Legals for January, 18 2023
NOTICE OF HEARING ON NAME CHANGE Case No. CV09-22-1724 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN RE: JEDEDIAH W. KHAMPANE, A petition to change the name of JEDEDIAH W. KHAMPANE, now residing in the City of SANDPOINT, State of Idaho, has been filed in the District Court in Bonner County, Idaho. The name will change to JEDEDIAH W. SACHEN. The Reason for the change in name is: TO MATCH THE SAME LAST NAME OF MY FATHER AND SIBLINGS. A hearing on the petition is scheduled for 11 o’clock a.m. on 2/1/2023 at the Bonner County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: Dec. 21, 2022 CLERK OF THE DISTRICT COURT /s/Charity L. Hadley Deputy Clerk Legal#4770 AD#3973 December 28, 2022; January 4, 11, 18, 2023 _________________________
NOTICE OF SHERIFF’S SALE OF REAL PROPERTY DATE OF SALE: 01/25/23 TIME OF SALE: 10:00 a.m. PLACE OF SALE: Bonner County Sheriff’s Office 4001 N Boyer Road Sandpoint, ID 83864 No. CV09-22-0650 Sheriff’s Case No. C22-1334 IN THE DISTRCT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER SPOKANE TEACHERS CREDIT UNION, its successors and/or assigns, Plaintiff, vs. LARRY G. GIBSON, deceased, The Estate of LARRY G. GIBSON, Spouse of LARRY G. GIBSON, BECKY RADDER, heir to Larry G. Gibson, JOHN HOPKINS, heir to Larry G. Gibson, All unknown Heirs to Larry G. Gibson, All Occupants of 334 Glidden Avenue, Priest River, Idaho 83856, Does 1-10 as individuals with an interest in the real property commonly known as 334 Glidden Avenue, Priest River, Idaho 83856 Defendants. Under and by virtue of a Decree of Foreclosure and Judgment (“Judgment”) issued by the District Court in Bonner County, on October 20, 2022, and Order for Sale, on October 20, 2022, respectively, wherein Spokane Teachers Credit Union, Plaintiff, recovered Judgment against certain Defendants, and under and by virtue of a Writ of Execution issued out of the above-entitled Court, I am commanded to sell, at public auction, in the manner prescribed by law, the following real property, commonly known as 334 Glidden Avenue, Priest river, Idaho 83856, and particularly described as follows: LOT 1 IN BLOCK 8 OF FAIRPORT ADDITION TO PRIEST RIVER, ACCORDING TO THE PLAT THEREOF, RECORDED IN BOOK 1 OF PLATS, PAGE 190, RECORDS OF BONNER COUNTY, IDAHO. PUBLIC NOTICE IS HEREBY GIVEN that on the 25th day of January, 2023, at the hour of 10:00 o’clock, A.M., of said day, at the Bonner County Sheriff’s Office Lobby located at 4001 N Boyer Road, Sandpoint, Idaho 83864, I will, in obedience to said Judgment, Order for Sale and Writ of Execution, sell the above-described real property, or so much thereof as may be necessary to satisfy the Judgment aforesaid, as provided in the above Judgment, with interest thereon and costs, to the highest bidder for certified funds in U.S. currency, or credit bid by the judgment lienholder, Spokane Teachers Credit Union. The Sheriff, by Certificate of Sale, will transfer the right, title and interest of the judgment debtor in and to the real property at the time the execution or attachment was levied. The Sheriff shall also give possession but does not guarantee clear title nor continued possessory right to the purchaser. The sheriff sells all real property “as is”, “whereas”, and without any guarantee or warranty whatsoever. All Bidders must register with the Sheriff prior to the start of the sale and must have in their possession sufficient certified funds in U.S. currency is due by 3 P.M. on the day of the sale. Information concerning the property may be obtained from: Tricia D. Usab with Paine Hamblen LLP, 717 W. Sprague Avenue, Suite 1200, Spokane, Washington 99201, 509.455.6000. The afore-described parcel of real property, to-wit: 334 Glidden Avenue, Priest River, Bonner County, Idaho, is subject to redemption within six (6) months after the sale, pursuant to Section 11-402, Idaho Code. GIVEN UNDER my hand this 28th day of December 2022. Daryl Wheeler Sheriff of Bonner County By: /s/Lacey Washburn Civil Clerk Legal#4784 AD#4172 January 4, 11, 18, 2023 _________________________
NOTICE TO CREDITORS Case No. CV-09-22-1661 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN THE MATTER OF THE ESTATE OF: ELIZABETH HUBBARD, Deceased. NOTICE IS HEREBY GIVEN that WAYNE THOMAS CAMPBELL has been appointed personal representative of the Estate of ELIZABETH HUBBARD, deceased. 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 filed with the Clerk of the Court and presented to the undersigned attorney for the Personal Representative at the following address: 301 Cedar Street, Suite 203, Sandpoint ID 83864. DATED this 28th day of December, 2022. SNEDDEN LAW, P.C. By: /s/ Stephen Snedden Attorney for Personal Representative Legal#4783 AD#4173 January 4, 11, 18, 2023 _________________________
NOTICE TO CREDITORS Case No. CV09-22-1589 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN THE MATTER OF THE ESTATE OF: ARVIN G. OCKERT, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said decedent 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 TERRY JOE OCKERT, Personal Representative of the above Estate, c/o Lake City Law Group PLLC at 120 E. Lake St. Ste. 202, Sandpoint, ID 83864, and filed with the Court. DATED December 29, 2022. /s/Terry Joe Ockert Personal Representative of the Estate of ARVIN G. OCKERT, Deceased. FONDA L. JOVICK, ISBA #7065 LAKE CITY LAW GROUP PLLC 120 E. Lake St. Ste. 202 Sandpoint, ID 83864 Telephone: (208) 448-1300 Facsimile: (208) 448-2100 fljefiling@lclattorneys.com Legal#4786 AD#4180 January 4, 11, 18, 2023 _________________________
NOTICE OF HEARING ON NAME CHANGE Case No. CV09-22-1768 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN RE: Malia Rohletter, A petition to change the name of Malia Rohletter, now residing in the City of Priest River, State of Idaho, has been filed in the District Court in Bonner County, Idaho. The name will change to Malia Cozine. The Reason for the change in name is: Religious Reason. A hearing on the petition is scheduled for 11:00 o’clock a.m. on 2/8/23 at the Bonner County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: Dec 29, 2022 CLERK OF THE DISTRICT COURT /s/M.K. Larson Deputy Clerk Legal#4788 AD#4215 January 4, 11, 18, 25, 2023 _________________________
ORDINANCE NO. 686 MANFRED ZONE CHANGE FILE NO. ZC0016-22 AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF BONNER COUNTY BY THE RECLASSIFICATION OF LANDS GENERALLY LOCATED IN SECTION 24, TOWNSHIP 60 NORTH, RANGE 5 WEST FROM RURAL 5 TO RECREATION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Bonner County Zoning Commission did hold a public hearing on November 17, 2022 on the File ZC0016-22 request for a change in zoning designation according to the requirements for such hearings set forth at Section 67-6509, Idaho Code, and at Title 12, Bonner County Revised Code; and WHEREAS, the Bonner County Zoning Commission did find that the zone change request File ZC0016-22 is in accordance with the Bonner County Comprehensive Plan and did recommend to the Board of County Commissioners that the zone change request be approved; and WHEREAS, the Board of County Commissioners did hold a public hearing on December 21, 2022 on the File ZC0016-22 request for a change in zoning designation according to requirements of such hearings set forth at Section 67-6509, Idaho Code and at Title 12 of the Bonner County Revised Code; and WHEREAS, the Board of County Commissioners did find that the zone change request File ZC0016-22 is in accordance with the Bonner County Comprehensive Plan; NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners that the following be and is hereby adopted as an ordinance of Bonner County, Idaho: SECTION 1: AUTHORITY This ordinance is adopted pursuant to authority granted to Bonner County at Chapter 65 of Title 67, Idaho Code. SECTION 2: AMENDING THE OFFICIAL ZONING MAP The Official Zoning Map of Bonner County, Idaho is hereby amended by the reclassification of the following described lands from Rural 5 to Recreation: A PARCEL OF LAND WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 60 NORTH, RANGE 5 WEST, BOISE MERIDIAN, BONNER COUNTY, IDAHO, BEING SHOWN AS TRACT B ON THE RECORD OF SURVEY FILED AS INSTRUMENT # 327183, RECORDS OF BONNER COUNTY, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE CENTER OF SECTION 24 AS MONUMENTED BY THE U.S. BUREAU OF LAND MANAGEMENT IN 1974, THENCE S 04°26’55” W ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 24, 669.49 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE N 87°11’23” W ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 303.56 FEET TO THE NORTHEAST CORNER OF SAID TRACT B, SAID POINT BEING THE POINT OF BEGINNING; THENCE S 00°01’34” E ALONG THE EAST LINE OF TRACT B, 180.45 FEET TO THE SOUTHEAST CORNER OF TRACT B; THENCE N 87°12’55” W ALONG THE SOUTH LINE OF TRACT B, 301.29 FEET TO THE SOUTHWEST CORNER OF TRACT B; THENCE N 00°01’34” E ALONG THE EAST LINE OF LOT 1 OF THE THICKET ESTATES 9FILED AS INSTRUMENT # 159854) AND THE SOUTHERLY EXTENSION THEREOF, ALSO BEING THE WEST LINE OF TRACT B, 180.58 FEET TO THE NORTHWEST CORNER OF TRACT B; THENCE S 87°11’23” E ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 301.29 TO THE POINT OF BEGINNING. CONTAINING 1.25 ACRES, MORE OR LESS. & ATTACH SURVEYORS LEGAL W/PDF Said parcel # RP60N05W244975A containing approximately 1.25 acres SECTION 3: EFFECTIVE DATE This ordinance shall be in full force and effect upon its passage, approval and publication in one (1) issue of the Bonner County Daily Bee Newspaper, and upon the entry of the above described zoning reclassification upon the Official Zoning Map or a Supplemental Zoning Map in accordance with the provisions set forth at Chapter 4 of Title 12 of the Bonner County Revised Code. Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 3rd day of January, 2023, upon the following roll call vote: Chairman Dan McDonald: Aye Commissioner Jeff Connolly: Aye Commissioner Steve Bradshaw: Aye BONNER COUNTY BOARD OF COMMISSIONERS /s/Dan McDonald, Chairman /s/Jeff Connolly, Commissioner /s/Steve Bradshaw, Commissioner ATTEST: Michael W. Rosedale, Clerk /s/Claire May By Clerk Date1/3/2023 Legal: /s/B.Wilson Legal#4792 AD#4280 January 18, 2023 _________________________
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING November 22, 2022 CLERK Approved Resolution #2022-100 authorizing the Clerk to transfer cash of $150,000 from the Grant Fund 047-8905 to Self – Insured Medical Fund 082-5500. ROAD & BRIDGE Approved the 1st Amendment to Addendum H to the service Level Agreement for electronic transaction and access for payport electronic payments to the Bonner County Road & Bridge Department and to sign accordingly. JUSTICE SERVICES Approved the Bonner County Justice Services Juvenile Justice 21/22 Annual Report to Idaho Department of Juvenile Corrections as prepared by Justice Services. BOCC Approved the Order of Annexation of the Diamond Park Subdivision, located in Bonner County, Idaho into the North of the Narrows Fire District. Approved the Order of Annexation of two parcels, located in Bonner County, Idaho into the Northside Fire District. Approved the Order of Annexation of 49 parcels, located in Bonner County, Idaho into the West Pend Oreille Fire District. The meeting was recessed at 9:24 a.m. The meeting was reconvened at 9:28 a.m. EXECUTIVE SESSION At 9:28 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206 (1) (F) Litigation. Commissioner Connolly seconded the motion. Roll Call Vote: Commissioner McDonald – aye. Commissioner Connolly – aye. Commissioner Bradshaw – Aye. All in favor. The motion passed. The meeting was reconvened at 9:48 a.m. Commissioner McDonald adjourned the meeting at 9:48 a.m. _________________________ 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 November 15, 2022 – November 21, 2022 Copies of the complete meeting minutes are available upon request. SPECIAL MEETINGS & EXECTUIVE SESSIONS On Thursday, November 17, 2022 an Election Canvass was held pursuant to Idaho Code §74-204 (2). On Thursday, November 17, 2022 an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. Legal#4813 AD#4536 January 18, 2023 _________________________
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING November 29, 2022 CLERK Approved payment of the FY23 Claims: General Fund: $47,873.25; Road & Bridge: $206,810.24; Airport: $2,603.30; Elections: $7,823.77; Drug Court: $235.93; District Court: $2,204.62; 911 Fund: $24,137.34; Indigent and Charity: $68.62; Revaluation: $1,698.38; Solid Waste: $540,004.85; Tort: $2,401.85; Weeds: $14.97; Parks & Recreation: $2,168.58; Justice Fund: $75,742.18; Priest Lake Snowmobile: $255.13; Waterways: $2,013.15; Grants: $35,900.97; and Demands in Batch #4: $672,708.02; Totaling $1,624,665.15. Approved payment of the FY23 EMS Claims in Batch #4 Totaling $28,290.49. ROAD & BRIDGE Approved Resolution #2022 - 101, authorizing the Clerk to open the Road and Bridge FY2023 budget and add unanticipated revenues to the Bonner County Road and Bridges “B” Budget for the sum of $970,099.59 as detailed in the Resolution. AIRPORT Approved this lease assignment as presented. RECREATION Signed the request for final reimbursement of grant #21-DG-11010400-018 in the amount of $25,501.20. The meeting was recessed at 9:15 a.m. The meeting was reconvened at 9:21 a.m. EXECUTIVE SESSION At 9:21 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206 (1) (D) Records Exempt. Commissioner Connolly seconded the motion. Roll Call Vote: Commissioner McDonald – aye. Commissioner Connolly – aye. Commissioner Bradshaw – Aye. All in favor. The motion passed. The meeting was reconvened at 9:24 a.m. Commissioner Bradshaw made a motion to approve this sole source procurement for the purchase of implementing compute, storage, disaster recovery, and high availability technologies in the amount of $136,329.89, and for the Chairman to sign the agreement administratively. Commissioner Connolly seconded the motion. All in favor. The motion passed. EXECUTIVE SESSION At 9:26 a.m. Commissioner Connolly made a motion to go into Executive Session under Idaho Code § 74-206 (1) (F) Litigation. Commissioner Bradshaw seconded the motion. Roll Call Vote: Commissioner McDonald – aye. Commissioner Connolly – aye. Commissioner Bradshaw – Aye. All in favor. The motion passed. The meeting was reconvened at 9:53 a.m. Commissioner McDonald adjourned the meeting at 9:53 a.m. _________________________ 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 November 22, 2022 – November 28, 2022 Copies of the complete meeting minutes are available upon request. No Special Meetings or Executive Sessions were held during the week of November 22, 2022 through November 28, 2022. Legal#4814 AD#4537 January 18, 2023 _________________________
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING December 6, 2022 EMERGENCY MANAGEMENT Approved Resolution #2022-102 and declare a local disaster emergency no longer exists in Bonner County, Idaho. This resolution Terminates Resolution #22-93 regarding the Rocky Point Road Mudslide. HUMAN RESOURCES Approved commencing with recruitment for the Bonner County Public Defender, December 6, 2022. Commissioner McDonald recessed the meeting at 9:04 a.m. Commissioner McDonald reconvened the meeting at 9:09 a.m. EXECUTIVE SESSION At 9:09 a.m. Commissioner Connolly made a motion to go into Executive Session under Idaho Code § 74-206 (1) (F) Litigation. Commissioner Bradshaw seconded the motion. Roll Call Vote: Commissioner McDonald – aye. Commissioner Connolly – aye. Commissioner Bradshaw – Aye. All in favor. The motion passed. The meeting was reconvened at 9:47 a.m. Commissioner McDonald adjourned the meeting at 9:47 a.m. _________________________ 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 November 29, 2022 – December 7, 2022 Copies of the complete meeting minutes are available upon request. TAX CANCELLATIONS On Wednesday, November 30, 2022 Tax Cancellations were held pursuant to Idaho Code §74-204 (2). The Following Files were Approved: Multiple Parcels. SPECIAL MEETINGS On Monday, December 5, 2022 a Department Head Meeting was held pursuant to Idaho Code §74-204 (2) Legal#4815 AD#4538 January 18, 2023 _________________________
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING December 13, 2022 Approved payment of the FY23 Claims: General Fund: $150,369.93; Road & Bridge: $107,987.51; Airport: $3,957.48; Elections: $2,981.32; Drug Court: $28.14; District Court: $19,504.68; 911 Fund: $4,626.87; Court Interlock: $490.00; Indigent and Charity: $1,015.31; Junior College Tuition: $800.00; Revaluation: $1,364.33; Solid Waste: $490,025.38; Tort: $526.25; Weeds: $103.24; Parks and Recreation: $245.19; Justice Fund: $115,136.01; Waterways: $3,259.95; Grants: $53,779.08; Self Insured Medical: $638.20; Northside Fire: $1,570.00; Spirit Lake Fire: $5,175.00; Auditors Trust: $50.07; and Demands in Batch #5: $100,983.27; Totaling $1,064,617.21. Approved payment of the FY23 EMS Claims & Demands in Batch #5 Totaling $24,676.74. Approved Resolution #2022-104 authorizing the Clerk to transfer cash of $906,000 from the Grant Fund 047 -8905 to the Self-Insured Medical Fund 082-5500. Approved Resolution #2022-105 authorizing the Clerk to open up the budget and transfer $23,000.00 of fund balance carryover, thereby increasing line item 007-9350. GIS Signed the Memorandum of Understanding with the City of Sandpoint. ROAD & BRIDGE Adopted Mineral Ridge Road and Vintage Road into the County owned maintenance system. BOCC Approved the engagement letter with Hayden Ross for the external audit of FY2022 for the cost of $55,000.00. PLANNING Approved Resolution #2022-106 establishing a moratorium on certain de-annexed land from the City of Priest River. Commissioner McDonald recessed the meeting at 9:17 a.m. Commissioner McDonald reconvened the meeting at 9:22 a.m. EXECUTIVE SESSION At 9:22 a.m. Commissioner Connolly made a motion to go into Executive Session under Idaho Code § 74-206 (1) (A) Hiring and § 74-206 (1) (B) Personnel. Commissioner Bradshaw seconded the motion. Roll Call Vote: Commissioner McDonald – aye. Commissioner Connolly – aye. Commissioner Bradshaw – Aye. All in favor. The motion passed. EXECUTIVE SESSION At 9:25 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206 (1) (F) Litigation. Commissioner Connolly seconded the motion. Roll Call Vote: Commissioner McDonald – aye. Commissioner Connolly – aye. Commissioner Bradshaw – Aye. All in favor. The motion passed. The meeting was reconvened at 9:43 a.m. Commissioner Connolly made a motion to sign the MOU between the BOCC and the Prosecutor’s Office. Commissioner seconded the motion. All in favor. The motion passed. Commissioner McDonald adjourned the meeting at 9:43 a.m. _________________________ 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 6, 2022 – December 12, 2022 Copies of the complete meeting minutes are available upon request. ASSISTANCE On Wednesday, December 7, 2022 Assistance was held pursuant to Idaho Code §74-204 (2). Commissioner Connolly made a motion to remand the bid over to the Airport Director for review and recommendation. Commissioner McDonald stepped down from the Chair and seconded the motion. All in favor. The motion passed. SPECIAL MEETINGS & EXECUTIVE SESSIONS On Tuesday, December 6, 2022 a Bid Opening for the Airport was held pursuant to Idaho Code §74-204 (2). On Wednesday, December 7, 2022 a Panhandle Health District Representative Workshop was held pursuant to Idaho Code §74-204 (2). On Wednesday, December 7, 2022 a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Connolly made a motion to approve the recommended updates to the Property Rights and the Recreation components of the Comprehensive Plan, File AM0015-22, as amended in this hearing, finding that it is in accord with the requirements of Idaho Code §67-6508 and the procedures of Idaho Code §67-6509. This action does not result in a taking of private property. Adding the City of Priest River comments and the Idaho Fish and Game comments as discussed. Commissioner McDonald stepped down from the Chair and seconded the motion. Roll Call Vote: Commissioner McDonald – Aye. Commissioner Connolly – Aye. The motion passed. Commissioner Connolly made a motion to approve Resolution # 2022-103, adopting the recommended updates to the Property Rights and the Recreation components of the Comprehensive Plan and repealing the previously adopted Property Rights and Recreation components in the Comprehensive Plan. Commissioner McDonald stepped down from the Chair and seconded the motion. Roll Call Vote: Commissioner McDonald – Aye. Commissioner Connolly – Aye. The motion passed. On Friday, December 9, 2022 an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. On Monday, December 12, 2022 a Road & Bridge Update was held pursuant to Idaho Code §74-204 (2). Legal#4816 AD#4539 January 18, 2023 _________________________
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING December 20, 2022 ROAD & BRIDGE Approved a letter to the United States Forest Service consenting to the termination of the County’s easement and maintenance obligations for Antelope Road 276 B, also known as Lower Mosquito Creek Road, and authorized the Chairman to sign the letter administratively. Approved Resolution #2022 - 108, authorizing the Clerk to open the Road and Bridge FY2023 budget and add unanticipated revenues to the Bonner County Road and Bridges “B” Budget for the sum of $369,927.24 as detailed in the Resolution. Approved the FY2022 Annual Road and Street Financial Report and have the Board certify and sign the report administratively. RISK MANAGEMENT Approved the signing of the TriStar service contract period of October 1, 2022 through September 30, 2023. There is no additional cost since TriStar was already paid by the broker (Redman Insurance) as part of our 10/1/22 renewal process. CLERK Approved Resolution #2022- 109 that allows the Elections Office to dispose of the election records listed herein. JUSTICE SERVICES Approved the Bonner County Justice Services Juvenile Justice 21/22 Annual Report to the Idaho Department of Juvenile Corrections as prepared by Justice Services. WEEDS Approved the 2023 Selkirk Cooperative Weed Management Area’s Annual Operating Plan and associated cost share application for a request from the Idaho State Department of Agriculture in the amount of $17,325.00 with approximately $8000.00 to benefit Bonner County. Approved the 2022 Selkirk Cooperative Weed Management Area End-of-Year Report for submission to the Idaho State Department of Agriculture. PLANNING Accepted the completion of all improvements for project S0002-21 and approve the release of 100% of the amount of the surety, $418,515.00 (surety bond #CIC1913814) submitted to Bonner County. TREASURER Approved Resolution #2022-110 to transfer the excess tax sale funds to the Idaho State Treasurer. The time for recorded parties of interest and record owners to make a claim for the overage has passed. The state has better resources to manage the funds and locate the owners. This resolution has been approved by legal. Approved the payment of excess tax sale funds in the amount of $64,710.49 to Kootenai County Assistance, a Department of Kootenai County. The time for recorded parties of interest and record owners to make a claim for the overage has passed. This is the only claim received for RP002130010030A. This has been reviewed and approved by legal. Commissioner McDonald adjourned the meeting at 9:29 a.m. _________________________ 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 13, 2022 – December 19, 2022 Copies of the complete meeting minutes are available upon request. TAX CANCELLATIONS On Wednesday, December 14, 2022 Tax Cancellations were held pursuant to Idaho Code §74-204 (2). The Following Files were Approved: Multiple Parcels. SPECIAL MEETINGS & EXECUTIVE SESSIONS On Tuesday, December 13, 2022 a USFS Update for the Airport was held pursuant to Idaho Code §74-204 (2). On Tuesday, December 13, 2022 a Planning Update was held pursuant to Idaho Code §74-204 (2). On Thursday, December 15, 2022 an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. On Monday, December 19, 2022 a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Bradshaw made a motion to approve this petition, FILE VS0002-21, to vacate a portion of Camp Bay Road as shown on the submitted site plan finding that it is in accord with Idaho Code §40-203 as enumerated in the foregoing conclusions of law, and based upon the evidence submitted up to the time the Staff Report was prepared and testimony received at this hearing. I further move to adopt the findings of fact and conclusions of law as set forth in the Staff Report and direct planning staff to draft written findings and conclusions to reflect this motion and transmit to all interested parties. The action that could be taken to obtain the vacation is to complete the Conditions of Approval as adopted. This action does not result in a taking of private property. Commissioner Connolly seconded the motion. Roll Call Vote: Commissioner McDonald – Aye. Commissioner Connolly – Aye. Commissioner Bradshaw – Aye. The motion passed. Commissioner Connolly made a motion to approve resolution #2022-107 vacating a portion of Camp Bay Road as shown on the submitted site plan. Commissioner Bradshaw seconded the motion. Roll Call Vote: Commissioner McDonald – Aye. Commissioner Connolly – Aye. Commissioner Bradshaw – Aye. The motion passed. Legal#4817 AD#4540 January 18, 2023 _________________________
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING December 27, 2022 CLERK Approved payment of the FY23 Claims and Demands in Batch #6 Totaling $771,139.81. Approved payment of the FY23 EMS Claims in Batch #6 Totaling $46,630.72. HUMAN RESOURCES Approved the requested changes to Bonner County Personnel Policy Manual by adding the Montana State Addendum which specifically pertains to employees who work in the State of Montana effective December 27, 2022. Approved commencing with recruitment for Detention Sergeant, Sheriff’s Office Jail, December 27, 2022. Approved Resolution #2022-112 that Human Resources destroy the above described files, following Title 74, Chapter 1 Public Records Act rules. ASSESSOR Approved the license Agreement as presented between Bonner County and Selkirk Multiple Listing Service, Inc. for access to shared data and information. The meeting was recessed at 9:10 a.m. The meeting was reconvened at 9: a.m. EXECUTIVE SESSION At 9:22 a.m. Commissioner Connolly made a motion to go into Executive Session under Idaho Code § 74-206 (1) (F) Litigation. Commissioner McDonald stepped down from the Chair and seconded the motion. Roll Call Vote: Commissioner McDonald – aye. Commissioner Connolly – aye. All in favor. The motion passed. The meeting was reconvened at 9:54 a.m. 10:00 A.M. EXECUTIVE SESSION At 9:55 a.m. Commissioner Connolly made a motion to go into Executive Session under Idaho Code § 74-206 (1) (F) Litigation. Commissioner McDonald stepped down from the Chair and seconded the motion. Roll Call Vote: Commissioner McDonald – aye. Commissioner Connolly – aye. Commissioner Bradshaw – Aye. All in favor. The motion passed. Commissioner McDonald reconvened the meeting at 10:47 a.m. Commissioner Connolly made a motion to approve the contract with Naylor and Hales on the recommendation of the prosecuting attorney “As the Prosecuting Attorney for Bonner County having analyzed the circumstances of the civil lawsuit, Bauer v Bonner County, it is my opinion that outside counsel is necessary to assist in the defense of this matter. It is my request and recommendation that the Board of County Commissioners approve the legal services agreement of Naylor and Hales, with Kirtan Naylor as principal attorney to enter a formal appearance in this lawsuit and provide assistance to current defense counsel.” Commissioner McDonald stepped down from the Chair and seconded the motion. All in favor. The motion passed. Commissioner McDonald adjourned the meeting at 10:48 a.m. _________________________ 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 20, 2022 – December 26, 2022 Copies of the complete meeting minutes are available upon request. ASSISTANCE On Wednesday, December 21, 2022 Assistance was held pursuant to Idaho Code §74-204 (2). The Following Files were Approved: 2023-1473-1. SPECIAL MEETINGS & EXECUTIVE SESSIONS On Wednesday, December 21, 2022 an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation & (1) (B) Personnel. On Monday, December 21, 2022 a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Connolly moved to approve FILE ZC0016-22, requesting a zone change from Rural-5 to Recreation, finding that it is in accord with the general and specific objectives of the Bonner County Comprehensive Plan and Bonner County Revised Code as enumerated in the following conclusions of law, and based upon the evidence submitted up to the time the Staff Report was prepared, and testimony received at this hearing. I further move to adopt the findings of fact and conclusions of law as set forth in the Staff Report (or as amended during the hearing) and direct planning staff to draft written findings and conclusions to reflect this motion, have the Chairman sign, and transmit to all interested parties. This action does not result in a taking of private property. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner McDonald – Aye, Commissioner Connolly – Aye, Commissioner Bradshaw – Aye. All in favor. The motion passed. Commissioner Bradshaw made a motion to remand this file back to the Planning Commission and applicant for completion of a comp. plan amendment and to update the development agreement with more detail. Commissioner Connolly seconded the motion. Commissioner McDonald – Aye, Commissioner Connolly – Aye, Commissioner Bradshaw – Aye. All in favor. The motion passed. Commissioner Connolly moved to approve the recommended updates to the goals, objectives and policies of the Comprehensive Plan, File AM0012-22, as presented or as amended in this hearing, finding that it is in accord with the requirements of Idaho Code §67-6508 and the procedures of Idaho Code §67-6509. This action does not result in a taking of private property. Commissioner Bradshaw seconded the motion. Commissioner McDonald – Aye, Commissioner Connolly – Aye, Commissioner Bradshaw – Aye. All in favor. The motion passed. Commissioner Bradshaw moved to approve Resolution #2022-111 adopting the recommended updates to the goals, objectives and policies of the Comprehensive Plan and repealing the previously adopted goals, objectives and policies in the Implementation Section. Commissioner Connolly seconded the motion. Commissioner McDonald – Aye, Commissioner Connolly – Aye, Commissioner Bradshaw – Aye. All in favor. The motion passed. Commissioner Bradshaw moved to amend the recommended adoption to the Community Design component of the Comprehensive Plan, as discussed during this hearing and direct the Planning Staff to present the amended recommendation in a future public hearing with further notice in accord with the procedures set forth in Idaho State Code Section 67-6509. This action does not result in a taking of private property. Commissioner Connolly seconded the motion. Commissioner McDonald – Aye, Commissioner Connolly – Aye, Commissioner Bradshaw – Aye. All in favor. The motion passed. Legal#4818 AD#4541 January 18, 2023 _________________________
LEGAL NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-12815 DANIEL ARNOLD 519 ASH ST CHENEY, WA 99004-2249 Point of Diversion NWSW S2 T55N R04W BONNER County Source PEND ORIELLE RIVER Tributary COLUMBIA RIVER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 09-28-2022 Place Of Use: DOMESTIC T55N R04W S2 L4(NWSW),NWSW Place Of Use: DOMESTIC T55N R04W S3 L4(NESE),NESE 96-12838 RICK BONNEAU 246 LEGACY WOODS MANOR CALGARY, AB 83856 Point of Diversion L3(NWSE) S28 T56N R05W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 09-29-2022 Place Of Use: DOMESTIC T56N R05W S28 L3(NWSE) 96-14053 JIMMY F WARD 135 HARMONY HILL LN PRIEST RIVER, ID 83856 Point of Diversion NESE S35 T55N R04W BONNER County Source GROUND WATER Point of Diversion NWSE S35 T55N R04W BONNER County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 0.06 CFS Use: COMMERCIAL 01/01 to 12/31 0.02 CFS Use: IRRIGATION 04/01 to 10/31 0.06 CFS Total Diversion: 0.14 CFS Date Filed: 11-08-2022 Place Of Use: COMMERCIAL,DOMESTIC,IRRIGATION T55N R04W S35 NESE Total Acres: 2 96-14390 KEN ROSS PAM HIBBARD 11318 E 25TH AVE SPOKANE VLY, WA 99206-5690 ALINE HEGGEM-SNOW GERRY SNOW 1103 S WALL ST SPOKANE, WA 99204-3745 Point of Diversion L2(SENW) S26 T56N R05W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.03 CFS Date Filed: 01-04-2023 Place Of Use: IRRIGATION T56N R05W S26 L2(NESW),L2(SENW) Total Acres: 1 97-9625 BENJAMIN DAVIS JACQUELINE DAVIS 77 STILL MEADOWS DR PRIEST RIVER, ID 83856 Point of Diversion L3(NESW) S20 T57N R04W BONNER County Source PRIEST RIVER Tributary PEND OREILLE RIVER Use: STOCKWATER 01/01 to 12/31 0.02 CFS Use: IRRIGATION 04/01 to 10/31 0.15 CFS Total Diversion: 0.15 CFS Date Filed: 01-04-2023 Place Of Use: IRRIGATION,STOCKWATER T57N R04W S20 L3(NESW) Total Acres: 5 Permits will be subject to all prior water rights. For additional information concerning the property location, contact the Northern office at (208)762-2800; or for a full description of the right(s), please see https://idwr.idaho.gov/apps/ExtSearch/WRApplicationResults/. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 2/6/2023. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director Legal#4819 AD#4562 January 18, 25, 2023 _________________________