HomeMy Public PortalAboutPacket_City Council_07162019
City Council Meeting
July 16, 2019
Tab A
Agendas
Tab B
Minutes
1. Work Meeting & Regular Meeting
Minutes– June 25th
2. Planning & Zoning Minutes – July 10th
4. Special Meeting Minutes – July 11th
Tab C
June Financials
Tab D
Fiscal Year 2020 Preliminary Budget
Tab E
Discussion of Amendments to Iona City
Code Sections 11-1-5 and 11-11-12;
Pertaining to Home Occupations
Tab F
Discussion of Amendments to Iona City
Code Section 4-1-1; Pertaining to Business
Licenses
Tab G
Public Hearing- Conditional Use Permit,
Ken Baldwin, Car Sales on R-1 Lot
Tab H
Public Hearing- Ordinance to Amend
Sections 1-5-8 and 1-6-5 to Revise Salaries
for Mayor and City Council
Tab I
Approval of Legal Services Proposal-
Fiscal Year 2020 for Holden, Kidwell, Hahn
& Crapo, P.L.L.C.
Tab J
Bonneville County Sheriff’s Office
Contract Proposal
TAB A
AGENDA 1
Iona City Council Work Meeting
July 16, 2019 – 6:00 p.m.
Iona City Hall – 3548 North Main Street
1. WELCOME
2. ITEMS OF BUSINESS
a. Discussion of Fiscal Year 2020 Preliminary Budget
b. Discussion of Amendments to the Iona City Code Sections 11-1-5 and 11-11-12;
Pertaining to Home Occupations
c. Discussion of Amendments to the Iona City Code Section 4-1-1; Pertaining to
Business Licenses
d. General Water System Discussion
3. ADJOURNMENT
1 The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed
on the Agenda. Persons wishing to items placed on the Agenda should contact the City Clerk no later than the
Tuesday Prior to the next meeting. Persons needing special accommodations to participate in the meeting should
contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting.
AGENDA 1
Iona City Council Regular Meeting
July 16, 2019 – 7:00 p.m.
Iona City Hall – 3548 North Main Street
1. WELCOME
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CONSENT AGENDA
ALL OF THE LISTED CONSENT AGENDA ITEMS ARE ACTION ITEMS
a. Minutes from City Council Work Meeting & Regular Meeting- June 25, 2019
b. Minutes from Special City Council Meeting- July 11, 2019
c. Financial and Expense Reports for the Month of June 2019
5. ITEMS OF BUSINESS
a. Public Hearing
i. 7:15 p.m. – Conditional Use Permit Application – Ken Baldwin, Car Sales
on R-1 Lot ACTION ITEM
ii. 7:20 p.m. – Ordinance to Amend Sections 1-5-8 and 1-6-5 of the Iona City
Code to Revise the Annual Salaries for the Mayor and City Council
ACTION ITEM
b. Appointment of Gary Elliott to Planning & Zoning Commission ACTION ITEM
c. Appointment of Dave Noel as City Engineer ACTION ITEM
d. Approval of Legal Services Proposal – Fiscal Year 2020 for Holden, Kidwell,
Hahn & Crapo, P.L.L.C. ACTION ITEM
e. Approval of Fiscal Year 2020 Preliminary Budget ACTION ITEM
f. Bonneville County Sheriff’s Office Contract Proposal ACTION ITEM
g. General Water System Discussion
h. Iona Days
6. STAFF REPORTS
7. SUGGESTED AGENDA ITEMS
At this time, the Mayor will call for any suggestions from the public on any city-related
issues which should be included on a future Council Meeting agenda. Any suggestion
will be limited to three minutes and discussion will be allowed only to clarify the scope
of the suggested topic. All personal and City employee concerns need to be addressed
privately with Mayor Gubler.
8. ADJOURNMENT
1 The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed
on the Agenda. Persons wishing to have items placed on the Agenda should contact the City Clerk no later than the
Tuesday prior to the next meeting. Persons needing special accommodations to participate in the meeting should
contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting.
TAB B
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CITY COUNCIL WORK MEETING
IONA COMMUNITY CENTER
JUNE 25, 2019 6:00 P.M.
PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Michael
Thompson, Council Member Kathy McNamara, Council Member Peter Wadsworth, City
Attorney Andrew Rawlings, Public Works Director Zech Prouse, Treasurer Amy Sullivan and
City Clerk Keri West.
ABSENT: None.
VISITORS: Ernie Lewis.
ITEMS OF BUSINESS:
US Census Bureau Discussion, Marc Sunderland – Mr. Sunderland was not in attendance.
Clerk West stated Mr. Sunderland had called and requested to be on the agenda to discuss the
importance of participating in the 2020 Census.
Discussion of Country Haven Park – Clerk West stated she has received numerous phone calls
regarding the status of the Country Haven Park. Mayor Gubler stated the City decided in the fall
of 2018 that we would allocate $20,000 towards the Country Haven Park during the spring of
2019. Director Prouse stated due to budget constraints, we do not have the funds to allocate
towards developing a new park this year. He continued and stated to plan on completing the park
in 2020. Mayor Gubler stated the funds are no longer available because of the grant received for
the walking path on Denning Avenue and the additional funds required to complete the project in
its entirety by the required deadline. Resident Ernie Lewis asked if there is an option to at least
sod the designated park area and develop a playground at a later time. Council Member
Wadsworth stated the City takes great pride in their parks. Once that area has grass, a sprinkler
system and regular maintenance would also be required.
General Water System Discussion –Mayor Gubler stated there have been two change orders
for the water project. The first change order is for the cost of the port hole and the other change
order is the cost to change the fabric color. Mayor Gubler stated he was expecting a
representative from Forsgren and Associates to be in attendance at this meeting to discuss these
change orders. He stated this item will need to be moved to the Regular Meeting for it to be
discussed in detail with the engineering firm.
Fiscal Year 2020 Preliminary Budget Discussion – Treasurer Sullivan distributed copies of the
Fiscal Year 2020 Preliminary Budget. She stated the budget increased by $44,515 from Fiscal
Year 2019 to Fiscal Year 2020. Mayor Gubler stated the projected numbers do not include the
updated revenue from increased property values. Those numbers have not been sent over from
Bonneville County, but are expected to come in before the final budget is approved. Mayor
Gubler also mentioned several ongoing variables regarding the water project that could
potentially affect the budget. He stated those numbers should be closer to actual numbers by the
time the budget is approved in August 2019.
Treasurer Sullivan discussed the Engineering Budget for Fiscal Year 2019 and the necessary
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increase for Fiscal Year 2020. She also stated the City needs to begin paying the Water Fund
from the General Fund for all of the water usage in the City buildings and parks. Those numbers
have not been included as part of the Preliminary Budget for Fiscal Year 2020. Treasurer
Sullivan also voiced her concern regarding the amount the Idaho Falls Animal Shelter charges
the City of Iona when dogs are taken to their shelter. She stated last year we paid $7,800 for a
total of 42 dogs. She suggested contracting with the Snake River Animal Shelter to reduce costs.
Treasurer Sullivan stated she did not include any revenue in the Preliminary Budget for grants.
Mayor Gubler stated they have no plans to apply for grants during the Fiscal Year 2020. Director
Prouse concurred and stated he believes the City needs to focus on preventative maintenance
next year, rather than new projects.
Treasurer Sullivan encouraged the City Council to review all Preliminary Budget numbers prior
to the July 16, 2019 City Council Meeting. There will be further discussion at that meeting. The
Public Hearing will be held on August 20th, 2019 to approve the Final Budget for Fiscal Year
2020.
Meeting Adjourned: 6:45 p.m.
COUNCIL APPROVED: July 16th, 2019
Dan Gubler, Mayor
ATTEST:
Keri West, City Clerk
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CITY COUNCIL REGULAR MEETING
IONA COMMUNITY CENTER
JUNE 25, 2019 – 7:00 P.M.
PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Michael
Thompson, Council Member Kathy McNamara, Council Member Peter Wadsworth, City
Attorney Andrew Rawlings, Public Works Director Zech Prouse, Treasurer Amy Sullivan and
City Clerk Keri West.
ABSENT: None.
VISITORS: Jolyn Louk, Angela Fransen, Kevin Casper, Tony Glenn, Jacob Hancock, and
Roger Nielson.
Mayor Gubler welcomed everyone and Public Works Director Prouse led the Pledge of
Allegiance. A roll call was taken to open the meeting.
CONSENT AGENDA: City Council Work Meeting and City Council Meeting Minutes of May
21, 2019 were reviewed. Special City Council Meeting Minutes of June 4, 2019 were reviewed.
Town Hall Meeting Minutes of June 13, 2019 were reviewed. Council reviewed the finance
reports for the period ending May 31, 2019 (67% of the fiscal year elapsed). The City had
$758,670.94 in the bank and routine bills had been paid, “Exhibit A”.
Mayor Gubler entertained a motion. Council President Geray made a motion to approve the
consent agenda as presented. Council Member Wadsworth seconded the motion. All in favor.
Motion carried.
ITEMS OF BUSINESS:
Mayor Gubler requested a motion to add the General Water System Discussion to the Regular
Meeting Agenda.
Council Member Thompson made a motion to add to the agenda a discussion regarding the
Water Project in Iona to discuss change orders with Dave Noel, the engineer over the project,
who was not in attendance at the Work Meeting. All in favor. Motion carried.
Public Hearing- Conditional Use Permit Application, Peter Wadsworth, In-Home Case
Management Business – Council Member Wadsworth recused himself from consideration of
this matter and approached the podium as a private resident. Mr. Wadsworth stated he has a case
management business he has run for 20 years and is seeking a Conditional Use Permit to
continue his business out of his home in Iona. Mr. Wadsworth continued by saying the only
aspect of the business conducted in his home is the paperwork. He receives maybe 4-5 visits per
year from clients. Council President Geray stated in the City Code, a home occupation is not
allowed as a Conditional Use in the R-1 Zone. Attorney Rawlings stated Mr. Wadsworth may
need to seek a Variance, rather than a Conditional Use Permit. Discussion continued regarding
the necessity of Conditional Use Permits and Variances as stated in the Iona City Code. Mayor
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Gubler directed Attorney Rawlings to review and present options on how to edit this subject in
the City Code at the next City Council Meeting.
New Business License Application- Peter Wadsworth DBA Associates for Family
Independence, Inc. – Council President Geray stated this item cannot be addressed until the
City Code edits have been approved as per the earlier discussion.
Public Hearing- Amended Plat Application, H&H Property Investments, 5036 E. Walker
Avenue extending to Denning Avenue, Re-Plat the parcel to three (3) lots, each over .335
acres – Mr. Jacob Hancock with H&H Property Investments approached the podium and stated
this property is on the north side of Denning Avenue. Mr. Hancock continued by saying they
would like to split the existing lot into 3 lots; one (1) lot would remain the same width on Walker
Avenue, the other half of the lot would be split into two (2) 0.335 acre lots on Denning Avenue.
Clerk West stated the plat submitted has not been reviewed by the City Engineer and any
approval would need to be contingent upon that review and acceptance.
Mayor Gubler asked the audience if anyone was opposed to this action. No comment. Clerk
West stated all residents within 300’ have been notified and she has received no feedback. She
continued and stated this was recommended for approval by the Planning & Zoning
Commission.
Mayor Gubler entertained a motion. Council President Geray made a motion to approve the
Amended Plat Application for H&H Property Investments re-platting the parcel from the existing
2 separate lots into 3 lots, pending a satisfactory City Engineer review and approval. Council
Member Thompson seconded the motion.
Council Member Wadsworth: Abstain Council President Geray: Yes
Council Member Thompson: Yes Council Member McNamara: Yes
Appointment of Ray Hart to Planning & Zoning Commission – Mayor Gubler stated he has
asked Mr. Ray Hart to represent the Area of Impact on the Planning & Zoning Commission. He
will be replacing Shane Harrigfeld, who chose not to be reinstated after completing his 3 year
term.
Mayor Gubler entertained a motion. Council Member McNamara made a motion to approve Ray
Hart to the Planning & Zoning Commission. Council Member Wadsworth seconded the motion.
All in favor. Motion carried.
New Business License Application- John Empey, Ernie’s Cafe – Mayor Gubler stated Mr.
Empey is seeking a Business License for Ernie’s Café on Main Street. Mr. Empey was not in
attendance. Director Prouse stated his concern to consider this item when the obligations have
not been met regarding building permits and meeting all building code requirements. Director
Prouse also questioned whether the application has been approved by all other officials required
in our City Code. Clerk West stated he has been working with the building inspectors, but has
not passed all necessary inspections to open the business. Mayor Gubler suggested tabling the
application until the business has passed all inspections.
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Council President Geray expressed concern regarding the wording in the City Code that specifies
which businesses require a business license. Attorney Rawlings agreed and stated Iona City Code
4-1-1 needs to be reviewed and updated.
Council Member Wadsworth made a motion approve the Business License for Ernie’s Café
based on the fact that he has requested one, but it is contingent upon him fulfilling all building
code requirements and conditions of use that he needs to obtain for said establishment. Motion
was seconded by Council Member McNamara. All in favor. Motion carried.
Bonneville County Sheriff’s Office Contract Proposal – Council President Geray stated he is
inclined to meet with the Bonneville County Sheriff’s Office (BCSO) and move forward with a
full service contract. Council President Geray stated he has spoken with many residents that live
near him and he has received a lot of feedback in support of a contract with BCSO. He continued
and stated he understands the desire to have community policing with a “home town feel”, but
the job of the police is to uphold the law. Council President Geray stated his concern for what the
Iona Police Department cannot do, including 24-hour coverage. He also stated his desire to
utilize the $100,000 they would save by contracting with BCSO, to address other areas of need in
the City. Council President Geray continued and said the proposed Police Budget for Fiscal Year
2020 is $270,000. The highest contract option with BCSO that includes extra patrol is only
$259,000.
Resident Roger Nielson (5462 E. Denning Avenue) approached the podium and stated he was
not able to come to the Town Hall Meeting due to prior engagements. He expressed his
frustration with the current Iona Police Department (IPD). He specifically mentioned an incident
in his neighborhood with no response from the IPD while they were on duty and the lack of
visibility he has of our local officers. Council Member McNamara stated the Chief of Police was
let go by the City for instances such as the one Mr. Nielson mentioned.
Council Member Thompson stated he has calculated numbers as far as coverage and cost with
the IPD vs BCSO. According to his calculations, the City would actually receive more coverage
with BCSO. He received reports from Treasurer Sullivan that showed the IPD logged 437 hours
in January of 2019. That equates to approximately 109 hours per week. The contract proposed by
BCSO that includes one full-time officer for Iona at 40 hours per week, with an additional 175
hours of weekly coverage is $159,000 annually. This would be significant savings for the City
and would increase coverage. Council Member Thompson also stated with BCSO they have
consistency and can ensure better coverage for our City without worrying if they are encroaching
on our local Police Department.
Council Member Wadsworth stated he has confidence that BCSO will do exactly what they say
they are going to do. He also stated he is very torn on this situation and can see the pros and cons
of both sides. Council Member Wadsworth also stated he has spoken to many of his neighbors
that are completely in favor of keeping the IPD.
Mayor Gubler stated his hesitation to move forward with a contract. He feels that contracts
increase every year and the City will lose control over costs. Council President Geray stated the
Iona Police Department costs also increase every year. Council President Geray also mentioned
the option of doing a trial year with BCSO. If the City uses the savings and sets it aside, we can
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use that next year to start up the IPD again if we are unsatisfied with BCSO. Discussion
continued regarding the contract options with BCSO. Mayor Gubler stated his concern for
Officer Hinton. His requirement with a BCSO contract is contingent upon them hiring Officer
Hinton. Lieutenant Casper stated they have already spoken with Officer Hinton and he would
need to pass all of their background checks and testing before they could officially offer him a
job. However, he stated they can begin that preliminary process now to make it a quicker
transition if the Council decides to contract with BCSO.
Council Member Wadsworth asked if having a probationary period with BCSO was even an
option. He also asked if the City was able to designate Officer Hinton as the officer assigned to
Iona. Lt. Casper stated both of those items are available as discussion, as long as Officer Hinton
passes their hiring process.
Mayor Gubler asked the Council if they wanted to hold another Town Hall Meeting. Council
President Geray stated he doesn’t think that is necessary. He continued and stated the Council
Members were elected to represent the entire City and a lot of people cannot attend evening
meetings.
Mayor Gubler suggested having another sit-down meeting with BCSO to go over what level of
coverage the City really wants and the opportunity to review the contract proposals prior to a
City Council vote. The City Council agreed to hold an unofficial meeting without a full quorum
and the BCSO prior to voting on this item at the July 16, 2019 Regular Meeting.
Discussion of Mayor’s and Council Member’s Wages – Mayor Gubler stated if the Council
would like to change the wages of the Mayor and City Council, there will need to be a Public
Hearing in July to amend the existing ordinance. The amendment would then need to be
published prior to August 22, 2019 and the increases would not take effect until January 2020.
Mayor Gubler also stated the last time the wages were increased was in 2011. Mayor Gubler also
stated the City has received survey results stating all Mayor and City Council wages from every
city in the state of Idaho. Clerk West stated results of that survey are in the City Council packets
to review. Mayor Gubler proposed to raise the Mayor’s salary to $1,000/month and the City
Council’s salary to $500/month. Council President Geray stated he thinks 100%-150% pay raises
are excessive. Council President Geray continued and said he is not as concerned about the
Mayor’s increase, but he thinks raising the City Council’s salary to $500 is unnecessary. Council
Member Thompson agreed and said the highest he would raise the Council Member’s salary
would be to $300/month. He also stated he understands how much time and work the Mayor puts
into the City and does not have a problem raising the Mayor’s salary to $1,000, since it has not
been raised in 8 years. Mayor Gubler stated he has gone through the whole survey and believes
the amount he has proposed is comparable to other cities around the state our size. Council
Member Wadsworth stated he supports raising the Mayor’s wages to $1,000/month, because he
has seen how much time is required in that position. The Council agreed to propose an increase
to the Mayor’s salary to $1,000/month and the City Council’s salary to $300/month. Clerk West
stated she will schedule the Public Hearing for the next City Council Meeting on July 16, 2019.
Fiscal Year 2020 Preliminary Budget Discussion – Treasurer Sullivan stated she needs to
know what increase the City Council would like to include for property taxes. She stated they
can request an increase up to 3% every year. She also reiterated information from the auditor that
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the City needs to begin replenishing their savings account and should be taking the full 3% each
year. Council President Geray stated he is hesitant to raise it 3% when property values have
already been going up and he does not want to increase property taxes that much for all of Iona
land owners. Mayor Gubler stated the City needs to have enough funds in the savings account to
pay all expenditures for one year. Mayor Gubler continued and recommended the City take a 2%
increase in property taxes. Council President Geray agreed to the 2%.
Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve a
2% increase. Motion seconded by Council President Geray. All in favor. Motion carried.
Iona Days – Clerk West stated Iona Days is July 20th. She stated the Mayor and City Council
Members will all need to be in the parade. Treasurer Sullivan stated Iona Days Chairperson,
Larie Elliott, has raised $11,392 in donations.
General Water System Discussion – Dave Noel with Forsgren and Associates stated
construction has continued on Telford Road. He also stated they have received a schedule from
the contractor that does not fit the schedule as required by the City. Mayor Gubler stated his
concern for the number of days the contractor has not worked and when liquidated damages
would apply. Mr. Noel stated this is addressed in Article 4 of the contract with the contractor.
Mr. Noel expressed concern regarding the contractor moving dates back that equipment will be
available and work will be completed. He continued and encouraged the Council to be
determined to keep the contractor on track with the pre-determined schedule. Mr. Noel also
stated the City has an obligation to the funding entities to provide inspections showing the
project is on schedule. Mayor Gubler stated the City is on board to require the contractor to stick
to the schedule.
Dave Noel stated the tank project has two pending change orders that the City has requested to
modify the contract. He continued and stated the first change order is for $15,000 to change the
color of the material to meet the requirements set forth by the Bureau of Land Management. Mr.
Noel stated the second change order is to add an access hatch near ground level of the tank. This
access hatch will make it easier to do inspections, eliminating the need for a diver. He continued
and said the City Council can choose carbon steel, which would cost $20,000, or stainless steel,
which would be $22,500. Director Prouse recommended stainless steel. Council Members agreed
to add a stainless steel access hatch.
Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve
Change Order #1 for the tank project of $15,000 to cover the color of the fabric. Motion was
seconded by Council Member Thompson. All in favor. Motion carried.
Mayor Gubler entertained a motion. Council Member Wadsworth made a motion to approve
Change Order #2 for the tank project of $22,500 for a stainless steel door on the tank. Motion
seconded by Council President Geray. All in favor. Motion carried.
STAFF REPORTS: Director Prouse stated the walking path will be delayed 2 weeks due to
contractor conflicts with the new middle school. He stated it should be done the first week of
August.
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Clerk West stated she attended the annual AIC Conference last week with the Mayor’s Youth
Advisory Council. She continued and said the youth had a great time, learned a lot and really
appreciated the City’s support. She also stated she was able to attend a campaign class and
informed the Council that all campaign declarations need to be submitted August 26th-September
6th.
SUGGESTED AGENDA ITEMS: No items presented.
Meeting Adjourned at 9:30 p.m.
COUNCIL APPROVED: July 16th, 2019
Dan Gubler, Mayor
ATTEST:
Keri West, City Clerk
1
PLANNING AND ZONING MEETING
IONA COMMUNITY CENTER
July 10, 2019 6:30 P.M.
PRESENT: Chairman Jake Lindsay, Member Ray Hart, Member James West, Member John
Lott, Member Dee Johnson and Assistant Clerk Heather Marley.
ABSENT: None.
VISITORS: Annette Sibbett, Gary Elliott.
Chairman Lindsay welcomed everyone and led with the Pledge of Allegiance.
Approval of Minutes: Chairman Lindsay entertained a motion. Member Lott moved to approve
the minutes for June 12, 2019 as written. Member Johnson seconded the motion. All in favor,
motion carried.
Items of Business:
a. Introduction and Appointment of Ray Hart: Ray Hart introduced himself and was
appointed as the new Planning and Zoning Commission Member, previously approved by
the City Council.
b. Introduction of Gary Elliott: Gary Elliott approached the podium and introduced
himself. Chairman Lindsay entertained a motion. Member Lott moved to recommend the
approval of Gary Elliott as a new Planning and Zoning Commission Member to the City
Council. Member Johnson seconded the motion. All in favor, motion carried.
c. Appointment of New Chairperson: Chairman Lindsay entertained a motion. Member
Johnson made a motion to appoint Member West as the new Planning and Zoning
Commission Chairman. Member Lott seconded the motion. All in favor, motion carried.
d. Public Hearing
i. Conditional Use Permit Appication, Ken Baldwin, Car Sales on R-1 Lot. Mr.
Baldwin was not in attendance at this meeting. Members discussed his application
and found that it did not comply with city code. Annette Sibbett approached the
podium and stated her name and that she lives at 3816 N Haderlie Lane. She
stated that she is against the approval of said car sales lot in her neighborhood
because she has many grandchildren at her house regularly and it would be unsafe
to have people test driving cars through the neighborhood. She also stated that the
homes in said neighborhood are very expensive and a car lot would lower the
value of the homes. Gary Elliott approached the podium and stated he is against
said car lot being put in an R-1 zone. Chairman Lindsay entertained a motion.
Member West made a motion to recommend the denial of the Conditional Use
Permit for Ken Baldwin Car Sales on R-1 Lot. Member Hart seconded the
motion. All in favor except Member Lott. Motion Carried
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Member Harrigfeld made a motion to adjourn the meeting. Member Lott seconded the motion.
All in favor, motion carried
Meeting Adjourned 7:05 p.m.
P&Z APPROVED: August 14, 2019
James West, Chairman
ATTEST:
Heather Marley, Assistant Clerk
1
CITY COUNCIL SPECIAL MEETING
IONA COMMUNITY CENTER
JULY 11, 2019 – 6:00 P.M.
PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Kathy
McNamara, City Attorney Andrew Rawlings and City Clerk Keri West.
ABSENT: Council Member Michael Thompson and Council Member Peter Wadsworth.
VISITORS: Ron Roberts, Tony Glenn, Bob Davenport, Jolyn Louk, John Stanger, Jason
Cariker and Kevin Casper.
Mayor Gubler welcomed everyone and led the Pledge of Allegiance. A roll call was taken to
open the meeting.
ITEMS OF BUSINESS:
Discussion of Bonneville County Sheriff’s Office Contract– Mayor Gubler stated the City
Council is meeting tonight to simply go over the contract options as presented by the Bonneville
County Sheriff’s Office (BCSO). He also stated there will be no decisions made tonight, they
will be voting on this item at the Regular City Council Meeting on July 16, 2019. Mayor Gubler
stated they requested two contract options from BCSO. The first is a total of $159,000 to pick up
patrol and cover all Animal Control and Code Enforcement. The other option is a total of
$212,000 and includes all of the above with the addition of a 40 hour/week officer for the City of
Iona. Council President Geray stated the City has requested to have Officer Hinton hired by
BCSO and have the option to patrol for Iona. Lt. Casper with BCSO stated he has passed 3 out of
the 4 steps to be hired by BCSO and the fourth step is in progress.
Mayor Gubler stated the City is requesting a statement on the contract to allow the City to
remove itself from the contract at any time if unsatisfied with the service provided by the BCSO.
Lt. Casper recommended setting that as a certain amount of time up to 6 months, rather than a
specific date. Attorney Rawlings recommended 180 days. Mayor Gubler and Council President
Geray agreed.
Mayor Gubler also stated the City vehicles need to be addressed in the contract. Lt. Casper stated
they will just need to add the vehicles to their insurance, but the City can retain ownership.
Mayor Gubler also stated BCSO needs to maintain the city vehicles since BCSO will be using
them. Lt. Casper agreed to add that language to the contract. Lt. Casper did confirm the 40 hour
employee would be in the Iona vehicle at all times. Mayor Gubler stated he does not want the 40
hour employee to be on a set schedule. Lt. Casper stated that employee will have varying shifts
and BCSO will take guidance from the City as to the specific needs of the City.
Attorney Rawlings advised BCSO to have the contract detail the patrol hours and other services
the City will be receiving with both contract options. He stated this area has been a source of
confusion and thinks it will be much easier to understand what is expected if it is written out in
the contract.
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Mayor Gubler stated he is requesting weekly reports and weekly schedules for all City
employees to be informed of what hours will be patrolled. Lt. Casper agreed.
Mayor Gubler discussed the need to reduce costs for taking dogs to the animal shelter and
inquired whether BCSO would be able to take dogs from Iona to a different shelter. Lt. Casper
stated they would be willing to take dogs to a local shelter, if it did not create a logistical
problem. Lt. Casper also encouraged the City Council to review the City Code sections regarding
animal control to ensure everything is spelled out and enforceable.
Mayor Gubler asked if anyone from the public has any questions. Jolyn Louk asked who would
be responsible to hold BCSO accountable. Mayor Gubler stated that is the responsibility of the
Mayor and City Council. Mayor Gubler also stated calls will be taken depending on priority.
Mayor Gubler stated he presented the question previously of how much police coverage is
needed in the City of Iona. He continued and said the answer he has gotten most is that people
want more coverage. He stated BCSO will be able to provide more coverage than the Iona Police
Department. Mayor Gubler also stated the City has never had a full-time contract with BCSO.
The only contract that has ever existed is a part time, supplemental contract. He continued and
said he believes a contract with BCSO is the best option to get the coverage that we need.
Council President Geray said his opinion is that the City needs to give BCSO the opportunity to
provide full time service to the City of Iona and the residents need to keep an open mind during
the transition. Mayor Gubler also stated there are 9 BCSO Deputies that live in the City of Iona
and are therefore highly invested in our community.
Council Member McNamara asked whether BCSO has bodycams on their uniforms. Lt. Casper
asked BCSO employee Tony Glenn to stand up and show the body cam that he and other BCSO
employees wear every shift.
Mayor Gubler stated the City Council will be voting on these contract options at the Regular City
Council Meeting on Tuesday, July 16 at 7:00 p.m.
Meeting Adjourned at 7:25 p.m.
COUNCIL APPROVED: July 16th, 2019
Dan Gubler, Mayor
ATTEST:
Keri West, City Clerk
TAB C
City of Iona Finance Worksheet - Banks Page: 1
Period: 06/19 Jul 10, 2019 09:44AM
Report Criteria:
Print Source Titles
Total by Source
Print Department Titles
Total by Department
All Segments Tested for Total Breaks
[Report].Account Number = "011050","101175","101221","511200","511222","511252","101242","511211"
Prior month 2 Prior month 2018-19
Current year
Account Number Account Title Actual
01-1050 CHECKING - COMMERCE BANK 100,139.84 66,612.70 151,705.37
10-1175 INVESTMENTS-COMMERCE-GENERA 374,128.90 374,208.35 374,285.25
10-1221 ZIONS - GENERAL INVESTMENTS 59,134.12 59,156.67 59,177.05
10-1242 WESTMARK CD--GENERAL 53,421.08 53,421.08 53,421.08
51-1200 INVESTMENTS-COMMERCE WATER 36,141.32 36,148.99 36,156.42
51-1211 WESTMARK CD-WATER 55,601.54 55,601.54 55,601.54
51-1222 ZIONS - WATER iNVESTMENTS 39,461.86 39,477.52 39,491.67
51-1252 ZIONS BANK--WATER INVESTMENTS 74,015.40 74,044.09 74,070.01
Net Grand Totals:792,044.06 758,670.94 843,908.39
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING JUNE 30, 2019
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/15/2019 12:04PM PAGE: 1
TAX REVENUE
10-31-10 PROPERTY TAX REVENUE 5,478.61 176,232.12 275,447.00 99,214.88 64.0
TOTAL TAX REVENUE 5,478.61 176,232.12 275,447.00 99,214.88 64.0
LICENSES & PERMITS
10-32-20 BEER & DOG LICENSES 25.00 125.00 700.00 575.00 17.9
TOTAL LICENSES & PERMITS 25.00 125.00 700.00 575.00 17.9
INTERGOVERNMENTAL REVENUE
10-33-10 STATE LIQUOR TAX 17,462.00 69,848.00 73,517.00 3,669.00 95.0
10-33-20 STATE REVENUE SHARING .00 131,206.43 127,993.00 ( 3,213.43)102.5
10-33-30 STATE HIGHWAY USERS .00 82,865.76 97,291.00 14,425.24 85.2
10-33-40 POLICE REVENUE 184.03 1,676.76 10,000.00 8,323.24 16.8
10-33-50 POLICE GRANTS .00 6,171.58 9,500.00 3,328.42 65.0
10-33-80 GRANTS 300.00 125,850.00 133,050.00 7,200.00 94.6
TOTAL INTERGOVERNMENTAL REVENUE 17,946.03 417,618.53 451,351.00 33,732.47 92.5
CHARGES FOR SERVICE
10-34-10 BUILDING INSPECTION FEES 38,637.80 51,626.40 75,000.00 23,373.60 68.8
10-34-20 CABLE TV FRANCHISE .00 3,116.17 6,300.00 3,183.83 49.5
10-34-30 NATURAL GAS FRANCHISE .00 8,145.57 13,250.00 5,104.43 61.5
10-34-40 POWER FRANCHISE .00 17,745.08 27,750.00 10,004.92 64.0
TOTAL CHARGES FOR SERVICE 38,637.80 80,633.22 122,300.00 41,666.78 65.9
OTHER REVENUE
10-36-10 INTEREST 97.28 1,258.49 1,850.00 591.51 68.0
10-36-50 BUILDING RENT 200.00 9,410.00 13,000.00 3,590.00 72.4
10-36-60 MYAC REVENUE .00 1,994.00 3,000.00 1,006.00 66.5
10-36-70 IONA DAY REVENUE 2,520.00 11,595.00 18,500.00 6,905.00 62.7
10-36-90 MISCELLANEOUS REVENUE 1,175.44 94,892.98 70,875.00 ( 24,017.98)133.9
TOTAL OTHER REVENUE 3,992.72 119,150.47 107,225.00 ( 11,925.47)111.1
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING JUNE 30, 2019
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/15/2019 12:04PM PAGE: 2
RECREATION REVENUE
10-37-50 RECREATION FEES 270.00 89,013.75 85,400.00 ( 3,613.75)104.2
10-37-60 SHELTER RENTAL 205.00 555.00 1,200.00 645.00 46.3
TOTAL RECREATION REVENUE 475.00 89,568.75 86,600.00 ( 2,968.75)103.4
EQUIPMENT REPLACEMENT
10-38-20 EQUIPMENT REPLACEMENT .00 .00 75,000.00 75,000.00 .0
TOTAL EQUIPMENT REPLACEMENT .00 .00 75,000.00 75,000.00 .0
RESERVES
10-39-50 RESERVES .00 .00 117,457.00 117,457.00 .0
TOTAL RESERVES .00 .00 117,457.00 117,457.00 .0
TOTAL FUND REVENUE 66,555.16 883,328.09 1,236,080.00 352,751.91 71.5
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING JUNE 30, 2019
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/15/2019 12:04PM PAGE: 3
ADMINISTRATION
10-41-10 PAYROLL 19,289.34 106,769.75 131,000.00 24,230.25 81.5
10-41-20 PAYROLL TAXES 2,184.86 12,013.34 11,700.00 ( 313.34)102.7
10-41-30 RETIREMENT 1,791.32 11,413.19 14,500.00 3,086.81 78.7
10-41-40 HEALTH INSURANCE 2,480.83 22,327.47 32,000.00 9,672.53 69.8
10-41-50 OFFICE EXPENSE & ADMIN.844.26 12,374.91 25,000.00 12,625.09 49.5
10-41-55 PUBLISHING 313.50 1,682.05 2,400.00 717.95 70.1
10-41-60 LEGAL & AUDIT FEES .00 17,932.46 30,000.00 12,067.54 59.8
10-41-63 ENGINEERING .00 35,060.00 14,000.00 ( 21,060.00)250.4
10-41-65 TRAINING/TRAVEL 1,178.85 1,512.34 5,050.00 3,537.66 30.0
10-41-70 INSURANCE LIABILITY .00 9,540.50 7,200.00 ( 2,340.50)132.5
10-41-75 ELECTRICITY - NATURAL GAS 1,304.60 13,245.00 18,000.00 4,755.00 73.6
TOTAL ADMINISTRATION 29,387.56 243,871.01 290,850.00 46,978.99 83.9
POLICE DEPARTMENT
10-46-10 POLICE-PAYROLL 8,550.00 92,019.84 129,060.00 37,040.16 71.3
10-46-20 PAYROLL TAXES 933.68 10,013.29 14,219.00 4,205.71 70.4
10-46-30 POLICE-RETIREMENT 868.34 10,194.78 12,000.00 1,805.22 85.0
10-46-40 POLICE-HEALTH INSURANCE 1,454.96 21,469.51 33,000.00 11,530.49 65.1
10-46-60 POLICE-VEHICLE .00 8,073.59 8,100.00 26.41 99.7
10-46-70 POLICE-TRAINING .00 2,348.61 2,348.61 .00 100.0
10-46-80 POLICE-COUNTY/DISPATCH 300.00 23,055.94 42,000.00 18,944.06 54.9
10-46-90 POLICE-GENERAL 1,535.97 27,087.15 26,651.39 ( 435.76)101.6
TOTAL POLICE DEPARTMENT 13,642.95 194,262.71 267,379.00 73,116.29 72.7
MISCELLANEOUS DEPT
10-47-10 MAINTENANCE 6,064.23 63,371.12 110,000.00 46,628.88 57.6
10-47-20 BUILDING INSPECTIONS 6,575.46 22,530.68 49,000.00 26,469.32 46.0
10-47-30 EQUIPMENT EXPENSE 580.00 4,484.00 6,000.00 1,516.00 74.7
10-47-50 CIVIL DEFENSE .00 895.00 900.00 5.00 99.4
10-47-60 MYAC EXPENSE 2,360.00 2,551.89 3,200.00 648.11 79.8
10-47-70 IONA DAY EXPENSE 5,761.23 9,512.42 23,500.00 13,987.58 40.5
10-47-90 MISCELLANEOUS EXPENSE 73.46 7,098.68 14,000.00 6,901.32 50.7
TOTAL MISCELLANEOUS DEPT 21,414.38 110,443.79 206,600.00 96,156.21 53.5
CAPITAL OUTLAY
10-48-10 LIBRARY .00 .00 2,000.00 2,000.00 .0
10-48-20 CAPITAL IMPROVEMENTS 32,907.14 127,010.20 332,746.00 205,735.80 38.2
TOTAL CAPITAL OUTLAY 32,907.14 127,010.20 334,746.00 207,735.80 37.9
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING JUNE 30, 2019
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/15/2019 12:04PM PAGE: 4
RECREATION EXPENDITURES
10-49-10 RECREATION LABOR 1,725.63 30,043.42 48,000.00 17,956.58 62.6
10-49-20 PAYROLL TAXES 199.85 3,083.92 5,200.00 2,116.08 59.3
10-49-50 RECREATION SUPPLIES 433.34 11,071.98 18,200.00 7,128.02 60.8
10-49-60 RECREATION EQUIPMENT 42.40 16,769.47 12,000.00 ( 4,769.47)139.8
10-49-70 RECREATION MAINTENANCE .00 92.00 2,000.00 1,908.00 4.6
TOTAL RECREATION EXPENDITURES 2,401.22 61,060.79 85,400.00 24,339.21 71.5
EQUIPMENT REPLACEMENT
10-50-10 EQUIPMENT REPLACEMENT .00 .00 51,105.00 51,105.00 .0
TOTAL EQUIPMENT REPLACEMENT .00 .00 51,105.00 51,105.00 .0
TOTAL FUND EXPENDITURES 99,753.25 736,648.50 1,236,080.00 499,431.50 59.6
NET REVENUE OVER EXPENDITURES ( 33,198.09)146,679.59 .00 ( 146,679.59).0
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING JUNE 30, 2019
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/15/2019 12:04PM PAGE: 5
OPERATING REVENUE
51-31-10 COLLECTIONS 44,791.52 269,550.09 312,840.00 43,289.91 86.2
51-31-30 HOOK UP FEES 82,603.00 89,547.00 121,475.00 31,928.00 73.7
TOTAL OPERATING REVENUE 127,394.52 359,097.09 434,315.00 75,217.91 82.7
INTERGOVERNMENTAL REVENUE
51-33-80 GRANTS .00 .00 700,000.00 700,000.00 .0
TOTAL INTERGOVERNMENTAL REVENUE .00 .00 700,000.00 700,000.00 .0
WATER
51-35-10 WATER SYSTEM .00 .00 340,000.00 340,000.00 .0
51-35-20 WATER BOND 95,299.00 347,122.00 3,252,280.00 2,905,158.00 10.7
TOTAL WATER 95,299.00 347,122.00 3,592,280.00 3,245,158.00 9.7
MISCELANEOUS REVENUE
51-36-10 INTEREST 47.50 1,271.51 2,650.00 1,378.49 48.0
51-36-20 MISC REVENUE .00 .00 2,600.00 2,600.00 .0
TOTAL MISCELANEOUS REVENUE 47.50 1,271.51 5,250.00 3,978.49 24.2
EQUIPMENT REPLACEMENT
51-38-60 EQUIPMENT RESERVES .00 .00 50,000.00 50,000.00 .0
TOTAL EQUIPMENT REPLACEMENT .00 .00 50,000.00 50,000.00 .0
RESERVES
51-39-50 RESERVES .00 .00 44,995.00 44,995.00 .0
TOTAL RESERVES .00 .00 44,995.00 44,995.00 .0
TOTAL FUND REVENUE 222,741.02 707,490.60 4,826,840.00 4,119,349.40 14.7
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING JUNE 30, 2019
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/15/2019 12:04PM PAGE: 6
ADMINISTRATION
51-41-10 PAYROLL 10,664.45 69,050.65 112,000.00 42,949.35 61.7
51-41-20 PAYROLL TAXES 1,148.29 7,541.71 7,400.00 ( 141.71)101.9
51-41-30 RETIREMENT 1,222.37 8,042.95 12,000.00 3,957.05 67.0
51-41-40 HEALTH INSURANCE 2,040.81 18,367.29 25,000.00 6,632.71 73.5
51-41-50 OFFICE EXPENSE & ADMIN.638.57 17,489.24 34,000.00 16,510.76 51.4
51-41-60 LEGAL .00 16,755.04 36,000.00 19,244.96 46.5
51-41-65 TRAINING/TRAVEL .00 851.00 3,000.00 2,149.00 28.4
51-41-70 INSURANCE LIABILITY .00 5,328.25 11,000.00 5,671.75 48.4
51-41-75 ELECTRICITY & NATURAL GAS 5,485.47 23,639.82 56,000.00 32,360.18 42.2
51-41-80 ENGINEERING 21,558.00 268,999.52 490,000.00 221,000.48 54.9
TOTAL ADMINISTRATION 42,757.96 436,065.47 786,400.00 350,334.53 55.5
MISCELLANEOUS
51-47-10 MAINTENANCE & REPAIRS 251.00 16,438.16 65,000.00 48,561.84 25.3
51-47-20 MISCELLANEOUS EXPENSE .00 1,272.50 3,500.00 2,227.50 36.4
51-47-30 EQUIPMENT EXPENSE .00 .00 2,700.00 2,700.00 .0
51-47-35 EQUIPMENT RENT .00 .00 2,000.00 2,000.00 .0
TOTAL MISCELLANEOUS 251.00 17,710.66 73,200.00 55,489.34 24.2
CAPITAL IMPROVEMENTS
51-48-20 CAPITAL IMPROVEMENTS 73,740.50 422,043.63 3,690,240.00 3,268,196.37 11.4
TOTAL CAPITAL IMPROVEMENTS 73,740.50 422,043.63 3,690,240.00 3,268,196.37 11.4
EQUIPMENT REPLACEMENT
51-50-10 EQUIPMENT REPLACEMENT .00 .00 277,000.00 277,000.00 .0
TOTAL EQUIPMENT REPLACEMENT .00 .00 277,000.00 277,000.00 .0
TOTAL FUND EXPENDITURES 116,749.46 875,819.76 4,826,840.00 3,951,020.24 18.1
NET REVENUE OVER EXPENDITURES 105,991.56 ( 168,329.16).00 168,329.16 .0
TAB D
TAB E
Page 1 of 3
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTIONS 11-1-5 AND 11-11-12 OF THE IONA
CITY CODE; ADDING HOME OCCUPATION AS A NEW
CONDITIONAL USE TO ALL RESIDENTIAL ZONES;
REVISING THE DEFINITION OF HOME OCCUPATION;
CLARIFYING THAT HOME OCCUPATIONS ARE ALLOWED
IN ANY RESIDENTIAL ZONE; PRESERVING PRIOR
ORDINANCES IN EACH INSTANCE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO THAT:
Section 1. Amendment of Section 11-1-5 of the Iona City Code. The definition of
Home Occupation in Section 11-1-5 of the Iona City Code is amended as follows:
HOME OCCUPATION: Any gainful business, operation, profession, or craft which that:
(1) requires a business license under this Code; (2) is conducted in a residential use zone
established under Chapter 3, 4, 4A, or 5 of this Title; and in which the use (3) is incidental and
secondary to the use of the dwelling for dwelling purposes;, and (4) which occupation is carried
on only by the immediate members of the family residing within thate dwelling place.
Section 2. Amendment of Section 11-11-12 of the Iona City Code. Section 11-11-12
of the Iona City Code is amended as follows:
11-11-12: HOME OCCUPATIONS:
(A) Notwithstanding any other provision of this Code, hHome occupations will be allowed as
a conditional use within any residential zone (i.e., R-A, R-1, R-T, and R-2 zones, as established in
this Title), subject to the provisions of this Chapter. No person shall conduct a home occupation
without first obtaining a conditional use permit in accordance with the provisions of Chapter 8 of
this Title.
(B) No industrial or manufacturing use shall be permitted as a home occupation.
Section 3. Addition of Home Occupation as a Conditional Use in Residential Zones.
Home occupations are added as a conditional use in each of the residential zones established under
Page 2 of 3
Title 11 of the Iona City Code by adding “Home occupations” as a new paragraph 11. to Section
11-3-3(B) of the Iona City Code; a new paragraph 9. to Section 11-4-3(B) of the Iona City Code;
and a new paragraph 7. to Section 11-4A-3(B) of the Iona City Code.
Section 4. Methodology. Text that is underlined in the preceding sections means new
text added to the former Ordinance or City Code Section, and text that is stricken through means
text that is being deleted from the former Ordinance or Code Section. Text that is moved from
one location in the former Ordinance or Code Section to another location is similarly shown as
underlined text, being stricken through in its prior position.
Section 5. Severability. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection shall not affect the validity of the remaining sections
or subsections.
Section 6 . Effective Date. This Ordinance shall become effective upon its passage,
execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 16th day of
July, 2019.
Dan Gubler
Mayor
ATTEST:
Keri West
City Clerk
(SEAL)
Page 3 of 3
STATE OF IDAHO )
)ss.
County of Bonneville )
I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY
CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled,
“AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 11-1-5 AND
11-11-12 OF THE IONA CITY CODE; ADDING HOME OCCUPATION AS A NEW
CONDITIONAL USE TO ALL RESIDENTIAL ZONES; REVISING THE DEFINITION OF
HOME OCCUPATION; CLARIFYING THAT HOME OCCUPATIONS ARE ALLOWED IN
ANY RESIDENTIAL ZONE; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.”
Keri West
City Clerk
\\Law\data\WPDATA\DAR \_1 Pending\2708-2019 City of Iona\ORDINANCES\Condt'l Use Home Biz ORD v01.docx
TAB F
Page 1 of 3
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTION 4-1-1 OF THE IONA CITY CODE;
CLARIFYING THE REQUIREMENT FOR A BUSINESS
LICENSE; PRESERVING PRIOR ORDINANCE; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO THAT:
Section 1. Amendment of Section 4-1-1 of the Iona City Code. Section 4-1-1 of the
Iona City Code is amended as follows:
4-1-1: LICENSE REQUIRED: No person shall operate, conduct or engage in any
industry, vocation, occupation, trade, or other business within the City subject to the provisions of
this Title without first obtaining an appropriate license from the City. Notwithstanding the prior
sentence, no sole proprietorship that generates annual gross revenues of less than $6,000.00 shall
be required to obtain a business license. Licenses shall be issued upon payment of the fees
specified in this Title, upon the applicant's compliance with the applicable provisions of this Title
and upon approval of the City Council. All licenses shall be a personal privilege of the holder.
Except as expressly provided in this Title, a license shall become null and void if the holder ceases
to personally supervise, conduct, and operate the trade or business for which the license has been
issued. Unless otherwise provided in this Title, no license fee or any part thereof may be refunded
even though the licensee does not operate for the period or any portion of the period for which the
license was issued.
Section 2. Methodology. Text that is underlined in the preceding sections means new
text added to the former Ordinance or City Code Section, and text that is stricken through means
text that is being deleted from the former Ordinance or Code Section. Text that is moved from
one location in the former Ordinance or Code Section to another location is similarly shown as
underlined text, being stricken through in its prior position.
Page 2 of 3
Section 3. Severability. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection shall not affect the validity of the remaining sections
or subsections.
Section 4. Effective Date. This Ordinance shall become effective upon its passage,
execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 16th day of
July, 2019.
Dan Gubler
Mayor
ATTEST:
Keri West
City Clerk
(SEAL)
Page 3 of 3
STATE OF IDAHO )
)ss.
County of Bonneville )
I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY
CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled,
“AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 4-1-1 OF THE
IONA CITY CODE; CLARIFYING THE REQUIREMENT FOR A BUSINESS LICENSE;
PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.”
Keri West
City Clerk
\\Law\data\WPDATA\DAR \_1 Pending\2708-2019 City of Iona\ORDINANCES\Biz License ORD v01.docx
TAB G
City of Iona Conditional Use Permit Application
Property Own~~, f iJ Phone Numbeg;i1Qf' 56z:, ,;2. .-S,-Jo
Property Address So~ /{09,<wo~Q Mailing Addresvbd'?tJk O /7" ..To~
In the space below or in an attached narrative, describe the proposed use. Include
information regarding present use of property , activities to be included , building and
structures to be used , adjacent land use , equipment to be operated , hours of operation,
outside storage , number of employees, facilities to accommodate the public , and other
information required by the Planning and Zoning Commission and City Council.
I hereby certify that the above application and all attachments are true , correct, and
complete to the best of my knowledge and belief.
Signe~Q,fl....;
Please include an re uired !ans or sketches.
Dat<C · 4-'· / r
i
LEA VE BLANK-FOR CITY USE ONLY
Date Filed: ~ottlio fl ti ' ~
Fee Paid: ~ / I CKJ/ 5€LJ Signed: J,l{
City Clerk
t-\.
2
Mayor of Iona, city council members:
I am writing this in regards to the agenda item for city
council meeting on 07/16/2019. My wife and I are not able
to attend your meeting but we want our voice heard. This
item is pertaining to the changing covenants in our
neighborhood to allow the business of selling cars from
Ken and Vicki Baldwin's home.
We love the Baldwins and want the best for them but we (
my wife Annette and myself) do not support changing the
covenants of our neighborhood to allow a car lot to be
made in our neighborhood.
Thank You
~~~
Jan and Annette Sibbett
3816 Haderlie Lane
Iona
TAB H
Page 1 of 3
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTIONS 1-5-8 AND 1-6-5 OF THE IONA CITY
CODE; REVISING THE ANNUAL SALARIES FOR THE
MAYOR AND CITY COUNCIL; PRESERVING PRIOR
ORDINANCES IN EACH INSTANCE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO THAT:
Section 1. Amendment of Section 1-5-8 of the Iona City Code. Section 1-5-8 of the
Iona City Code is amended as follows:
1-5-8: SALARY OF MAYOR: The Mayor shall receive an annual salary of $12,000.00six
thousand dollars, payable in twelve (12) equal monthly installments.
Section 2. Amendment of Section 1-6-5 of the Iona City Code. Section 1-6-5 of the
Iona City Code is amended as follows:
1-6-5: SALARY OF COUNCIL MEMBERS: Each Council member shall receive an
annual salary of $3,600.002,400.00 annually, payable in twelve equal monthly installments.
Section 3. Methodology. Text that is underlined in the preceding sections means new
text added to the former Ordinance or City Code Section, and text that is stricken through means
text that is being deleted from the former Ordinance or Code Section. Text that is moved from
one location in the former Ordinance or Code Section to another location is similarly shown as
underlined text, being stricken through in its prior position.
Section 4. Severability. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection shall not affect the validity of the remaining sections
or subsections.
Page 2 of 3
Section 5. Effective Date. This Ordinance shall become effective upon its passage,
execution and publication in the manner provided by law. In accordance with Idaho Code § 50-
203, the changes to the annual salaries of the Mayor and members of the City Council shall become
effective on January 1, 2020.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 16th day of
July, 2019.
Dan Gubler
Mayor
ATTEST:
Keri West
City Clerk
(SEAL)
Page 3 of 3
STATE OF IDAHO )
)ss.
County of Bonneville )
I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY
CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled,
“AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 1-5-8 AND 1-
6-5 OF THE IONA CITY CODE; REVISING THE ANNUAL SALARIES FOR THE MAYOR
AND CITY COUNCIL; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.”
Keri West
City Clerk
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Keri West <cityclerk@cityofiona.org>
Mayors' salary
1 message
Brad Andersen <oneh20boy@hotmail.com>Mon, Jul 15, 2019 at 10:24 PM
To: "iona@cityofiona.org" <iona@cityofiona.org>, Rob Geray <robgeray@cityofiona.org>
Please make this email part of the record and read at city council mee ng, since I more than' likely will not
be able to make the mee ng.
It is my understanding that Mayor Gubler wants to double his salary because of the me he spends as
mayor. It is funny that when he was on the council and I was mayor he was adamant of not raising my
salary.
e
I didn't toot my horn or complain how many hours that I worked and that I deserved a raise. To me being
mayor was more about serving the community than how much you got paid. For informa on purposes, I
got my family and friends to help me with the Easter Egg hunt. We spent hours pu ng it together, ge ng
dona ons, etc. at no cost to the city. Then when I became mayor then the city and other coordinators put
it together and I s ll helped out. For a couple of years I had to write my own le ers, reports, etc.. Dennis
McArthur and I started the monthly newsle er and spent hours hand delivering it and wri ng it un l the
council finally gave us a budget for it. Same way with the Iona Days Fun Run. My family and friends did it
for 10 years at no cost to the city. Movie in the park, Bruce Case and I gave up one weekend a month in the
summer to put this on for the community. I could go on and on, but I think you get my point.
So my ques on is what has Mayor Gubler done that jus fies a raise? All he has been doing is maintaining
the programs and events that were already established and not doing some of them but ge ng others to
do it (i.e., newsle er, movie in the park, etc..). He will try to tell you that this water project takes up a lot of
me and I never had anything like that when I was mayor. And I would agree, but I had many other things
that I did that he doesn't do that took up as much me or more.
So in 12 years as mayor I got one raise from $300 dollars to $500 dollars. Mr. Gubler has been there 1 1/2
years and now the person who didn't want to give me a raise wants one. I find that kind of ironic. He will
try to say that for what he does and the size of city Iona is that he should be making X amount. But ask him
how much Ucon makes which is right by us and similar in size, so lets not compare and say we need to make
this much money because xyz city makes that much. Lets do what we think is right.
With everything said, I do think the salary needs to be raised since it has not been raise since I got my only
raise in 2011, but not doubled. A good compromise would be $200 to $250 dollars and $100 more for the
council.
Sincerely,
Brad Andersen
TAB I
1000 Riverwalk Drive, Suite 200
PO Box 50130
Idaho Falls, Idaho 83405
Tel: (208) 523-0620
Fax: (208) 523-9518 www.holdenlegal.com
D. Andrew Rawlings
arawlings@holdenlegal.com
July 10, 2019
Mayor Dan Gubler
City of Iona
P.O. Box 400
Iona, Idaho 83427
RE: Legal Services Proposal – Fiscal Year 2019-2020
Dear Mayor Gubler;
It is a pleasure and an honor to work with you and the City Council in providing legal
services to the City of Iona. Holden, Kidwell, Hahn & Crapo, P.L.L.C. (“HKHC”) is pleased to
submit the following proposal for legal services to the City of Iona for the 2018-2019 fiscal year.
We propose to provide legal services to the City of Iona (the “City”) on an hourly basis, as outlined
below, and in line with what has historically been proposed. The retainer includes the following
services as specifically requested by the Mayor and/or City Council 1:
1. Advice and consultation for all routine legal matters involving the administration
of the City.
2. Preparation and review of contracts, deeds, leases, or other routine items pertaining
to the administration of the City.
3. Preparation of ordinances, City Code revisions (excluding codification services),
and resolutions.
4. Consultation and advice regarding conduct of general, referendum, initiative, and
recall elections.
5. Advice and consultation regarding planning and zoning issues.
6. Consultation and advice regarding public employee human resource issues.
7. Consultation and advice regarding budgeting process, including review and
preparation of annual appropriation ordinance.
8. Review and preparation of bid specifications and contracts for public works.
9. Representation at Planning and Zoning Commission hearings.
10. Advice and consultation regarding water law issues.
Prosecution of criminal actions for violations of City ordinances or state criminal laws is
not included within the retainer. Legal services for the above services will primarily be provided
by D. Andrew Rawlings at a rate of $180 per hour, by Robert L. Harris at a rate of $220 per hour,
1 Please note that legal services will be provided on an “as requested” basis. HKHC does not assume responsibility
for general or supervisory administration of the City’s legal affairs.
Mayor Dan Gubler
City of Iona
July 10, 2019
Page 2 of 2
and by Shan B. Perry at a rate of $220 per hour. Law clerks or paralegals will be billed at a rate
of $110 per hour. Other legal services not specifically covered by the retainer set forth above will
be provided upon request at regular firm hourly rates. Legal services will be provided in
accordance with the enclosed Billing Policy.
This retainer may be terminated at any time by either party upon delivery of a written notice
of termination, not less than thirty (30) days prior to the termination date. Delivery shall be
complete upon deposit of such notice in the United States mail, postage pre-paid, and addressed to
the receiving party’s last known address.
As you may be aware, our firm represents several municipalities and public entities within
the area. We have a substantial library of municipal law treatises, encyclopedias and ordinance
law books, including a computerized legal research service which allows us access to all reported
court decisions throughout the nation in both state and federal courts and administrative agencies.
We also utilize computerized word processing equipment which enables us to generate and revise
legal documents virtually instantaneously. We also have high speed internet and scanning services
available which allow instantaneous transmission of legal documents to your offices or other
selected destinations. Except as noted in the Billing Policy, all of these services will be available
to you as part of the retainer, without additional charge.
We appreciate your consideration of our firm and we look forward to working with you.
If the foregoing is acceptable, please acknowledge your acceptance of this proposal by signing in
the space set forth below. If you have any questions or concerns regarding any of the information
contained herein, please call me at (208) 523-0620 or email me at arawlings@holdenlegal.com.
Cordially,
D. Andrew Rawlings, Esq.
HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C.
Enclosure: Service and Billing Policy
ACCEPTED this _______ day of ____________________, 2019.
CITY OF IONA
By:
Dan Gubler, Mayor
\\Law\data\WPDATA\DAR\_1 Pending\2708-2019 City of Iona\_Retainer 2019-2020.docx
HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C.
SERVICE AND BILLING POLICY
1 — Revised December 17, 2015
Holden, Kidwell, Hahn & Crapo, P.L.L.C. is pleased
to have you as a client of our firm. Throughout our
relationship, you should have a clear understanding of
the legal services we will provide. Any questions that
you have will be dealt with promptly.
THE ATTORNEY-CLIENT RELATIONSHIP
The person or entity we represent is the person or
entity identified in our engagement letter sent with this
Service and Billing Policy and does not include any
affiliates of that person or entity (e.g., if you are a
corporation or partnership, any parents, subsidiaries,
employees, officers, directors, shareholders, or
partners of the corporation or partnership or
commonly owned corporations or partnerships; or, if
you are a trade association, any members of the trade
association). In proceeding with this relationship, you
agree that our relationship is with you, and not your
affiliates, and that, as a result, it will not be necessary
for us to obtain the consent of you or your affiliates in
order for us to represent another client in a matter
adverse to your affiliates. Furthermore, to the extent
that our representation of others adverse to any of your
affiliates may be deemed to require your consent, you
give that consent.
The attorney-client relationship will end at our
completion of the services you have retained us to
perform. If you later retain us to perform additional
services, our attorney-client relationship will be
reactivated.
SCOPE OF RETAINER AND DUTIES
The scope and nature of the legal services we
undertake to provide to you is set forth in the
engagement letter sent with this Service and Billing
Policy. We do not undertake the duty to provide legal
services for any matter or undertaking except as may
be expressly set forth in such engagement letter and as
may be reasonably inferred as part of the
representation described in that letter. In particular, if
as a result of our representation in such matter we are
successful in obtaining a judgment against any third
party, we assume no responsibility for renewing the
judgment or judgment lien arising therefrom, unless
such duty is expressly set forth in the engagement
letter or in a subsequent letter signed by one of the
members. We also do not provide accounting or
financial advice, securities law advice, or advice
regarding any matter involving business judgment or
discretion. We will provide advice concerning the
legal implications of any particular matter, however,
we assume no responsibility for the consequences that
may flow from your reliance upon such legal advice,
except to the extent such advice is inconsistent with
federal, state, or local law, or regulations issued
pursuant thereto, or well-established common law.
Subject to the foregoing provisions, we assume no
responsibility for business or financial decisions made
by you even though such decisions may in part be
premised upon or related to legal advice provided by
members of the firm.
WHO WILL PROVIDE THE LEGAL SERVICES
At the beginning of our relationship, where
appropriate, we will establish a team of firm members
to serve you. This Client Service Team will be led by
one attorney who will serve as your Client Service
Manager and primary contact at the firm. This
attorney should be someone in whom you have
confidence and with whom you enjoy working.
Client Service Teams include attorneys and legal
assistants in different practice areas who, under the
supervision of the Client Service Manager, may
perform work on behalf of the client. Delegation of
assignments may be made in order to take advantage
of special expertise, cost-efficiency, or time deadlines.
When applicable, we will advise you of the names of
the attorneys and legal assistants who serve on your
Client Service Team.
You are free to request a change in the Client Service
Manager or Client Service Team members at any time.
If a change in the Client Service Manager is desired,
please contact any other member of the Firm. For
questions concerning team members, please contact
your Client Service Manager.
COMMUNICATION AND RESPONSIVENESS
We strive to return all telephone calls on the day
received or by the following morning, if received late
in the day.
You will have 24/7 access to each attorney’s voice
mail system on which confidential, detailed messages
may be left. Where appropriate, you will be provided
with the home telephone numbers and the cell
telephone numbers of the attorneys working with you.
The names of secretaries and staff supporting your
Client Service Team can also be provided.
Communication by e-mail is now common, although
it may be subject to unauthorized interception (as are
cell phone communications). We may also use the
internet to transmit digital dictation or other data
concerning your case in an unencrypted form.
Although we believe the risk of a loss of
2 — Revised December 17, 2015
confidentiality of such information is small,
nevertheless there is a slight possibility that a hacker
or other unauthorized person may intercept such
transmission. We will consider ourselves authorized
to transmit such data over the internet and to
communicate with you by e-mail or cell phone, where
available, unless you instruct us otherwise in writing.
EXPRESSIONS OF
PROFESSIONAL JUDGMENT
Any statements on our part concerning the outcome of
your legal matters are expressions of our professional
judgment, but are not guarantees. Our opinions are
necessarily limited by our knowledge of the facts and
are based on the applicable state or federal law at the
time they are given.
HOW FEES WILL BE SET
Attorneys may be compensated under a variety of fee
arrangements, including hourly, fixed rate or
contingency fee arrangements. In determining the
amount to be charged for the legal services we provide,
we generally consider the following factors unless
described otherwise in the engagement letter sent with
this Memorandum:
The time and effort required, the novelty and
complexity of the issues presented, and the skill
required to perform the legal services promptly,
including but not limited to the following factors:
1. The fees customarily charged in the
community for similar services and the value
of the services to you;
2. The amount of money or value or property
involved and the results obtained;
3. The time constraints imposed by you, as our
client, and other circumstances, such as an
emergency closing, the need for injunctive
relief from court or substantial disruption of
other office business;
4. The nature and longevity of our professional
relationship with you;
5. The experience, reputation, and expertise of
the lawyers performing the services; and
6. The extent to which office procedures and
systems have produced a high-quality
product efficiently.
Occasionally clients will request the performance of
legal services on a rush basis. In that event, we reserve
the right to add a reasonable premium to the hourly
rates or other methods for charging for legal services
for all work performed to satisfy the rush request. We
may also bill you for any overtime compensation paid
to the members of our staff which is necessitated by
the rush request. We will not bill you for the “rush”
premium nor charge you for such additional overtime
costs if the rush is precipitated by our own failure to
perform legal services on a timely basis once the
matter was given to us with adequate time to perform
the work in the ordinary course of business. The
determination of whether the rush was a necessitated
by your needs or was caused by our own neglect or
failure to plan, will be made in good faith, but
otherwise at our sole discretion.
Among these factors, the time and effort required are
typically weighted most heavily. We keep records of
the time we devote to your work, including
conferences (both in person and over the telephone),
negotiations, factual and legal research and analysis,
document preparation and revision, travel on your
behalf, and other related matters. We record our time
in increments of one-tenth of an hour.
The hourly rates of our lawyers and legal assistants
have an important bearing on the fees we charge. The
firm establishes a range of hourly rates of each
attorney and legal assistant. These rates may be
adjusted from time to time to reflect current levels of
legal experience, changes in our costs, and other
factors. Typically, rates are adjusted on an annual
basis, although we reserve the right to adjust our rates
at other intervals if the circumstances warrant. We
will endeavor to give you advance notice of any rate
adjustments prior to the effective date of any rate
adjustments.
We are often requested to estimate the amount of fees
and costs likely to be incurred in connection with a
particular matter. When requested, we will furnish
such an estimate based upon our professional
judgment, but always with a clear understanding that
it is not a maximum or fixed-fee quotation. The
ultimate cost frequently is more or less than the
amount estimated.
For certain well-defined services (for example, a
simple business incorporation), we will quote a fixed
fee. It is our policy not to accept representation on a
fixed fee basis except in such defined service areas or
pursuant to a special arrangement tailored to the needs
of a particular client. In those situations, the fixed fee
arrangement will be expressed in a letter, setting forth
both the amount of the fee and the scope of the services
to be provided.
3 — Revised December 17, 2015
Holden, Kidwell, Hahn & Crapo encourages
discussion with our clients about legal fees and billing
arrangements. Unnecessary misunderstandings can
result from a lack of clear communication on these
sensitive matters. We would expect to have candid
discussions regarding fees and billing arrangements
with you at the beginning of our relationship and
throughout the representation.
OTHER CHARGES
Typically, we will charge our clients not only for legal
services, but also for other ancillary services which we
provide and which are directly related to your case or
matter. Examples of ancillary charges include:
computerized research services and the use of our
photocopy and facsimile machines. While our charges
for these services are measured by use, they do not, in
all instances, reflect our actual out-of-pocket costs.
For photocopying, for example, the true cost of
providing the service is difficult to establish. While
we strive to maintain these charges at rates which are
lower than those maintained by other firms, in some
instances, the amounts charges may exceed the actual
costs to the firm. We would be pleased to discuss the
specific schedule of charges for these additional
services with you and to answer any questions that you
may have. If you would prefer, in some situations we
can arrange for these ancillary services to be provided
by third parties with direct billing to you.
In the event your files have been archived or stored at
an off-premises location and you request copies of all
or a portion of such files, or if you make any other
request which requires retrieval of such files, we may
also charge a reasonable retrieval fee and copying
expenses necessitated by such request.
DISBURSEMENTS
In addition to our fees and other charges, we will bill
you, without any mark-up, for any out-of-pocket
expenses which we incur on your behalf. Examples of
costs in this category include filing fees, court costs,
mileage, expert witness fees, service of process fees,
travel expenses, printing expenses, third-party carrier
and overnight delivery services or other costs incurred
directly in conjunction with your case. We may ask
that you pay any sizeable third-party costs or expenses
directly or that you deposit a certain amount with the
firm in advance of the incurrence of these costs.
ANCILLARY PROCEEDINGS
Occasionally we may become involved in another
lawsuit, administrative proceeding, or investigation
that arises from or is in some way related to the legal
services provided to you under this Billing Policy. We
will endeavor to notify you as soon as is reasonably
possible if such proceedings are commenced. In that
event, you agree to pay for any legal services or
administrative staff time expended by firm attorneys
or staff members in responding to such proceedings.
Such legal services will be billed at the rates generally
established by the firm at the time such services are
provided. We will also bill you for any fees,
disbursements or other out-of-pocket expenses
reasonably and necessarily expended by the firm in
such proceedings. You will be obligated to pay for
such legal services and expenses, regardless of
whether you are a party to such other proceedings.
You will also be obligated to reimburse the firm for
any attorney fees or costs incurred by the firm for
outside legal services which are necessary to respond
to such unrelated lawsuits, administrative proceedings
or investigations, except to the extent that such
services are covered and paid by the firm’s
malpractice insurance policy. However, nothing in
this paragraph obligates you to pay for such legal
services or costs if a firm lawyer or employee was
negligent or intentionally committed a wrongful act
that caused such other lawsuit, proceeding or
investigation.
BILLING ARRANGEMENTS AND
TERMS OF PAYMENTS
We will bill you, normally each month, for fees, other
charges and disbursements. You are expected to make
payment upon receipt of our invoice. Unpaid fees and
disbursements accrue interest at the maximum rate
permitted under the laws of the State of Idaho, but not
exceeding one percent (1%) per month from the
beginning of the month in which they became overdue.
If your account becomes past due, you are expected to
bring the account or the retainer deposit current. If the
delinquency continues and you do not arrange
satisfactory payment terms, we may withdraw from
the representation and pursue collection of your
account. You agree to be responsible for paying the
costs of collecting the debt, including court costs,
filing fees, and reasonable attorney fees, regardless of
whether Holden, Kidwell, Hahn & Crapo, P.L.L.C. or
outside counsel is used.
Invoices are typically sent monthly unless there is a
project to be billed in a different fashion. At times,
when there is low activity, an invoice may be sent less
frequently than monthly. Generally, one person acts
as the billing attorney for each client in order to
coordinate the billing process. Billing can be done on
4 — Revised December 17, 2015
a composite basis or broken down by subject matter.
If you want particular invoices sent to specific
individuals for approval in your company, that can be
done.
Under normal circumstances, we submit regular
monthly invoices to clients listing in a narrative
fashion the particular work performed by date and the
exact amounts of other charges and disbursements for
all client matters.
RETAINERS
New clients of the firm may be asked to pay the firm a
retainer as security for attorney fees and costs incurred
in your behalf. We reserve the right to request a
reasonable retainer from you, either prior to
commencing work for you or at any time during the
course of our relationship. Typically, the retainer is
equal to the amount of fees and costs expected for a
required task or an amount equal to the fees and costs
likely to be incurred during a two-month period. If
you pay us a retainer, you grant us a security interest
in those funds. Unless otherwise agreed, the retainer
will be credited toward the final invoice generated on
the account. The retainer will be deposited into the
firm trust account and will be kept in such account
until the due date of the final invoice, at which time it
will be credited against the remaining balance on the
account. If you dispute any amount charged against
the retainer, you may notify us promptly and we will
return the disputed amount to a trust account pending
resolution of this dispute. You are expected to pay our
invoices in full upon receipt, even though you may
have a positive balance of the retainer on deposit with
the firm.
At the conclusion of our representation or at such time
as the retainer is unnecessary or is appropriately
reduced, the remaining balance or an appropriate part
of it will be returned to you. If the retainer proves
insufficient to cover current expenses and fees for the
required task or for services rendered to you on a two-
month basis, an additional retainer may be necessary.
We will notify you in such event and request an
increase in the amount of the retainer. In the event you
fail to promptly pay such increase or fail to provide or
maintain the retainer at the agreed amount, we reserve
the right to withdraw from representing you, in a
manner consistent with the Idaho Rules of
Professional Conduct. Alternatively, and in our sole
discretion, we may add a premium of ten percent
(10%) to all hourly rates billed to you or any fixed fee
quoted to you, as a penalty for your failure to provide
or maintain the required retainer.
Deposits received to cover specific cost items will be
disbursed as provided in our agreement with you, and
you will be notified from time to time of the amounts
disbursed. Any amount remaining after disbursement
will be returned to you.
By court rule, most retainers will be placed in a pooled
account and interest earned on the pooled account is
payable to a charitable foundation established in
accordance with the court rule. If you request, your
retainer will be placed in a separate trust account for
your benefit and account.
SAFE KEEPING OF CLIENT FUNDS
We will keep any amounts paid to us as a retainer and
any other monetary amounts owned by you and paid
to us in a bank account separate from the firm general
account maintained in the State of Idaho. We will
keep, disburse, handle and otherwise maintain such
funds in accordance with Rule 1.15 of the Idaho Rules
of Professional Conduct. You agree to grant us a
security interest in such funds to secure payment of
statements rendered to you by any member of the firm
with respect to any matter for which we provide legal
services to you, and irrespective of whether we have
another fee arrangement in such other matter which
does not provide for such security interest. This
security interest will also secure your obligation to pay
interest on your account and attorney fees and costs
incurred in collecting such account. We will deposit
and keep your funds in an account that is insured by
the Federal Deposit Insurance Corporation (the
“FDIC”), however we assume no obligation to
monitor or keep you apprised of the financial solvency
of the financial institution where such account is kept,
nor do we assume any obligation to ensure the
aggregate amount of client funds kept within such
account is kept or maintained within the limits of the
insurance provided by the FDIC.
TERMINATION
You may terminate our representation at any time by
notifying us. Your termination of our services will not
affect your responsibility for payment of legal services
rendered, additional charges and disbursements
incurred before termination and in connection with an
orderly transition of the matter.
We may also withdraw from providing services to you.
The ethics rules for the jurisdictions in which we
practice list several types of conduct or circumstances
that require or allow us to withdraw from representing
a client. We try to identify such circumstances in
advance and discuss with our clients any situation
5 — Revised December 17, 2015
which may lead to our withdrawal, and if withdrawal
ever becomes necessary, we will give the client written
notice of our withdrawal.
CLIENT FILES
Once our engagement in this matter ends, we will
return the file materials provided by you upon your
request. You agree that we may retain, at your
expense, copies of the file materials. You also agree
that any materials left with us after the engagement
ends may be retained or destroyed, at our discretion.
We reserve the right to make, at your expense, and
retain copies of all documents generated or received
by us in the course of our representation. When you
request documents from us, copies that we generate
will also be made at your expense.
Our own files pertaining to the matter will be retained
by the firm (as opposed to being sent to you) or
destroyed. These firm files include, for example, firm
administrative records, time and expense reports,
personnel and staffing materials, credit and accounting
records, and internal lawyers’ work product (such as
drafts, notes, internal memoranda, legal research, and
factual research, including investigative reports
prepared by or for the internal use of lawyers). Any
documents that are retained by the firm will be
transferred to the person responsible for administering
our records retention program. For various reasons,
including the minimization of unnecessary storage
expenses, we reserve the right to destroy or otherwise
dispose of any documents of other materials retained
by us within a reasonable time after the termination of
the engagement. We assume no duty to preserve files
related to your case, although you will be entitled to
have access to those client files should you so desire.
We may however bill you for copying expense and
staff time associated with retrieving and copying such
files.
WORK PRODUCT
In order to provide legal services to you in an efficient
and cost effective manner, we will often use forms
drafted by our attorneys and modified to fit the
circumstances of your particular case. We have
invested numerous hours in the development of these
forms and they reflect the collective expertise and
experience of our firm attorneys. In an effort to avoid
payment of future legal expense, clients are often
tempted to use our work product, as reflected in these
documents, without our authorization and without
payment to the firm for use of its work product. Not
only are such actions dishonest and contrary to our
arrangement, it is also very dangerous and fraught with
peril. Nothing in your relationship with the firm, nor
payment of our invoices, entitles you to use our work
product without our specific authorization in writing.
In order to obtain your input into the preparation of
documents associated with your matter, we may
provide you with digital copies of our word processing
files, however nothing in the delivery of such digital
files authorizes you to use such work product in other
matters unrelated to your case or in any manner
outside the direction and control of one of our
attorneys. As a general rule, documents will be
provided to you in Adobe Acrobat “pdf” form in order
to discourage unauthorized alteration of the
documents.
PRIVACY POLICY
We follow the high professional standards of
confidentiality imposed on lawyers.
Types of Nonpublic Personal Information We
Collect
We collect nonpublic personal information about you
that is provided to us by you or obtained by us with
your authorization.
Parties to Whom We Disclose Information
For current and former clients, we do not disclose any
nonpublic personal information obtained in the course
of our practice, except as required or permitted by law.
In a generic sense, any information a client provides
us is likely to be considered nonpublic personal
information and receives confidential treatment.
Permitted disclosures include, for instance, providing
information to our employees, and in limited
situations, to unrelated third parties who need to know
that information to assist us in providing services. In
all such situations, we stress the confidential nature of
information being shared.
Protecting the Confidentiality and Security of
Current and Former Clients Information
We retain records relating to services that we provide
so that we are better to able assist you with your needs
and, in some cases, to comply with ethical guidelines
of our profession. In order to safeguard your
nonpublic personal information, we maintain physical,
electronic, and procedural safeguards that comply with
the rules of professional conduct applicable to us.
6 — Revised December 17, 2015
AUDIT LETTER RESPONSES
At times, you may request that we provide your
auditors certain information in connection with such
auditors’ examination of your financial statements. Of
course, we will charge for our services in doing so. In
addition, for your benefit and in order to protect the
attorney-client privilege, our responses will only be
made in accordance with the ABA Statement of Policy
Regarding Lawyers’ Responses to Auditors’ Requests
for Information (December 1975), including all of the
limitations contained therein. You agree not to request
information in addition to that provided for in the ABA
Statement of Policy and consent to our providing
responses only in accordance with the ABA Statement
of Policy.
OPINIONS TO OTHERS
As a general matter, any third party opinions will be
based on your representations and warranties that the
facts on which the opinion is based are true, complete
and accurate and upon the assumption that such
representations and warranties do not omit any facts
necessary to make such representations and warranties
not misleading. You acknowledge and agree that we
undertake no duty to investigate such representations
and warranties, or verify any matters that you
represent and warrant to us as true, complete and
accurate.
SECURITIES LAW ADVICE
Unless specifically requested and agreed by us in
writing, we will not provide any advice with respect to
the securities laws of the United States or any other
jurisdiction or any related rules or regulations and we
will not provide any advice as to whether any
information, statement, opinion, or other writing is
required to be filed with, incorporated into, submitted
to, or furnished to the United States Securities and
Exchange Commission or any state securities
regulators. You will not, without our prior written
consent, include documents or information we provide
to you in any filings with federal or state securities
regulators, including the SEC.
ARBITRATION OF FEE DISPUTES
Other than a complaint to a disciplinary authority, any
fee or cost dispute arising out of, in connection with,
or relating to the engagement agreement including,
any dispute concerning the security interest granted
herein or by common law shall be determined by
binding arbitration in accordance with Section VII of
the Idaho Bar Commission Rules.
You agree to execute a consent to a binding fee
arbitration, as provided by such Rules within twenty-
one (21) days after receipt of an arbitration request
under such Rules. The decision rendered by the
arbitrator shall be final and binding upon the parties,
to the extent provided by Idaho Code § 7-901 et seq.
and may be enforced by any court of competent
jurisdiction within the State of Idaho.
Any other matter involving a dispute arising out of or
in connection with or relating to this Policy shall be
determined by any court of competent jurisdiction
within the State of Idaho.
KEEPING YOUR CONTACT
INFORMATION CURRENT
You must keep us informed as to your current mailing
address, physical address (if different), phone
number(s), and e-mail address (if that is used). You
will keep this information accurate and up to date,
because of our need to be able to contact you with
respect to the subject of the representation and other
aspects of our relationship with you as described
above. We will rely upon the last contact information
you provide to us. You agree that we can do so with
respect to any need we may have to communicate with
you (during the existence of the attorney-client
relationship or after conclusion of that relationship)
relating in any way to our representation of you,
including in connection with commencing any
arbitration as described.
MISCELLANEOUS
This Billing Policy should be construed consistently
with the Idaho Rules of Professional Conduct,
however in the event of any irreconcilable
inconsistencies, then the Idaho Rules of Professional
Conduct shall prevail. The provisions of this Billing
Policy are severable. In the event any part of this
Policy is determined to be unlawful or unenforceable
for any reason, then such unenforceability shall not
affect the enforceability of the remaining provisions.
The provisions of this Billing Policy and any
supplemental retainer letter shall comprise all terms
and conditions of our agreement with you. No prior
statement, representation or understanding will be
binding unless contained within such written
agreement or unless contained in another written
agreement signed by both parties. This Policy is to be
construed in accordance with the laws of the State of
Idaho and the venue for any action arising therefrom
shall be in the state of Idaho.
Holden, Kidwell, Hahn & Crapo, P.L.L.C.
TAB J
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 1
LAW ENFORCEMENT AND ANIMAL CONTROL AGREEMENT
(FY 2019—Bonneville County and City of Iona)
THIS LAW ENFORCEMENT AND ANIMAL CONTROL AGREEMENT (this
“Agreement”), is entered into this _____day of _______________, 2019, (the “Effective
Date”), by and between BONNEVILLE COUNTY, a political subdivision of the State of
Idaho, (the “County”) and the CITY OF IONA, a municipal corporation of the State of Idaho
(the “City”). The County and the City are herein together referred to as the “Parties” and
each as a “Party.”
WITNESSETH
WHEREAS the geographic boundaries of the City (herein referred to as “Iona” to
distinguish the geographic location from the City in its corporate capacity) are located
entirely within the geographic boundaries of the County (herein referred to as “Bonneville
County” to distinguish the geographic location from the County in its corporate capacity);
and
WHEREAS, the City has authority under Idaho Statuteslaw to enforce State penal
laws and local ordinances, including those violations of which constitute a public offense
within the City includingIona and the enforcement of ordinances of the City; and
WHEREAS, the Bonneville County SheriffSheriff’s Office, an office of the County
(“BCSO”), has the duty under Idaho statuteslaw to enforce State laws, including those the
violation of which constitute a public offense, in all areas of theBonneville County,
including violations occurring within corporate limits of the City of Iona; and
WHEREAS, the City has authority to contract with the County to provide law
enforcement services within the CityIona; and
WHEREAS, the City has determined that the County can provide law enforcement
services within the CityIona at a cost more economical to the City than if the City provides
its own law enforcement services; and
WHEREAS, the County has on BCSO’s staff trained and competent personnel for
adequate police protection and is willing to assume and provide the law enforcement
services within the City of Iona; and
WHEREAS, the pParties have deemed it to be to the mutual interest of the County
and City to have the County assume the law enforcement duties and the police protection for
the City of Ionain Iona in accordance with this Agreement.
AGREEMENT
NOW, THEREFORE, it is hereby agreed by and between the pParties as follows:
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 2
1.Police Protection. The County by the execution of this agreement is hereby
authorized and shall assume the non-exclusive responsibility for the protection and law
enforcement of the City ofand police protection within Iona, together with its
responsibilities in other areas of Bonneville County and with concurrent jurisdiction within
the CityIona with the Idaho State Police. The County agrees to enforce all criminal and
penal ordinances of the Cityprovide the Services as directed by the Mayor or other
designated official of the City, when the Iona law enforcement officer is not on
dutyhereafter defined.
2.Services. The County agrees to provide the following law enforcement
services (referred to collectively as the “Services”) within Iona:
(a)Base Coverage. “Base Coverage” includes 24-hour coverage for calls
for service and regular random patrol from BCSO on shift patrol, in accordance with Idaho
law. This includes investigations, follow up, and special team call outs. The County will
make Iona calls a priority and follow the calls per service priority dispatch for general calls
of service.
(b)Full-Time Officer. The BCSO will employ, manage, supervise, and
maintain one full-time officer specifically to work within Iona (the “Full-Time Officer”).
The Full-Time Officer will work on a non-exclusive basis, within Iona to provide regular
patrols, code enforcement action, and be the front line of the County’s Base Coverage within
Iona. In performing these duties, the Full-Time Officer shall use one of the City’s police
vehicles, which shall be re-painted as minimally as possible in order to maintain the “Iona”
branding of the vehicle, but sufficient to accommodate safety and the County’s requirements.
The shifts, time worked, and priority of work will be determined with communication and
input from the Mayor or other designated official of the City (the “City Liaison”) for
scheduling and duties. If at any time during the Term hereof, the County is not employing a
designated Full-Time Officer or if the Full-Time Officer is absent for more than a reasonable
time (e.g., absences for training, vacation, workers compensation), the County may either:
(i)provide an equivalent service by scheduling other BCSO
employees to do so, in which case the City will not be required
to pay any more than would be otherwise due hereunder
(regardless of any additional expenses to for the County); or
(ii)not provide an equivalent service, in which case—termed an
Omission, below—the City’s Flat Rate Payment will be
reduced pursuant to Section 7(a)(i), below.
(c)Shift Work. The County will maintain routine patrol operations in
the City to enforce all criminal and penal ordinances and laws in effect in Iona and will
include the City in general law enforcement information sharing and case management for
investigations, etc.
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 3
(d)Animal Control. The County shall assume the exclusive
responsibility for animal control protection of the City ofwithin Iona, together with its
responsibilities in other areas of Bonneville County and with concurrent jurisdiction within
the CityIona with the Idaho State Police. The County agrees to enforce applicable City
ordinances of the City as directed by the Mayor or other designated official of the CityCity
Liaison, excluding animal kennel licensing and other non-enforcement related ordinances.
(e)Additional Services. The Parties may, at any time, enter into
additional contracts for alternate services such as a temporary assignment or overtime patrols
for the extra coverage, provided that any such additional contract will be in writing.
3.Equipment. UnlessExcept as otherwise notedprovided in this agreement,
BonnevilleAgreement, the County shall furnish at its own expense all automotive vehicles
and all law enforcement and police equipment, supplies, and materials necessary for county
officers to provide all of the Services in an adequate police protection, safe, and enforcement
within the Cityprofessional manner.
4.Services. Base coverage is in each option which includes 24-h o u r
coverage for calls for service and regular random patrol from BCSO on shift patrol. This
includes investigations, follow up and special team call outs. This contract is for base
coverage plus a full-time officer.
Bonneville County will make Iona calls a priority and follow the calls for service
priority dispatch for general calls of service. The County will manage, supervise and
maintain the full time/part time Iona personnel. The shifts, time worked, and priority of
work will be determined with communication and input from the City of Iona for scheduling
and duties. The County will maintain routine patrol operations in the City and include Iona
in general law enforcement information sharing and case management for investigations
etc. Bonneville County will provide a weekly report for Iona and meet with the Council
monthly as needed.
BCSO will not bill for services above basic coverage when the service is not
provided. If the full-time personnel for Iona are not in place, the service will not be billed.
This excludes normal work absences for training, vacation etc. This policy also applies to
additional shifts built into contract options such as overtime patrols etc. Short term
agreements for alternate services such as a temporary assignment or overtime patrols for
the extra coverage is allowed under the contract. These items will be agreed upon between
the Mayor and Sheriff or the designees in written or written electronic form.
5.Term. This agreement shall become effective on October 1, 2019, and shall
continue in force and effect through and including September 30, 2020, constituting a one-
y e a r period.
6.Personnel. The County shall furnish sufficient personnel for such police and
law enforcement and Animal Control services in the City ofServices in Iona, and such
personnel shall be under the direction of Bonnevillethe County; provided, however, that
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 4
these persons shall be responsible for responding to and enforcing violations of City
ordinances as requested by the Mayor or other designated official of the City.City Liaison.
The County shall pay all salaries and benefits of such personnel, including PERSI,
unemployment compensation, or other withholdings and deductions required or allowed by
law and the City shall have no responsibility whatsoever with respect thereto. The County
further agrees to obtain and maintain police professional liability insurance and, automobile
liability insurance coverage, and all other customary insurance coverages in such amounts
and upon such terms as it deems appropriate, provided the County willshall, on any such
policies relating in any way to the Services, obtain an endorsement on such policies naming
the City as an additional insured thereon.
7.Records andCounty Reporting. The County shall furnish the City with a
written summary of its activities incurred hereunder for each month,week (the “Report”),
which shall be submitted on or before the third Monday of the following montheach Tuesday
during the term of this agreement.Term for the prior week. Along with such report will be
information regarding the scheduling of the Full-Time Officer and any other personnel
providing the Services, for the upcoming week until the date of the next scheduled Report.
At the request of the Mayor of IonaCity Liaison, personnel from the Sheriff's OfficeBCSO
shall monthly report in person toat the City of Iona, City Council for a monthly meeting.
8.Compensation. The City shall pay to the County as compensation for the
services to be herein rendered for the term as stated, the sum of $212,000 (two hundred
and twelve thousand dollars) allocated as follows:
Law Enforcement $212,000
Further, the City agrees to share traffic and criminal fine revenue paid to the City by
any Court of Law at twenty-five percent (25%) to the City of Iona and seventy-five
percent (75%) to the Bonneville County Sheriff’s Office on citations issued by
Bonneville County Sheriff Deputies within the city limits of the City of Iona, as
determined from official records of the Court(s), invoiced by the County on a quarterly
basis. Notwithstanding the foregoing, in the event any assessment is made against the
City pursuant to Idaho Code §1-2218, then and in such event, the seventy-five percent
(75%) share of the County in such revenue shall be reduced by any amounts assessed to
and paid by the City during any calendar quarter preceding the date of the quarterly
payment set forth below.
The amounts of the stated compensation herein set forth shall be paid by the City to
the County in quarterly payments, with the first payment due on the 31st day of
December, 2019, and the subsequent payments due on March 31, 2020, June 30, 2020,
and September 30, 2020. Each quarterly payment will be for 25% of the total
compensation value of the contract.
9.Renewal and Extension. This agreement may be renewed or extended for
additional periods of time by written endorsement hereon or by letter with reference to
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 5
this agreement extending or renewing the contract for an additional term. Should there be
any desire to not renew the contract, the party so desiring shall give notice to the other on or
before March 1st of the current fiscal year. In the event of any renewal or extension hereto,
the parties shall jointly agree upon and modify, if necessary, the compensation amounts
as set forth in paragraph 8.
10.Fines and Forfeitures. All All traffic, civil, or non-felony criminal citations,
complaints, and prosecutions for non- felony crimes or violations (collectively,
“Prosecutions”) shall be issued in accordance with the statutes of the State of Idaho, or
ordinances of the City of Iona, if applicable, and shall be processed in the Magistrate
Division of the District Court of the Seventy Judicial District of the State of Idaho, in and for
the County of Bonneville County. All fines, penalties, and forfeitures (collectively, “Fines”)
paid or received under the provisions of any City ordinancesall such Prosecutions shall be
paid unto the City Treasury pursuant to the provisions of Section 50-1015 of the Idaho
Code. § 50-1015. The City Treasurer shall report to the County on a quarterly basis, all
fines paid toFines received by the City, from any Court(s)., within 24 hours after the
monthly City Council meeting held in the months of December, March, June, and September
during the Term.
11.Compensation. In exchange for the Services to be provided by the County,
the City shall pay to the County compensation as described in the provisions of this section.
(a)Amount. The City agrees to pay the County a “Flat Rate Payment”
and a “Percentage Payment” as follows:
(i)Flat Rate Payment. For the Services, the City shall pay a Flat
Rate Payment in the amount of $212,000.00 to the County in
four equal quarterly payments of $53,000.00, due on
December 31st; March 31st; June 30th; and September 30th,
during the Term, respectively. Notwithstanding the foregoing,
if—in accordance with Section 2(b)(ii), above—the County
does not provide the Full-Time Officer or an equivalent
service (an “Omission”), the amount of the next Flat Rate
Payment to which the County is entitled shall be reduced by
the result of the proportion of the Full-Time Officer’s 2,184-
hour work year during which an Omission occurred, being
multiplied by the amount of the Flat Rate Payment allocated to
the Full-Time Officer service category in Section 7(b), below.
(ii)Percentage Payment. The City agrees to pay to the County a
Percentage Payment equal to 50% of the Fines received by the
City, as reported pursuant to Section 6, above, on
December 31st; March 31st; June 30th; and September 30th
during the Term. Notwithstanding the foregoing, in the event
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 6
any assessment is made against the City pursuant to Idaho
Code §1-2218, then the next Percentage Payment to which the
County is entitled shall be reduced by the amounts assessed to
and paid by the City.
(b)Allocation. The Flat Rate Payment is allocated at follows:
Service Category
(per Section 2, above)
Amount of Flat Rate
Payment allocated thereto
Base Coverage $0.00
Full-Time Officer $112,000.00
Shift Work and
Animal Control $100,000.00
12.Term. The term of this Agreement (the “Term”), during which the County
shall provide the Services, shall commence at 12:01 a.m. (Mountain Time) on
October 1, 2019, and shall continue until 11:59 p.m. (Mountain Time) on
September 30, 2020, constituting a one-year period.
13.Termination or Extension. This Agreement may be terminated by the City
without cause at any time prior to the end of the Term hereof upon written notice from the
City, provided that such notice shall provide a minimum of 60 days’ notice to the County of
the termination hereof and shall advise the County of the length of time required by the City
to make alternative arrangements to provide law enforcement services within Iona (the
“Transition Period”). The City may revise its notice to lengthen the Transition Period,
provided that the Transition Period shall end no later than 6 months from the original date of
the termination notice. The Parties further agree that the County shall provide all of the
Services during the Transition Period, provided that the City shall continue to pay the
amounts required by the terms of this Agreement, including additional payments in
accordance herewith in the event that the Transition Period ends after the Term hereof.
Notwithstanding any other provision hereof, no payment of any kind hereunder shall be due
to the County for any time period after the end of the Transition Period. The Parties agree to
commence discussions to renew, extend, amend, or otherwise negotiate in relation to the
Services after the Term hereof by April 1st of the Term of this Agreement.
14.Independent Contractor. The County shall perform the Services required by
this aAgreement and the responsibilities enumerated hereunder as an independent contract;
and thecontractor. The County, the Sheriff's OfficeBCSO, and theeach law enforcement
officers shall not be considered agents or employees of the City of Iona.
15.Indemnification. The County agrees to indemnify and hold harmless the City
against any and all liability for injury, including loss of life, to any person and for damage to,
or loss of, the property of any person or any other damages to any third person arising from
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 7
any act or omission on the part of the County, its officials, Sheriff, or other law enforcement
personnel in connection with providing animal control, police protection and law
enforcement within the Cityany way relating to the County’s provision of the Services
pursuant to this Agreement.
16.General Provisions.
(a)Waiver. Failure of either Party to require performance of any
provision of the Agreement shall not affect either Party’s right to require full performance
thereof at any time thereafter and the waiver by either party of a breach of any provisions
hereof shall not constitute a waiver of a similar breach in the future or of any other breach or
nullify the effectiveness of such provision.
(b)Interpretation. Each party has participated fully in the review of this
Agreement. Any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in interpreting this Agreement.
(c)Entire Agreement. This Agreement sets forth the entire
understanding of the Parties with respect to the matters set forth in this Agreement as of the
Effective Date; it supersedes all prior oral or written agreements of the Parties as to the
matters set forth in this Agreement; and it cannot be altered or amended except by an
instrument in writing, signed by both Parties.
(d)Severability. If any provision of this Agreement or any portion of
any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the
invalidity, illegality, or unenforceability may not alter the remaining portion of such
provision, or any other provision of this Agreement, as each provision of this Agreement is
deemed severable from all other provisions of this Agreement.
(e)Obligation and Authority. This Agreement constitutes the legal,
valid, and binding obligation of the parties, enforceable against the Parties in accordance
with its terms. Each Party has the absolute and unrestricted right, power, and authority to
execute and deliver this Agreement and to perform its obligations hereunder
(f)Counterparts; Electronic Delivery. This Agreement may be
executed in counterparts, each of which is deemed an original but all of which constitute one
and the same instrument. The signature pages may be detached from each counterpart and
combined into one instrument. This Agreement may be signed and delivered electronically
(fax or e-mail), a printed copy of which shall be effective as an original. Any Party so
delivering such a copy via electronic communication shall deliver an executed original of
this Agreement to the other Parties upon request.
[Signature Page Follows]
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 8
IN WITNESS WHEREOF, the parties heretoParties have caused this
instrumentAgreement to be executed, through duly enacted resolutions of the governing
bodies of both parties, the day and the year first above writteneach Party, as of the
Effective Date.
ATTEST BONNEVILLE COUNTY
PENNING MANNING ROGER CHRISTENSEN, Chairman
Bonneville County Clerk Board of Commissioners
PAUL J. WILDE
Sheriff
ATTEST CITY OF IONA
Iona City Clerk Mayor
Bonneville County City of Iona
By:By:
Name
:Roger Christensen Name:Dan Gubler
Title:Chairman, Board of Commissioners Title:Mayor
ATTEST:
By:
Name
:Paul J. Wilde Keri West, City Clerk
Title:Bonneville County Sheriff
ATTEST:Address:P.O. Box 487
Law Enforcement Contract Page 1
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 9
Iona, Idaho 83427
Tel.:(208) 523-5600
Penny Manning, Bonneville County Clerk Email:cityclerk@cityofiona.org
Address:
Tel.:
Email
:
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 1
LAW ENFORCEMENT AND ANIMAL CONTROL AGREEMENT
(FY 2019—Bonneville County and City of Iona)
THIS LAW ENFORCEMENT AND ANIMAL CONTROL AGREEMENT (this
“Agreement”), is entered into this _____day of _______________, 2019 (the “Effective
Date”), by and between BONNEVILLE COUNTY, a political subdivision of the State of
Idaho, (the “County”) and the CITY OF IONA, a municipal corporation of the State of Idaho
(the “City”). The County and the City are herein together referred to as the “Parties” and
each as a “Party.”
WITNESSETH
WHEREAS the geographic boundaries of the City (herein referred to as “Iona” to
distinguish the geographic location from the City in its corporate capacity) are located
entirely within the geographic boundaries of the County (herein referred to as “Bonneville
County” to distinguish the geographic location from the County in its corporate capacity);
and
WHEREAS, the City has authority under Idaho law to enforce State penal laws and
local ordinances, including those violations of which constitute a public offense within Iona
and the enforcement of ordinances of the City; and
WHEREAS, the Bonneville County Sheriff’s Office, an office of the County
(“BCSO”), has the duty under Idaho law to enforce State laws, including those the violation
of which constitute a public offense, in all areas of Bonneville County, including violations
occurring within Iona; and
WHEREAS, the City has authority to contract with the County to provide law
enforcement services within Iona; and
WHEREAS, the City has determined that the County can provide law enforcement
services within Iona at a cost more economical to the City than if the City provides its own
law enforcement services; and
WHEREAS, the County has on BCSO’s staff trained and competent personnel for
adequate police protection and is willing to assume and provide the law enforcement
services within Iona; and
WHEREAS, the Parties have deemed it to be to the mutual interest of the County and
City to have the County assume the law enforcement duties and the police protection in Iona
in accordance with this Agreement.
AGREEMENT
NOW, THEREFORE, it is hereby agreed by and between the Parties as follows:
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 2
1.Police Protection. The County is hereby authorized and shall assume the
non-exclusive responsibility for law enforcement and police protection within Iona, together
with its responsibilities in other areas of Bonneville County and with concurrent jurisdiction
within Iona with the Idaho State Police. The County agrees to provide the Services as
hereafter defined.
2.Services. The County agrees to provide the following law enforcement
services (referred to collectively as the “Services”) within Iona:
(a)Base Coverage. “Base Coverage” includes 24-hour coverage for calls
for service and regular random patrol from BCSO on shift patrol, in accordance with Idaho
law. This includes investigations, follow up, and special team call outs. The County will
make Iona calls a priority and follow the calls per service priority dispatch for general calls
of service.
(b)Full-Time Officer. The BCSO will employ, manage, supervise, and
maintain one full-time officer specifically to work within Iona (the “Full-Time Officer”).
The Full-Time Officer will work on a non-exclusive basis, within Iona to provide regular
patrols, code enforcement action, and be the front line of the County’s Base Coverage within
Iona. In performing these duties, the Full-Time Officer shall use one of the City’s police
vehicles, which shall be re-painted as minimally as possible in order to maintain the “Iona”
branding of the vehicle, but sufficient to accommodate safety and the County’s requirements.
The shifts, time worked, and priority of work will be determined with communication and
input from the Mayor or other designated official of the City (the “City Liaison”) for
scheduling and duties. If at any time during the Term hereof, the County is not employing a
designated Full-Time Officer or if the Full-Time Officer is absent for more than a reasonable
time (e.g., absences for training, vacation, workers compensation), the County may either:
(i)provide an equivalent service by scheduling other BCSO
employees to do so, in which case the City will not be required
to pay any more than would be otherwise due hereunder
(regardless of any additional expenses to for the County); or
(ii)not provide an equivalent service, in which case—termed an
Omission, below—the City’s Flat Rate Payment will be
reduced pursuant to Section 7(a)(i), below.
(c)Shift Work. The County will maintain routine patrol operations in
the City to enforce all criminal and penal ordinances and laws in effect in Iona and will
include the City in general law enforcement information sharing and case management for
investigations, etc.
(d)Animal Control. The County shall assume the exclusive
responsibility for animal control protection within Iona, together with its responsibilities in
other areas of Bonneville County and with concurrent jurisdiction within Iona with the Idaho
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 3
State Police. The County agrees to enforce applicable City ordinances as directed by the City
Liaison, excluding animal kennel licensing and other non-enforcement related ordinances.
(e)Additional Services. The Parties may, at any time, enter into
additional contracts for alternate services such as a temporary assignment or overtime patrols
for the extra coverage, provided that any such additional contract will be in writing.
3.Equipment. Except as otherwise provided in this Agreement, the County
shall furnish at its own expense all automotive vehicles and all law enforcement and police
equipment, supplies, and materials necessary for county officers to provide all of the
Services in an adequate, safe, and professional manner.
4.Personnel. The County shall furnish sufficient personnel for such Services in
Iona, and such personnel shall be under the direction of the County; provided, however, that
these persons shall be responsible for responding to and enforcing violations of City
ordinances as requested by the City Liaison. The County shall pay all salaries and benefits of
such personnel, including PERSI, unemployment compensation, or other withholdings and
deductions required or allowed by law and the City shall have no responsibility whatsoever
with respect thereto. The County further agrees to obtain and maintain police professional
liability insurance, automobile liability insurance, and all other customary insurance
coverages in such amounts and upon such terms as it deems appropriate, provided the
County shall, on any such policies relating in any way to the Services, obtain an
endorsement naming the City as an additional insured thereon.
5.County Reporting. The County shall furnish the City a written summary of
its activities incurred hereunder for each week (the “Report”), which shall be submitted on or
before each Tuesday during the Term for the prior week. Along with such report will be
information regarding the scheduling of the Full-Time Officer and any other personnel
providing the Services, for the upcoming week until the date of the next scheduled Report.
At the request of the City Liaison, personnel from the BCSO shall monthly report in person
at the City Council meeting.
6.Fines and Forfeitures. All traffic, civil, or non-felony criminal citations,
complaints, and prosecutions for crimes or violations (collectively, “Prosecutions”) shall be
issued in accordance with the statutes of the State of Idaho, or ordinances of the City of Iona,
if applicable, and shall be processed in the Magistrate Division of the District Court of the
Seventy Judicial District of the State of Idaho, in and for the County of Bonneville. All fines,
penalties, and forfeitures (collectively, “Fines”) paid or received under all such Prosecutions
shall be paid unto the City Treasury pursuant to the provisions of Idaho Code § 50-1015.
The City Treasurer shall report to the County all Fines received by the City from any Court,
within 24 hours after the monthly City Council meeting held in the months of December,
March, June, and September during the Term.
7.Compensation. In exchange for the Services to be provided by the County,
the City shall pay to the County compensation as described in the provisions of this section.
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 4
(a)Amount. The City agrees to pay the County a “Flat Rate Payment”
and a “Percentage Payment” as follows:
(i)Flat Rate Payment. For the Services, the City shall pay a Flat
Rate Payment in the amount of $212,000.00 to the County in
four equal quarterly payments of $53,000.00, due on
December 31st; March 31st; June 30th; and September 30th,
during the Term, respectively. Notwithstanding the foregoing,
if—in accordance with Section 2(b)(ii), above—the County
does not provide the Full-Time Officer or an equivalent
service (an “Omission”), the amount of the next Flat Rate
Payment to which the County is entitled shall be reduced by
the result of the proportion of the Full-Time Officer’s 2,184-
hour work year during which an Omission occurred, being
multiplied by the amount of the Flat Rate Payment allocated to
the Full-Time Officer service category in Section 7(b), below.
(ii)Percentage Payment. The City agrees to pay to the County a
Percentage Payment equal to 50% of the Fines received by the
City, as reported pursuant to Section 6, above, on
December 31st; March 31st; June 30th; and September 30th
during the Term. Notwithstanding the foregoing, in the event
any assessment is made against the City pursuant to Idaho
Code §1-2218, then the next Percentage Payment to which the
County is entitled shall be reduced by the amounts assessed to
and paid by the City.
(b)Allocation. The Flat Rate Payment is allocated at follows:
Service Category
(per Section 2, above)
Amount of Flat Rate
Payment allocated thereto
Base Coverage $0.00
Full-Time Officer $112,000.00
Shift Work and
Animal Control $100,000.00
8.Term. The term of this Agreement (the “Term”), during which the County
shall provide the Services, shall commence at 12:01 a.m. (Mountain Time) on
October 1, 2019, and shall continue until 11:59 p.m. (Mountain Time) on
September 30, 2020, constituting a one-year period.
9.Termination or Extension. This Agreement may be terminated by the City
without cause at any time prior to the end of the Term hereof upon written notice from the
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 5
City, provided that such notice shall provide a minimum of 60 days’ notice to the County of
the termination hereof and shall advise the County of the length of time required by the City
to make alternative arrangements to provide law enforcement services within Iona (the
“Transition Period”). The City may revise its notice to lengthen the Transition Period,
provided that the Transition Period shall end no later than 6 months from the original date of
the termination notice. The Parties further agree that the County shall provide all of the
Services during the Transition Period, provided that the City shall continue to pay the
amounts required by the terms of this Agreement, including additional payments in
accordance herewith in the event that the Transition Period ends after the Term hereof.
Notwithstanding any other provision hereof, no payment of any kind hereunder shall be due
to the County for any time period after the end of the Transition Period. The Parties agree to
commence discussions to renew, extend, amend, or otherwise negotiate in relation to the
Services after the Term hereof by April 1st of the Term of this Agreement.
10.Independent Contractor. The County shall perform the Services required by
this Agreement and the responsibilities enumerated hereunder as an independent contractor.
The County, the BCSO, and each law enforcement officer shall not be considered agents or
employees of the City.
11.Indemnification. The County agrees to indemnify and hold harmless the City
against any and all liability for injury, including loss of life, to any person and for damage to,
or loss of, the property of any person or any other damages to any third person arising from
any act or omission on the part of the County, its officials, Sheriff, or other law enforcement
personnel in any way relating to the County’s provision of the Services pursuant to this
Agreement.
12.General Provisions.
(a)Waiver. Failure of either Party to require performance of any
provision of the Agreement shall not affect either Party’s right to require full performance
thereof at any time thereafter and the waiver by either party of a breach of any provisions
hereof shall not constitute a waiver of a similar breach in the future or of any other breach or
nullify the effectiveness of such provision.
(b)Interpretation. Each party has participated fully in the review of this
Agreement. Any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in interpreting this Agreement.
(c)Entire Agreement. This Agreement sets forth the entire
understanding of the Parties with respect to the matters set forth in this Agreement as of the
Effective Date; it supersedes all prior oral or written agreements of the Parties as to the
matters set forth in this Agreement; and it cannot be altered or amended except by an
instrument in writing, signed by both Parties.
(d)Severability. If any provision of this Agreement or any portion of
any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 6
invalidity, illegality, or unenforceability may not alter the remaining portion of such
provision, or any other provision of this Agreement, as each provision of this Agreement is
deemed severable from all other provisions of this Agreement.
(e)Obligation and Authority. This Agreement constitutes the legal,
valid, and binding obligation of the parties, enforceable against the Parties in accordance
with its terms. Each Party has the absolute and unrestricted right, power, and authority to
execute and deliver this Agreement and to perform its obligations hereunder
(f)Counterparts; Electronic Delivery. This Agreement may be
executed in counterparts, each of which is deemed an original but all of which constitute one
and the same instrument. The signature pages may be detached from each counterpart and
combined into one instrument. This Agreement may be signed and delivered electronically
(fax or e-mail), a printed copy of which shall be effective as an original. Any Party so
delivering such a copy via electronic communication shall deliver an executed original of
this Agreement to the other Parties upon request.
[Signature Page Follows]
Law Enforcement and Animal Control Agreement
(FY2019—Bonneville County and City of Iona)Page 7
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed, through duly enacted resolutions of the governing bodies of each Party, as of the
Effective Date.
Bonneville County City of Iona
By:By:
Name
:Roger Christensen Name:Dan Gubler
Title:Chairman, Board of Commissioners Title:Mayor
ATTEST:
By:
Name
:Paul J. Wilde Keri West, City Clerk
Title:Bonneville County Sheriff
ATTEST:Address:P.O. Box 487
Iona, Idaho 83427
Tel.:(208) 523-5600
Penny Manning, Bonneville County Clerk Email:cityclerk@cityofiona.org
Address:
Tel.:
Email
: