Legislation could help boat owners

Posted: Friday, Feb 15, 2008 - 11:38:57 pm PST

By DAVE GOINS
Press correspondent

Bill meant to reinforce policy for 'reasonable' float home moorage rates

BOISE -- Top-level state executives support legislation introduced Friday to clarify how Idaho may regulate marina rental rates on floating homes, a North Idaho legislator said.

While presenting that measure to the Senate State Affairs Committee, Sen. Mike Jorgenson, R-Hayden Lake, said the legislation to make clear the existing state policy on floating home moorage rates was developed as the result of a request from the Idaho State Board of Land Commissioners.

The Land Board is comprised of five of Idaho's seven statewide elected officers, including the governor, secretary of state, public schools superintendent, attorney general and the state controller.

Jorgenson said some floating home owners at Bayview -- on Lake Pend Oreille -- feel their rent is being increased too much.

The new bill being co-sponsored by Jorgenson and Reps. Mary Lou Shepherd, D-Wallace, and Phil Hart, R-Athol, would require establishing a dispute negotiation or "arbitration" judgeship process upon the petitioning of 25 percent or more owners of floating homes moored at a specific marina.

Although the Land Board currently maintains a policy requiring that "reasonable" rental rates be charged on floating homes moored at marinas, the new legislation would strengthen that board policy by amending the state code's "Floating Homes Residency Act," according to Jorgenson.

Current Idaho law fails to provide guidance for settling rental rate disputes between the owners of marinas and floating homes.

"It's my understanding that the Land Board requested the (Idaho) Department of Lands to come up with legislation that would remedy this," Jorgenson told the Senate State Affairs Committee early Friday morning. "This legislation has been run by the Department of Lands and various members of the Land Board, and they said 'OK.'"

The Senate State Affairs Committee voted unanimously to give the floating home moorage reasonable rates legislation initial print approval, meaning the measure will get a Senate bill number and be eligible for a full committee hearing.

The lack of mobility for what Jorgenson refers to as "float homes" on lakes becomes more apparent when marina owners raise the rent, he said.

"There are very few marinas where you can take a new float home," Jorgenson said. "And it's next to impossible to move 'em out of the lake. And even if you did, where would you take 'em? So, one of the things would be fair, or comparable rent rates, at another marina, if there's such a thing."

According to a bill description, several primary factors would be considered by an arbitrator making a "binding arbitration decision" on reasonable moorage rates, including: "the current rental rate; the rent charged by comparable marinas; the marina owner's costs of owning or controlling the uplands, and need for a reasonable rate of return; availability and costs of alternative long-term floating home moorage sites (and); the need to maintain price stability in a market limited by state regulation and limited availability; and other factors."

Under the new bill's terms, the arbitrator would be required to issue findings within 60 days of appointment, and the costs and fees charged for the arbitrator's work would be split 50/50 between the tenants and the marina owner.

Jorgenson stressed to the committee that floating homes and houseboats are different, and that the legislation covers floating homes only.

"A lot of people assume that when you're talking float homes, that they can ... putter around the lake," Jorgenson said. "Well, that's not exactly true, because float homes are fixed, or attached to docks. They have sewer, water and electricity."

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so, jaba wrote on Feb 22, 2008 7:31 AM:

" Did the float homers stand up in fury and righteous indignation when the trailer people were evicted? No, they didn't - so why should ANYONE care what happens to you people? It's totally immaterial to us if you're evicted, pay or lot more or anything else that might happen. All we would like is your silence, as you gave yours earlier. "

db wrote on Feb 22, 2008 7:29 AM:

" If the money from the floathouses gos to education the majority of the money is used administration costs, look how much the lottery makes and how little filters down to education. And if the money gos to education I think increasing it by a foctor of 4 or 5 would be ok, after all these floathouses are no use to the average citizen and only obstruct the lake. "

jaba blue wrote on Feb 22, 2008 12:03 AM:

" "Pathetic Hypocrites" wrote ignorantly of the facts concerning the Bayview Mobile Park folks. Several floathomers I know worked with local concerned land based Bayview residents to find a way to arrange movement of the Pre-HUD(Federal law)trailers. One talked personally on more than one ocasion to KC Commissioner Currie to try to find a way to let the trailers be moved. They also worked hard with community activists to get a delay in the eviction deadline. The eviction process was started by Bob Holland, who is the same developer who killed the Kokanee, and gave his float home tenants 110% rental increases. The floathome owners did nothing to throw out the mobile home owners, it was Holland and the new owner whose plans to build a multi-storied condo will destroy the views of the long time residents. The float homers are merely trying to find a way to stop Holland from doing the same thing to them that he essentially did to the mobile home folks. They can't move, either; there are no other float home marinas. And there is no top dollar market for floathomes in a Bob Holland marina, where rents are twice what the other reasonable marinas charge. When they can't sell, Bob Holland swoops in and tries to buy it for a "fire sale" price. I don't know what drives your hatred of the float home community, but it certainly is apparent in all of your several postings under different names, and you don't discuss facts, you just spew out your hatred, and you have no credibility left. "

pathetic hypocrites wrote on Feb 21, 2008 1:40 PM:

"
The Bayview Mobile Park directly across from Waterford Floathome owners were not even given the opportunity to have their trailers moved. Idaho law won't allow it. They were evicted and there was no place for them to move their trailers or sell them. Most ended up at a local pit, but hey they can buy another trailer somewhere and guess what so can you buy another floathome somewhere and you will be able to sell your floathome for lots of money. Not so for your Idaho neighbors at the mobile park. " Idaho laws have created a monopoly" What a bunch of pathetic hypocrites you are.
Why aren't our Legislators addressing this issue. Other States are; as many people on fixed incomes live in these mobile parks. Time to vote them out!! "

to Jaba Blue wrote on Feb 21, 2008 10:28 AM:

" If living here is so intolerable for you, feel free to go back to Washington. "

BS floats too wrote on Feb 21, 2008 10:21 AM:

"
To Jaba Blue,

Go to http://www.vrbo.com/81173 - you will see
$500/2 nights .. $1400/week.
$10/night for each additional guest.
three-night mininum for holiday weekends.
Rates Based on Double Occupancy.

Note: Until confirmed, rates are subject to change without notice.
Dates available: Year Round

Plus you are aware that the rates that the State receives goes towards our (Idaho's) children's education. You deprive our children access to the lake and aren't even willing to pay your fair share. Greedy and selfish you are, as well as full of mis-truths! "

dbc wrote on Feb 21, 2008 7:24 AM:

" To Jaba Blue, can you read "who the hell cares" there are much more import items for the legislature to deal with than this bs. I still say it must directly effect some legislator or major supporter of theirs. If floathouses were eliminated I would not care one bit. "

Jaba Blue wrote on Feb 20, 2008 5:34 PM:

" The hatred and class envy that cloud the facts and lead to unproven,irrelevant,histrionic, and uninformed postings are unfortunate, and do not add any substance to the discussion. If people hate non-Idahoans and other folks who have something to show for hard work and many years of saving and investment, that is their problem and there is no point in trying to have a rational discussion with them.

Mrs. Shoemaker made a factual response to the first round of tripe, only to have a second round of the same garbage show up.

"To Lyn" should know that no sewage leaks have occurred because of anything a floathomer has done; the last two leaks happened due to construction done by Mr. Bob Holland, the same marina owner who killed all the Kokanee salmon, and who gave the floathomers in his two marinas moorage rate increases of over 110%.

"GTA" and "Ian" obviously don't know that Idaho laws have created a monopoly concerning floathome moorage, that floathomes can not move when faced with an unjustified moorage rate increase of over 110%. A market exists when a boater or a housing tenant gets an increase that they can't afford, or which they consider unreasonable; they can move to a different location. Since floathomes can not move anywhere, they must pay, or sell their place. Sale prices go down, because new potential buyers aren't going to pay as much for a floathome in Mr. Holland's marinas because rents are double that of a floathome space in a more reasonable marina.

"BS Floats Too" makes a totally false claim: a year long vacation rental market for floathomes simply does not exist, and anybody who has walked the docks in Bayview in Dec, Jan, Feb,and Mar. knows that.

The proposed legislation does not set or limit rental rates; it merely sets forth a procedure for arbitration. I doubt any of the negative posters bothered to look that up. It's easier to spew hatred and lies based upon what I suspect is nothing more than jealosy. "

BS floats too wrote on Feb 20, 2008 6:50 AM:

" To Lyn,

Bayview Floathome owners rent out their floathomes as vacation rentals, starting at $200 per night year round.
Is that a fair price? What does the public gain from your generosity? "

to Ian wrote on Feb 19, 2008 8:41 PM:

" "Fair" is whatever the market will bear. "

lan wrote on Feb 19, 2008 6:25 PM:

" You the legislators should take as much intrest in the rental of housing as in the moorage of float houses. Fair rental for housing is much more important than fair moorage rates but until that effects a legislator or prime contributor it will not happen. "

gta wrote on Feb 19, 2008 6:13 PM:

" Who the hell cares if they triple the rates or even more, if you don't like the rates move, thats what usally happens when the rent gos up and it is to much. "

to Lyn wrote on Feb 19, 2008 3:12 PM:

" 1. In other words, we need to evict only half of the people since they are intruders. Well, better half than none.

2. I bet there are spills and leaks all the time.

3. So, you admit that they DO block the view; another reason to rid the lake of these parasites.

4. If it's an exception, why did you bring it up?

5. If they're only paying $1000 a year, than they are getting a real bargain. I recommend at least tripling that fee.

6. Sorry that you selected a poor way to live, but (since you started it) living on a boat is like living in a trailer park, what makes you think you have ANY rights in this matter? It's the marina owner that OWNS the place; you're merely tenants. If you don't like it, find a place that you can buy. "

Lyn Shoemaker wrote on Feb 19, 2008 1:36 PM:

" Jeanne Hom and the other anonymous commentors are equally mis-informed and have not bothered to get the facts. Shame on you!

1. "Bayview float homes are primarily owned by Spokane residents."
Fact: Approx. 50% of the float homes in Bayview are owned by Idaho residents.

2. "Until recently Bayview float homes dumped their raw sewage into the lake."
Fact: Float homes have been connected to the Bayview sewer system for approximately 20 years.

3. "Bayview float homes block 95% of the views and prevent public access to the lake. Float home owners don't allow the public or locals on their docks"
Fact: Float homes do not block the views of the lake anymore than the many covered boat sheds and boats moored within the commercial marinas. The docks are owned by the marinas and float home owners have no control over who has access to those docks. The float home owners and our Association have testified at the IDL's IDAPA hearings last summer against the privatization of Idaho's marinas. We spoke in favor of public access to the marinas and the lakes of Idaho. We are in favor of public access and have stated so on many occasions in various public forums.

4. "Today a float home is advertised for sale in Bayview for $7000K."
Fact: While this float home is in Bayview, it is located on private property, not within a commercial marina and therefore would not be covered under the proposed legislation. That float home is the exception rather than norm.

5. "Do these float homes pay property taxes? I don't think so."
Fact: Since the float home owner does not own the marina or the water over which his/her float home floats or the land beneath it, a float home owner does not pay property taxes on the float home. However, float home owners do pay personal property taxes on their float homes the same as mobile home owners do in Idaho. For many, those taxes are nearing $1000.00 per year and more.

6. "The marina owners should be able to charge whatever the market will bear for moorage - that's the American way that respects private property rights."
Fact: Past Governors and past Land Boards along with the current Land Board and Governor have stated that the State of Idaho has created this problem where a free market does not exist for floating homes. We are simply asking for a way to resolve "unreasonable" moorage increases because it is nearly impossible to move a float home from one marina to another marina or to private property. The free market system doesn't exist for float homes in Bayview.

"

wow wrote on Feb 18, 2008 8:51 AM:

" So, the rich boat people need a lobbyist, eh? Is there any clearer indication possible that they need to be evicted post haste from their floating castles? I say chase the scoundrels out with torches, tar and feathers and the sooner the better! "

gca wrote on Feb 18, 2008 8:04 AM:

" So the legislators have no staff and relying on lobbyists. That is like putting a fox in-charge of the hen house. No wonder there is so much crap legislation, Mike Jorgenson should be recalled, remember him at election time. "

Unbelievable- wrote on Feb 17, 2008 8:50 PM:

" Floating Homes Association
P.O. Box 444,
Bayview, ID 83803

To Bayview Residents:

The purpose of this letter is to ask you to seriously consider making a contribution to the Legal Fund of the Floating Homes Association (FHA). ...

District Three Senator Mike Jorgenson has been helping us, but he and others have told us that to have any chance of success, we must hire a Boise lobbyist. Idaho Legislators do not have any staff, and usually rely on lobbyists to supply them with facts and arguments as to why a certain bill should be passed, amended, or defeated. Said another way, the current proposed IDL amendment will certainly pass in its current form, unless we act quickly and decisively to get it amended.

We have just hired a highly recommended lobbyist, but her fee far exceeds our existing legal fund. We have asked our membership, and even those �floathomers� who are not members, to contribute as generously as they can, but it is unlikely we will raise enough money from them to reach the needed amount.

So we are asking you now for your support; whatever you can afford or are inclined to donate will help, and will be greatly appreciated. Please seriously consider helping us win our rent battle with greedy and unreasonable developers who apparently do not care about the charm and culture of Bayview. We think our float homes are part of that charm, and we want to stay a part of the Bayview community forever. Please help us.

We realize the recent holiday season may have strained budgets and we all have many other things going on. If you can donate now, please do. If that�s not possible, would you try to do so later on in February? Or if you would like to make a pledge now, and make monthly payments over some period of time convenient for you, just write a simple note as to what you want to do, and send it in to the following address.

Please mail your contribution to:
Lyn Shoemaker, Treasurer
FHA
PO Box 444
Bayview, ID 83803
Thank you so very much for your consideration.

Sincerely,

Powell Shoemaker, President 509-533-6455 pshoe417@comcast.net
Bob Brooke, Vice President 208-762-3664 Bob@robertdbrooke.com
Jamie Berube, Secretary 509-928-2570 jberube@smhca.org
Lyn Shoemaker, Treasurer 509-533-6455 pshoe417@comcast.net "

gb wrote on Feb 17, 2008 9:09 AM:

" The good ole SPECIAL INTREST LEGISLATURE is at it again, VOTE THEM OUT, let the legislature address things that are good for the citizens like taking sales tax off of goceries instead they are more concerened about the pockets of the jet set who owns float houses. What a bunch of B.S. VOTE THEM OUT. "

vote them out wrote on Feb 17, 2008 7:32 AM:

" Bayview Float homes are owned primarily by Spokane residents. Traditionally Washington residents own the Bayview Float homes. Until recently Bayview float homes dumped their raw sewage into the lake. Bayview Float homes block 95% of the views and prevent public access to the lake. The public (Townspeople's children can only access the lake and swim at the one public boat ramp owned by Idaho Fish and Game. Float home owners don't allow the public or locals on their docks. Many float home owners bought these floathome or inherited them for under $50K. Today a floathome is advertised for sale in Bayview for $700K. Do these floathomes pay property taxes? I don't think so. It is time for Idaho to reclaim the shoreline in Bayview for the good of the public.
Subsidizing floathomes- give me a break! Why are our Idaho representives representing this should be a question? Time to vote them out and put in people who look out for Idaho. "

dbc wrote on Feb 16, 2008 1:24 PM:

" Just more of the typical special intrest legislation from the Idaho legislature, gw you are probably right as it more than likely is effecting some legislator or major political contributor. "

oh, great wrote on Feb 16, 2008 11:06 AM:

" Still MORE gov't intrusion into our live via regulation. The marina owners should be able to charge whatever the market will bear for moorage - that's the simple, American way that respects private property rights. Any agency that forces 'arbitration' onto the property owner is wrong; I can't believe how socialist the Idaho lege has become. "

gw wrote on Feb 16, 2008 9:58 AM:

" Triple the rates, who cares, there should be as much intreest in fair rent and treatment of low income housing. The rise in fees must effect some legislator!!! "

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