Legals for November, 16 2023

NOTICE OF TRUSTEE’S SALE On Friday, March 1, 2024, at the hour of 10 o’clock A.M., of said day on the steps of the law office of Snedden Law, 320 North 2nd Avenue, Sandpoint, Idaho, Stephen T. Snedden, as Successor Trustee, will sell at public auction, to the highest bidder, for cash (the Trustee is authorized to make a credit bid for the Beneficiary) in lawful money of the United States of America, all payable at the time of the sale, the following described real property, situated in Bonner County, State of Idaho, to-wit: A tract of land in that portion of Section 32, Township 59 North, Range 1 West, Boise Meridian, Bonner County, Idaho, lying South of the thread of Pack River, more specifically described as follows: Beginning at a point on the East line of said Section 32, which point is North 00°19’57” East a distance of 630.00 feet from the Southeast corner of said Section 32; Thence continuing North 00°19’57” East a distance of 1060 feet; Thence leaving said East line, North 89°12’13” West a distance of 831.80 feet; Thence South 00°18’31” West a distance of 350.00 feet; Thence South 30°11’01” West a distance of 533.19 feet; Thence South 78°36’51” East a distance of 1125.89 feet to the point of beginning. For the purposes of compliance with Idaho Code 60-113, the Trustee has no further knowledge of the address of this property. Any interested party may contact the Trustee at 208-263-2000 for information concerning the location of the property. Said sale will be made without covenant or warranty 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 Seth C. Burnett, as Grantor, and North Idaho Title Insurance, Inc., Trustee and LAM River, LLC an Idaho limited liability company as Beneficiary; said Deed of Trust having been recorded on April 16, 2021, as Instrument No. 980897, Official records of Bonner County, Idaho. The above 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 this obligation. The default for which this sale is to be made is failure of the Grantors to pay when due, monthly installments as set forth on the Note secured by said Deed of Trust. Monthly installments in the amount of $637.50, which includes principal and interest, is due for August 12, 2023, and the 12th day of each and every month thereafter until paid. Interest due as of October 10, 2023 is in the amount of $1874.05 and continues to accrue at the rate of 9% per annum. ALL AMOUNTS are now due and payable along with all costs and fees associated with this foreclosure. The principal balance is $83,291.25 plus accruing interest. Dated this 18 day of October, 2023. Signed: /s/Stephen T. Snedden, Trustee Legal#5686 AD#15995 October 26, November 2, 9, 16, 2023

LEGAL NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-16776 DONALD W VARNEY DANI J VARNEY 9134 N BLOSSOM DR HAYDEN, ID 83835-8711 Point of Diversion SESW S12 T55N R03W BONNER County Source GROUND WATER Use: IRRIGATION 04/01 to 10/31 0.2 CFS Use: DOMESTIC 01/01 to 12/31 0.18 CFS Use: STOCKWATER 01/01 to 12/31 0.02 CFS Total Diversion: 0.3 CFS Date Filed: 10-12-2023 Place Of Use: DOMESTIC, IRRIGATION, STOCKWATER T55N R03W S12 SESW Total Acres: 10  96-16789 ANDREW C SMELTZER CAROLYN D SMELTZER 20510 E EXCELSIOR CT QUEEN CREEK, AZ 85142-6578 Point of Diversion NENE S14 T55N R03W BONNER County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.04 CFS Date Filed: 11-06-2023 Place Of Use: DOMESTIC T55N R03W S14 NENE  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 12/4/2023. The protestant must also send a copy of the protest to the applicant. MATHEW WEAVER, Director Legal#5728 AD#16599 November 16, 23, 2023 _________________________

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING October 24, 2023 AIRPORT – The County will enter into this contract with Ardurra to act as Bonner County Airports’ Engineering Consultant. The County will enter into this work order with Ardurra. The County will enter into this work order with Ardurra. The County will enter into this work order with Ardurra. The County will enter into this work order with Ardurra.   BOCC – Commissioner Williams made a motion to move forward with the board, officially identifying that we need to audit the Fairboard, and once I get an answer from the available auditors in the community, to bring that forward with the contract and explain what that would entail, with an expectation that the auditors really going to work most closely with our County Risk Manager and our County Clerk.   Commissioner Bradshaw called a recess for 5 minutes at 10:59 a.m. Reconvened at 11:10 a.m. EXECUTIVE SESSION – At 11:10 a.m. Commissioner Bradshaw stepped down from the chair and made a motion to go into Executive Session under Idaho Code § 74-206(1)(F) Litigation. Commissioner Omodt seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Bradshaw reconvened the meeting at 11:30 a.m. Commissioner Omodt made a motion to remand in part Providence Road Subdivision File S0002-23 back to the Board of County Commissioners to only consider some of the wetland issues raised in the original hearing, and only to utilize the information as presented in a hearing to better determine the findings of fact and a determination to be better in compliance with the BCRC regardless of the outcome. Commissioner Williams seconded the motion to advance for discussion. Brief discussion among the board. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt adjourned the meeting at 11:32 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 October 17, 2023 – October 23, 2023 Copies of the complete meeting minutes are available upon request. On Wednesday, October 18, 2023, Assistance was held pursuant to Idaho Code §74-204 (2). On Thursday, October 19, 2023, an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. On Friday, October 20, 2023, an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. Legal#5737 AD#16778 November 16, 2023 _________________________

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING October 17, 2023 CLERK – Approved payment of the FY23 Claims and Demands in Batch #27 Totaling $1,107,377.51. Approved payment of the FY23 EMS Claims and Demands in Batch #27 Totaling $28,193.73. Approved payment of the FY24 Claims and Demands in Batch #1 Totaling $1,478,371.24. Approved payment of the FY24 EMS Claims and Demands in Batch #1 Totaling $3,516.30.  PARKS & RECREATION – Approved opening the Garfield Bay Campground from October 26th-30th to free camping for the general public.  FACILITIES –Approved the proposed winter maintenance contract with Lippert Excavation & Pipeline for the snow removal at the Bonner County Jail and Juvenile Detention Center. Approved the contract renewal for generator maintenance from Western States for the Courthouse, Administration Building, and Multi-use generators.  ENGINEERING – Approved Resolution 2023-84 stating Engineering may only pre-obligate the County to third parties in the amount at or below twenty thousand dollars ($20,000) for the EMS Station Project. Commissioner Omodt called a recess for 10 minutes at 10:25 a.m. Reconvened at 10:35 a.m. ROAD & BRIDGE – Approved entering into the Lease/Purchase agreement with Umpqua Bank and to sign the lease accordingly for one (1) Cat 140 AWD motor grader for the sum of $326,799 with an annual interest rate of 4.99% for a total of five annual payments of $32,201.  SOLID WASTE – Approved S&L Undergrounds Inc Change Order #4 in the amount of $28,201.30 for the tunnel entrance/exit, re-grading and savings for not painting the structural steel inside the building and authorized the Chairman to sign administratively.  Commissioner Omodt recessed the meeting for 5 minutes at 10:56 a.m. Reconvened at 11:04 a.m. EXECUTIVE SESSION – At 11:04 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206 (1) (B) Personnel. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 11:22 a.m. Commissioner Bradshaw made a motion to proceed as discussed regarding East Bonner Snowmobile Personnel. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Brief recess at 11:23 a.m.  Reconvened at 11:24 a.m. EXECUTIVE SESSION – At 11:25 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206 (1) (B) Personnel. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 11:49 a.m. Commissioner Omodt stepped down from the chair and made a motion to proceed as discussed regarding personnel. Commissioner Bradshaw seconded the motion. Brief discussion between the board and Prosecutor Marshall regarding the decision. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt recessed the meeting at 12:02 p.m. At 12:03 p.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206 (1) (C) Property Acquisition. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Abstain, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 12:37 p.m. Commissioner Bradshaw made a motion to proceed as discussed regarding engage Raphael Barta concerning the acquisition of a property in Bonner County. Commissioner Williams seconded the motion to advance for discussion. Brief discussion among the board. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt recessed the meeting at 12:38 p.m. for 3 minutes. Reconvened at 12:41 p.m. At 12:41 p.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code 74-206(1)(F) Litigation. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt adjourned the meeting at 1:07 p.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 October 10, 2023, - October 16, 2023 Copies of the complete meeting minutes are available upon request. On Tuesday, October 10, 2023, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Williams moved to schedule this file to a date and time certain of October and would like to consult with legal regarding this file. Believes this file has an extenuating circumstance and would like legal advisement prior to deciding. Commissioner Omodt amended Commissioner Williams’ motion to state that all communication with legal be transmitted to the entire board. Commissioner Williams seconded. Roll call vote: Commissioner Williams – Aye, Commissioner Omodt – Aye. Amendment passes. The Board revisited Commissioner Williams’ motion. Roll Call Vote: Commissioner Williams – Aye, Commissioner Omodt – Aye. Amended motion passes. On Wednesday, October 11, 2023, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Williams made a motion to approve this project, FILE AM0012-23, requesting a comprehensive land use plan map amendment from Ag/Forest Land to Rural Residential, on ten acres located off Hines Road in Section 34, Township 59 North, Range 1 West, Boise-Meridian, Bonner County, Idaho, 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 this 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 the taking of private property. I amend the findings of fact:1. The parcel could be served by individual well and septic system.2. The site has approximately 0.25 acres of mapped slopes that range from 0-30% grade. Mapped slopes greater than 30% are not present on the parcel. 3.Access to the parcel is currently part of a network of developed public roads and private easements. 4.The proposal is not within a mapped critical wildlife habitat. 5.Electricity can be provided by Northern Lights Inc.6.The properties are within the Northside Fire District. 7.Law enforcement is provided by Bonner County Sheriff’s Department. Based upon the findings of fact the following conclusions of law are adopted: Conclusion 1: The proposal is in accord with the following elements of the Bonner County Comprehensive Plan: Property Rights, Population, School Facilities, Transportation, Community Design, Agriculture, Economic Development, Land Use, Natural Resources, Hazardous Areas, Public Services, Transportation, Recreation, Special Areas or Sites, Housing Conclusion 2: This proposal was reviewed for compliance with Title 12, Bonner County Revised Code, and is found to be in compliance. Conclusion 3: The proposal is in accord with the purpose of the Rural Residential comprehensive land use designation. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Absent. The motion passed. Commissioner Omodt stepped down from the chair and made a motion to approve Resolution #2023-83 amending the Bonner County Projected Land Use Map from Ag/ Forest to Rural-Residential for the parcel outlined in this File AM0012-23, totaling an approximate 10 acres. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Absent. The motion passed. Commissioner Omodt stepped down from the chair and made a motion to approve Resolution #2023-83 amending the Bonner County Projected Land Use Map from Ag/ Forest to Rural-Residential for the parcel outlined in this File AM0012-23, totaling an approximate 10 acres. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Absent. The motion passed. Commissioner Omodt stepped down from the chair and made a motion to affirm the staff’s administrative decision to deny this project File VA0015-23 requesting for a 28’ shoreline setback where 75’ is required, finding that it is not in accord with Bonner County Revised Code as enumerated in the following conclusions of law, based upon the evidence submitted up to the time the administrative decision letter was prepared and testimony received at this meeting. I further move to adopt the findings of fact and conclusions of law as set forth in the administrative decision letter and direct Planning staff to draft written findings and conclusions to reflect this motion and to transmit to all interested parties. This action does not result in the taking of private property. The action that could be taken to obtain the variance is to 1) File a new application with the Planning Department and meet the standards required by Bonner County Revised Code 2) Pursue such remedies as may be applicable Title 67 Chapter 65 Idaho Code. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Absent. The motion passed. Commissioner Williams made a motion to approve this FILE AM0014-23 to amend subchapter 12-411 note 8 and subchapter 12-412 note 6 of Title 12, Bonner County Revised Code, finding that it is in accord with the general and specific objectives of the Bonner County Comprehensive Plan as enumerated in the following findings of fact and conclusions of law. This decision is based upon the evidence submitted up to the time the Staff Report was prepared and testimony received at this hearing. Commissioner Williams further moved to adopt the findings of fact and conclusions of law as set forth in the Staff Report (or as amended during this 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.1.The Bonner County Planning Department has reviewed the proposed changes against Idaho Code and made amendments to better comply with the Idaho Code, specifically Title 67 Chapter 65, Local Land Use Planning. 2.The Board of County Commissioners is authorized by Idaho Code, Chapter 7, Title 31, to adopt ordinances, rules and regulations “…not repugnant to law, necessary for carrying into effect or discharging the powers and duties conferred by the laws of the state of Idaho, and such as are necessary or proper to provide for the safety, promote the health and prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of property therein...” The proposed ordinance making the above changes adds to the clarity intended in the interpretation of the Bonner County Revised Code and Bonner County Comprehensive Plan. These actions will further balance the provision of safety, health and prosperity while maintaining the protection of property, peace, good order, comfort and convenience of the county and its inhabitants. 3.The proposed changes provide clarification of the regulations, enabling the public and the staff to achieve the best results leading to greater understanding and use of the zoning ordinance. Conclusion 1: The proposed amendment is in accord with Idaho Code, Title 31, Chapter 7. Conclusion 2: The proposed amendment is in accord with Idaho Code Title 67, Chapter 65. Conclusion 3: The proposed amendment is in accord with the general and specific objectives of the Bonner County Comprehensive Plan. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Absent. The motion passed. Commissioner Omodt stepped down from the chair and made a motion to approve an Ordinance of Bonner County, Idaho, the number to be assigned, citing its authority, and providing for the amendment of subchapter 12-411 note 8 and subchapter 12-412 note 6 of Title 12, Bonner County Revised Code as presented or amended in this hearing, and providing for an effective date. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Absent. The motion passed. On Thursday, October 12, 2023, a Special Meeting for the Treasurer’s Office was held pursuant to Idaho Code §74-204 (4). On Monday, October 16, 2023, an Engineering Workshop was held pursuant to Idaho Code §74-204 (2). Commissioner Bradshaw stepped down from the Chair and made a motion to nominate Commissioner Omodt as Chair. Commissioner Omodt seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Abstain, Commissioner Bradshaw – Yes. Motion passed. Commissioner Omodt stepped down from the Chair and made a motion to nominate Commissioner Bradshaw as Vice Chair. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Abstain, Commissioner Bradshaw – Yes. Motion passed. Commissioner Omodt stepped down from the chair and made a motion to cancel the administration DMV remodel at this time. Commissioner Williams seconded the motion to advance for discussion. Discussion followed (audio available). Commissioner Bradshaw made a motion to amend the motion to go forward with the DMV remodel, contact the city and find out about the parking lot and when we get some numbers on that, then move forward. No second, motion dies. Further discussion and concerns amongst the board. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. Motion fails. Commissioner Williams made a motion that engineering put forth a plan for this construction that is also inclusive of this building and then come back to the table and review that plan so that we can make a decision moving forward. Commissioner Omodt seconded the motion to advance for discussion. Brief discussion followed. Roll call vote: Commissioner Omodt – No, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. Motion passed. Legal#5738 AD#16779 November 16, 2023 _________________________

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING October 3, 2023 CLERK – Approved payment of FY23 Claims & Demands in Batch #26 Totaling $2,152,025.15. Approved payment of the FY23 EMS Claims and Demands in Batch #26 Totaling $36,929.99.  SOLID WASTE – Awarded Cannon Hills the contract for the grinding, removal, and disposal of the wood piles at the Dickensheet, Idaho Hill, and Colburn sites for the 2023-2024 fiscal year in the amount of $55.00 per ton. Awarded Pacific Steel and Recycling the contract for the removal of the metal piles at the Dickensheet, Idaho Hill, and Colburn sites for the 2023-2024 fiscal year; Pacific Steel and Recycling has agreed to pay Bonner County $93.00 per ton. Awarded GrayMar Environmental the Household Hazardous Waste contract allowing GrayMar to collect, package, transport, and dispose of Bonner County residential household hazardous waste from October 1, 2023 through September 30, 2024. JUSTICE SERVICES – Approved Idemia Addendum for the term of September 23, 2023 until September 22, 2024 as set forth above and previously approved by legal.  ASSESSORS – Approved Resolution 2023-73 Assessors equipment surplus of a Swingline 6375 Burster.  ROAD & BRIDGE – Approved Resolution 2023-74 authorizing the Clerk to open the Road and Bridge FY2024 budget and add unanticipated revenues to the Bonner County Road and Bridges “B” Budget for the sum of $995,815.85 as detailed in the Resolution. Approved Resolution 2023-75 authorizing the Clerk to open the Road and Bridge FY 2024 budget and add funds as outlined in the resolution from FY 2023 to FY 2024 002-8490 Plant Asphalt Mix for the sum of $1,231,679.00 as detailed in the Resolution. Approved Resolution 2023-76 authorizing the Clerk to open the Road and Bridge FY 2024 budget and add funds as outlined in the resolution from FY 2023 to FY 2024 002-8552 Guardrail for the sum of $34,321.00 as detailed in the Resolution. Approved Resolution 2023- 77 authorizing the Clerk to open the Road and Bridge FY 2024 budget and add funds as outlined in the resolution from FY 2023 to FY 2024 002-9000 Grant County Match for the sum of $276,000.00 as detailed in the Resolution. Approved Resolution 2023-78 authorizing the Clerk to open the Road and Bridge FY2024 budget and add unanticipated revenues to the Bonner County Road and Bridges “B” Budget for the sum of $31,158.00 as detailed in the Resolution.   SHERIFF – Approved Resolution 2023-79 authorizing Undersheriff Ror Lakewold to award Sergeant Anna Marie Moe her Handgun, Badge and Retired ID Card. Commissioner Bradshaw seconded the motion. Approved Resolution 2023-80 authorizing Undersheriff Ror Lakewold to award Lieutenant Cindy M. Wright her Handgun, Badge and Retired ID Card.  Commissioner Omodt recessed the meeting for 10 minutes at 10:38 a.m. Reconvened at 10:48 a.m. EXECUTIVE SESSION – At 10:49 a.m. Commissioner Williams made a motion to go into Executive Session under Idaho Code § 74 206 (1) (B) Personnel. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 12:14 p.m. Commissioner Williams made a motion to proceed as discussed on Items 1, 2, 3, 4, and 5. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. 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 September 19, 2023 – October 2, 2023 Copies of the complete meeting minutes are available upon request. On Wednesday, September 20, 2023, Tax Cancellations were held pursuant to Idaho Code §74-204 (2). Denied: MH54N04W08010A On Thursday, September 21, 2023, an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. On Thursday, September 28, 2023, a Special Meeting for the Sheriff’s Office was held pursuant to Idaho Code §74-204 (4). Commissioner Williams made a motion to approve Resolution #2023 – 71. Commissioner Omodt stepped down from the chair and seconded the motion. Roll Call Vote: Commissioner Williams – Aye, Commissioner Omodt – Aye. All in favor. The motion passed. Commissioner Williams made a motion to declare an emergency and to accept and approve the contract with Legacy Heating and Cooling. Commissioner Omodt stepped down from the chair and seconded the motion. Roll Call Vote: Commissioner Williams – Aye, Commissioner Omodt – Aye. All in favor. The motion passed. On Monday, October 2, 2023, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Omodt made a motion to approve project FILE S0002-23: Providence Subdivision, requesting the creation of 116 residential lots on an approximately 39.57-acre property zoned Suburban and located in Section 1, Township 57 North, Range 2 West, Boise Meridian, Bonner County, Bonner County, Idaho, finding that it is in accord with the Bonner County Revised Code based on the following Conclusions of Law. This decision is subject to the Conditions of Approval as set forth in the staff report as amended during this hearing. The decision is based on 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 Conditions of Approval as amended during this hearing and direct the Planning staff to draft written findings and conclusions to reflect this decision and transmit to all interested parties. This action does not result in a taking of private property. The action that could be taken to obtain the approval of preliminary plat is to complete the Conditions of Approval as adopted. Commissioner Williams/Omodt seconded the motion. Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – No, based on conclusions 1,2,3,5,8 are not in compliance in her review of this record. Commissioner Bradshaw – Yes. The motion passed. Commissioner Williams made a motion to approve this project, FILE AM0010-23, requesting a comprehensive land use plan map amendment from Ag/Forest Land to Rural Residential, 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 this 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 the taking of private property. Commissioner Omodt seconded the motion. Roll call Vote: Commissioner Omodt – Aye, Commissioner Williams – Aye, Commissioner Bradshaw – Aye. The motion passed. Commissioner Williams made a motion approve Resolution 2023-72 the Bonner County Projected Land Use Map from Ag/ Forest to Rural-Residential for the three parcels outlined in this File AM0010-23, totaling an approximate 25 acres. Commissioner Bradshaw seconded the motion. The motion passed. Roll call Vote: Commissioner Omodt – Aye, Commissioner Williams – Aye, Commissioner Bradshaw – Aye. The motion passed. Legal#5740 AD#16781 November 16, 2023 _________________________

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING October 31, 2023 CLERK – Approved payment of the FY23 Claims and Demands in Batch #28 Totaling $67,383.49. Approved payment of the FY24 Claims and Demands in Batch #2 Totaling $1,703,900.43. Approved payment of the FY24 EMS Claims and Demands in Batch #2 Totaling $216,205.83.  SOLID WASTE– Approved lease agreement between Bonner County and West Pend Oreille Fire District in the amount of $50 per month for the space at 1230 Peninsula Road for the installation of a communication repeater antenna. Approved Resolution 2023-85 to move $2,932,983.19 from FY23 023-9480 to FY24 023- 9480 for the carryover of the Colburn Capital Improvements project.   EMERGENCY MANAGEMENT – Approved Resolution 2023-86 to surplus the 2006 Mirage Trailer VIN# 5M3BE303961023379 and transfer said Mirage Trailer to Boundary County Emergency Management.   PLANNING – Approved the request for extending the validity of the preliminary plat for a duration of two (2) years from November 12, 2023 to November 11, 2025 for project S0003-21 Sundance Acres. Commissioner Omodt called a recess for 5 minutes at 9:56 a.m. Commissioner Omodt reconvened the meeting at 10:03 a.m. RISK – AMENDED TO Executive Session under Idaho Code § 74-206(1) (D) Records Exempt At 10:03 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206(1) (D) Records Exempt. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 10:22 a.m. Discussion with the board and Brian Nate, Redman Insurance. Commissioner Omodt stepped down from the chair and made a motion to engage Redman Insurance for $473,070 for property insurance from 11/01/2023 to 10/31/2024 and to use Tort Fund account, insurance liability, 024-6850 to be used to pay for this invoice Commissioner Bradshaw seconded the motion. Brief discussion among the board. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt called a 5 minute recess at 10:51 a.m. EXECUTIVE SESSION – At 10:54 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206(1)(F) Litigation. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 10:57 a.m. Commissioner Bradshaw made a motion to terminate the contract as discussed. Commissioner Omodt stepped down from the chair and seconded the motion. Brief discussion among the board. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. EXECUTIVE SESSION – At 10:58 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206 (1) (B) Personnel. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 11:19 a.m. Commissioner Bradshaw made a motion to proceed as discussed regarding the Assessor’s Office. Commissioner Omodt stepped down from the chair and seconded the motion. Brief discussion among the board. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Bradshaw made a motion to proceed as discussed regarding Solid Waste. Commissioner Omodt stepped down from the chair and seconded the motion. Brief discussion among the board. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt/Bradshaw adjourned the meeting at 11:21 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 October 24, 2023 – October 30, 2023 Copies of the complete meeting minutes are available upon request. On Tuesday, October 24, 2023, a Special Meeting for HR, the Clerk, the Treasurer, and the BOCC was held pursuant to Idaho Code §74-204 (4). On Wednesday, October 25, 2023, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Omodt made a motion to approve this petition, FILE #VS0004-22, to vacate only the northern areas of Markham Street, Thomas Street and the alley and to specifically not approve the vacation of Campbell’s Street as described and discussed in today’s hearing and described on the submitted stamped site plan and legal description, finding that only these are 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. I further move to direct Planning Staff to draft a Resolution for recording, which includes the rational basis for this decision, as well as the findings of facts and conclusions adopted at this hearing and to present the Resolution for approval at the next business meeting. 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 Williams seconded the motion Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Conclusions of Law: Based upon the findings of fact, the following conclusions of law are adopted: Conclusion 1: This proposal was reviewed for compliance with the vacation criteria and standards set forth at Idaho Code, 40-203. Conclusion 2: Bonner County has not received objections to the petition or application to vacate the described platted area, other than from Road and Bridge which was addressed in the areas to be vacated. Conclusion 3: The abandonment of the public right-of-way as submitted is in the public’s interest, the abandonment of the right-of-way that was not approved is not in the public’s interest. Conclusion 4: By granting this petition for vacation of public right of way, real property adjoining the subject highway or public right of way will not be left without access to an established highway or public right of way. The conditions of approval are those listed in the staff report. Commissioner Omodt made a motion to adopt conclusions of law as previously stated. Commissioner Williams seconded the motion Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Williams made a motion to approve this project, FILE ZC0007-23, requesting a zone change from Agricultural/ Forestry-20 to Agricultural/ Forestry-10, 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 the planning staff to draft written findings and conclusions of law to reflect this motion, have the Chairman sign, and transmit to all interested parties. This action does not result in the taking of land. Zone change findings of fact: • Agricultural/ Forestry activities are viable within the A/F-10 designation.• The parcel does not feature prime agricultural soil.• The parcel is within a network of constructed Bonner County owned and maintained 60’ wide gravel right of ways. The parcel is adjacent to a Boner County maintained prescriptive easement.• The parcel is not characterized by mapped slopes 30% and greater.• Fire protection is provided by West Pend Oreille Fire District.• Emergency services are provided by Bonner County Sheriff Department.• Power is provided by Avista Utilities.• The proposal currently has a permitted individual septic system.• The property has two (2) developed springs for water supply.• The parcel is currently 23 acres. Based upon the findings of fact the following conclusions are adopted: Conclusion 1: The proposal is in accord with the following elements of the Bonner County Comprehensive Plan as enumerated in the staff report Conclusion 2: This proposal was reviewed for compliance with Title 12, Bonner County Revised Code, and was found to be in compliance. Conclusion 3: The proposal is in accord with the purpose of the Agricultural/ Forestry zoning district, provided at Chapter 3, Title 12, Bonner County Revised Code. Commissioner Omodt seconded the motion. Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Bradshaw stepped down from the chair and made a motion to approve an Ordinance of Bonner County, Idaho, the number to be assigned, citing its authority, and providing for the amendment of the Official Zoning Map of Bonner County by the classification of lands located in Section 9, Township 57 North, Range 4 West, Boise Meridian, Bonner County, Idaho from Agricultural/ Forestry-20 to Agricultural/ Forestry-10, and providing for an effective date. I further move to authorize the Chair to sign the official supplementary zoning map upon publication of the ordinance. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. On Thursday, October 26, 2023, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Omodt requested that this hearing be continued due to traveling and not being in a position to give this the file the attention that it deserves. Commissioner Omodt made a motion to continue this file to a time and date certain so that I can be present. Commissioner Bradshaw stepped down from the chair and seconded the motion. We will reschedule this for Monday, October 30, 2023 at 1:00 p.m. Roll call vote:  Commissioner Omodt - Yes, Commissioner Williams - ***, Commissioner Bradshaw – Yes On Friday, October 27, 2023, an Executive Session was held pursuant to Idaho Code §74-206(1) (D) Records Exempt. On Monday, October 30, 2023, an Executive Session was held pursuant to Idaho Code §§74-206 (1)(F) LITIGATION, 74-206 (1)(B) Personnel & 74-206 (1)(D) Records Exempt §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. On Monday, October 30, 2023, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Bradshaw made a motion to approve this project, FILE CUP0030-21, requesting a conditional use permit for an RV Park, 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: Conclusion 1: The proposed conditional use permit is in accordance with the general and specific objectives of the Bonner County comprehensive plan. Conclusion 2: This proposal was reviewed for compliance with the criteria and standards set forth at Chapter 4, Subchapter 4.9 and Chapter 3, Subchapter 3.3 of the Bonner County Revised Code, Title 12. Conclusion 3: The proposed use will not create a hazard or will not be dangerous to persons on or adjacent to the property. The decision is 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, have Chairman sign, and transmit to all interested parties. This action does not result in a taking of private property. Commissioner Omodt stepped down from the chair and seconded the motion to for discussion. Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – ***, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt stepped down from the chair and made a motion to amend the conditions of approval to require a backup power source, which would be Condition A-13, for the conditions of approval as drafted with the addition of A-13, which would be a backup power source for the pump house. Discussion followed with legal counsel. The amendment in Commissioner Omodt’s motion most certainly does, and would, and must include the deliberations that have occurred during this hearing and for the amended conditions of approval, and we would rely upon staff to be able to draft an appropriate written findings and conclusions that reflect the motion and deliberations, as deliberated here today at this hearing, for clarification. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – ***, Commissioner Bradshaw – Yes. The motion passed. Legal#5741 AD#16782 November 16, 2023 _________________________

NOTICE OF APPLICATION L96S2828 Pursuant to Section 58-104(9) and 58-1301, et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that Paul Matejovsky, James Rolph, and Paul Rumore made application to place riprap on Lake Pend Oreille. Location: Adjacent to Mountain View Shores Blk 1 Lot 5, Lake Pend Oreille, Hope, Idaho, in Section 1 Township 56 North, Range 1 East; B.M., in Bonner County. Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 2550 Highway 2 West, Sandpoint, Idaho 83864 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Gwen Victorson, Resource Specialist on behalf of Navigable Waterways - at the above address or by calling (208) 263-5104. /S/ Erik Sjoquist, Area Manager Idaho Department of Lands Legal#5742 AD#16790 November 16, 23, 2023 _________________________