Legals March 28, 2018
PUBLIC NOTICE The Board of County Commissioners is calling for letters of interest from persons interested in serving on the Sandpoint Airport Advisory Board. There are currently two positions available, each for a three (3) year term. Knowledge of airport issues would be beneficial. Please email letters of interest to jessi.webster@bonnercountyid.gov OR send a letter of interest to: Bonner County Board of Commissioners, 1500 Highway 2, Ste. 308, Sandpoint, Idaho 83864; fax your letter to 208-265-1460. Letters should be received no later than March 30, 2018. SNP LEGAL 5250 MARCH 21, 28, 2018
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS' MEETING January 2, 2018 CLERK Approved payment of the FY18 Claims in Batch #7 $155,059.99 & Demands Batch #7 $63,405.76 Totaling $218,465.75. General Fund $32,855.87; Road & Bridge $36,645.71; Airport $1,120.31; Elections $174.69; Drug Court $125.00; District Court $5,607.96; 911 Fund $1,969.69; Indigent & Charity $9,764.78; Junior College Tuition $50.00; Revaluation $2,779.12; Solid Waste $15,095.31; Tort $175.00; Weeds $162.14; Parks & Recreation $1,515.71; Justice Fund $38,768.86; Snow Groomers - East $96.11; Snow Groomers - West $141.18; Waterways $820.71; Grants $7,191.84; Demands $63,405.76; Totaling $218,465.75. Approved payment of the FY18 EMS Claims Batch #7 $24,225.71 & EMS Demands Batch #7 $5,752.55 totaling $ 29,978.26. PUBLIC DEFENDER Approved Resolution #18-01 authorizing the Public Defender's Office to destroy the documents as listed in the attached Resolution and as outlined in the Public Defender's Records Retention Policy Resolution #16-22. TECHNOLOGY Approved Resolution #18-02 authorizing the adjustment of the Bonner County Technology/911 budget to reflect the receipt of unanticipated grant funds in the amount of $13,771.00 received from the NEC Corporation of America for a billing error. This would increase the FY2018 budget, line item 00823-9420 Capitol Equipment from $168,472 to $182,243.00. EMERGENCY MANAGEMENT Approved Resolution #18-03 which delegates Authority to Bob Howard, Director of the Bonner County Office of Emergency Management to activate, manage and authorize expenditures upon activation of the Emergency Operations Center. HUMAN RESOURCES Approved Resolution #18-04 allowing Human Resources/ Risk Management to destroy employment applications previous to 2016 as per Idaho Code Title 74, Chapter 1. ROAD & BRIDGE Approved Resolution #18-05 in support of the Local Federal Aid Incentive Program: Bridge FY2018 Application for the amount of $1,695,678.00 and authorize the Board to sign the resolution. I also move to allow the Chairman to sign the application administratively. EXECUTIVE SESSION - PROSECUTOR Executive Session under Idaho Code § 74-206 (1) (F) Potential Litigation with Scott Bauer, Jerry Clemons, and Roxanne Smestad. At 9:33 a.m. Commissioner Bailey stepped down from the Chair and moved to enter into Executive Session under Idaho Code § 74-206 (1) (A) Hiring with Cindy Binkerd. Commissioner Connolly seconded the motion. Roll call vote: Commissioner Bailey - Aye; Commissioner Connolly - Aye. The motion passed. EXECUTIVE SESSION - HUMAN RESOURCES Executive Session under Idaho Code § 74-206 (1) (B) Personnel with Cindy Binkerd. At 9:58 a.m. Commissioner Connolly moved to enter into Executive Session under Idaho Code § 74-206 (1) (B) Personnel with Cindy Binkerd. Commissioner Bailey stepped down from the Chair and seconded the motion. Roll call vote: Commissioner McDonald - Aye; Commissioner Bailey - Aye; Commissioner Connolly - Aye. The motion passed. Directed Justice Services and Human Resources to proceed as directed in Executive Session. Executive Session under Idaho Code § 74-206 (1) (A) Hiring with Cindy Binkerd. At 10:02 a.m. Commissioner Connolly moved to enter into Executive Session under Idaho Code § 74-206 (1) (A) Hiring with Cindy Binkerd. Commissioner Connolly seconded the motion. Roll call vote: Commissioner Bailey - Aye; Commissioner Connolly - Aye. The motion passed. Executive Session under Idaho Code § 74-206 (1) (B) Personnel with Cindy Binkerd & Michael Rosedale. At 10:45 a.m. Commissioner Bailey stepped down from the Chair and moved to enter into Executive Session under Idaho Code § 74-206 (1) (B) Personnel with Cindy Binkerd & Michael Rosedale. Commissioner Connolly seconded the motion. Roll call vote: Commissioner Bailey - Aye; Commissioner Connolly - Aye. The motion passed. ________________________ The following is a summary of the Board of County Commissioners Special Meetings, (including Tax Cancellations, Assistance Meetings/Admin and other) Executive Sessions, Emergency Meetings and Hearings held during the week of December 26, 2017 - January 2, 2017 Copies of the complete meeting minutes are available upon request. TAX CANCELLATIONS & ASSISTANCE On Wednesday, December 27, 2017 Treasurer Cheryl Piehl met with the Board to discuss the following files: Approved: MHR021700A0050A - 2017; MH004680000010A - 2017; MH54N04W159050A - 2017; MH014130000020A - 2017; MH02462000026AA - 2017; MH58N01W03300LA - 2017; MH55N03W12810AA - 2017; MH55N02W04075LA - 2017 Denied: RPS04350070090A - 2017 Decision Postponed: RP014020010050A - 2017; RP014020010040A - 2017. On Wednesday, December 27, 2017 Assistance Director Kevin Rothenberger met with the Board to discuss the following files: Denied: 2018-010; 2017-066 Suspended SPECIAL MEETINGS & EXECUTIVE SESSIONS On Thursday, December 28, 2017 a Solid Waste/EM Update Meeting was held pursuant to Idaho Code §74-204(2). On Friday, December 29, 2017 an Executive Session with Human Resources, Prosecutors, and Justice Services was held pursuant to Idaho Code §74-204(2). SNP LEGAL 5274 MARCH 28, 2018
NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the Bonner County Planning and Zoning Commission will hold public hearings beginning at 5:30 p.m. on Thursday, April 19, 2018, in the 1st Floor Conference Room of the Bonner County Administration Building, 1500 Highway 2, Sandpoint, Idaho, to consider the following requests: File V496-18 Variance - Side Yard Setback - Jeff & Paula Oswald are requesting a 2.9-foot side yard setback where 5-feet is required for the extension of an eave over an existing walkway built in 1970. The property is +.144 acres and is located at 545 Bay Drive, Sagle, ID; Section 33, Township 57 North, Range 01 West. File V497-18 Variance - Water Front Setback - David & Brenda Arthur are requesting a bulk square footage increase within a waterfront setback, to allow for an addition on an existing structure built in 1976. The property is +.366 acres and is located at 474 Bayview Drive, Coolin, ID; Section 10, Township 59 North, Range 04 West. File S1943-18 Preliminary Plat - Quail Ridge 1st Addition, Replat - Spirit Lake North, LLC is requesting a subdivision of 80 acres of land creating 16 individual lots. The project is located 2.5 miles Northeast of the city of Spirit Lake. The project is located east of Cardinal lane off of Peregrine road Section 21, Township 54N, Range 4W. Proposed zoning at time of subdivision will be 5 acre minimums (See File ZC365-17). Any person needing special accommodations to participate in the public hearing should contact the Bonner County Planning Department at (208) 265-1458 at least 48 hours before the hearing. Written statements exceeding 1 standard letter-sized, single-spaced page must be submitted to the planning department no later than 5 days prior to the public hearing. Written statements longer than the 1 standard page will not be accepted at the public hearing. Comments can be sent to the Bonner County Planning Department at 1500 Highway 2, Suite 208, Sandpoint, Idaho 83864; faxed to (208) 265-1463 or e-mailed to planning@bonnercountyid.govAdditional information is available at the planning department. Staff reports are available at the planning department or may be viewed at http://bonnercounty.us/projects/ 7 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 Commissions from any final decision by the Bonner County Planning and Zoning Commission. (Bonner County Revised Code, Section 12-262) SNP LEGAL 5260 MARCH 28, 2018
NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the City of Ponderay Planning and Zoning Commission will hold a public hearing on Wednesday, April 11th, 2018 at 6:30 p.m., Council Chambers of Ponderay City Hall, 288 Fourth Street, Ponderay, Idaho, to consider the following requests: File ZC18-015 - Zone Change from Rural to Industrial - Lippert Excavation and Pipeline is requesting Special Use Permit (SUP) approval to change a 3.92-acre parcel from rural to industrial zoning district designation for the purpose of an excavation and construction contracting business and equipment yard. The property is currently in agricultural land use. The property is located at the north end of McNearney Road, in Section 2, Township 57 North, Range 2 West, Boise Meridian. Any person needing special accommodations to participate in the public hearing should contact the Ponderay Planning Department at (208) 265-5468 at least 48 hours before the hearing. All written comments will be accepted up until one week prior to the hearing. Written comments of less than one page and oral testimony will be accepted until the close of the public comment portion of the hearing. Comments may be mailed to Ponderay - City Planning, P.O. Box 500, Ponderay, ID 83852 or via e-mail to planner@ponderay.org. Additional information is available at the planning department. SNP LEGAL 5273 MARCH 28, 2018
PUBLIC NOTICE ORDINANCE NO. 593 AN ORDINANCE OF THE CITY OF PRIEST RIVER, IDAHO, ESTABLISHING AN OFFICIAL NEWSPAPER; REPEALING CONFLICTING ORDINANCES AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, it has come to the attention of the Mayor and City Council of the City of Priest River that the Priest River Times will no longer be published and therefore can no longer be used as the official newspaper of the City of Priest River; and, WHEREAS, the Bonner County Daily Bee is an Idaho newspaper of general circulation published within the county in which Priest River is situated. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Priest River, Idaho: Section 1: The Bonner County Daily Bee is hereby designated as the official newspaper of the City of Priest River. Section 2: All provisions of the current Priest River Municipal Code or ordinances of the City of Priest River, which conflict with the provision of this ordinance are hereby repealed to the extent of such conflict. Section 3: This ordinance shall full force and effect upon its passage and publication as provided by law. Passed by the City Council and approved by the Mayor, under suspension of the rules, as an Ordinance of the City of Priest River, Bonner County, Idaho, at a regular meeting of the Priest River City Council held on the 19th day of March, 2018. /S/: James L Martin, Mayor ATTEST: /S/: Laurel Thomas, CMC City Clerk/Treasurer SNP LEGAL 5263 MARCH 28, 2018
NOTICE TO CREDITORS (I.C. 15-3-801) Case No. CV: 18-0214 IN THE DISTRICT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN THE MATTER OF THE ESTATE OF Robert E. Paull (aka Jason Paull), Deceased NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated, and filed with the Clerk of the Court. DATED this 12th day of March, 2018. /S/: Gloria E. Ray, Personal Representative c/o ELTC Law Group, PLLC Denise M. Stewart, Attorney, ISB No. 9661 PO Box 301 Newport, WA 99156 (509) 447-3242 SNP LEGAL 5257 MARCH 21, 28, APRIL 4, 2018
NOTICE OF PUBLICATION SUMMONS Case No. 4-18-cv-102 (Removed from Idaho District Court, Teton County, Case No. CV 17-285) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO DAVID H. AND KATHLEEN HAAR, a married couple, Plaintiffs, vs. ROGER J. AND DANA HOOPES, a married couple, KANDLER FARMS, INC., an Idaho corporation, FIRST AMERICAN TITLE COMPANY, INC., an Idaho corporation; IDAHO STATE TAX COMMISSION, an Idaho agency; STATE OF IDAHO, ex rel. INDUSTRIAL COMMISSION, an Idaho agency; DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE, a United States Agency; VI-CORE, LLC; an Idaho limited liability company; JOEL PINON-MEDINA, an individual; CREDIT BUREAU OF EASTERN IDAHO, INC., an Idaho corporation; MAUGHAN FARMS, INC., a Montana corporation; COLBIE HOLDERNESS, an individual; SPENCER PAULSON; an individual; all heirs to the ESTATE OF ELIZABETH ANN HOOPES PAULSON; and GARY PAULSON, as personal representative of the ESTATE OF ELIZABETH ANN HOOPES PAULSON on behalf of all heirs; COMPUTERIZED FARMING, LLC, an Idaho limited liability company; RIVER RIM RANCH OWNERS ASSOCIATION, INC., an Idaho corporation; and DOES I-X, unknown individuals and/or entities, Defendants. TO: JOEL PINON MEDINA ADDRESS: UNKNOWN AND NOT ASCERTAINABLE Please take notice that on the 30th day of November, 2017, a civil action for declaratory judgment and to quiet title to real property legally described as Lot 11 in Block 3 of River Rim Ranch Planned Unit Development, Phase I, Teton County, Idaho, as per the plat recorded on May 11, 2004 as Instrument No. 161132 (the "Property") was filed against you and other defendants who may claim any right, title or interest in the Property, and that case is now pending in the United States District Court for the District of Idaho. You are required to file with the Clerk of this Court and serve upon the Plaintiffs' attorney an answer to the Complaint within twenty-one (21) days, following the last date of publication of this notice as indicated below. If you fail to do so, Default Judgment will be taken against you. Dated this 2nd day of March, 2018. BY CLERK OF COURT /s/ Carrie Smith, Clerk of District Court/Deputy Amy Wallace Potter (7780) GARLAND & POTTER, LLC 235 E. Broadway P.O. Box 4310 Jackson, WY 83001 (307) 733-0661 (307) 222-0530 (FAX) apotter@gfattorneys.com Attorney for Plaintiffs SNP LEGAL 5225 MARCH 7, 14, 21, 28, 2018
STATE TIMBER SALE CR200344, FREEBO A public oral auction will be conducted at the Idaho Department of Lands office, 2550 Highway 2 W., Sandpoint, ID 83864, at 9:00 a.m. local time, on Thursday, April 5, 2018 for an estimated 1,880 MBF of timber marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Treasurer, State of Idaho, or a bid bond acceptable to the State, in the amount of $50,859.80 which is 10% of the appraised net sale value of $508,598.00. The successful bidder's deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The average starting minimum bid price is $306.97 per MBF. The sale is located within Section 10, Township 56N, Range 05W, B.M., Bonner County, State of Idaho. Sale duration is 3 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department's timber sale website at http://web.idl.idaho.gov/timbersale/Search.aspx or from the Idaho Department of Lands office, Sandpoint, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 263-5104 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. SNP LEGAL 5226 MARCH 14, 21, 28, APRIL 4, 2018
PUBLIC NOTICE In accordance with IDAPA 13.01.16.750.02, Rules Governing the Trapping of Predatory and Unprotected Wildlife and Taking of Fur Bearing Animals, the 2017-2018 take season for river otters will close in each region 72 hours after the harvest quota has been met, which occurs when a total of forty (40) otters have been harvested in the Panhandle Region. This harvest limit was met at 3:15 p.m. PT on March 20, 2018. Therefore, pursuant to his authority under Idaho Code Section 36-106(e)(6)(A), the Idaho Department of Fish and Game Director hereby orders that the 2017-2018 river otter take season in the Panhandle Region be closed, effective March 23, 2018 at 3:15 p.m. The Panhandle Region is defined in the Rules Governing the Trapping of Predatory and Unprotected Wildlife and Taking of Fur Bearing Animals as Benewah, Bonner, Boundary, Kootenai, and Shoshone counties. A toll-free number, 1-800-323-4334, may be called for current information regarding season status around the state. For further information, contact the regional furbearer biologist in the Panhandle Region, Monday through Friday, 8 a.m. to 5 p.m. at 208-769-1414. Copies of Order 18-19 are available at the Idaho Department of Fish and Game Headquarters, 600 South Walnut, PO Box 25, Boise, Idaho 83707. DATED this 21st day of March 2018. IDAHO FISH AND GAME COMMISSION Virgil Moore, Secretary SNP LEGAL 5266 MARCH 27, 28, 2018
NOTICE TO CREDITORS (I.C. 15-3-801) Case No. CV-2018-0215 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER MAGISTRATE DIVISION IN THE MATTER OF THE ESTATE OF ALLAN R. MARLEY Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated, and filed with the Clerk of the Court. DATED this 9th day of March, 2018. /S/: Dalyn H. Marley P.O. Box 222 Ponderay, ID 83852 Phone: (208) 255-6741 LARRY M. DAVIDSON Attorney at Law 101 N. 4th Ave., Ste. 104 Sandpoint, ID 83864 Phone: (208) 255-1323 ISB NO. 6685 SNP LEGAL 5241 MARCH 14, 21, 28, 2018
PUBLIC NOTICE NOTICE IS HEREBY GIVEN that, pursuant to Idaho Code 50-2006, the Priest River Urban Renewal Agency has filed a report of its 2017 activities in the office of the Priest River City Clerk. The report describes the urban renewal agency's activities for the preceding year and includes a complete financial statement. The report is available for inspection during business hours in the office of the City Clerk and the office of the Priest River Urban Renewal Agency, both located at 552 High Street, Priest River, Idaho, 83856. For further information, please call (208) 448-2123. SNP LEGAL 5264 MARCH 28, 2018
T.S. No. 060867-ID Parcel No.: RP 02451000008A A NOTICE OF TRUSTEE'S SALE On 7/24/2018 at 9:00 AM (recognized local time), on the FRONT STEPS OF THE MAIN ENTRANCE TO THE BONNER COUNTY COURTHOUSE, located at 215 S. 1ST AVENUE, SANDPOINT, ID 83864, in the County of Bonner, SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP as trustee, will sell at public auction, to the highest bidder, for cash, in lawful money of the United States, 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: LOT 8 OF TAMARACK VILLAGE, FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN BOOK 4 OF PLATS, PAGE 145, RECORDS OF BONNER COUNTY, IDAHO. The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the address of: 159 MOUNTAIN ASH DRIVE, SAGLE, ID 83860, is commonly associated with said real property. 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 Y DERR, AN UNMARRIED WOMAN, as Grantor(s), to ALLIANCE TITLE AND ESCROW CORP., as Trustee, for the benefit and security of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., SOLELY AS NOMINEE FOR GN MORTGAGE, LLC., A WISCONSIN LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS, as Beneficiary, dated 4/30/2003, recorded 5/5/2003, as Instrument No. 623992, official records of Bonner County, Idaho. Please note: The above named Grantors are named to comply with Idaho Code Section 45-1506(4)(a); no representation is made that they are, or are not, presently responsible for the obligation. The default for which this sale is to be made is the failure to make monthly payments when due from 11/1/2016 and all subsequent monthly payments thereafter, including installments of principal, interest, impounds, advances, plus any charges lawfully due under the note secured by the aforementioned Deed of Trust, Deed of Trust and as allowed under Idaho Law. The sum owing on the obligation secured by said Deed of Trust as of 3/12/2018 is $70,739.38 including interest, costs, fees, including trustee and/or attorney fees and costs, and expenses actually incurred in enforcing the obligation thereunder or in this sale and to protect the security associated with the Deed of Trust, as authorized in the Note, Deed of Trust or as allowed under Idaho Law. Because interest, late charges, fees, costs and expenses continue to accrue, the total amount due varies from day to day. Hence, if you pay the amount shown above, an adjustment may be necessary after receipt of funds to satisfy the debt. For further information, write the Trustee at 4375 Jutland Drive, Ste. 200, San Diego, CA 92117, or call (866)931-0036 DATED: 3/12/2018 SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP SNP LEGAL 5246 MARCH 28, APRIL 4, 11, 18, 2018
ADVERTISEMENT FOR BIDS Bids are solicited by the West Pend Oreille Fire District, for a building addition for Station #3, and construction of a new Station #4 in Priest River, Idaho. Sealed bids will be received at West Pend Oreille Fire District, at 61 Airfield Way, Priest River, ID 83856 on April 26, 2018 @6:00 PM PST. Bids will be publically opened at that time. The following Description of Work is written for the Bidder's Convenience and is generic in nature: Work includes construction or alteration of two fire stations near Priest River, Idaho. Station #3 involves the addition of approximately 1,440 SF single-story, shedroofed, wood stud, slab-on-grade construction. Station #4 involves the construction of an approximately 3,880 SF shop building, single-story, wood stud, slab on grade construction. Site work includes clearing and removal of topsoil, excavation for building foundations, utitlity connections, backfill, concrete sidewalks and curbs, asphaltic paving, and grading. Building work includes concrete foundations, slabs, wood stud and prefabricated wood truss structure, insulation, gypsum wallboard interior finishes, metal roofing, vinyl windowns, hollow metal and wood doors, builder's hardware, painting and pre-finished metal siding. Electrical work includes, site utilities, electrical service, site lighting, interior lighting, exhaust fans, power distribution and devices, data conduit, and connections to Owner-provided equipment. Mechanical work includes site utilities, gas piping, waste/vent and domestic water piping, and the installation of (2) gas unit heaters at Station #4 and a split system at Station #3. Interested Bidders may secure copies of the Bidding Documents from the Architect: Paul Matthews Architects, PLLC 8052 W. Main Street Rathdrum, ID 83858 (208) 687-0300 on the following basis: Printed copy: $50.00 or downloadable copy by contacting the Architect. SNP LEGAL 5278 MARCH 28, 2018