE

ADOPT ORDER OF THE AGENDA

Commissioner Young made a motion to add discussion regarding writing a letter to the Governor concerning water adjudication. After discussion, Commissioner Young moved to Adopt the Order of the Agenda as amended. Commissioner Crossett seconded. All in favor. The motion passed.

PUBLIC COMMENT

Jim Blake spoke regarding the Bonner Park West and the Phillips Tort agenda items.

Don Holland spoke regarding cars and trucks parked in the Pack River off Colburn Culver Road.

MEETING UPDATES

Commissioner Crossett presented an update from the Milfoil Task Force meeting. Signage, treatment areas and protection of smaller lakes were some topics of discussion. He indicated there is a Department of Agriculture meeting on July 23 which he will attend. He also attended a meeting presented by Idaho Parks at Schweitzer Resort.

Commissioner Young shared information on a meeting that occurred with Congressman Sali. The thoroughfare and economic development were some topics discussed. The Airport at Priest River was sited for the new EMS building and the sewer and water is being installed.

Chairman Rich spoke regarding an issue on Baldy Road and indicated that it may be brought forward next week.

CONSENT AGENDA

1) Board of Commissioners' Meeting Minutes for 7/3/2007

Commissioner Young moved to approve the minutes as presented. Commissioner Crossett seconded. All in favor. The motion passed.

SOLID WASTE, WATERWAYS, PARKS & RECREATION and WEEDS - Leslie Marshall

1) Updates on Staff, Projects and Departments

Director Marshall presented an update on staff, projects and departments.

There is one more treatment of sonar and then milfoil treatment is complete.

2) Discussion/Decision Regarding Treasury Appropriation of Land Management Funds to the 2007-08 Budget for Parks and Recreation for One-Time Expenditures.

After discussion, Commissioner Young made a motion to approve Resolution #07-60 transferring $25,300.00 for one-time expenditures as presented. Commissioner Crossett seconded. All in favor. The motion passed.

3) Discussion/Decision Regarding the Request of Bonner Park West Committee to Extend Their Existence to March 2008 (one year).

Commissioner Young moved to approve the request of extending the Bonner Park West five member board for one more year with resolution #07-61. Commissioner Crossett seconded. All in favor. The motion passed.

4) Review Letter from the Bonner Park West Committee Regarding the Railroad's Encroachment at Bonner Park West.

After discussion with Director Marshall regarding a letter from the committee, Commissioner Young moved to support the letter as presented. Commissioner Crossett seconded. All in favor. The motion passed.

ROAD & BRIDGE - Chuck Spickelmire

1) Updates on Staff, Road Districts and Projects

Director Spickelmire presented an update on staff, Road Districts and projects.

There was discussion regarding the Dickensheet property.

Commissioner Young moved to recess at 9:28 A.M. The meeting reconvened at 9:35 A.M.

PLANNING DEPARTMENT - Clare Marley

1) Consideration of Planning and Zoning Appeals of Final Decisions on Files V373-07 and C874-07. Director Marley presented a detailed description of the appeal process. The board needs to decide whether the Planning and Zoning Commission made an error on the McCanlies file and if a new hearing is justified. She went through the reasons of denial. It was approached as two separate hearings and she felt there may have been facts presented in the separate hearings that might have influenced the outcome. In the past, variances have been heard first and the conditional use permit heard second. Louis Marshall, civil council was present to offer comments, as well.

After discussion with the full board, legal council and Director Marley, the board felt strongly that this file needs to be heard again. Commissioner Young moved to approve granting a new hearing on the application for conditional use permit under item B. Commissioner Crossett seconded. All in favor. The motion passed. Commissioner Crossett moved to approve to re-hear the variance as presented by Director Marley. Commissioner Young seconded. All in favor. The motion passed.

2) Approval of Final Plat of LS1504-07, Oldtown/Cedar Park Addition

This item will be presented to the board administrativly at a later date. It was previously approved at a prior meeting. Commissioner Young moved to approve this action. Commissioner Crossett seconded. All in favor. The motion passed.

3) Updates on Staff, Calls, Permits and Applications

Director Marley presented updates on staff, calls, permits and applications.

Dates will be sent to the board for upcoming Planning and Zoning Workshops

GIS DEPARTMENT - Dan Spinosa

1) Update on Projects. Feedback on Revised Addressing and Road Naming Standards

Dan Spinosa presented information on amending the ordinance which would meet standards. Director's Spickelmire, Marley and legal council, Louis Marshall have all reviewed the amendments. This would be synchronized within the cities and counties and they are seeking the Board's approval. There was discussion regarding addressing regulations and various language needs that should be revised. The role of the county would be similar to what is occurring currently. Dan will continue to work on the wording and proceed forward.

Commissioner Young made a motion to move in to Executive Session with Director Clare Marley, Louis Marshall and the full board present to discuss personnel matters under Idaho Code 67-2345 (B) at 10:15 AM.

Commissioner Crossett seconded. All in favor. The motion passed. Roll call: Commissioner Young Aye, Commissioner Rich Aye, Commissioner Crossett Aye.

EMERGENCY MANAGEMENT, EMS and 911 DISPATCH - Bob Howard/Steve Kukuruza

1) Update on Staff, Departments, Calls and Projects

Director Howard presented an update on staff, departments, calls and projects.

There was extensive discussion regarding the development of an (EOC) Emergency Operation Center and involving elected officials in the process. Bob wanted direction regarding whether an EOC could be located in the Federal Building. He indicated that City Chambers could possibly act as the secondary site.

There was discussion regarding public education, fair and public relations cost for EMS. Parade participation, visibility at the fair and not using publicity advertising was the consensus of the board. Any emergency information is valuable for citizens and encouraged.

2) Resolution Regarding Two Trailers being transferred to Bonner County Search and Rescue, Inc.

Commissioner Young moved to approve Resolution #07-63, transferring the two trailers discussed to the Bonner County Search and Rescue, Inc. Commissioner Crossett seconded. All in favor. The motion passed.

MISCELLANEOUS BUSINESS

1) Approval of Claims for Batch # 23

Commissioner Young moved to approve the claims for Batch #23 after making certain the doors are paid out of the correct fund. Commissioner Crossett seconded. All in favor. The motion passed.

2) Discussion/Decision Regarding Phillips Tort - Louis Marshall

Louis Marshall was present to discuss the tort and explained that ICRMP would be paying attorney fees only. Commissioner Young moved to approve the decision as presented by legal council. After further discussion and understanding that this was a business decision, Commissioner Crossett seconded. All in favor. The motion passed.

3) Sandpoint Airport Discussion/Decision Regarding 4X4 Tractor Rental Agreement

After discussion, Commissioner Young moved to approve the airport tractor rental agreement for the 2008 year. Commissioner Crossett seconded. All in favor. The motion passed.

4) Discussion/Decision Regarding Extending Length of Job Posting for EMS Director Position.

Commissioner Crossett indicated that Chief Tyler had called him and an email was sent to the board suggesting that the position be extended and posted. After discussion, there was a motion made by Commissioner Young to continue with the plan as it is and close the posting at time originally posted. Commissioner Crossett seconded. All in favor. The motion passed.

5) Discussion/Decision Regarding Bids for Federal Building.

After discussion, Commissioner Young moved to approve the bid and inform LCA to contact CNI and have

them forward the necessary paperwork to the board next week.

6) Discussion/Decision for Notice to Bid IP Phone System for Bonner County Offices.

After discussion, Commissioner Young moved to approve the notice to bid for an IP Phone System for Bonner County offices. Commissioner Crossett seconded. All in favor. The motion passed.

7) Water adjudication was added to the agenda and presented by Chairman Rich. He indicated he wrote a letter previously to the governor regarding the information that was disseminated. It appears that information has not been made clear to the public or the elected officials. All three commissioners have been in contact with the legislators and they are drafting a letter to Boise as well. The information that was shared with Commissioner Young originally is not what is being said will be done now, and that is a major concern. The commissioners would like to send a letter with all their names on it indicating their concerns.

Commissioner Young moved to recess the meeting at 11:30 A.M. until the Executive Session at 1:00 P.M. Commissioner Crossett seconded. All in favor. The motion passed.

The meeting reconvened at 1:00 P.M. and Commissioner Crossett moved to enter into Executive Session under Idaho Code S67-2345 (B) regarding Personnel with Director Bob Howard. Commissioner Young seconded. All in favor. The motion passed. Roll call: Commissioner Young Aye, Commissioner Rich Aye, Commissioner Crossett Aye

Commissioner Young moved to adjourn the Executive Session as well as the regular business meeting at 3:00 P.M. Commissioner Crossett seconded. All in favor. The motion passed.

On Wednesday, August 8, 2007, Assistance Director, Kevin Rothenberger met with the Board for the following cases to be considered: Denied: #2007117, #2007119 and #2007120

Wednesday, August 1, 2007, Treasurer Cheryl Piehl met with the Board to discuss tax cancellations:

Lewis Rich, Chairman

ATTEST: Marie Scott

By: Pamela J. Vasquez, Deputy Clerk

Legal 9007

October 2, 2007NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Bonner County Commissioners will hold a public hearing at the following time on Wednesday, October 17, 2007, in Courtroom 4 of the Bonner County Courthouse, 215 S. First Avenue, Sandpoint, Idaho, to consider the following request:

1:30 P.M. - FILE AM97-07 - ORDINANCE AMENDMENT - TITLE 13 - BONNER COUNTY REVISED CODE, ROAD NAMING, ADDRESSING - BONNER COUNTY is initiating an amendment to Bonner County Revised Code to create a new Title 13 which will standardize road naming and addressing procedures in unincorporated Bonner County. The ordinance is not proposing to change the current system of assigning distance-based addresses to residents. Currently, road naming and addressing procedures are carried out administratively by county staff. However, addressing procedures have not been formally adopted into ordinance. Proposed Title 13 will detail road naming and addressing procedures to ensure consistency and adherence to postal and emergency response standards. The standardized naming and addressing will aid the county in establishing an enhanced 911 emergency response system and will reduce road name and address numbering conflicts. Copies of the proposed ordinance are available at the Planning Department or may be viewed at the Bonner County web site at www.co.bonner.id.us. The Planning & Zoning Commission at its regularly scheduled public hearing of September 13th, recommended approval of this ordinance amendment to the Board of County Commissioners.

Please contact the Bonner County Planning Department the day before the scheduled hearings to verify if this item will be heard on the date and at the time specified or continued to another date and time.

Any person needing special accommodations to participate in the public hearing should contact the Bonner County Planning Department at (208) 265-1458.

IN THE EVENT THAT COURTROOM 4 IS NOT AVAILABLE, THE HEARING COULD BE RELOCATED TO ANOTHER PUBLIC LOCATION WITHIN WALKING DISTANCE. SIGNS WILL BE POSTED IDENTIFYING THE NEW LOCATION.

Legal 9005

September 28, 29 October 2, 2007