***Monday, March 28, 2016 at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

 

Blue Sky Broadcasting News Reporter Mike Brown was in attendance of the meetings off and on throughout the day.

 

Commissioners gave the opening invocation and said the Pledge of Allegiance.

 

9:00 a.m., Road and Bridge Department Superintendent Clint Kimball joined the meeting to give the department report. Mr. Kimball provided a written report. Mr. Kimball said crews have providing road maintenance as usual as well as sweeping roads between rain storms, sign work, and continuing education for mine safety training. Mr. Kimball said he had a good meeting with Richard Hunter at the State to discuss worker’s compensation insurance. This week Road and Bridge will continue sweeping, brushing, and grading roads. Road signs that were damaged over the weekend will be replaced. Mr. Kimball informed Commissioners that six loads of gravel are to be delivered for use on Ball Park Road with a follow up from Goodfellows’ inclusion of a project in that area. Mr. Kimball informed Commissioners that he has the plans from Union Pacific pertaining to the siding along Meadow Creek/Moyie River Road so he will start reviewing them. Commissioners and Mr. Kimball reviewed the plans and he added that there has been a change in thought pertaining to Channing Nagel in that Mr. Nagel will still have his own driveway.

 

Mr. Kimball said he and Courthouse Maintenance John Buckley may go reset boat docks tomorrow in Porthill. Mr. Kimball discussed the Myrtle Creek Bridge and said he plans to remove some of the wood and replace it with a few inches of asphalt for a good safe driving surface. He will go back a distance of 25 to 30 feet at each entrance to the bridge and excavate down to make a good transition. Because this bridge is 18 feet wide it meets criteria for a double lane bridge, but he will paint new stripes in order to direct traffic so the county can get the bridge back to its full 80,000 pound capacity. The bridge will still have issues, but this will buy time, according to Mr. Kimball. Interstate Asphalt will open on April 11th and if Road and Bridge were to wait and utilize Woods Crushing and Hauling, the project would have to wait until May. Pictures of the work will be taken and sent to the state engineer who will send the county a letter of compliance.

 

Mr. Kimball said he will probably open Old Highway 2 next week. Eileen Road has been opened as are various other roads.

 

Tom Daniel with Boundary Soil Conservation District joined the meeting.

 

Farm to Market Road and Copeland Hill are both now open. Mr. Kimball said breakup started off a bit rough, but cooperation has been good.

 

Mr. Kimball said he has been talking about cutting back on chipsealing this year as we need to do a lot more prep work beforehand. Ditches need to be cleaned and road shoulders need to be shaped up. Mr. Kimball said he will not completely stop the chipsealing program, but the water is not able to drain off the road. Mr. Kimball said he will still apply chipseal to certain areas that are due, but drainages on other roads need to be fixed. Water that is unable to drain off the road turns into frost creating longitude cracks in the road.

 

Mr. Kimball informed Commissioners the Cow Creek guardrail project was awarded funding, but he is not sure where funding stands on finishing chipseal and reconstruction of Deep Creek Loop.

 

Commissioners decided to continue the executive session with Mr. Kimball to 11:30 a.m.

 

The meeting ended at 9:21 a.m.

 

Commissioner Pinkerton moved to adopt Resolution 2016-14. A resolution to increase Current Expense revenue and Current Expense Clerk/Auditor expense budget. Commissioner Kirby second. Motion passed unanimously. Resolution 2016-14 reads as follows:

 

RESOLUTION 2016-14

 

INCREASE CURRENT EXPENSE REVENUE AND

CURRENT EXPENSE CLERK/AUDITOR EXPENSE BUDGET

 

                WHEREAS, the Board of County Commissioners, County of Boundary, State of Idaho, did establish an operating budget for the fiscal year 2015-2016 Current Expense Clerk/Auditor Budget, and

 

                WHEREAS, Boundary County received $2,347.78 from the Idaho Association of Counties as reimbursement for travel expenses for Clerk/Auditor Glenda Poston to attend the National Association of Counties (NACo) Legislative Conference in Washington D.C., and

 

                WHEREAS, Boundary County expended funds out of the Current Expense Clerk/Auditor Budget, Account Number 01-01-439, to initially cover Clerk/Auditor Glenda Poston’s travel expenses to Washington D.C., and

 

                WHEREAS, it is appropriate to increase the Current Expense Budget Revenue Account Number 01-00-0391-0004 and Current Expense Clerk/Auditor Expense Account Number 01-01-439, Travel – Other, in the amount of $2,347.78, and

 

                WHEREAS, the addition of this revenue does not affect the tax levy for Boundary County, and

               

                NOW THEREFORE, upon motion duly made, seconded and unanimously carried,

 

                IT IS RESOLVED that the increase to the Current Expense Revenue Account Number 01-00-0391-0004 and Current Expense Clerk/Auditor Expense Account Number 01-01-439, Travel – Other, in the amount of $2,347.78 is hereby authorized and ordered, and

 

                IT IS FURTHER RESOLVED that the Clerk is instructed to deliver certified copies of this resolution to the Boundary County Treasurer and the Boundary County Auditor.

 

                DATED this 28th day of March, 2016

 

COUNTY OF BOUNDARY     

                                                                BOARD OF COUNTY COMMISSIONERS

                                                                s/________________________________                

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/________________________________                     

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/________________________________                      

                                                                                                Walt Kirby, Commissioner

ATTEST:

s/________________________________________________                   

Glenda Poston, Clerk of the Board of County Commissioners

Recorded as instrument #266711

 

Chairman Dinning said Commissioners want to reconsider the terms for the County’s Noxious Weed Board members and pass an accompanying resolution to do so. Chairman Dinning said he proposes three year staggered terms for the members so if Commissioner Kirby and Commissioner Pinkerton do not have any issues with this, a resolution can be drafted. Commissioner Kirby and Commissioner Pinkerton agreed with the proposal to amend the terms.

 

Chairman Dinning informed Commissioner Pinkerton and Commissioner Kirby that he spoke to Mike Naumann of the County Waterways Board last week and informed Mr. Naumann of the importance of getting the Rock Point Dock project started so the county doesn’t lose the funding. Chairman Dinning said Commissioners may need to hold a meeting with the Waterways Board.

 

Commissioner Pinkerton moved to approve the Certificate of Residency for Rebekah Smith. Commissioner Kirby second. Motion passed unanimously.  

 

Commissioners and Clerk Poston discussed the Boat Safety Grant program. It was said $3,748 is the amount not to exceed for this grant.

 

Commissioner Pinkerton moved to write a letter to John Deere headquarters regarding concerns of losing John Deere representation in Boundary County. Commissioner Kirby second. Motion passed unanimously.  

 

Attorney Tevis Hull contacted Commissioners via telephone at 9:31 a.m.

 

Chairman Dinning said at this point Commissioners need to decide if we are going to intervene in the lawsuit involving the United States Fish and Wildlife Service and the Alliance for Wild Rockies and what that process will look like. Chairman Dinning asked Commissioner Pinkerton and Commissioner Kirby if they want to intervene. Commissioners Kirby and Pinkerton said yes. The cost estimate to intervene is between $50,000 and $100,000, but that would be split between the counties involved. Attorney Hull said those who may intervene in this case could include Lincoln County in Montana, Boundary County, and potentially Bonner County and the worst case assumption is that only two parties will intervene. Attorney Hull said the other consideration is that the balance due for intervening is not all due up front, but instead is spread out over time so a certain amount may be due this fiscal year and some due the next fiscal year.

 

Attorney Hull said Commissioners will need a resolution to intervene as well.

 

Commissioner Pinkerton moved to adopt Resolution 2016-15. A resolution approving Boundary County Commissioners to intervene in the lawsuit, Case #CV16-021DLC, presented before Boundary County Commissioners; Lincoln County, Montana Commissioners; and possibly Bonner County Commissioners, between the United States Fish and Wildlife Service and the Alliance for the Wild Rockies regarding the grizzly bear uplisting. Commissioner Kirby second. Motion passed unanimously. Resolution 2016-15 reads as follows:

 

 

 

RESOLUTION 2016-15

 

APPROVING COMMISSIONERS’ POSITION TO INTERVENE IN THE 2016 LAWSUIT BETWEEN THE UNITED STATES FISH AND WILDLIFE SERVICE AND THE ALLIANCE FOR THE WILD ROCKIES 

 

WHEREAS, in December 2014, Alliance for the Wild Rockies filed a petition with the United States Fish and Wildlife Service (“FWS”) to list the Cabinet-Yaak Ecosystem population of grizzly bears as an endangered species and to designate critical habitat in the Cabinet-Yaak Ecosystem to which the FWS issued a denial, and;

 

WHEREAS, in February 9, 2016, Alliance for the Wild Rockies filed a lawsuit, Case #CV-16-021-DLC, against FWS alleging that FWS ignored decades of science on the population of grizzly bears in the Cabinet-Yaak Ecosystem, and;  

 

NOW THEREFORE BE IT RESOLVED, Boundary County wishes to intervene on behalf of the FWS in conjunction with Lincoln County, Montana, and possibly others.

 

ADOPTED this 28th day of March, 2016.

                                                                                                COUNTY OF BOUNDARY

                                                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                s/_____________________________

                                                                                                Dan R. Dinning, Chairman

                                                                                                s/_____________________________

                                                                                                LeAlan L. Pinkerton, Commissioner

                                                                                                s/_____________________________

                                                                                                Walt Kirby, Commissioner

ATTEST:

s/________________________________

Glenda Poston, Clerk

Recorded as instrument #266684

 

Attorney Hull informed Commissioners that he is still working on the letter to property owner David Byler as it pertains to land acquisition associated with Airport Improvement Project.

 

Commissioner Kirby moved to sign the letter regarding the David Byler property matter as it pertains to the Airport Improvement Project once it has been drafted. Commissioner Pinkerton second. Motion passed unanimously.

 

Mr. Brown and Mr. Daniel left the meeting.

 

Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. 10:01 a.m. The executive session ended. No action was taken.

 

10:01 a.m., Boundary Soil Conservation District Administrative Assistant Rene Riddle and Chairman Tom Daniel joined the meeting.

 

Ms. Riddle said in the past the county has provided the Soil Conservation District with a letter of intent for an amount of $9,000 and the State of Idaho tries to double that amount. Chairman Dinning asked if the Natural Resources Conservation Service (NRCS) is helping with the Lower Kootenai River Watershed Restoration project. Ms. Riddle said yes to include outreach. The Soil Conservation District provides outreach and helps with NCRS as well. Those present tried to find out when the last county increase for the Soil Conservation District had occurred. It was said the Soil Conservation District is a board made up of local agriculture citizens.

 

Commissioner Kirby moved to sign the letter of intent to the Boundary Soil Conservation District for the amount of $9,000. Commissioner Pinkerton second. Motion passed unanimously.

 

Mr. Daniel and Ms. Riddle left the meeting at 10:12 a.m.

 

Commissioner Pinkerton moved to approve and sign the Agreement between the Idaho Department of Parks and Recreation and Boundary County as it pertains to the State of Idaho Recreational Boating Safety Program goals and the Idaho Safe Boating Act. Commissioner Kirby second. Motion passed unanimously.

 

Commissioners tended to administrative duties. 

 

10:30 a.m., Bonners Ferry District Forest Ranger Kevin Knauth joined the meeting.

 

Mr. Knauth said the Forest Service did not have the Five Year Action Plan meeting due to the absence of too many people so the next meeting is set for April 22nd. Mr. Knauth said he has pulled people together to look at zone opportunities such as the Community Forest Landscape Restoration Plan (CFLRP) so that is ongoing. Mr. Knauth mentioned the North Zone project and the Buckskin Saddle project that touches both Sandpoint and the Coeur d’ Alene River Districts. Mr. Knauth said other projects are in the Priest Lake area and he will need to see where more opportunities are. Chairman Dinning mentioned a 3,000 acre project and suggested the Forest Service treat the faces along the west side.

 

Mr. Knauth briefly mentioned various projects to include Deer Creek, Boulder and the Trout-Ball, Dawson/Camp Nine, and the Brush Lake areas. Work will be done on the Dawson/Camp Nine project before the Ball project as the Forest Service wants to take the opportunity to look at the face so those two projects are listed in the current five year plan. Mr. Knauth said it would be wise for at least one Commissioner to visit with the Bonners Ferry District prior to April 22nd to discuss a few opportunities. Chairman Dinning said it would be better to discuss opportunities in Commissioners’ office and agendize that discussion.

 

Mr. Knauth said the Forest Service is hearing through the vine that there is still national support for the Community Forest Landscape Restoration Project (CFLRP) and there is the potential to add more projects and extend the program to year 2019, but the Forest Service will have to be represented in the new five year action plan in order to utilize those dollars. The Deer Creek comment period has ended and good comments were received. The Forest Service is addressing the concerns that were received.

 

Mr. Knauth spoke of comments pertaining to the various alternatives involved in the Deer Creek project. The Forest Service is working with the Fish and Wildlife Service on the biological analysis for the Deer Creek Project and it will be in support of Alternative 2. The good thing about it is even if something changes down the road, the analysis will cover all other alternatives.

 

Mr. Knauth said the Forest Service is getting ready to fill the position left vacant by Pat Behrens.

 

Mr. Knauth said the Forest Service is working on the winter travel planning and he added that there is no funding source for National Environmental Policy Act (NEPA) yet. The Forest Service is working on the steps in advance of NEPA in case those dollars do become available. Those costs have been identified for the work so it is just waiting to see if those funds come in. In the meantime it is just laying the foundation.

 

Chairman Dinning mentioned that County Road and Bridge Department Superintendent Clint Kimball had stated the Forest Service may have had a temporary bridge available for when the Myrtle Creek Bridge was to be repaired. Mr. Knauth said the Forest Service did have these temporary bridges, but they are now being used elsewhere.

 

Mr. Knauth said the Tower fire salvage will consist of four sales. The first sale is coming in now followed by the next sale in the next two weeks and so on until all four packages are done.

 

Mr. Knauth said he has not heard anything on funding to fix Boulder Creek Road beyond the bridge. Mr. Knauth said no one has even looked at the bridge at Boulder Meadows in regards to river flows. The Forest Service will have hydrologists in that area and Mr. Knauth said he will see if they can also check that area out.  

 

Mr. Knauth said he would check his schedule as far as working on the five year action plan and get back to Commissioners to set up a meeting.

 

The meeting with Mr. Knauth ended at 10:50 a.m.

 

Commissioners tended to administrative duties.

 

Jim Crowley, District Liaison for the Idaho Department of Juvenile Corrections, and Boundary County Chief Probation Officer Stacy Brown joined the meeting at 11:03 a.m.

 

Mr. Crowley presented Commissioners with the 2016 edition of the Legislative Update. Mr. Crowley briefly spoke of meeting with the legislators of the 10 counties he represents and of how the Substance Use Disorder fund was allotted 4.3 million dollars. Ms. Brown said no one is denied services in this program so this year Boundary County overspent its budget for that.

 

Mr. Crowley said the district budget will be short $900,000 for juvenile courts.

 

Those present reviewed the 2015 Annual Juvenile Justice Report for Boundary County, which included discussion on juvenile offenders, mental trauma, and family issues. Chairman Dinning spoke of a meeting in which he heard $1,000,000 had been spent on one family so it would be interesting to see how much is actually being spent on families. Mr. Crowley said it would be difficult to determine, but it would be interesting to know and something possibly the Boise University Research Center could do. Ms. Brown said that is hitting the nail on the head as it is the family who influences the children. Those present reviewed statistics on intakes and releases and the average age of a juvenile when they are put on probation. Mr. Crowley said this is all related to probation and that the statistics on gender is generally consistent, but there has been a slight increase in female intakes. Recidivism rates and the percentage of state funding in the juvenile justice budget for Boundary County was also reviewed. Mr. Crowley said the amount of state funding will probably be the same for this upcoming year. Mr. Crowley said this report also includes the Agency 2014 Crime Report, which will probably just pertain to juveniles in the upcoming years. Mr. Crowley said the district budget should soon be set and in two to three weeks he will have budget information for Boundary County in relation to Ms. Brown’s upcoming budget. Clerk Poston said she likes to know how much funding the county will receive.

 

The meeting with Mr. Crowley and Ms. Brown ended at 11:24 a.m.

 

Road and Bridge Department Superintendent Clint Kimball joined the meeting at 11:27 a.m.

 

11:30 a.m., Commissioners and Mr. Kimball reviewed the map of the Union Pacific Railroad project to add a siding along the Moyie River Road. Chairman Dinning discussed improving site distances along the “S” corner such as removing trees in the right-of-way, etc. Mr. Kimball asked about making a request to Union Pacific Railroad as it pertains to the construction of a frontage road. Chairman Dining mentioned recommendations could be made pursuant to the county’s road standards. Mr. Kimball said the county’s road standards are somewhat lax. Chairman Dinning asked what the standards include. Mr. Kimball said this is not a collector arterial so there is not as much traffic. Commissioners suggested Mr. Kimball request from Union Pacific what he thinks is needed for this siding. Mr. Kimball said the Road Standards need to be adjusted, especially in definitions of an approach and driveway. Chairman Dining mentioned the concern of having adequate turn space for Ben and Linda Corson.

 

11:39 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1) b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 12:27 p.m.  No action was taken.

 

Commissioners recessed for lunch at 12:27 p.m.

 

1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner LeAlan Pinkerton, Commissioner Walt Kirby, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.

 

2:00 p.m., Restorium Administrator Karlene Magee joined the meeting.

 

2:03 p.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Commissioner Pinkerton second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Pinkerton “aye”, and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 2:28 p.m. No action was taken.

 

Commissioners tended to administrative duties.

 

3:00 p.m., First District Judge Barbara Buchanan, Kootenai Tribal Judge Cynthia Jordan, District I Problem Solving Court Manager Marilyn Kesner, Bonner County Misdemeanor Probation Officer/former Bonner County Commissioner Joe Young, Felony Probation Officer Ron Pell, Benewah County Misdemeanor Probation Officer/Drug Court Coordinator Marianne Kelley, and Bonner County Drug Court Graduate Shane Marble joined the meeting to discuss the possibility of starting a drug court in Boundary County. Boundary County Supervisory Court Clerk Della Armstrong was also present.

 

Judge Buchanan said she wanted to touch basis with Commissioners about the possibility of starting a drug court within the next few months as it is desperately needed. There are currently 30 people enrolled in drug court in Bonner County and 10 of those are Boundary County residents so because there is a great need, Bonner County has accepted Boundary County’s people. Judge Buchanan said Bonner County’s Prosecutor has agreed to provide seed money to start a drug court in Boundary County if she is unable to obtain funds from another source. Judge Buchanan said she was hoping to convince Commissioners as to why a drug court is needed as she has noticed the longer she is judge she finds she is putting addicts in jail and they are not getting better. The fallout for kids and families, economically, is so awful so she is hoping to turn their lives around. Drug Court is not a perfect remedy, but it is the best some people have. Judge Buchanan said felony probation caseloads are so high and it is a struggle to get more probation officers. There is limited funding for drug testing and home visits. Those on probation cannot be supervised as intensively so they continue to use over and over. Boundary County’s jail doesn’t have much room so that is a problem as well, according to Judge Buchanan.

 

Ms. Kesner said she brought with her all the information Commissioners had inquired about during a past meeting pertaining to statistics. Ms. Kesner explained that it is better to have people providing treatment who deal with this from day to day and who are engaged so it is a collaborative effort. Ms. Kesner said Bonner County Drug Court has had over 20 applicants since January 2015. Having 10 program participants from Boundary County presents an incredible challenge with transportation and the cost of gas. Ms. Kesner said this is the community the drug court participants from Boundary County would come back to. 

 

Mr. Young said he used to arrest people for misdemeanors and felonies when he had been in law enforcement prior to becoming a Bonner County Commissioner so he is looking at the point of view of only having so much money and how a drug court would be a tax benefit for the community. Mr. Young said he had seen lives change at the drug court and the jail. Mr. Young said he saw that there is a benefit, as a Commissioner, in having a drug court as far as how much more money the county would be spending otherwise, and now that he has been on the drug court team for the last four years he has come full circle. Three or four drug court participants graduated last fall after having alcohol problems. The addiction for drug users is so much harder. At drug court graduation participants gave testimony as to how drug court changed their lives as well as changed their associations. A previous drug court graduate said he had been arrested for his third DUI approximately 13 years ago and since having gone through drug court, he has gotten a job and got married. Mr. Young said he has wondered if a drug court is worth it, but he knows there are spouses and kids involved and they’re changing their lives forever so it is also a good investment for the community. The success rate is 30% to 40%, but he would like that to be higher. Mr. Young said he has seen this issue from every point of view, especially for the investment. Some of the drug court participants who are coming through the program now are the kids who have parents who had problems in the years before.

 

Chairman Dinning said of the 10 people from Boundary County, what occurred in the process to get them to Bonner County. Judge Buchanan said she just said it was not fair to only have drug court available in Bonner County and Mr. Pell added that Boundary County’s people needed drug court as well. Judge Buchanan spoke of the process of daily testing and drug court treatment in Sandpoint.

 

Judge Jordan said she is the judge for the Nez Perce Tribe and she has worked on a team for juvenile drug court at the Coeur d’ Alene Tribe. Judge Jordan said she is also a contract attorney for three prisons in the State of Washington so she deals with inmates who would not be sitting in jail if they had attended drug court. Chairman Dinning questioned how often there is a matter involving a tribal member from Boundary County. Judge Jordan said a local drug court would also benefit members of the tribe. One individual who went through drug court in Spokane County was a high school dropout who went back and finished high school, attended college and law school, etc. Judge Jordan said some people do drop out of drug court, but if you save at least one or two people, it is worth it.

 

Judge Buchanan spoke of one woman who was placed in drug court. This woman had a one year old child, but didn’t have a driver’s license so she couldn’t get housing. Judge Buchanan spoke of wanting to work with the tribe more. Judge Jordan said drug court is not an easy program, but it expects that certain rules are followed, including staying clean and sober. The participants are very accountable for all actions.

 

Ms. Kesner said she is privileged to introduce Shane Marble who has lived this scenario and who is from Boundary County. Mr. Marble introduced himself and explained that he has four kids and is married. Mr. Marble provided background information on himself and said that he had lived at the Gospel Mission and transitional housing in Sandpoint while attending drug court. Mr. Marble has completed drug court and now he has his kids full time, he has held a job for the last five years, and he is five years clean. Mr. Marble said he is able to help others who are in drug court and can offer jobs to others as part of his job duties. Mr. Marble said he rode a bike to drug court and back. Commissioner Kirby spoke of how much time the whole process probably took during a day’s time and he said it can be impossible unless you have someone helping you. Commissioner Kirby said he empathizes with people who are involved in this sort of program. He knows some of them and they have failed. Commissioner Kirby said from what he is hearing, no one here should be involved with this. This is running people through a justice system. Drug court is not needed as what is needed is a setting of people to help and give someone going through this a driver’s license. Judge Buchanan said you can get a drug court license if you attend the program. Legislature just passed this, but the person has to be safe and follow the set conditions. Drug court participants have to get a job, or at least do community service. Commissioner Kirby said his point was questioning if this is a justice problem or treatment? Commissioner Kirby said if there is not someone to help some of these people individually, they are back in the system.

 

Judge Buchanan said the biggest thing about drug court is treatment. Commissioner Kirby said if drug court was not run by the establishment, it would be successful. Mr. Young said the drug court mechanism involves the prosecutor, counselors, the accountability of Ms. Kesner, and someone involved with the urine analyses. Sandpoint and Bonner County deputies and physicians are also involved so there is a team of people that all participants going through drug court have as a resource. What it comes down to is if a person needing drug court is ready, the drug court team is ready. Mr. Marble has made that choice and many participants do, but without drug court, a participant may not make a decision to stay clean.

 

Mr. Marble said he tried probation and he only lasted three or four months as it is easy to sit in jail and then get released, but drug court helped him be accountable. Mr. Marble said he thought about drugs every day, but he had to be accountable. Mr. Marble said he needed to keep busy and that is what drug court did, it kept him busy. He had no one to turn to except those in drug court.

 

Commissioner Pinkerton thanked Mr. Marble for coming and telling his story as it is probably hard to talk about his addiction. Commissioner Pinkerton said to forget about the drug court, as it was Mr. Marble who made that change, not drug court and he applauds Mr. Marble for that. Commissioner Pinkerton said he believes in just punishment for a crime so that may mean jail, but drug court did not put Mr. Marble where he is today, Mr. Marble did. Drug court may have assisted, but it all boils down to the person. Commissioner Pinkerton said Mr. Marble made the statement that he had to get up every day and make a phone call to keep accountable. What is the consequence if that phone call was not made, going to jail? It is not drug court as drug court is somewhat of an in between. Commissioner Pinkerton said it is his point of view that if there are people who are not ready, there will continue to be a drug court, jail, etc. If there are 10 people from Boundary County, in his perception and past, if those people can be removed from the peer pressure, they have a chance of success. Some applicants are from Boundary County and now they are in Bonner County and out of this area so it is removing them from the people who supported that bad habit. Judge Buchanan said the two counties are so close though. Commissioner Pinkerton said he is really on the fence so he is not sure if he is in favor of drug court, but it isn’t that he doesn’t want people helped. Judge Buchanan asked what his plan would be. Judge Buchanan said in this county, as a judge, they can try to develop programs that help people. Legislature is trying to shut prisons. Most crimes are committed by those with addictions and people who are addicted don’t come out of jail with new skills, etc., when they are around other criminals. Commissioner Pinkerton said he understands the dynamics.

 

Chairman Dinning asked to hear from Ms. Kelley as from Commissioners’ perspective Boundary County and Benewah County share the same dynamic. Chairman Dinning said we are quite interested in cost and what it entails as well the county resources to include existing personnel that need to be involved in this program. If the county is going from no drug court to a full functioning drug court, what is involved?

 

Ms. Kelley said she thinks Commissioners already have the staff needed for drug court, which are people already dealing with the criminal system. Sometimes there is the addition of Idaho Department of Health and Welfare, public defenders, etc. Chairman Dinning asked what is needed of the Clerk’s Office. Ms. Kelley said court clerk staff will be in court to take minutes. The drug court coordinator handles a large part of the paperwork and the state will provide for payment of the Clerk’s staff. Chairman Dinning said Commissioners were looking at additional resources needed and how that functions at the county level. For clarification it was said that in Boundary County’s case there wouldn’t need to be an additional drug court administrator, an additional public defender, prosecutor, or clerk assigned to the judge. Ms. Kelley said that is correct. Ms. Kesner said when talking about personnel, they are already involved with those individuals. Chairman Dinning said his concern is that drug court will be held during normal business hours. Judge Buchanan said in Bonner County drug court is held during the evening hours, but the plan for Boundary County was to hold drug court during the day. Mr. Young said all Bonner County employees involved in drug court adjust their time so there is no overtime accrued and their time is flexed. Chairman Dinning said Boundary County runs with just the employees it needs as does Benewah County, so if there is an added program to Benewah County that takes the same amount of time, is the county able to absorb that without affecting other duties. Ms. Kelley said Benewah County just absorbed drug court and she has been doing this for 15 years now. Ms. Kelley said this treatment is paid for, the county charges clients for the urine analyses, and there is $4,000 set said for testing. Because Benewah County is small and there isn’t a drug court for the urine analyses, the program participants come to her office and they are charged. Ms. Kelley said she is a county employee.

 

Clerk Poston said in early discussions the program started out at no cost to the county, then it increased to $2,500, then $5,000 and now she has heard $10,000. Commissioner Pinkerton said we are all talking about this, but how great is the program if it is free. Commissioner Pinkerton said Commissioners’ job is management of the budget. For his personal opinion, it really isn’t about that as he needs to know what the cost to the county will be to make this happen. Judge Buchanan said there is the cost of mileage for Ms. Kesner to travel to Boundary County as that is a portion of her salary. Clients of the program are charged $45 per month to defray incentives. Ms. Kelley mentioned having monthly fees as well. Commissioner Pinkerton questioned what the cost will be to the county to have this opportunity. Commissioner Pinkerton added that he likes hearing the success story, but what are the dollars and cents as that is what Commissioners need to manage.

 

Chairman Dinning mentioned that the Clerk’s staff is already very busy so what is the additional burden going to be like, and he added that state legislators feel they can shift every responsibility to the clerk’s office and clerks just have to take that. There is more of that seen this year. The staff’s time is such that he would question the impact of drug court on their performance when these additional duties are added. Only Ms. Kelley can tell Boundary County Commissioners about that at this point, short of Commissioners talking to the Clerk of Benewah County. Ms. Kelley explained what her duties involve. Judge Buchanan said she tried to estimate what the hours would be for Boundary County’s staff and she estimated approximately two hours every two weeks. Chairman Dinning said there is an absolute advantage to pulling people with addictions out of their environment and maybe pulling people out of their environment would be something to consider. Judge Buchanan said people have tried to cut associations, but their parents or children, etc., are still here so they come back.

 

Mr. Pell said a lot of people don’t know how to take accountability for their actions, in general. They have no concept of having to take on any responsibility of getting a job. In that aspect, when you send someone to jail on a rider and they go through programming, they just end up coming back into the same environment. You have to have something available for these people when they get back so they can learn how to take on accountability and responsibility or you just lose them to drugs and alcohol. You lose these people due to peer pressure and they have no one to turn to, etc. A lot of people will come out of court and go right back to doing drugs, because they don’t know what to do. If there is drug court or something like it, you will have success. From the time a person is caught until they are sentenced, you have already invested thousands of dollars.

 

Commissioner Kirby said everyone in this room is part of this program and they see that court and jail just aren’t working so they feel that drug court is needed. Mr. Pell said this should also be making Commissioners upset because the county is paying this money out over and over again for jail and court.  

 

Ms. Kelley said drug court is an outpatient program. A community of treatment. A person in drug court has three urine analyses a week and attends either alcoholics anonymous or narcotics anonymous courses. These program participants have to buy into this process. Their actual friends are only drug friends. Research shows drug court does work. Mr. Marble wasn’t really ready to do this on his own and when he was good, he got a reward. Mr. Marble said it wasn’t just accountability, he was just broken, but it was the people from treatment who were positive.

 

Ms. Kelley said when you are in a controlled environment you have no choice and you’re just waiting to get out. Ms. Kesner said people are just engaged when they are in treatment and there are 18 months of intense treatment so it keeps them accountable. Chairman Dinning asked Mr. Pell why it is that a person has to get their third offense before offering them drug court as the recidivism rate for first time offender is high. Why not offer drug court in the beginning as opposed to waiting until the third offense. Chairman Dinning said if looking at the dollars and cents, why wait until multiple offenses have occurred. Mr. Pell said sometimes for a person it only does take one offense, but over half of these cases are repeat offenders. Chairman Dinning said if we’re looking at dollars and cents, generally crimes are committed by addicts and a lot of time the crimes are committed against the community so why not put first time offenders through this treatment instead of allowing them to fail multiple times. Ms. Kesner said this program’s participants are high risk and high needs so it would do more harm than good otherwise. Chairman Dinning said we don’t get involved until the situation is bad so would it be a benefit to get involved sooner. Would we be ahead to do that? Chairman Dinning asked Mr. Marble for his thoughts on that. Mr. Marble said he feels it takes a couple times for someone to get arrested before they are ready to commit to a program. Mr. Pell said this comes into play when a person is placed on probation, but then goes out with their old friends again and there is nothing to help them. Mr. Pell said so the alternative is the person either falls back into the same lifestyle or if there is a program to turn to like drug court, he believes the recidivism rate would drop immensely. Chairman Dinning said if there is a person with lifelong issues, why not put them in treatment. Judge Jordan said it just depends on how much the person wants to get better. You make the drug court fit the community the person wants to be in. It is not one size fits all. Programs are tailored to the various county’s needs. Participants in drug court are encouraged to contact a team member if they are having a hard time. Ms. Kelley said there is support among program participants as well as the team.

 

Chairman Dinning said Commissioners will do some more talking about this, but his concern is future funding.

 

The meeting to discuss drug court ended at 4:25 p.m.

 

There being no further business, the meeting adjourned at 4:25 p.m.

 

 

 

 

                                                                                __________________________________________

                                                                                DAN R. DINNING, Chairman

 

ATTEST:

 

 

________________________________________

GLENDA POSTON, Clerk

By: Michelle Rohrwasser, Deputy Clerk