***Monday, September 23, 2013, Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, and Deputy Clerk Michelle Rohrwasser.

 

9:00 a.m., Deputy Clerk Nancy Ryals joined the meeting.

 

Commissioner Pinkerton moved to go into closed session under Idaho Code #31-874. Commissioner Kirby second. Motion passed unanimously. 9:05 a.m., Commissioner Kirby moved to go out of closed session. Commissioner Pinkerton second. Motion passed unanimously.

 

County resident Terry Capurso joined the meeting.

 

Commissioner Pinkerton moved to deny indigent applicant 2013-29 as per the Clerk’s recommendation. Commissioner Kirby second. Motion passed unanimously. 

 

Deputy Clerk Ryals left the meeting at 9:06 a.m.

 

Commissioners tended to administrative duties.

 

9:15 a.m., Sheriff Greg Sprungl and Chief Deputy Sheriff Rich Stephens joined the meeting to discuss a contract for law enforcement services. Bonners Ferry Herald Reporter Laura Roady also joined the meeting.

 

The Sheriff’s Office has a contract to provide law enforcement services for the Kootenai Tribe, and Chairman Dinning asked Sheriff Sprungl if his concern is the Tribe placing a person in a law enforcement position as well as coordination. Sheriff Sprungl said adding to the law enforcement contract had been discussed, but the Tribe has hired someone unattached to his office to a law enforcement position. Sheriff Sprungl compared it to the same situation as with the Coeur d’ Alene Tribe, which caused control issues over the jail, etc. Sheriff Sprungl said he doesn’t want to be forced to deputize someone he doesn’t supervise and the person the Tribe has hired is associated with a lawsuit so there are a host of problems. Chairman Dinning asked Sheriff Sprungl if he would like to set up a meeting with the Tribe to discuss these issues. Sheriff Sprungl said his feeling at the moment is if the Tribe wants to set up a police force, then do it all the way rather than halfway. Chairman Dinning encouraged Sheriff Sprungl to meet with the Kootenai Tribe so they know where the Sheriff is coming from.

 

The meeting with Sheriff Sprungl and Chief Deputy Sheriff Stephens ended at 9:25 a.m.

 

9:25 a.m., Boundary Volunteer Ambulance President Ken Baker and Blue Sky Broadcasting Reporter Mike Brown joined the meeting.

 

Commissioners tended to administrative duties.

 

9:30 a.m., Commissioner Pinkerton moved to convene as the Governing Board of the Boundary County Ambulance Service District. Commissioner Kirby second. Motion passed unanimously. 

 

Commissioners discussed details of the offer they are proposing to Boundary Volunteer Ambulance during the negotiation process to provide ambulance service.

 

Chairman Dinning said County Attorney Tevis Hull has sent a proposal to Boundary Volunteer Ambulance’s (BVA) Attorney Brian Woods for Boundary Volunteer ambulance to consider. The proposal is in response to the email from Attorney Woods dated September 19th and reviewed September 20th. This is Boundary County’s offer and it would be in complete compliance with the July 2012 letter. The offer is as follows:

·         The Ambulance Service District agrees to levy at the .04% rate on or before September 30, 2013 for the budget year 2013-2014.

·         The Ambulance Service District shall pay to BVA the entire service district levy funs collected (not including late fees or interest, if any) for 2013-2014 budget year to be spent as the BVA board directs, payments to be made twice per year, one half on or before January 31, 2014 and one half on or before July 31, 2014 less $80,000.00 plus interest to repay the promissory note singed September 4, 2012. The taxes collected would first be applied to the note and the remaining balance shall be paid to BVA.

·         The Commissioners do not want to be involved in BVA’s organizational structure of its Board of Directors.

·         The contract would be for two (2) years with the first year rate as stated above and the following year at the rate of $175,000.00. The contract would terminate after the second year.

·         Termination of the contract would only exist for breach of contract by either party. If the contract is breached by your client, then the County would be free to contract with other providers.

·         BVA would also have the use of the County building they are now using free of charge during the term of the contract.

·         BVA will supply all call records, type of calls, location of calls, level of service, and nature of transports to the Boundary County Commissioners and Ambulance District Board (currently the same board) every six months with the first report being provided on or before April 1, 2014.

 

Chairman Dinning said this sums up the offer that Commissioners talked about. The offer is more money than requested in one of the request for proposals submitted by a provider for this level of service over a two year period, and Commissioners feel it’s a very generous offer.

 

Commissioner Pinkerton said the forth bullet point mentions a two year contract and with a second year payment of $175,000. The next bullet point mentions the word “terminate”, but it should state “expire” at two years. This bullet point is just saying the contract with BVA would be for two years and after two years a contract with another provider will be established. Commissioner Kirby said he has no problems with the amendments. Commissioner Pinkerton said any contract comes to an end and Commissioners are just saying this contract expires at the end of two years. Chairman Dinning said Attorney Hull may have a reason for using the term “terminate” so he will not override that. At the end of two years there may be another Board of Commissioners and a new contract at that time.

 

Ms. Roady asked if this was Commissioners’ final offer. Chairman Dinning said the current agreement expires September 30, 2013. Mr. Capurso asked if there is any terminology in the county’s proposal for a time to respond to this offer. Chairman Dinning said no. Chairman Dinning said one of the prior requests for proposals stated that agency had a full time staff so with this amount of money he feels BVA could staff someone 24 hours a day seven days per week. Commissioner Pinkerton said with this amount of money there could be an expansion with BVA’s current operation. This is a good stepping stone and a right way to go, according to Commissioner Pinkerton. This is the maximum the county can afford and a contractor asking for funding needs to be aware that.

 

9:40 a.m., BVA EMT Alan Hamilton joined the meeting.

 

Mr. Capurso said this is a hypothetical question, but if the county’s proposal goes forward and is not acted on, can Commissioners put into place a temporary arrangement with Bonner County EMS. Mr. Capurso said his assumption is the proposal could possibly be acted upon after the first of the fiscal year so a contract with BVA could actually be enacted after having to enter into an agreement with Bonner County; and Chairman Dinning said yes, with BVA or any other ambulance provider the Commission chooses. Mr. Brown asked if the agreement could be prorated. Chairman Dinning said he wouldn’t deal with that until Commissioners got to that point. Ms. Roady asked how many offers have gone back and forth between BVA and Commissioners. Commissioners responded numerous offers.

 

Commissioner Kirby moved to adjourn as the Governing Board of the Boundary County Ambulance Service District. Commissioner Pinkerton second. Motion passed unanimously.

 

The meeting to discuss the offer for ambulance service ended at 9:40 a.m.

 

Commissioner Pinkerton moved to approve the minutes of September 9 and 10, 2013. Commissioner Kirby second. Motion passed unanimously.

 

Commissioners spoke to Attorney Tevis Hull via telephone.

 

Commissioner Pinkerton moved to go into executive session under Idaho Code #67-2345(1)a, to consider hiring a public officer, employee, staff member or individual agent, and f, to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 10:40 p.m., Commissioner Kirby moved to go out of executive session. Commissioner Pinkerton second. Motion passed unanimously. No action was taken.

 

There being no further business, the meeting adjourned at 10:45 a.m.

 

***Wednesday, September 25, 2013, Commissioners met in emergency session with Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Deputy Clerk Michelle Rohrwasser, and Chairman Dan Dinning and County Civil Attorney Tevis Hull participating via telephone.

 

Blue Sky Broadcasting Reporter Mike Brown, Boundary Volunteer Ambulance President Ken Baker, and Terry Capurso joined the meeting until going into executive session.

 

9:35 a.m., Commissioner Pinkerton moved to go into executive session under Idaho Code #67-2345, subsection 1 (a) to consider hiring a public officer, employee, staff member or individual agent, and (f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Commissioner Kirby second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye” and Commissioner Kirby “aye”. Motion passed unanimously. 10:40 a.m., Commissioner Pinkerton moved to go out of executive session. Commissioner Kirby second. Motion passed unanimously. No action was taken.

 

There being no further business, the emergency meeting adjourned at 10:41 a.m.

 

 

 

                                                            ___________________________________

                                                            DAN R. DINNING, Chairman

 

ATTEST:

 

 

_____________________________________

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk