Legals for December, 8 2023

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING November 28, 2023 CLERK – Approved payment of the FY24 Claims and Demands in Batch #4, with the exception of the Invoice to Joe Sullivan, Totaling $2,857,144.26.  Approved payment of the FY24 EMS Claims in Batch #4 Totaling $256,403.32.  EMERGENCY MANAGEMENT – Approved Resolution #23-94 and to revoke resolution 23-64 as there is no longer a threat to life and property in Bonner County regarding wildfire. Approved Resolution #2023-95 to accept the State Homeland Security Program Grant #23SHSP056 in the amount of $75,121.77 and allowed the chairman to sign. Approved Resolution #2023-96 designating the Director of Emergency Management as the designated single point contact for this grant for Bonner County. Approved Resolution #2023-97 to accept the Emergency Management Performance Grant #EMS-2023-EP-00003/97.042 in the amount of $33,113.48 with a match of $33,113.48 for the total award of $66,226.96 and allowed the chairman to sign. Approved Resolution #2023-98 designating the Director of Emergency Management as the designated single point contact for this grant for Bonner County.  BOCC – Approved a motion to draft and issue a statement correcting the Bonner County Sheriff’s Office public release as it relates to the inclusion of the Fairgrounds financial activity in the FY2022 audited financial statements with the amendment that the External Auditor not have communication with anyone in Bonner County except for the Prosecutor, the Auditor/Clerk, the BOCC, and the Treasurer.  BOCC – Commissioner Asia Williams Approved a motion to hold quarterly budget reviews, open to the public. Commissioner Omodt seconded the motion.  Approved a motion to alternate the order by which commissioner reports are given. Approved a motion to archive all public record requests online as they are answered with an amendment to table until legal weighs in.  Commissioner’s Omodt and Bradshaw stated that they did not feel it was appropriate that the Officer stays in ES. Commissioner Williams stated she disagreed and exited the meeting. EXECUTIVE SESSION – At 11:58 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Code § 74-206 (1) (B) Personnel. Commissioner Omodt seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries. Commissioner Omodt reconvened the meeting at 12:32 p.m. Commissioner Bradshaw made a motion to proceed as directed, pending approval of Auditing. Commissioner Omodt stepped down from the Chair and seconded the motion. Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries. The meeting was adjourned at 12:34 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 November 21, 2023 – November 27, 2023 Copies of the complete meeting minutes are available upon request. No meetings and no decisions took place. Legal#5767 AD#17479 December 8, 2023 _________________________

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING November 21, 2023 JUSTICE SERVICES – Approved the Justice Services Operating Agreement, which sets the operating plan for Justice Services for FY23-24 as supported by legislative code.  PLANNING – Approved Resolution #2023-93 for Right-of-Way Vacation for Thomas Street and a portion of Markham Street, Campbell Street, and an alley. Approved the Professional Services Contract with 7B Engineering.  ROAD & BRIDGE – Approved LHTAC & Local Agreement: Leading Idaho Bridge Program – Bridge #KN20645, KN30225, and KN30235 to replace the Rapid Lightning Bridge #4, Colburn Culver at Grouse Creek Bridge, and the Colburn Culver at Pack River (North) Bridge.  Commissioner Omodt recessed the meeting for 5 minutes at 10:49 a.m. Reconvened at 10:56 a.m. Commissioners Omodt and Bradshaw are present, Commissioner Williams was absent. EXECUTIVE SESSION – At 10:56 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 Williams – Absent, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes.  The motion carries. Reconvened at 11:08 a.m. Commissioner Bradshaw made a motion to proceed as directed regarding the three tuition reimbursement requests. Commissioner Omodt stepped down from the chair and seconded the motion. Roll call vote: Commissioner Williams – Absent, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes.  The motion carries. The meeting was adjourned at 11:09 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 November 14, 2023 – November 20, 2023 Copies of the complete meeting minutes are available upon request. On Tuesday, November 14, 2023, a USFS Update was held pursuant to Idaho Code §74-204 (2). On Wednesday, November 15, 2023, Tax Cancellations were held pursuant to Idaho Code §74-204 (2). Approved:  RP57N05W181803. On Wednesday, November 15, 2023, Assistance was held pursuant to Idaho Code §74-204 (2). On Thursday, November 16, 2023, an Election Canvass was held pursuant to Idaho Code §74-204 (2). Commissioner Bradshaw made a motion to accept the Bonner County election canvass from the November 7, 2023 Election. Commissioner Williams seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. On Thursday, November 16, 2023, an Executive Session was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (F) Litigation. On Thursday, November 16, 2023, a Special Meeting for the BOCC was held pursuant to Idaho Code §74-204 (4). Commissioner Williams made a motion that all actions and decisions from November 7 Executive Session be null, and void based on violations of open meeting law. Commissioner Bradshaw seconded the motion. Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes.  The motion carries and the action items are voided.  Commissioner Bradshaw made a motion to allow the expansion of the Holland and Hart contract to address the new Tort Claim. Commissioner Omodt stepped down from the chair and seconded the motion.  Extended discussion among the board, legal, Clerk Rosedale, Assessor Englehardt, and Comptroller Twineham (audio available). Commissioner Omodt stepped down from the chair and made a motion to allow for the expansion  to allow the expansion of the Holland and Hart contract to address the new Tort Claim as a finding of necessity because this is already being adjudicated in the court of public opinion.  Commissioner Bradshaw seconded. Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes.  The motion carries.  Commissioner Omodt stepped down from the chair and made a motion for the BOCC to use IC 31-802 in PRR requests as was suggested had to be done in an open meeting by counsel. Commissioner Bradshaw seconded the motion. Discussion with legal and the board.  Commissioner Williams made a motion to deny the request for the authority of the board to see my emails. No second, the motion dies. Commissioner Omodt stepped down from the chair and made a motion for the BOCC to use IC 31-802 in PRR requests that are outstanding for the emails between Commissioner Williams and Daryl Wheeler. Commissioner Bradshaw amended the motion to add pending legal interpretation.  Commissioner Omodt stepped down from the chair and seconded the amendment. Roll call vote (amendment):  Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes.  The motion for the amendment carries. Roll call vote (amended motion):  Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes.  The motion carries.  Commissioner Omodt made a motion to allow the BOCC to consult first with the Bonner County Prosecuting Attorney to seek clarification of Judge Julian’s protective order and to potentially hire outside counsel to aid in the drafting of the request.  Commissioner Bradshaw seconded the motion. Discussion among the board. Commissioner Omodt stepped down from the chair and made a motion to allow the BOCC to consult with the Bonner County Prosecuting Attorney seeking clarification of Judge Julian’s protective order and for the BOCC to potentially hire outside counsel to aid in the drafting of the request to be submitted to the court.  Commissioner Bradshaw seconded the motion.   Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – Abstain, Commissioner Bradshaw – Yes.  The motion carries.  Commissioner Omodt stepped down from the chair and made a motion for the BOCC to receive written counsel from the Bonner County Prosecutor’s office regarding the unauthorized surveillance of BOCC proceedings at the authorization of Bonner County Sheriff’s deputies as approved by Bonner County Sheriff, Daryl Wheeler, in the Bonner County Board of Commissioners’ Executive Sessions and in in our office. Commissioner Williams seconded the motion. Discussion among the board. Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes.  The motion carries. Commissioner Omodt stepped down from the chair and made a motion for the BOCC to remove attorney client privilege from January 9, 2023 from individual commissioners and make it only for the Board of Commissioners as a body.  Commissioner Bradshaw seconded the motion. Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Abstain.  The motion fails. On Thursday, November 16, 2023, a Special Meeting for Engineering was held pursuant to Idaho Code §74-204 (4). Commissioner Omodt stepped down from the chair and made a motion to discontinue the DMV add alternate with the intention of conducting a facility plan for the administration building to incorporate future staffing needs, customer efficiencies, and parking needs by having Engineering conduct a facility study providing concepts for approval. Commissioner Williams seconded the motion to advance for discussion. Lengthy discussion followed. Commissioner Williams called the question.  Commissioner Omodt seconded the motion to call the question. Roll call vote:  Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes.  The motion passed. Legal#5768 AD# 17483 December 8, 2023 _________________________

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING November 14, 2023  CLERK – Approved payment of the FY24 Claims and Demands in Batch #3 Totaling $2,092,669.04. Approved payment of the FY24 EMS Claims and Demands in Batch #3 Totaling $51,937.99. FACILITIES– Approved Resolution 2023-91 and authorize the transfer of $50,000.00 from Justice Fund Facilities 03410/7530 to the Justice Fund Sheriff’s Building Maintenance budget 036450/7430 and authorize the Chairman to sign administratively.  SHERIFF – MARINE – Approved Resolution 2023-92 authorizing the transfer of funds from the Marine Division’s FY2023 miscellaneous revenue line item (03479/5670) to the FY2024 equipment line item (03479/8590) in the amount of $15,000.00. Approved the purchase a Changeable Message Sign for the Marine Division from Stalker Radar Applied Concepts, Inc in the amount of $15,000.00.  SOLID WASTE – Approved that the County approve the Letter of Intent to renew the backhoe lease purchase agreement with Umpqua Bank and the Chairman to sign administratively. BOCC – Approved the Bonner County Proclamation acknowledging National Apprenticeship Week, November 13-19, 2023. BOCC – Amended the agenda to table this item until legal review is provided to the entire board. Commissioner Omodt recessed the meeting at 12:34 p.m.  Commissioner Omodt reconvened the meeting at 12:53 p.m.  EXECUTIVE SESSION – At 12:56 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 1:00 p.m.  The meeting was adjourned at 1:00 p.m.  _________________ The following is a summary of the Board of County CommissionersSpecial Meetings, (including Tax Cancellations, Assistance Meetings/Admin and other) Executive Sessions, Emergency Meetings and Hearings held during the week of November 7, 2023 – November 13, 2023 Copies of the complete meeting minutes are available upon request. No meetings and no decisions took place. Legal# 5770 AD#17495 December 8, 2023 _________________________

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING November 7, 2023 FACILITIES– Approved Resolution #2023-87 and authorize the transfer of $8,000 from ARPA interest funds to Facilities 00110/6110 (overtime) budget and authorize the Chairman to sign administratively. Approved Resolution #2023-88 to move $4,547,571.76 from FY23 00118/9480 and $1,828,339.93 from FY23 99918/9480 to FY24 00118/9480 and 99918/9480 for the carryover of the EMS Station 1/Office/DMV Project.  Commissioner Omodt recessed for 5 minutes at 9:51 a.m.  Commissioner Omodt resumed the meeting at 9:56 a.m.  Commissioner Williams did not return to the meeting, a note was left with the clerk  TREASURER – Approved the attached contract for Courier Services with Rush Delivery. The contract has been reviewed by legal.  NOXIOUS WEEDS– Approved Resolution #2023-89 authorizing the destruction of Bonner County herbicide application records and state noxious weed cost share records as requested. JUSTICE SERVICES – Approved the 22/23 Juvenile Justice services 22/23 Annual Report.  RISK– Approved Resolution #2023-90 for the transfer of $246,325.  Commissioner Omodt recessed the meeting at 10:10 a.m.  Commissioner Omodt reconvened the meeting at 10: a.m.  EXECUTIVE SESSION – At 10:18 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 Bradshaw – Yes. The motion passed. Commissioner Omodt reconvened the meeting at 10:49 a.m. Commissioner Bradshaw made a motion to proceed as discussed. 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. EXECUTIVE SESSION – At 10:49 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 11:12 a.m. Commissioner Omodt stepped down from the Chair and made a motion to proceed as discussed regarding the expansion of the contract with Holland and Hart to address the new tort claim. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – Yes, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt stepped down from the Chair and moved to authorize Commissioner Luke Omodt to continue utilizing IC 31-802. Commissioner Bradshaw seconded the motion. Commissioner Williams stated that feels like there should be an explanation as to why they are searching in her email box. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt stepped down from the Chair and moved that the BOCC be allowed to consult with the Bonner County Prosecuting Attorney to seek clarification of Judge Julians protective order and potentially hire outside counsel to assist in the drafting of the request. Commissioner Bradshaw seconded the motion. Commissioner Williams stated that the BOCC has no right to do anything related to a civil order of protection.  Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. Commissioner Omodt stepped down from the Chair and move that the BOCC seek immediate counsel with Prosecuting Attorney Marshall regarding the body cam footage that has been consistently taken by members of the Bonner County Sheriff’s Office in executive sessions of the Bonner County Commissioners. Commissioner Bradshaw seconded the motion and stated that he does so with the understanding of the severity of something accidentally happening to evidence not being presented in its entirety in its unedited version soon, that was done today from the time this ES started until it ends. Roll call vote: Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. The meeting was adjourned at 11:16 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 31, 2023 -November 6, 2023 Copies of the complete meeting minutes are available upon request. On Wednesday, November 1, 2023, Tax Cancellations were held pursuant to Idaho Code §74-204 (2). Approved: RP56N01W101660, Homeowner’s Exemption – Multiple Parcels. On Thursday, November 2, 2023, a Special Meeting for the BOCC was held pursuant to Idaho Code §74-204 (4). Commissioner Omodt stepped down from the chair and made a motion to establish an Audit Committee that will be responsible for submitting and creating, working with the legal counsel for the Board of County Commissioners to create and submit RFPs for an audit for Bonner County and an audit for the Bonner County Fairgrounds, and the Audit Committee will be the place where all communications will flow through, the members of this committee will be Commissioner Steve Bradshaw representing the Board of County Commissioners, the Clerk, the Comptroller, the Board of County Commissioners legal representative, and Treasurer Koster.  Commissioner Bradshaw seconded the motion. Roll call vote:  Commissioner Omodt – Yes, Commissioner Williams – No, Commissioner Bradshaw – Yes. The motion passed. On Thursday, November 2, 2023, a Planning Update was held pursuant to Idaho Code §74-204 (2). On Monday, November 6, 2023, A Department Head Meeting was held pursuant to Idaho Code §74-204 (2). On Monday, November 6, 2023, an Insurance Update was held pursuant to Idaho Code §74-204 (2) and Idaho Code § 74-206 (1) (D) Records Exempt. Legal# 5769 AD# 17497 December 8, 2023 _________________________