Legals for September, 9 2023
Notice of Public Hearing City of East Hope NOTICE IS HEREBY GIVEN that the City Council of East Hope, Idaho will hold a public hearing for consideration of a proposed amendment to the fiscal year 2023 budget by appropriating additional monies from Street Reserves and Water Reserves. The hearing will be held at the East Hope City Hall, 110 School Road, East Hope, Idaho at 5:30 p.m., on September 12, 2023. FUND NAME FY2021 FY2021 FY2022 FY2022 FY2023 FY2023 FY2023 ACTUAL ACTUAL ACTUAL ACTUAL PROPOSED PROPOSED INCREASE OVER EXPENSE REVENUE EXPENSE REVENUE EXPENSE REVENUE ORIG. APPROP. STREET $ 75,651.75 $ 72,789.36 $ 186,462.44 $ 165,874.50 $ 110,735.00 $ 110,735.00 $ 131,000.00 WATER $ 171,108.99 $ 172,309.23 $ 174,155.95 $ 201,762.62 $ 246,677.00 $ 246,677.00 $ 11,000.00 At said hearing any person may appear and show cause, if any he has, why such proposed appropriations ordinance amendment should or should not be adopted. City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to the hearing, please contact City Hall, 208-264-5877 at least 48 hours prior to the public hearing. DATED this August 9, 2023. City Clerk: Christy Franck Legal#5517 AD#13434 August 31, September 9, 2023
NOTICE OF HEARING ON NAME CHANGE Case No. CV09-23-1309 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN RE: Jordan Wayne Howard Bragg, A petition to change the name of Jordan Wayne Howard Bragg, 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 Jordan Wayne Howard Merritt. The reason for the change in name is: to fulfill the promise my mother made to her father and remove the last name of my absent father. A hearing on the petition is scheduled for 11:00 o’clock a.m. on October 4, 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: August 23, 2023 /s/Michael W. Rosedale CLERK OF THE DISTRICT COURT /s/Brandy L. Steiger Deputy Clerk Legal#5522 AD#13481 August 26, September 2, 9, 16, 2023 _________________________
NOTICE OF HEARING ON NAME CHANGE Case No. CV09-23-1308 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN RE: Denis James Peters, A petition to change the name of Denis James Peters, 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 Denis James Twohig. The reason for the change in name is: taking the last name of my biological grandfather on my father’s side of the family. My family name. A hearing on the petition is scheduled before Judge J. Julian for 11:00 o’clock a.m. on October 4, 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: August 23, 2023 /s/Michael W. Rosedale CLERK OF THE DISTRICT COURT /s/J. Hendrickson Deputy Clerk Legal#5523 AD#13482 August 26, September 2, 9, 16, 2023 _________________________
NOTICE OF PUBLIC HEARING PROPOSED BUDGET FOR FISCAL YEAR 2023-2024 SELKIRKS PEND OREILLE TRANSIT AUTHORITY The public hearing for the Selkirks Pend Oreille Transit Authority proposed budget for Fiscal Year 2023-2024 will be held at the SPOT office, 31656 Hwy 200, Suite 102, Ponderay, ID at 11:00 a.m. on Thursday, September 21, 2023. All interested persons are invited to appear and show cause, if any, why such budget should not be adopted. Copies of the proposed budget in detail are available at the SPOT office during regular office hours. 2021/2022 2022/2023 2023/2024 Actual Approved Proposed FUND NAME Budget Budget EXPENDITURES General Fund $976,592 $1,289,015 $1,172,847 Capital Expenses 0 356,696 285,617 TOTAL EXPENDITURES $976,592 $1,645,711 $1,458,464 REVENUES General Revenue $977,017 $1,175,595 $1,067,132 Capital Revenue 0 285,357 228,494 Capital Match Carry Over 0 71,339 57,123 Cash Carry Over -425 113,420 105,715 TOTAL REVENUES $976,592 $1,645,711 $1,458,464 Citizens are invited to inspect the detailed supporting records of the above proposed budget. Zale Palmer Treasurer Legal#5524 AD#13489 August 26, September 2, 9, 2023
NOTICE OF SALE On February 13, 2023 the Board of Commissioners for the Coolin-Cavanaugh Bay Fire Protection District found and resolved that the district no longer has use for the following described parcel of real property located in Bonner County, Idaho: SUBJECT TO a reserved non-exclusive appurtenant easement for ingress and egress over and across over the East 25 feet of the North 200 feet of the above-described property. AND FURTHER SUBJECT TO a reserved appurtenant easement for all existing utilities over and under the above-described property in their current locations. AND FURTHER SUBJECT TO a reserved easement in favor of the owner of the adjacent car wash that partially encroaches upon the above-described property for access and for the aforementioned encroachment. The Board of Commissioners then resolved and declared by resolution to sell the property described above by auction. The appraised value thereof is $300,000.00 The property shall be sold on September 29, 2023 at 10:00 a.m. at the law office of Hickey Law Firm, PLLC, 120 E. Lake St., Ste. 103 in Sandpoint, Idaho 83864. The minimum opening bid shall be $302,500.00. The Board of Commissioners may accept and may consider any offer to purchase on terms, provided said terms comply in all respects with Idaho Code section 31-1420(6). Legal# 5544 Ad# 13772 September 2, 9, 2023
NOTICE TO CREDITORS Case No. CV09-22-0763 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: LOLA FLESHER NELSON, Deceased. NOTICE IS HEREBY GIVEN that Charles Nelson has been appointed Personal Representative of the Estate of Lola Flesher Nelson, 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: 120 East. Lake St. Suite 103, Sandpoint ID 83864. DATED this 27th day ofJuly 2023. HICKEY LAW FIRM, PLLC By:/s/ Andra Nelson Hickey Andra Nelson Hickey Attorneys for Personal Representative Hickey Law Firm PLLC 120 East Lake St. Suite 103 Sandpoint ID 83864 (208) 810-4849 Fax: (208) 810-4375 ISBN 8998 Legal#5545 AD# 13773 September 2, 9, 16, 23, 2023 _________________________
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on December 14, 2023, 09:00 AM on the front steps of the main entrance, Bonner County Courthouse, 215 S. 1st Avenue, Sandpoint, ID 83864, the following described real property situated in Bonner County, State of Idaho (“Real Property”): Lot 5 in Block 2 of Come Back Bay, according to the plat thereof, filed in Book 3 of Plats at page 52 official records of Bonner County, Idaho Commonly known as: 9 E Comeback Bay Lane, Sagle, ID 83860 Lynda Mullaley, as Trustor conveyed Real Property via a Trust Deed dated September 24, 2021, in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, as nominee for Mountain West Bank, Division of Glacier Bank, its successors and assigns as Beneficiary, in which North Idaho Title Insurance, Inc. was named as Trustee. The Trust Deed was recorded in Bonner County, Idaho, on September 29, 2021, as Instrument No. 992553, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Flagstar Bank, N.A. Assignment Dated: January 10, 2023 Assignment Recorded: January 11, 2023 Assignment Recording Information: Instrument No. 1015847 Shelly M. Casares is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Bonner, State of Idaho on June 15, 2023 at Instrument No. 1021446, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Trustor failure to make monthly payments beginning October 1, 2022, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $247,763.63, interest in the sum of $7,115.07, escrow advances of $975.53, other amounts due and payable in the amount of $2,333.84, for a total amount owing of $258,188.07, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Trustor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee’s fees and attorney’s fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, may bid at the sale. The bid price must be paid immediately upon the close of bidding by certified funds (valid money orders, certified checks or cashier’s checks). The conveyance will be made by Trustee’s Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The Trustor, successor in interest to the Trustor, or any other person having an interest in the property, or any person named in IRC § 45-1506, has the right, at any time prior to the Trustee’s Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee’s Sale may be postponed by public proclamation up to 30 days for any reason. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. The above Trustor are named to comply with IRC § 45-1506(4)(a). No representation is made that they are, or are not, presently responsible for this obligation. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 4th day of August, 2023. Shelly M. Casares Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. ID21286 Legal#5546 AD#13775 September 2, 9, 16, 23, 2023
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING August 22, 2023 CLERK – Approved payment of the FY23 Claims: General Fund $96,050.09; Road & Bridge $482,360.30; Airport $4,278.89; Elections $718.39; Drug Court $511.64; District Court $57,455.88; 911 Fund $4,652.75; Indigent & Charity $1,001.50; Revaluation $2,603.41; Solid Waste $679,154.75; Tort $2,334.07; Weeds $656.50; Parks & Rec $1,130.76; Justice Fund $121,823.16; Waterways $2,300.07; Grants $9,839.24; Self-Insured Medical $105; Auditors Trust $726.70 and Demands in Batch #23 Totaling $2,284,688.11. 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. Approved payment of the FY23 EMS Claims and Demands in Batch #23 Totaling $140,133.32. 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. SOLID WASTE – Approved the issuance and advertisement of a Request for Bid to remove the metal piles at the Dickensheet, Idaho Hill, and Colburn waste transfer sites. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams– Yes, Commissioner Bradshaw – Yes. The motion passed. Approved the issuance and advertisement of a Request for Bid to grind and remove the wood piles at the Dickensheet, Idaho Hill, and Colburn waste transfer sites. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Approved the issuance and advertisement of a Request for Bid to accept, package, transport, and dispose of household hazardous waste at various collection sites throughout the county on each scheduled Saturday. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. EMS – Approved and signed the commercial lease agreement for 521 N. Third Ave., Sandpoint, ID 83864; a one-year lease agreement between Third Ave., LLC and Bonner County at a rate of $6,868.85 per month for the building in which Bonner County EMS currently resides. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. PLANNING –Approved the request for a replacement Canon printer/copier for the Planning department with a 60 month lease of $99/month plus actual cost per copy. 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. AIRPORT –Accepted the amendment to the Pillsbury engagement letter and that the chairman sign administratively. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. ROAD & BRIDGE – Approved moving forward with the original award of (7) seven 140 AWD motor graders and allowed the director Jason Topp to send the attached letter in response to Pape Machinery, Inc’s rebuttal letter. 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. TECHNOLOGY – Approved the UADWEB Subscription agreement. 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. EMERGENCY MANAGEMENT Approved Resolution #2023-64 declaring a disaster regarding the dry and excessive weather conditions and high winds that have facilitated wildfires in several locations throughout Bonner County and nearby and the need for assistance. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt recessed the meeting at 9:55 a.m. for ten minutes. Commissioner Omodt reconvened the meeting at 10:14 a.m. EXECUTIVE SESSION – At 10:14 a.m. Commissioner Omodt stepped down from the chair and made a motion to go into Executive Session under Idaho Code § 74-206 (1) (B) Personnel. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Absent, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 10:24 a.m. Commissioner Omodt stepped down from the chair and made a motion to proceed as discussed regarding 911. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Abstain, Commissioner Bradshaw – Yes. The motion passed. At 10:26 a.m. Commissioner Williams made a motion to go into Executive Session under Idaho Code § 74-206 (1) (B) Personnel. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 10:28 a.m. Commissioner Williams made a motion to proceed as discussed regarding tuition reimbursement. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt recessed the meeting at 10:29 a.m. for 5 minutes Commissioner Omodt reconvened the meeting at 10:34 a.m. At 10:35 a.m. Commissioner Williams made a motion to go into Executive Session under Idaho Code § 74-206 (1) (D) Records Exempt. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 11:41 a.m. Commissioner Omodt adjourned the meeting at 11:41 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 August 15, 2023 – August 21, 2023 Copies of the complete meeting minutes are available upon request. On Wednesday, August 16, 2023, a special meeting was held with the Bonner County Commissioners Office pursuant to Idaho Code §74-204 (2). Commissioner Omodt made a motion to move the Human Resource Department and Risk Management back under the Board of County Commissioners. Commissioner Bradshaw stepped down from the chair and amended the motion to include that HR and Risk would not answer to any singular Commissioner, but the Board as a whole. Commissioner Omodt seconded the amendment. Commissioner Bradshaw called for the vote. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams - Absent, Commissioner Bradshaw – Yes. The motion passed. On Wednesday, August 16, 2023, Assistance was held pursuant to Idaho Code §74-204 (2). On Monday, August 21, 2023, the Budget Adoption was held pursuant to Idaho Code §74-204 (2). Commissioner Omodt stepped down from the chair and made a motion to approve Resolution #2023-63 adopting the Bonner County Budget for FY2024 in the amount of $74,947,678 and the Bonner County Ambulance District Budget for FY2024 in the amount of $5,135,970. Commissioner Williams seconded the motion to move forward for discussion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. On Monday, August 21, 2023 an HR Workshop was held pursuant to Idaho Code §74-204 (2). On Monday, August 21, 2023, an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. Legal#5561 AD#13947 September 9, 2023 _________________________
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING August 1, 2023 ENGINEERING – Approved the contract and notice to proceed for the EMS Station #1 and Office Complex and authorized the Chairman to sign the contract and notice to proceed. FACILITIES – Approved the relocation of the power lines by Avista from the East side of Division Street to the West side of Division Street for the amount of $136,104.48. Approved the removal of 3 trees by Apex Tree Service in the amount of $8,650. EMERGENCY MANAGEMENT –Approved Resolution #23-59 and declare a local disaster emergency no longer exists in Bonner County, Idaho; terminating Resolution #23-46. BOCC – Commissioner Williams made a motion to engage in discussion regarding the status of the Fairground and campground going forward. No second. Motion dies. Commissioner Williams made a motion that the board moves to withdraw its application from the city of Sandpoint for the rezone at the fairgrounds. No second. Motion dies. Commissioner Williams made a motion that the board disengage Sewell Engineering as it relates to the RV Campground at the fairgrounds at this time. No second. Motion dies. Commissioner Williams made a motion that the public have their one hour of public speaking time at either 8:00 a.m. or after Executive Session. No second. Motion dies. Commissioner Bradshaw 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 July 25, 2023 – July 31, 2023 Copies of the complete meeting minutes are available upon request. On Wednesday, July 26, 2023, Tax Cancellations were held pursuant to Idaho Code §74-204 (2). Approved; RP000490100010; RP55N02E141210. On Wednesday, July 26, 2023, Assistance was held pursuant to Idaho Code §74-204 (2). On Wednesday, July 26, 2023, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Omodt made a motion to approve this project, FILE ZC0004-23, requesting a zone change from Rural-5 to Rural Service Center, 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. Commissioner Omodt further moved 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 Chairman sign, and transmit to all interested parties. 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. All in Favor. The motion passed. Zone Change Finding of Fact: 1. The current land use designation for this proposal is Transition which allows for the creation of a new Rural Service Center District. Westmond Road is a 60’ wide Bonner County owned and maintained paved right of way. Emergency services are provided by Bonner County Sheriff and Selkirk Fire District. Power is provided by Avista Utilities. There are two permitted individual wells. There is currently a septic system. The parcels are currently 8.29 acres and 3.59 acres. 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 was found to be in compliance. Conclusion 3 The proposal is in accord with the purpose of the Rural Service Center zoning district, provided at Chapter 3, Title 12, Bonner County Revised Code. BOARD MOTION TO ADOPT ORDINANCE (Roll Call Vote): Commissioner Omodt made a motion to approve 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 5, Township 55 North, Range 2 West from Rural- 5 to Rural Service Center and providing for an effective date. Commissioner Williams seconded the motion. Roll call vote; Commissioner Omodt – Yes, Commissioner Williams – Abstain, Commissioner Bradshaw – Yes. The motion passed. MOTION TO APPROVE: Commissioner Omodt made a motion to approve the recommended updates to the Housing component of the Comprehensive Plan, File AM0009-23, 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 Williams seconded the motion. Roll call vote; Commissioner Omodt – Yes, Commissioner Williams – Abstain, Commissioner Bradshaw – Yes. The motion passed. MOTION TO APPROVE RESOLUTION: Commissioner Omodt made a motion to approve Resolution # 2023-58, adopting the recommended updates to the Housing component of the Comprehensive Plan, File AM0009-23 and repealing the previously adopted Housing component of the Comprehensive Plan. Commissioner Williams seconded the motion. Roll call vote; Commissioner Omodt – Yes, Commissioner Williams – Abstain, Commissioner Bradshaw – Yes. The motion passed. On Thursday, July 27, 2023 and Monday, July 31, 2023, Budget Workshops were held pursuant to Idaho Code §74-204 (2). On Friday, July 28, 2023, an Executive Session was held pursuant to Idaho Code § 74-206 (1) (D) Records Exempt & 74-206 (1) (B) Personnel On Friday, July 28, 2023, Budget Workshop/Executive Session was held pursuant to Idaho Code §74-204 (2) 74-206 (1) (D) Records Exempt & 74-206 (1) (B) Personnel Legal#5562 AD#13949 September 9, 2023 _________________________
MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING August 15, 2023 JUSTICE SERVICES – Approved the Northern States Pest Control contract as set forth above for a total cost of $780. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. Approved the cost for sealcoating/restriping at Justice Services in the amount of $9,045.40 as set forth above. Commissioner Omodt seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. EMERGENCY MANAGEMENT, BONFIRE – Approved the Memorandum of Understanding for Grant #22HFR1-Bonner in the amount of $100,000 and authorized the chair to sign. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. Approved the Memorandum of Understanding for Grant #22WFM-Bonner in the amount of $240,000 and authorized the chair to sign Commissioner Omodt seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. TREASURER – Accepted both the Bonner County & EMS Treasurer/Auditor Joint Quarterly Reports for the 3rd Quarter ending 06/30/2023. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. PLANNING – Adopted Resolution #2023-61 reappointing Randy Stolz and Deby Trinen to the Planning Commission per BCRC 12-122 filling the to be vacated Positions F and G, respectively. Commissioner Williams seconded the motion for discussion. Commissioner Williams stated that she doesn’t feel that it is unreasonable to advertise for these positions. Commissioner Omodt stated that he feels that it would not be beneficial to change the course of the board as this particular board is working diligently on the comprehensive plan. Commissioner Bradshaw recessed the meeting for 10 minutes at 10:53 a.m. Commissioner Bradshaw reconvened the meeting at 11:03 a.m. Commissioner Williams appealed the decision of the Chair. Roll call vote: Commissioner Omodt – No, Commissioner Williams – Yes, Commissioner Bradshaw – no. Roll call vote: Commissioner Omodt – aye, Commissioner Williams – no, Commissioner Bradshaw – aye. The motion passed. Adopted Resolution #2023-62 reappointing Robert Clark to the Zoning Commission per BCRC 12-123 filling the, to be vacated, Position A. Commissioner Williams seconded the motion for discussion. Commissioner Williams emphasized consistency. Commissioner Omodt stated that he believes that the appointment process is more than clear. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. ASSESSOR – Approved the contract with Canon Financial Services for 3 new Image Runners/printers for the Assessor’s Office for $377/monthly. Commissioner Omodt seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. AIRPORT – Adopted Resolution #2023-63 to exchange the right of way as presented. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. BOCC –Approved the Idaho Department of Commerce Rural Idaho Economic Development Professional Grant Agreement with the understanding that no County funds will be used in support of this agreement. Commissioner Omodt seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. BOCC – Commissioner Williams made a motion to reverse the decision to use Roberts Rules of Order and convert back to the prior process. No second, the motion died. Commissioner Williams made a motion to stream the budget meetings on Zoom to allow the community and staff to participate. No second, the motion died. Commissioner Williams made a motion to have a plan moving forward for the RV campground and speak to the public regarding the future plan. No second, the motion died. Commissioner Williams made a motion that the Chairman give specific instructions on how public comment can be reinstated. Commissioner Bradshaw addressed the behavior by the public at the BOCC meetings, asked what changed after January. Explained what he believes civil public comment looks like. No second, the motion died. Commissioner Williams made a motion to the Board identify by which members of the community present information to the Board for consideration to be placed on the agenda for the following week. Commissioner Omodt seconded the motion for discussion. Commissioner Omodt made a motion to amend Commissioner Williams original motion to hold a workshop to discuss this topic, public invited, regarding calendaring items. There was brief public comment. No second the motion dies. Commissioner Williams repeated her original motion. No second, the motion died. Commissioner Bradshaw addressed the lack of public comment. Stated that next week the three minutes will be attempted once more, if it doesn’t work then public comment is suspended until the beginning of the year. Commissioner Bradshaw recessed the meeting at 10:53 a.m. Commissioner Bradshaw reconvened the meeting at 11:07 a.m EXECUTIVE SESSION – At 11:07 a.m. Commissioner Omodt made a motion to go into Executive Session under Idaho Code § 74-206 (1) (B) Personnel. Commissioner Bradshaw stepped down from the chair and seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. Commissioner Bradshaw reconvened the meeting at 11:16 a.m. Commissioner Omodt made a motion to proceed as directed with details. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. EXECUTIVE SESSION – Christian Jostelin removed this item from the agenda via email 8/15 EXECUTIVE SESSION – At 11:17 a.m. Commissioner Omodt made a motion to go into Executive Session under Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (D) Records Exempt. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. Commissioner Bradshaw reconvened the meeting at 11:33 a.m. Commissioner Williams made a motion to proceed as directed. Commissioner Omodt seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. All in favor. The motion passed. Commissioner Bradshaw adjourned the meeting at 11:33 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 August 8, 2023 – August 14, 2023 Copies of the complete meeting minutes are available upon request. On Tuesday, August 8, 2023, a Planning Update was held pursuant to Idaho Code §74-204 (2). On Thursday, August 10, 2023, a Special Meeting for the Internal Oversight Committee was held pursuant to Idaho Code §74-204 (4). Commissioner Omodt moved to dissolve the Internal Control Oversight Board that was formed on November 7, 2022. Commissioner Bradshaw stepped down from the chair and seconded the motion. Commissioner Bradshaw called for the vote and Commissioner Williams appealed the decision and then left the meeting room. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams - Absent, Commissioner Bradshaw – Yes. The motion passed. On Thursday, August 10, 2023, an Impact Fees Presentation with Tishler Bise was held pursuant to Idaho Code §74-204 (2). On Monday, August 14, 2023, an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. On Monday, August 14, 2023, a Road & Bridge Update was held pursuant to Idaho Code §74-204 (2). Legal#5563 AD#13951 September 9, 2023 _________________________
ORDINANCE NO. 186 CITY OF DOVER, IDAHO AN ORDINANCE OF THE CITY OF DOVER, BONNER COUNTY, IDAHO, ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, APPROPRIATING THE SUM OF $6,041,460 TO DEFRAY THE PROPER EXPENSES AND LIABILITIES OF THE CITY OF DOVER, IDAHO, FOR SAID FISCAL YEAR, PURSUANT TO THE PROVISIONS OF SECTION §50-1003, IDAHO CODE, AUTHORIZING SUFFICIENT TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE; AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Dover, Bonner County, Idaho: SECTION 1: The sum of $6,041,460 be, and the same appropriated, to defray the necessary and proper expenses and liabilities of the City of Dover, Bonner County, Idaho for the fiscal year beginning the 1st of October, 2023. SECTION 2: The objects and purposes for which such appropriations are made, as follows: ESTIMATED PROPOSED EXPENDITURES FUND NAME FY2023-2024 GENERAL FUND $2,688,338 STREET FUND $1,047,772 WATER FUND $1,288,590 SEWER FUND $1,016,760 TOTAL EXPENDITURES ALL FUNDS $6,041,460 SECTION 3: The City Clerk of the City of Dover is hereby directed to file a copy of this Ordinance with the County Commissioners of Bonner County, Idaho pursuant to Idaho Code §63-804. SECTION 4: SEVERABILITY The sections of this ordinance are severable. Should any sections of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining sections. SECTION 5: EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage, approval and publication in one (1) issue of the Bonner County Daily Bee newspaper, as provided by law. PASSED by roll call vote of the City Council at a convened meeting of the Dover city Council held on the 29th day of August 2023. Councilor Bledsoe AYE Councilor Hoffman AYE Councilor Glass AYE Councilor Parkin AYE APPROVED by the Mayor and City Council of the City of Dover, Idaho this 29th day of August 2023. /S/George E. Eskridge, Mayor ATTEST: /S/Michele C. Hutchings, City Clerk Legal#5564 AD#13952 September 9, 2023
NOTICE OF ORDINANCE AMENDMENT AND PUBLIC HEARING Bottle Bay Recreational Water & Sewer District TAKE NOTICE that the Bottle Bay Recreational Water & Sewer District will hold a public hearing on Revision #1 to General Ordinance No. 2021 - “A” on September 19, 2023, at 4 p.m. via Zoom. A Zoom link is available on the District’s website, www.bottlebaydistrict.org. Summary of Ordinance Amendment: The amended ordinance deletes references to accessory dwelling units (ADUs) and defines a “bedroom” as “a room or separate structure designed primarily for sleeping but is not a Dwelling Unit.” A Dwelling Unit is defined as “a structure or mobile home capable of independent living.” Each Dwelling Unit is assigned one Equivalent Residential Unit (ERU), which is further defined as “a volume of wastewater recognized nationally as produced from a dwelling containing up to four bedrooms.” A Dwelling Unit containing more than four bedrooms, whether attached or detached, “shall pay 25% of the Service fee for each additional bedroom.” Additional dwellings “on the same parcel, using the same connection to the force main, shall pay an additional Service Fee for each additional Dwelling Unit.” The District presumes a separate structure on the same parcel is a Dwelling Unit “unless determined otherwise upon inspection by the District.” The full text of the amended ordinance is posted on the door of the Sewer District Office, 8680 Bottle Bay Rd, Sagle, ID 83860, and posted on the District’s website. In accordance with Idaho Code Section 50-901A, the above ordinance summary has been reviewed by attorney Susan Weeks, Esq, the legal advisor to the District, and found to be true and complete and provides adequate notice to the public. Legal#5568 Ad#13983 September 9, 2023 _________________________
NOTICE TO CREDITORS CASE NO. CV09-23-1211 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT F THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN THE MATTER OF THE ESTATE OF: VIRGINIA LANE JOHNSON, Deceased. NOTICE IS HEREBY GIVEN that the undersigned is the attorney of record for the appointed personal representative, JOSH E. FISCHMAN 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 sixty (60) days after delivery of this Notice, whichever is greater, or the claims will be forever barred. Claims must be both presented to the undersigned at the address indicated, and filed with the Clerk of the Court. Dated this 5th day of September, 2023. MACDONALD LAW, PC, /s/James s. Macdonald Attorney for the Personal Representative P.O.Box 1545 Sandpoint, ID 83864 Tel: (208)263-6546 Fax: (208) 263-0759 james@macdonaldlawoffices.com Legal#5569 AD#13990 September 9, 16, 23, 2023 _________________________
NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN that on January 3, 2024, at the hour of 10:00 o’clock a.m. of said day, at the offices of the Successor Trustee, Joshua K. Hickey 120 E. Lake St., Ste. 103, Sandpoint, Idaho 83864, said Successor Trustee will sell at public auction to the highest bidder, for cash in lawful money of the United States of America, all payable at the time of sale, the following described real property situated in the County of Bonner, State of Idaho, and described as follows, to-wit: That portion of the Southwest Quarter of the Northwest Quarter of Section 15, Township 56 North, Range 2 West, Boise Meridian, Bonner County, Idaho, described as follow: Beginning at the intersection of the East right of way of U.S. Highway 95 and the North right of way of Sagle Road; thence Along the East right of way of U.S. Highway 95, North 33˚07’00” East 193.08 feet; thence Along the East right of way of U.S. Highway 95, North 62˚53’10” East, 184.65 feet; thence South 14˚12’30” West, 102.10 feet to the North right of way of the Sagle Road; thence Along said right of way North 89˚30’50” West, 44.59 feet; thence North 87˚43’00” West, 145.95 feet; thence North 74˚21’40West, 56.46 feet to the Point of Beginning. The Trustee has no knowledge of a more particular description of the above-described real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the street address of 15 Sagle Road, Sagle, Idaho may sometimes be associated with said real 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 made and entered into on July 29, 2021 by and among Swartzendruber’s Bake Haus, LLC as Grantor, and Alliance Title & Escrow, LLC as Trustee, Joshua K. Hickey at Successor Trustee, and Albert J. Dennett and Elizabeth A. Dennett, as Beneficiaries; said Deed of Trust having been filed of record on July 30, 2021 as Instrument No. 988451 Official Records of Bonner County, Idaho and was rerecorded on September 1, 2021 as Instrument No. 990945, Official Records of Bonner County. The naming of the above Grantor is done to comply with Idaho Code Section 45-1506(4)(a); no representation is made as to the responsibility of Grantor for this obligation. The default for which the sale is to be made is that Grantor has failed to pay the Annual Balloon Payment due under the Deed of Trust Note dated July 29, 2021, secured by the above mentioned Deed of Trust, in the amount of $15,000, together with service charges, late charges, unpaid taxes, unpaid utilities, and any other costs, fees, or expenses incurred by the Beneficiary and/or Trustee associated with this this foreclosure as provided by the Deed of Trust or deed of trust note, or by Idaho law. The balance owing as of the date hereof on the obligation secured by said Deed of Trust is the amount of $325,070.36 in principal; plus accrued interest at the rate of 6 percent (6%) per annum from August 1, 2023, plus service charges, late charges, unpaid taxes, unpaid utilities, and any other costs or expenses associated with this foreclosure as provided by the Deed of Trust or Deed of Trust Note, or by Idaho law. Dated this 31st day of August, 2023. /s/Joshua K. Hickey Successor Trustee Legal#5570 AD#14050 September 9, 16, 23, 30, 2023 _________________________
SUMMARY OF ORDINANCE NO. 631 AN ORDINANCE OF THE CITY OF PRIEST RIVER, IDAHO, AMENDING CHAPTERS 1 AND 3 OF TITLE 3, CHAPTER 2 OF TITLE 4, CHAPTERS 1A AND 1B OF TITLE 5, CHAPTERS 2 AND 4 OF TITLE 6, AND CHAPTER 3 OF TITLE 7 OF THE REVISED AND AMENDED MUNICIPAL CODE OF THE CITY OF PRIEST RIVER; PROVIDING FOR AMENDED PENALTIES FOR MUNICPAL LAW VIOLATIONS; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. Amends Chapter 1 of Title 3: 3-1-7: BUSINESS REGISTRATION – PENALTY Amends Chapter 3 of Title 3: 3-3-11: PEDDLERS AND SOLICITORS – PENALTY Amends Chapter 2 of Title 4: 4-2-8: NUISANCES – PENALTY Amends Chapter 1A of Title 5: 5-1A-7: DOGS – VIOLATIONS; PENALTY Amends Chapter 1B of Title 5: 5-1B-6: KENNELS AND PET SHOPS – ENFORCEMENT Amends Chapter 2 of Title 6: 6-2-5: STOPPING, STANDING AND PARKING – HANDICAP PARKING SPACES Amends Chapter 4 of Title 6: 6-4-2: VEHICLE SOUNDS – VIOLATION Amends Chapter 3 of Title 7: 7-3-5-A: STREET NAMING AND ADDRESSING SYSTEM – ENFORCEMENT Repeals any provision of the Priest River City Code found to be inconsistent. Establishes an effective date upon publication. THE FULL TEXT OF THIS ORDINANCE IS AVAILABLE IN THE CITY CLERK’S OFFICE AT CITY HALL, 552 HIGH STREET, PRIEST RIVER, IDAHO AND IS IN FULL FORCE AND EFFECT UPON THE PUBLICATION OF THIS SUMMARY. /s/LAUREL THOMAS, CITY CLERK Legal#5571 AD# 14051 September 9, 2023 _________________________