Detention expansion plan in court's hands

SANDPOINT — Bonner County’s $10 million plan to expand detention facilities without a tax hike or vote of the people is in the hands of a district judge.

Oral arguments wrapped Monday on judicial confirmation of the proposal, with opponents accusing the county of using the court to circumvent the Idaho Constitution to embark on an unnecessary plan that will create a bottomless pit of taxpayer liability.

Attorneys for the county maintained opponents have fundamental misunderstandings about the mechanics of the project’s agreements and insisted liabilities cease if the county walks away from the 30-bed juvenile lockup and 60-bed work-release unit.

The plan involves Rocky Mountain Corrections constructing the facilities on the sheriff’s office grounds. Rocky Mountain would lease the buildings back to the county for a 30-year period, with inmate fees covering the cost of the annual lease payments.

The county can terminate the agreements and decide year-to-year if it wishes to continue the alliance.

The county is seeking judicial confirmation because the project can be accomplished without a tax increase. Also, language in the agreement confines the indebtedness to single fiscal years.

But taxpayers Lou Goodness and Daryl Wheeler, who are appearing as respondents to the county’s petition, contend the county is going out of its way to keep the issue out of voters’ hands and saddling the county with liabilities that will be anything but year-to-year.

Goodness said the lease payments must be considered in an aggregate context and future liabilities can’t be avoided by fiddling with exit language in the agreements.

“The respondent contends default is not a viable option, that many of the liabilities transcend the default. Removing the offending contractual language doesn’t necessarily remove the liability,” said Goodness.

Wheeler, the Republican nominee for sheriff, argued the facilities are not a necessity and chided the county for suggesting that the court find ways to deal with suspect clauses in the agreements.

“Opposer submits that the county basically admits that the agreements are flawed or at the very least not sufficiently understood,” said Wheeler.

Both Wheeler and Goodness further argued that the language in the agreements must be reviewed as submitted and any changes would require the county to start the review process anew.

Richard Skinner, the county’s counsel on the plans financial aspects, emphasized that the land and the facilities would revert back to the county at the end of the lease. If the county opts out five years into the 30-year lease, for instance, Rocky Mountain’s ownership would last 25 years.

Skinner emphasized Bonner County is the landlord.

“It’s clear that that’s who the landlord is here and that’s who the property goes back to once the lease is terminated,” he said.

Judge Charles Hosack ran through a series of hypothetical scenarios if the county backed out of the agreements, including the prospect of renting out beds to other jurisdictions if local demand is too slight and Rocky Mountain’s options if the county walks away. Skinner said Rocky Mountain could rent the facility to another user, but it would still be subject to the 30-year lease.

Hosack then took the matter under advisement.

“Hopefully, I’ll be able to get something out in terms of a decision in the reasonably near future,” said Hosack.