Legals for October, 8 2020

| October 8, 2020 12:00 AM

SUMMARIZATION OF ORDINANCE NO. 2020-2 BOUNDARY COUNTY ROAD STANDARDS AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY BY PROVIDING FOR THE ADOPTION OF THE ROAD STANDARDS MANUAL, ALLOWING FURTHER AMENDMENTS TO THE ROAD STANDARDS MANUAL TO BE AMENDED BY RESOLUTION; ESTABLISHING DEFINITIONS; PROVIDING FOR UTILITY CONSTRUCTION PERMITS AND STANDARDS; PROVIDING FOR APPROACH PERMITS AND STANDARDS; PROVIDING STANDARDS FOR NEW ROAD CONSTRUCTION; PROVIDING STANDARDS FOR MAILBOXES AND NEWSPAPER DELIVERY BOXES; PROVIDING FOR VARIANCES; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. COUNTY OF BOUNDARY STATE OF IDAHO NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Boundary County, Idaho, that the following be and is hereby adopted as an ordinance of Boundary County: TABLE OF CONTENTS PREFACE SECTION 1: DEFINITIONS SECTION 2: UTILITY CONSTRUCTION PERMITS & STANDARDS 2.1 APPLICABILITY 2.2 GENERAL 2.3 DESIGN DRAWINGS 2.4 STANDARDS FOR UTILITY PLACEMENT & CONSTRUCTION 2.5 ABOVE GROUND UTILITIES 2.6 RESTORATION REQUIREMENTS 2.7 APPROACH PERMITS & STANDARDS (DRIVEWAYS & ROAD APPROACHES) 3.1 APPLICABILITY 3.2 GENERAL 3.3 STANDARDS 3.4 RESTORATION REQUIREMENTS 3.5 PENALTY FIGURE 3.1 - RESIDENTIAL DRIVEWAY APPROACH FIGURE 3.2 - ROADWAY APPROACH FIGURE 3.3 - COMMERCIAL/FARM APPROACH FIGURE 3.4 - SIGHT TRIANGLE AT INTERSECTIONS SECTION 4: STANDARDS FOR NEW ROAD CONSTRUCTION 4.1 GENERAL REQUIREMENTS 4.2 ROADWAY CLASSIFICATION 4.3 RIGHT-OF-WAY REQUIREMENTS 4.4 DESIGN CRITERIA 4.5 STRUCTURE SCHEDULE 4.6 DRAINAGE 4.7 SIGNAGE 4.8 GUARDRAIL OR BARRIER 4.9 CLEARING AND GRUBBING 4.10 SUBGRADE 4.11 SUB-BASE (BALLAST) 4.12 BASE MATERIALS 4.13 SURFACING 4.14 REQUIRED SUBMITTALS - SPECIFICATIONS FOR DRAWINGS 4.15 REQUIRED INSPECTION & INFORMATION CHECKLIST FIGURE 4.1 - TYPICAL CUL-DE-SAC FIGURE 4.2 - TYPICAL ROAD CROSS SECTION SECTION 5: MAILBOXES & NEWSPAPER DELIVERY BOXES 5.1 APPLICABILITY 5.2 STANDARDS 5.3 LOCATIONS 5.4 REMOVAL & LIABILITY SECTION 6. VARIANCES 6.1 DECIDING BODY 6.2 APPLICABILITY 6.3 DURATION OF PERMIT 6.4 ADMINISTRATION 6.5 APPLICABLE FEE FOR APPLICATION OF VARIANCE 6.6 FINAL DECISION 6. VARIANCES 6.1 DECIDING BODY 6.2 APPLICABILITY 6.3 DURATION OF PERMIT 6.4 ADMINISTRATION 6.4.1 Applicant: 6.4.2 Administrator: 6.4.3 BOUNDARY COUNTY BOARD OF COMMISSIONERS 6.4.4 CONSIDERATIONS INCLUDING BUT NOT LIMITED TO: 6.4.4.1 Whether the permit would be granted by the Boundary County Road and Bridge Department, ex cept for this variance. 6.4.4.2 Traffic safety 6.4.4.3 Site distance 6.4.4.4 Engineering study 6.4.4.5 Topography and geography of the area of the variance 6.4.4.6 Existing distance between driveways 6.4.4.7 Road surfaces 6.4.4.8 Speed limits 6.4.4.9 Additional traffic controls 6.5 APPLICABLE FEE FOR APPLICATION OF VARIANCE 6.6 FINAL DECISION ADOPTED THIS 29th DAY OF SEPTEMBER, 2020: Chairman Dinning "aye" Commissioner Cossairt: "aye" Commissioner Kirby "aye" COUNTY OF BOUNDARY BOARD OF COUNTY COMMISSIONERS S/ DAN R. DINNING, Chairman S/ WALLY COSSAIRT, Commissioner S/ WALT KIRBY, Commissioner ATTEST: S/ GLENDA POSTON Clerk of the Board of County Commissioners Recorded as instrument #283624 The full text of Ordinance 2020-2 is available and may be obtained from the Boundary County Clerk's Office at the Boundary County Courthouse, Bonners Ferry, Idaho during regular office hours, 9:00 a.m. to 5:00 p.m., Monday through Friday excluding holidays. This summary is true and complete and provides adequate notice to the public per I.C. 31-715A. S/ GLENDA POSTON, Boundary County Clerk BFH LEGAL 10503/AD#411257 OCTOBER 8, 2020

NOTICE OF HEARING ON NAME CHANGE ( Minor) IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY IN RE: Easton Lyric Hill CASE NO. CV-11-20-356 A Petition to change the name of Easton Lyric Hill, now residing in the City of Moyie Springs, State of Idaho, has been filed in the District Court in Boundary County, Idaho. The name will change to Easton Lyric Carter. The reason for the change in name is: Easton's biological father signed his rights away. My husband Easton's stepdad's & mine & his syblings last name is Carter. A hearing on the petition is scheduled for 10:00 o'clock a.m. on November 16, 2020, at the Boundary County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: September 16, 2020 GLENDA POSTON CLERK OF THE DISTRICT COURT By /s/ Jamie Wilson Deputy Clerk BFH#10492/AD#407639 SEPTEMBER 24, OCTOBER 1, 8, 15,2020

NOTICE OF TRUSTEE'S SALE NOTICE IS HEREBY GIVEN that on the 25th day of January, 2021, at the hour of 10:00 A.M.,(recognized local time) of said day at the BOUNDARY COUNTY COURTHOUSE, located at 6452 KOOTENAI STREET, BONNERS FERRY, IDAHO, 83805, JAMES S. MACDONALD, Esq., a member of the state bar of Idaho, as 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 the sale, the following described real property, situated in the County of Boundary, State of Idaho, and described as follows, to-wit: The South Half of the North Half of the Southwest Quarter of the Northeast Quarter (S1/2 N1/2 SW1/4 NE 14) of section Sixteen (16), Township Sixty (60) North Range Two (2) West, B.M. Boundary County, Idaho. The Successor Trustee is James S. Macdonald, Esq., whose address is 123 South Third Avenue, Suite 24, and who can be reached by telephone at (208) 263-6456. The Successor Trustee has no knowledge of a more particular description of the above-described real property, but for the purposes of compliance with Idaho Code $ 60-113, the Successor Trustee has been informed that the address of: 457 Twilight Lane, Sandpoint, ID 83864, may sometimes be associated with said real property. Said sale will be made without covenant or warranty, express or implied, regarding title, possession or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the deed of Trust executed by MICHAEL L. SHAW, a single man, as Grantor, to Berg & McLaughlin, Chtd, as Trustee, for the benefit and security of Terry R. Morgan and Jeannie M. Morgan, husband and wife as Beneficiary; said Deed of Trust having been recorded on July 27, 2016, as Instrument No. 267879, official records of Boundary County, Idaho. Please note: The above Grantor is named to comply with Idaho Code Section 45-1506(4)(a). No representation is made that he is or is not presently responsible for this obligation. The default for which this sale is to be made is failure of the Grantor to pay when due, monthly installments as set forth on the Note secured by said Deed of Trust. Monthly installments in the amount of $350.34, which includes principal, interest and escrow impounds, is due for April 10, 2020, and the 10th day of each and every month thereafter until paid. Interest due as of August 26, 2020, is in the amount of $1,216.17, and continues to accrue at the rate of 8% per annum. All delinquent amounts are now due and payable along with all costs and fees associated with this foreclosure. The principal balance owing as of this date on the obligation secured by said Deed of Trust is $29,182.08, plus accruing interest, fees and costs. DATED this 8th day of September, 2020. /s/ James S Macdonald SUCCESSOR TRUSTEE BFH#10490/AD#407086 SEPTEMBER 17, 24, OCTOBER 1, 8, 2020

N O T I C E O F L E T T I N G Idaho Federal Aid Project No. A019(046), in Boundary County, Key No. 19046; for the work of replacing the Ruby Creek #2 Bridge and realignment of the approaches in Boundary County at MP 100.691.. Sealed proposals will be received only at the office of the IDAHO TRANSPORTATION DEPARTMENT, 3311 WEST STATE STREET, BOISE, IDAHO 83703, ATTN: ADVERTISEMENT AND AWARD. Bids may also be submitted electronically through Bid Express (www.bidx.com.). All bids must be received by two o'clock p.m., on October 27, 2020. ADDITIONAL INFORMATION CONTACT: RESIDENT ENGINEER MEGAN KAUTZ (LHTAC) at (208) 344-0565 for any design related questions. Digital copies of the Plans, Proposals, and Specifications must be downloaded for a fee of $15.00. Bidders must appear on the plan holders list for their proposal to be accepted by the Department. Please contact QuestCDN.com at 952-233-1632 or info@questcdninfo.com for assistance in downloading and working with this digital project information. General Bidding information and Specifications may be obtained from the Idaho Transportation Department website at http://itd.idaho.gov/business/ In an effort to achieve ITD's DBE Annual Participation Goal (APG) of 8.3% utilization, ITD requires responder to utilize certified subcontractors and suppliers listed on its DBE Directory located at: https://itd.dbesystem.com/. For this project, it has been determined that there is a DBE availability of 5.0% or more. For more information regarding ITD's DBE Program please go to https://apps.itd.idaho.gov/apps/ocr/ocrDBEPROGRAM.aspx This contract requires full compliance with Title VI of the Civil Rights Act of 1964, which protects persons from being denied the benefits of or excluded from participation in programs or activities; or subjected to discrimination based on race, color, national origin, sex, age, disability, Limited English Proficiency or economic status. The Contractor is encouraged to utilize the goods and services of disadvantaged firms in accomplishing the tasks or providing the services of this agreement, and to provide equal opportunity to all sub-bidders and suppliers. BFH#10498 AD#409287 OCTOBER 1, 8, 2020

PUBLIC NOTICE OF INTENT TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES The following agencies of the state of Idaho have published the complete text and all related, pertinent information concerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin. The proposed rule public hearing request deadline is October 21, 2020, unless otherwise posted. The proposed rule written comment submission deadline is October 28, 2020, unless otherwise posted. (Temp & Prop) indicates the rulemaking is both Temporary and Proposed. (*PH) indicates that a public hearing has been scheduled. IDAPA 08 -STATE BOARD OF EDUCATION PO Box 83720, Boise, ID 83720-0037 08-0201-2001, Rules Governing Administration. (Temp & Prop) Establishes a methodology for reporting student enrollment, to include virtual or blended instruction; removes high school equivalency certificate application requirement; and technical corrections pertaining to funding and student counts. (eff. 8-26-20)T 08-0202-2002, Rules Governing Uniformity. References new Advanced Professional Endorsement to align rule with state law; and sets provisions for career technical educator degree based certification to comport with new legislation. 08-0501-2001, Rules Governing Seed and Plant Certification. Chapter repealed to conform to legislative action. IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE PO Box 83720, Boise, ID 83720-0036 16.03.09 - Medicaid Basic Plan Benefits *16-0309-2002, (*PH) Removes references to federal exclusion of Institutions for Mental Disease (IMD) to allow Medicaid reimbursement for services delivered to eligible adults in an IMD setting. *16-0309-2004, (*PH) Waives clearance requirements for Peer Support and Recovery Coaching service providers; implementation of an Electronic Visit Verification system to comply with federal law; and simplify procedures for Home Health services. *16-0310-2002, Medicaid Enhanced Plan Benefits. (*PH) Complying with federal law by implementing an Electronic Visit Verification system for Personal Care Services requiring in-home visit; and increases current Behavioral Care Unit census requirement to 30% for new providers. IDAPA 35 - STATE TAX COMMISSION PO Box 36, Boise, ID 83722-0036 35-0201-2001, Tax Commission Administration and Enforcement Rules. Adds 2021 interest rate and IRS Revenue Ruling for delinquent taxes. IDAPA 39 - IDAHO TRANSPORTATION DEPARTMENT 3311 W State St, Boise, ID 83707-1129 39-0271-2001, Rules Governing Driver's License Violation Point System. (Temp & Prop) Per enacted law, adds new violation and driver's license assessed points for distracted driving. (eff. 8-20-20)T IDAPA 50 - COMMISSION OF PARDONS AND PAROLE 3056 Elder St, Boise, ID 83705 50-0101-2001, Rules of the Commission of Pardons and Parole. Requires service of legal documents on commissioners or agency staff to be processed by assigned deputy attorney general. IDAPA 54 - OFFICE OF THE STATE TREASURER 700 W Jefferson St, Ste. 126, Boise, ID 83720 54-0201-2001, Rules Governing the College Savings Program. Chapter repealed to conform to legislative action. IDAPA 59 - PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI) PO Box 83720, Boise, ID 83720-0078 59-0101-2001, Rules for the Public Employee Retirement System of Idaho (PERSI). Omission of certain terms due to enacted legislation for "Police Officer Member Status"; and changing an age requirement per federal law. IDAPA 61 - IDAHO STATE PUBLIC DEFENSE COMMISSION 816 W Bannock, Ste 201, Boise, ID 83702 *61-0101-2001, Rules Governing Training Requirements for Defending Attorneys and Administration of Training Funds. (*PH) Repealed. *61-0101-2002, General Provisions and Definitions. (*PH) New Chapter contains general provisions and definitions applicable to PDC. *61-0102-2001, Rules Governing Uniform Data Reporting Requirements & Forms for Defending Attorney Annual Reports. (*PH) Repealed. *61-0102-2002, Requirements and Procedures for Representing Indigent Persons. (*PH) New Chapter contains minimum requirements counties and attorneys must meet for public defense and representation of Indigent Persons. *61-0103-2001, Rules Governing Contracts and Core Requirements for Contracts Between Counties and Private Attorneys for the Provision of Indigent Defense Services. (*PH) Chapter Repealed. *61-0103-2002, Records, Reporting and Review. (*PH) New Chapter contains minimum public defense recordkeeping and reporting requirements and PDC's review of this information. *61-0104-2001, Rules Governing Procedures and Forms for the Application and Disbursement of Indigent Defense Financial Assistance. (*PH) Chapter Repealed. *61-0104-2002, Financial Assistance and Training Resources. (*PH) New Chapter contains requirements for public defense financial assistance and trainings offered through the PDC. *61-0106-2001, Rules Governing Procedures for the Oversight, Implementation, Enforcement, and Modification of Indigent Defense Standards. (*PH) Chapter Repealed. *61-0107-2001, Rules Governing Standards for Defending Attorneys that Utilize Idaho's Principles of an Indigent Defense Delivery System. (*PH) Chapter Repealed. *61-0108-2001, Rules Governing the Administration of Idaho's Indigent Defense Delivery System - Rule Definitions. (*PH) Repealed. NOTICE OF ADOPTION OF TEMPORARY RULE ONLY IDAPA 24 - DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES 24-2001-2002, Rules of the Division of Occupational and Professional Licenses (eff. 8-7-20)T IDAPA 39 - IDAHO TRANSPORTATION DEPARTMENT 39-0000-2000F, Omnibus Rulemaking - Amendment to Temporary Rule - Amends Title 02, Chapter 60 (eff. 1-1-21)T NOTICE OF PROCLAMATION IDAPA 13 - IDAHO FISH AND GAME COMMISSION / DEPARTMENT OF FISH AND GAME 13.01.09 - Rules Governing the Taking of Game Birds. 13-0109-2001AP (Amended), 13-0109-2001AAP (Amended), 13-0109-2005P. 13.01.11 - Rules Governing Fish. 13-0111-1901AAAAAAP (Amended), 13-0111-2003P. Please refer to the Idaho Administrative Bulletin October 7, 2020, Volume 20-10, for the notices and text of all rulemakings, proclamations, negotiated rulemaking and public hearing information and schedules, executive orders of the Governor, and agency contact information. Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/ Office of the Administrative Rules Coordinator, Division of Financial Management, PO Box 83720, Boise, ID 83720-0032 Phone: 208-334-3900; Email: adminrules@dfm.idaho.gov BFH#10502/AD#410854 OCTOBER 8, 2020

NOTICE OF TRUSTEE'S SALE On Wednesday, the 6th day of January, 2021, at the hour of 10:00 o'clock a.m. of said day at Boundary Abstract Co. Ltd., 6977 Main St., Bonners Ferry, in the County of Boundary, State of Idaho, Ryan M. Fawcett, as Successor Trustee, will sell at public auction, to the highest bidder, for cash, in lawful money of the United States, all payable at the time of sale, the following described real property situated in the County of Boundary, State of Idaho, and described as follows, to-wit: The land referred to in this document is situated in the State of Idaho, County of Boundary, and is described as follows: PARCEL NO. 1 A parcel of land beginning 330 feet East and 526 feet North of the Southwest corner of the Northeast Quarter of the Southeast Quarter of Section 11, Township 62 North, Range 1 East, Boise Meridian, Boundary County, Idaho; thence North 240 feet to a point; thence West 140 feet to a point; thence South 240 feet to a point thence East 140 feet to the Point of Beginning. (Tax 28) PARCEL NO. 2 A parcel of land commencing 368 feet South of the Northeast corner of the West Half of the West Half of the Northeast Quarter of the Southeast Quarter of Section 11, Township 62 North, Range 1 East, Boise Meridian, Boundary County, Idaho, this being the True Point of Beginning; thence South 186 feet to a point; thence West 165 feet to a point; thence North 186 feet to a point; thence East 165 feet to a point of Beginning (Tax 35) LESS Beginning at a point which is 165 feet East and 350 feet North of the Southwest corner of the Northeast Quarter of the Southeast Quarter of Section 11, Township 62 North, Range 1 East, Boise Meridian, Boundary County, Idaho; thence North 970 feet to the North line of said Northeast Quarter of the Southeast Quarter. (Center line of County Road.) The Successor Trustee has no knowledge of a more particular description of the above-referenced real property, but for purposes of compliance with Section 60-113, Idaho Code, the Successor Trustee has been informed that the street address of 391 Day Break Rd., Bonners Ferry, Idaho, is sometimes 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 executed by KAYLA COFFMAN, A Married Woman as her sole and separate property, Grantor, to Ryan M. Fawcett, Successor Trustee, for the benefit and security of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded May 25, 2018, as Instrument No. 274173, Mortgage records of Boundary County, Idaho; and assigned to IDAHO HOUSING AND FINANCE ASSOCIATION by Assignment of Deed of Trust recorded on March 11, 2020, as Instrument No. 281055, Mortgage records of Boundary County, Idaho. THE ABOVE GRANTOR IS NAMED TO COMPLY WITH SECTION 45-1506 (4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT SHE IS, OR IS NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which this sale is to be made is the failure to pay when due, monthly installment payments under the Deed of Trust Note dated May 24, 2018, in the amount of $1,113.00 each, for the months of October, 2019 through August, 2020, inclusive. All delinquent payments are now due, plus accumulated late charges, plus all escrow advances, plus any costs or expenses associated with this foreclosure. The accrued interest is at the rate of 4.50% per annum from September 1, 2019, and the Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation. The principal balance owing as of this date on the obligation secured by said Deed of Trust is $156,794.93, plus accrued interest at the rate of 4.50% per annum from September 1, 2019. DATED This 27th day of August, 2020. RYAN M. FAWCETT, a Member of the Idaho State Bar, SUCCESSOR TRUSTEE BFH#10406/AD#406316 SEPTEMBER 17, 24, OCTOBER 1, 8, 2020

NOTICE TO CREDITORS (I.C. 15-3-801) IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY MAGISTRATE DIVISION In the Matter of the Estate of JAMES LEE HANSON, Deceased CASE NO. CV11-20-0351 NOTICE IS HEREBY GIVEN that JEFF AVERY has been appointed Personal Representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four (4) months after the date of the first publication of the Notice to Creditors, or within sixty (60) days after the undersigned mailed or delivered a copy of this Notice to such person, whichever is later, or said claims will be forever barred. Claims must be presented to Thomas A. Bushnell, Attorney at Law, PO Box 1833, Bonners Ferry, Idaho 83805, and filed with the Clerk of Court. DATED this 23 day of September, 2020. /s/ THOMAS A. BUSHNELL Attorney for the Estate BFH#10499/AD#409291 OCTOBER 1, 8, 15, 2020

NOTICE TO CREDITORS (I.C. 15-3-801) IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY MAGISTRATE DIVISION In the Matter of the Estate of JAMES WILLIAMS, Deceased. CASE NO. CV11-20-0362 NOTICE IS HEREBY GIVEN that EVELYN L. WILLIAMS has been appointed Personal Representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four (4) months after the date of the first publication of the Notice to Creidtors, or within sixty (60) days after the undersigned mailed or delivered a copy of this Notice to such person, whichever is later, or said claims will be forever barred. Claims must be presented to Thomas A. Bushnell, Attorney at Law, P. O. Box 1833, Bonners Ferry, Idaho 83805, and filed with the Clerk of Court. DATED this 24th day of September 2020. /s/ Thomas A. Bushnell Attorney for the Estate BFH#10500/AD#409543 OCTOBER 1, 8, 15, 2020