HomeMy WebLinkAbout2026-06-02 Regular Meridian City Council June 2, 2026.
A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, June
2, 2026, by Mayor Robert Simison.
Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug
Taylor, Anne Little Roberts and Brian Whitlock.
Other Present: Chris Johnson, Bill Nary, Dave Miles, Caleb Hood, Crystal Campbell,
Emily Kane, Tishra Murray, Todd Lavoie, Tracy Basterrechea and Dean Willis.
ROLL-CALL ATTENDANCE
X Liz Strader X Brian Whitlock
Anne Little Roberts X John Overton
_X_ Doug Taylor _X_Luke Cavener
X Mayor Robert E. Simison
Simison: Council, we will call this meeting to order. For the record is June 2nd, 2026,
at 6:00 p.m. We will begin tonight's regular City Council meeting with roll call
attendance.
PLEDGE OF ALLEGIANCE
Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us
in the pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: Next item is the community invocation. I don't see our presenter here this
evening.
ADOPTION OF AGENDA
Simison: So, we will move on to adoption of the agenda.
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: We are going to have a small change to the agenda. No. 14 from our
workshop, which was the 2026 legislation impacting cities, will become the new Action
Item No. 4 and the current number four listed will be five and the current No. 5 will
become 6 and with that I move that we adopt the agenda.
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Little Roberts: Second.
Simison: Have a motion and a second to adopt the agenda as amended. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and agenda is agreed to.
MOTION CARRIED: ALLAYES.
ANNOUNCEMENTS AND RECOGNITION
Simison: Council, anything under announcements and recognition?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yes, I do have a brief item. On June 16th we are tentatively planning -- the
Parks Department is tentatively planning a ribbon cutting at Tammy Street Park and I
just wanted to mention that. It may take place sometime either at 11 :00 or 11 :30, it's still
being finalized, but I just wanted people to have that on their radar. I will not be able to
attend because of a conflict.
Cavener: What was the date again?
PUBLIC FORUM
Simison: Thank you. Anything else, Council? Okay. Then, with that, Mr. Clerk, anyone
sign up under public forum?
Johnson: Mr. Mayor, nobody signed up for that.
ACTION ITEMS
1. Appeal of City Clerk's Denial of Application for TUP-26-0066 Bower
Shaved Ice LLC
Simison: All right. Then we will go on to Item 1, which is appeal of city clerk's denial of
application for TUP-26-0066, Bower Shaved Ice, Incorporated. I don't know who is
going to lead us off.
Johnson: Mr. Nary, are you covering this or should I?
Nary: Mr. Mayor, Members of the Council, I think what you have in front of you tonight
is an appeal. This was a request for a temporary use permit for -- for the business to
operate in the Lowe's parking lot off of Overland. There is already a temporary use
permit that's already been granted for that. Under our code there is only one temporary
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use permit that's allowed per location. The clerk's office did try to work with the
applicant to see if there is another location nearby that could allow this to be there. It
looks like they tried to do that. That didn't work out. So, their application was denied.
They are appealing to you. There is, again, nothing in the code. There is no exception.
There is nothing else without rewriting the code to allow more than one on site where
there are other types of uses in that lot and -- that are mobile sales, but this is not a
mobile sales unit, this is a fixed building that is, you know, put in site for the summertime
and, then, removed at the end of the summer. There really isn't an alternative to grant
it, but they do have the right to appeal and that's why it's in front of you tonight.
Simison: Thank you. Council, any questions for staff? Okay. Is the applicant here?
Johnson: We received an e-mail they would be here, Mr. Mayor, but it looks like they
are not. I'm so sorry. There -- you can come up.
Simison: Would you like to come up and make any comments? Just wait until you get
up to the mic and when you get up to the mic just state your name and let everyone
hear your conversation.
Tandy: Okay. So, I'm Brianne Tandy, I'm here on behalf of Bower Shaved Ice. So, our
question just was that like the temporary use permit that's already granted is for like the
corn dog place that's there and they are not there on like a daily basis, so that's why we
were confused on like if it's a -- why do they get to hold the permit for the whole parcel
when they are not there on like a daily or a regular basis. They just come like once a
week for a few hours and so that's where our confusion was is that like they hold the
permit for the whole parking lot, but they are not even there on a consistent daily basis.
Simison: Okay.
Nary: So, to answer that question, so, Mr. Mayor, Members of the Council, just so you
understand -- so, all the temporary use permits are governed by time and the amount of
time they can be there. So, many of them -- and this is not uncommon for a lot of them
-- is they don't operate continuously for that period of time, because they only have a
certain number of days in which they can operate. So, they may operate for two or
three days a week, but our code only, basically, allows one per site. So, whether they
operate every single day for 120 days in a row or 120 days over four months, or five
months and three or four days a week instead of every day, either one of those is still
allowed under our code. But we only allow one per site, so --
Tandy: Okay. Understood.
Simison: Council, any questions?
Little Roberts: Mr. Mayor?
Simison: Council Woman Little Roberts.
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Little Roberts: I have a question more directed at Bill. So, I drive by that space on a
regular basis, but do I understand that it's because they are more of a building that is --
would be structured and there until the end of the summer? Because on a regular basis
-- I don't want to throw anybody under the bus, but there is three that are there on a very
regular basis, but they all have wheels and come and go, so it feels like we are making
them pay because they can't -- they are stable and would be there the whole summer,
which they are actually a product that people kind of count on to be there, because
there used to be a more permanent one down to where the car wash went in.
Nary: So, Mr. Mayor, Members of the Council, Council Member Little Roberts, so, yeah,
there are two different types of permits of this -- of this nature. One are temporary uses
and one are mobile sales. Mobile sales have different rules. How long they can be
there. How often they have to move. You know, they can only be there for -- I think it's
two hours at a time. So, yes, even though they have wheels and they can move, they
can get a temporary use permit to allow them to be there longer for any particular day or
time versus the two hours. So, we don't -- we don't just require they be mobile, but if it's
a mobile sales it, obviously, has to move every two hours. I get that a building that is --
basically comes on a flatbed or a forklift isn't going to do the same thing, but as the
differences in our code is that even though you may have a mobile sales, but you want
to park it there for a longer period of time, which some of them do, then, they can get a
mobile -- then they can get a temporary use so they can be there longer than two hours
and have to move it every time. I think of the one that's up there by the speedway.
there is a -- there is one up there that doesn't move, even though it's a mobile looking
unit. I don't know that it moves, but it doesn't. We have a few of those around town that
don't move very much and that's why they have a temporary use.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: So, Bill, if we felt like this -- because there is no ability for us to give an
exception is what I'm understanding.
Nary: There is not.
Strader: So, the only resolution that could happen that could improve this situation in
the future if we decided it was warranted would be to actually change the code.
Nary: Yes.
Strader: Okay. I think that's important for you to understand.
Tandy: So, that's fine. Right? Like that's not something that can be done like today;
right? You guys can't do that. It's a process. So, like I guess our question is -- because
if this helps other people that are in the same situation -- because that's a very large
parcel and, like she said, there is multiple food trucks and I have seen them there like
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for a full day, but they are applying under the premise that they are only going to be
there for two hours. But, fortunately, for them they can just like leave if they realize
someone's watching; right? Unfortunately for us we can't pick up and leave if we want
to, because we are -- we are a shed and so I guess my question is how do -- how would
we go about like petitioning for the process to change the code, because there are
some parcels that are very large that could handle more than one temporary use permit
per allotted parcel. So, how do we go about like making that change -- or trying to make
that change?
Simison: I'm saving my voice, so I'm going to turn to Mr. Nary for any comments.
Nary: So, Mr. Mayor, Members of the Council. So, the Council can direct us to
reevaluate that and look at -- there is a lot of factors to look into. One of the concerns
is, again, are we going to -- a lot of the concerns sometimes with these businesses is
other businesses get concerned when mobile businesses will intrude on their business.
Tandy: Right.
Nary: And so we are trying to -- trying to balance that and that's kind of why we have
two different types of permits for two different types of uses. So, trying to evaluate the
size of lots and regulating that and all of that -- certainly if the Council wants us to do
that we can do that. It probably won't happen through -- until the summer is over. It's
going to take a while. But certainly we could look at -- at some other change that might
make some sense or something that we could look at and bring back to the Council in
the future.
Tandy: Okay. Perfect.
Simison: Any additional questions or comments? Okay. Thank you.
Tandy: Thank you.
Simison: Okay. With that we will need an action. So, I will turn to Council for any
dialogue or motions.
Little Roberts: Mr. Mayor?
Simison: Council Woman Little Roberts.
Little Roberts: To kick off some type of dialogue, because I'm such a fan of small
business, worked really hard to get one of our young entrepreneurs in Storey Park with
kind of the same type of business. I know how much that can benefit the kids and
students trying to earn money over the summer, because sometimes summer jobs are
hard to find, so you create your own. So, I guess I would like to see us reevaluate --
especially where there was something in our packet that said that lot was maybe
actually two lots, not one lot. I don't know if that makes a difference or just the fact that
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it is a parking lot, if we would ever consider like going by how large something is to
potentially have two available -- spots available in there or -- I would like to see if we
could, you know, reevaluate our ordinance to see if we can make some room for some
more summer small businesses.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: I appreciate those comments and I a hundred percent agree. It feels like -- first
off I appreciate you bringing the appeal, even though we are not in a position I don't
think to support that, but what it's done is it's highlighted that maybe there is a way we
can nuance this, because it seems like it's -- it's not being fairly applied in a way in
terms of the uses and the types. So, I -- I would be interested in looking at how we can
maybe make some changes to -- to allow that, because what I would hate for is some
ordinances that seem maybe a little bit arbitrary to get in the way of -- of some of this
stuff. So, I would be, you know, supportive of -- of us looking at that when -- when we
can and see if there is a way forward.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I agree with that. I think just looking at it is a great idea. I mean, obviously, we
also have a vested interest in making sure that like we don't end up with a parking lot
that has like five, you know, tents or, you know, semi-permanent structures in it as well.
Like there is a balance there. But if there -- if the planning department was open to at
our direction looking at maybe some kind of metric based on the amount of space
available or something along those lines. I don't want to do it for them, but something
like that, maybe we look at that. I would be supportive of looking at that for sure.
Unfortunately, I would have to deny you today, just because we don't have a choice.
But I would be open to us looking at that as well.
Simison: Okay. And with that do I have a motion?
Little Roberts: Mr. Mayor?
Simison: Council Woman Little Roberts.
Little Roberts: I move that we reconsider our ordinance -- I guess we need a motion on
this.
Simison: Yes.
Little Roberts: I move -- I -- I'm so sorry to do this, but I move we deny the appeal.
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Cavener: Second.
Simison: Have a motion and a second to deny the appeal. Is there any discussion?
Do we need a roll call on this, Mr. Nary?
Nary: No.
Simison: If not, all in favor signify by saying aye. Opposed nay? The ayes have it and
the appeal is denied.
MOTION CARRIED: ALLAYES.
Simison: So, go the leadership from the department here, as well as code enforcement
who will have their own parts to this conversation about mobile versus temporary as
well, so I'm sure that they will take that under consideration and look at different options
for consideration, so -- okay.
2. Public Hearing for Program Year 2026 Community Development
Block Grant Action Plan
Simison: With that we will move on to Item 2, which is a public hearing for program year
2026 Community Development Block Grant Action Plan. We will open this public
hearing with staff comments.
Campbell: Thank you, Mr. Mayor, Members of the Council. Let me get my presentation
up really quick. Sorry about that. So, this is for our upcoming action plan that starts on
October 1st of this year and we are just going to be going through the different projects
that were selected for this. So, a quick overview of what CDBG is. It's a federal grant
that we receive from the Housing and Urban Development. So, it's federal and it's got
all of its own regulations that we can't do a lot about for several things. It's guided by a
five year consolidated plan and with that we go out to the community and stakeholders
and we identify what the community is saying the goals are for this program and what
the needs are and try to meet those and, then, each year we submit an action plan like
this, so that we say how we are going to spend the money and how we are going to
meet those goals. So, this is our fifth year of our five year plan and the goals that were
identified during this one were public improvements, permanent housing, public services
and program administration. We are -- we -- we are expected to receive 555,314
dollars this year and the way that we spend it -- there is -- there is federal caps, first of
all, for admin. We can spend up to 20 percent on admin and, then, up to 15 percent for
services and so we don't typically spend all of our admin and we spend all of our
services that we can towards those projects and, then, after those dollar amounts are
removed, then, we split it equally between public improvements and housing. So, for
the projects this year it's coming out to about 8.5 percent admin, 15 percent services
and, then, about 38 percent for both public improvements and housing projects. The
city is responsible for the administration, of course, and, then, we also handle the public
improvements. We did a walkability study at the beginning of the consolidated plan so
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that we could prioritize the projects within the community that were identified and we
have just been going through those. For program administration this year we are
setting aside 47,000 dollars and this is just for general compliance of the program and,
then, planning our upcoming consolidated plan and fair housing activities. For
Improvements, that's 212 dollars -- a little over that and it's for finishing up the
Northwest 7th walkability project. We are hoping to have that done this fall if everything
goes well. For our other two goals, then, we go out to partners to -- for these and we
have competitive applications for both long-term housing solutions and public services.
For projects to be eligible they need to show that there is a connection to housing
stability. They have to make sure that it's going toward people who meet the income
criteria, which is up to 80 percent of the area median income and for this year that
means a four person household can make up to 88,550 dollars and qualify for this
program and it also has to go toward a Meridian resident. There were two projects that
were selected for public services and, again, it went up to the full 15 percent, which was
83,297 dollars and these are two projects you guys are familiar with, Jesse Trees
Emergency Rental Assistance Program for 41 ,649 and, then, the Boys and Girls Club
Youth Scholarship Program for 41,648. For housing we have the homeowner repair
through Neighborworks Boise that you guys are familiar with as well for 187,509 dollars
and this is for those bigger projects that are focused on efficiency, accessibility and
emergency fixes. So, a lot of these ones are repairing a roof or HVAC systems,
plumbing, things like that and we also had this application for Habitat for Humanity and
it's for critical home repairs. This one was funded for -- or proposed to be funded for
25,000 dollars and this is for projects that are a lot of ramps and things like that that are
smaller things and so they are -- they are actually serving the same number of people,
but it's just smaller projects and they also prioritize veterans, seniors and people with
disabilities. We are also wanting to add as an alternate project our affordable housing
opportunities. We don't have anything identified right now, but if something comes up
and there is funding available that hasn't been spent, then, we would like to be able to
use it towards something like that. So, coming up we have another public hearing on
June 23rd and, then, the public comment period closes on June 29th and, then, on the
7th, then, I will have it before you for final approval and a couple weeks after that, then,
will have it submitted to HUD. So, what I'm really asking for right now is for feedback on
our -- our action plan. We really want to get feedback from the community, make sure
that we are addressing the needs that they said, that it's still relevant and that these are
the projects that they want to see. There is many ways to participate in this and to
provide the feedback. We will have a virtual open house on June 10th at 3:00 p.m. and
June 18th at 10:00 a.m. so people can just call in at any point during those times and
ask questions or give feedback in any way they want. We also have a survey posted to
our website, so it can just take you through guided questions and makes it really easy or
you can also testify at this public hearing or the next one on the 23rd and I'm also
working on a few other in-person events and I will add those to the website as they
come up and as always people can reach out to me directly. I'm Crystal Campbell and
this is my contact information and with that I will stand for questions.
Simison: Thank you, Crystal. Council, any questions for staff?
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Little Roberts: Mr. Mayor?
Simison: Council Woman Little Roberts.
Little Roberts: Not a question, but just a thank you for Crystal. I was on the scoring
committee this year and, oh, my gosh the work that goes into this is phenomenal and
Crystal does a great job and so thank you very much, Crystal. It's not an easy thing to
do, so it's greatly appreciated.
Simison: Council, any additional questions? Okay. Mr. Clerk, anyone signed up on this
item?
Johnson: Mr. Mayor, no.
Simison: Okay. This is a public hearing. Is there anybody who would like to provide
testimony on this item, either in the room or online? If you are online you can use the
Raise Your Hand feature. Not seeing anyone coming forward or raising their hand, are
we going -- are we continuing this item?
Campbell: I had thought it was two separate public hearings, but if it makes sense to
continue it it doesn't make a difference to me.
Simison: Do we need to close it I guess is the question. You are the process person.
just run the meeting.
Campbell: No. No, there is nothing in our participation plan that says we have to do it
one way or the other, so we can have two separate ones.
Simison: Okay. All right. Then do I have a motion to close the public hearing?
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: I move that we close the public hearing for program year 2026 Community
Development Block Grant Action Plan.
Little Roberts: Second.
Simison: I have a motion and a second to close the public hearing. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and the public hearing is closed.
MOTION CARRIED: ALLAYES.
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3. Public Hearing for Medimont Industrial Building (CR-2026-0001) by
Geoffrey Wardle, located at 100 S. Adkins Way
Simison: With that we will move on to Item 3, which is public hearing for Medimont
Industrial Building, CR-2026-0001. Open this public hearing with staff comments.
Hood: Thank you, Mr. Mayor, Members of Council. Caleb Hood, community
development. I have been asked to kind of just give you a little bit of background
information. You have a bunch of information in your packet tonight, but I'm going to
kind of fill in some of the gaps that may be there or some of the background information.
So, staff received a certificate of zoning verification change of use application, also
known as a CZCU. The number on that was CZCU-2026-002 for a tenant space at 100
South Adkins, which is on the south side of Franklin just off of Franklin just east of the
cemetery, not quite to Locust Grove in an industrial complex that's there on the south
side of Franklin Road. Adkins intersects Franklin there. The applicant's submitted a
letter and some other information dated March 25th, 2026, stating that they wanted to
operate the principle's private offices from the property in the suite I just mentioned in
that tenant space. Professional services are only allowed as an accessory use in the
industrial zone or the I-L zone, which the subject property is zoned. The applicant
asserts they are a flex space user, but they don't meet that definition in the UDC. To be
a flex space, the primary use of the space must be warehousing or other light industrial
uses, like manufacturing, processing, fabrication, assembly, treatment and/or packaging
from previously prepared materials, with associated offices. So, office is a component
of flex, but it can't be the principal use, it needs to be ancillary to those things I just
rattled off and not the other way around. So, it can't be, again, the dominant use of the
site. Flex isn't just total flexibility in any uses in the space. So, I think that's maybe
where some of it gets crossed. Yes, we -- we can be flexible in how some of those
tenant spaces are used, but it doesn't mean just anything can go in there. There are
some specific use standards and definitions of a flex space and when we reviewed the
application it did not meet that criteria. Just further, flex space is applied on a user by
user basis, not a per site basis, so we are looking at the application of the space being
applied for some time that -- sometimes that is a whole building that that user wants to
operate in, sometimes, as is the case here, it's just the tenant space. What we can't do
and don't do is count a hundred percent of the building and divvy up those -- those uses
that I just mentioned said, well, they are warehousing over there, so you can be the
office. It's within that user space is how you have to meet those percentages of a use to
be -- to meet the definition of flex space. Again, the CZCU application included both the
narrative and a floor plan that did not meet the definition of flex space. I believe staff
has consistently and regularly applied our code the way I just described it to you and so
we denied the application that's before you now.
Simison: Thank you. Council, any questions for staff?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
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Cavener: Caleb, I'm trying to kind of walk through this if we are -- if we are looking at
this on a tenant-by-tenant basis and so if flex space calls for a minimum of 30 percent of
the structure and/or tenant space is what it says in the UDC. So, if we are talking
structure and/or tenant space I look at that differently than as a tenant-by-tenant use
and I guess how would an applicant achieve a minimum of 30 percent if they are only
coming in with a single use as a flex tenant?
Hood: So, Mr. Mayor, Councilman Cavener, again, it's 30 percent of that space
whatever, that is, and sometimes it can be the whole building. So, again, for easy math
-- Mr. Lavoie used easy math earlier. A hundred thousand square foot building; right? If
-- if you have got all of that we would want 30 percent of that building, 30,000 square
feet. Could be up to 30,000 square feet for offices and other type uses. I will just say,
by the way, that varies depending on the underlying zoning district in that section. I
think that's the percentage for industrial versus some of our commercial zones -- are
different caps and requirements for what you can have as the subordinate use, retail
showrooms, office spaces, that does vary depending on the underlying zoning district.
But, again, it would be if that user space was 10,000 square feet in a hundred thousand
square foot building, we would want up to 3,000 square feet of that could be used for
office, but the other seven would need to be for warehousing, processing, some of
those other light industrial type of uses. And I will just -- maybe just one more -- some
of the problem if we were to try to do it the other way, is we really can't. We don't have
a business registry and we often don't know who is in some of these spaces and what
happens when someone leaves, if they are the 70 percent warehousing and they vacate
and we are only left with a 30 percent office, do we go kick the office out, because it's
no longer a flex building? So, that does create some challenges if we were to even try
to attempt to say it's the building having those ratios versus each user having those --
those ratios.
Cavener: Then, Mr. Mayor, maybe just one additional follow up. Then why in there do
we list structure and/or tenant space?
Hood: Again, Mr. Mayor, I'm sorry if I'm not saying this correctly, but it can be one and
the same. I can own the whole building and I am one tenant.
Cavener: Okay. But, then, what's the structure space?
Hood: That one space. One tenant for the building.
Cavener: And Mr. Mayor -- and, Caleb, I'm sorry. Then why are we delineating
between the two?
Hood: Because it can be the other; right? It can be multi-tenant building.
Cavener: Okay. But how could a multi-tenant building -- if we are taking this on tenant
by tenant -- achieve -- it says 30 and 20 percent of office retail space.
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Hood: They achieve it individually or together. But we aren't evaluating it that -- we are
looking at it at the individual application for that -- for that space. I'm -- I'm sorry we are
missing each other a little bit on that, but that's -- that's the best that I can do to explain
it. Yeah.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: Caleb, can you -- you mentioned the underlying use might indicate percentages
of use. I'm not looking at the code. I'm not sure what that is. Can you explain to me if
it's 30 percent in industrial, light -- what is it for the other underlying uses? Is there a
different percentage? And, forgive me, I -- I'm recalling when we had this discussion
maybe a year or 18 months ago. I can't remember what it was. About flex space and
we talked about how we actually come up with the -- the ratios. But I'm just not recalling
right now. Can you walk me through what, if any, differences there are depending on
the use type?
Hood: Sure. Mr. Mayor, Councilman Taylor. So, in 11-4-318 is a specific use standards
for flex space. It does talk about office and/or retail showroom areas shall comprise a
minimum of 30 percent of the structure and/or tenant space in the C-C district, 15 in the
C-G district and ten percent in the ME district and 20 percent in the I-L and I-H. So, it --
the underlying zoning district is where that ratio changes. So, in this case before you
now 20 percent in the I-L.
Taylor: Mr. Mayor, a follow up. Can you just -- a short brief history. How did we come
to these different numbers and these different things? I mean maybe it's something that
we need to clean up as a city, but how -- how did we end up with -- with these varying
different percentages?
Hood: Yeah. Mr. Mayor, Councilman Taylor. So, there was a fairly recent action in mid-
2025, fall of 2025, somewhere in there. I don't remember. Where Council actually did
direct staff to -- you had some -- some from the development community that were here
and you directed what -- how the code reads today basically. Some -- this isn't how it's
always read. That was amended again nine months ago or so, somewhere in that -- in
that time frame. It didn't used to read the way it does now, but those were the
percentages that you heard from, again, a couple in the development community and
directed staff to change -- not dissimilar from some of the discussion you had earlier on
the temporary use.
Taylor: Mr. Mayor, just a follow up. I -- I remember the discussion. What I don't
remember is going through each of these different zonings and deciding a different
percentage. I don't recall that part of the conversation and maybe it was written and not
discussed, so that could be my error. I do remember discussing some of the
percentages, because we brought some of it down. Maybe it was just for a certain type
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of use. So, I don't recall considering all of them, but maybe I'm just misremembering if it
was written down, but not discussed.
Hood: I will -- if you allow me a little bit of that. It did happen and it was sort of on the
fly and it's not worded -- I will just be honest. It's not ideal from staffs perspective, but it
is what you all decided to approve, so -- it is not ideal.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Without, you know, some comparisons of where they feel the city allowed
and --
Simison: Do we --
Cavener: -- kind of--
Simison: Do we want to hear directly from the appellant on their comments first or --
Cavener: Well, I guess I -- Mr. Mayor, I just -- I wanted to get some basis from staff as
to what made this decision differently. If we want to wait and have staff rebut that's fine.
I just -- I think that's an important piece to hear from staff --
Simison: Go ahead.
Cavener: -- as to why staff made those decisions.
Simison: Yeah. I just don't know if the appellant may make those arguments or
different arguments when they get up there to make their case. But go ahead.
Hood: I'm sorry, can you repeat the question?
Cavener: Sure. Thanks, Caleb. Mr. Mayor, Caleb. The appellant lists, you know, I
think -- I think seven or eight situations where they believe that -- essentially that
approvals were granted under similar conditions and trying to get an understanding.
Did those actions happen before Council made these changes or if you could give
Council a flavor as to what distinguished those other decisions versus this one that's
before us?
Hood: Yeah. Mr. Mayor, Councilman Cavener, I believe, just so I'm tracking with you,
on page six of the applicant's letter from April 15th I believe those are the -- the sites
you are referring to, kind of at the top of page six.
Cavener: Yeah.
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Hood: And maybe without going into each one of them, I will say -- the applicant
actually did a pretty good job there. It says we are allowing them to exist. That is
different than permitting. And like was discussed even on the Lowe's site, things are out
there that we don't permit, review and approve, but we don't necessarily permit either.
The first three planning never allowed that use to go into those locations. The fourth
one actually has split zoning. It's partially zoned C-G and I-L and there is a record
when Bruce Chatterton was the director he made the call saying, hey, because the
parcel has split zoning we are going to give you the benefit of the doubt and say your C-
G portion of it you can have this use, which is really more of an office use, but we had
that conversation with them. Most of the building is here, parking and other uses on
that split zone property, so there was some discretion there, but only because it was a
split zone site. So, you know, we will evaluate them when we are asked these types of
questions, but I believe we are pretty consistent in how we apply what is a professional
office and allowed or not an industrial zone or another zone and a flex space in meeting
those definitions, so --
Cavener: Okay. Thank you. Thank you, Mr. Mayor.
Simison: Council, additional questions for staff? Okay. Would the applicant like to
come forward?
Wardle: Mr. Mayor, Members of Council, I am Geoff Wardle. I am counsel for the
applicant in this matter. My address is 251 East Front here in -- 251 East Front in
Boise. No longer a Meridian resident. Sorry about that. I appreciate the questions that
we have already heard and I appreciate the acknowledgement of staff that your code
has some problems and I -- I harken back to a hearing that we had probably 18 months
ago and Council Member Strader asked why is it you are always here on the -- the hard
contentious ones and that your approach is to bludgeon. Well, that's because words
have meaning and we have to give value to those meanings and we have to hold staff
accountable. So, this application arises entirely from the fact that I'm representing
attorneys who did the right thing at the very beginning and they ask permission and
what happens when you ask permission? Well, unfortunately, here you don't get
solutions apparently. So, let's talk about this application. So, why are we here? Well,
this is an approximate 8,500 to 9,000 square foot building located on Adkins. It's one of
many that we have in this city that are those eight to ten thousand square foot multi-
tenant spaces on small parcels. This was originally platted in the late '90s. The building
was built in late '90s, early 2000s. There has been other development of similar
buildings there. It currently has two existing tenants, a construction -- a contractor that
has a roll-up door and utilizes it for its construction offices and storage, which is a
permitted use within the I-L zone. It also has a classic car broker, which is a permitted
use within the I-L zone. Now, from 2020 to 2025 the Idaho -- the state of Idaho leased
the 4,000 square feet that we are talking about here. The portion of the building was
leased to Idaho Vocational Rehab and you can see there in those pictures it was utilized
for office. Today the space is vacant. The space is empty. But the vocational
rehabilitation space -- and we will talk about the building permit authorizing the tenant
improvements for that here in a moment -- was entirely office. There was no storage.
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There was no retail. There was no warehousing. This was office. Now, who are the
owners? Well, the owner is Long Dog, LLC. Ty and Kelli Ketlinski, local attorneys with
practice here in Meridian, long time residents of the area, who bought it as an
investment, knowing that you have the income from the other tenants, with the desire to
modify that half of the building for their own personal use. Well, for -- for their use and
modification that would include their personal offices. Now, what did they ask? Well,
they came in and asked initially for a fast track occupancy permit and at that point were
informed, because they wanted to undertake construction to remodel the space to
actually add the elements that we talk about flex space needing. Roll-up doors,
storage, elements where those other permitted uses can occur. So, what did they ask?
Well, their intention was to convert three of the office spaces into warehouse space for
their personal use, combine two offices into a conference room, eliminate one office and
add a roll-up door. So, they are attempting to bring the space more into conformance
with what the code would require for flex space and here demonstrates those specific
areas and revisions. So, you can see at the top in the red that would add a roll-up door
to the north side of the building. The north side of the building already has a roll-up
door on the south for the contractor space. It would take what had been office and
hallway space and turn that into warehouse space for uses that we will talk about in a
moment. It eliminated additional office space to make additional meeting space and
provide an additional restroom as they contemplate future uses of that warehouse
space. So, they acquired it as a personal investment. It's currently 50 percent occupied
and their intention was to relocate their professional offices to there, as well as utilize a
portion of the warehouse conversion for storage of personal classic vehicles and, then,
Ms. Ketlinski is -- is developing an animal service business, which would be a permitted
use as flex space that could be operated from there and Mr. Ketlinski is a strength
trainer who has contemplated taking and creating just his own mini gym, which would
require a conditional use permit and as set forth in our application, there has been no
qualms in this city of granting conditional use permits in the I-L zone in similar industrial
and flex spaces. So, we believe that staff is grossly oversimplifying the request and the
nature of the appeal. It's been characterized as a denial to allow professional services
to operate from an existing industrial building in the I-L zone. This building has never
truly functioned as an industrial building and we are seeking the permits to enable our
clients to utilize this as flex space. I agree with Caleb flex space does not mean a
mixed use space, but we know what flex space says in your code. We believe that our
request is actually an appeal of allowing an existing permitted professional office use to
be modified by the property owner for various permitted conditional and accessory uses
consistent with the historic permitted use. So, the error here is the denial of the CZC or
even the requirement for a CZC in light of things that we are going to discuss in a
moment. We also, as we will discuss in a moment, the staff misapplies and
misinterprets your code as it relates to flex space and ultimately this is a violation of
property rights. Now, we believe that staff has acted arbitrarily, because staff has
articulated this description of, oh, it's the structure or it's the individual tenant space.
But when you amended the reference to the code talking about flex space you chose
certain words and I do not believe that in any universe you can articulate that 30 percent
of the structure and/or tenant space justifies this notion that, well, if it's a single tenant
space we will look at it one way, if it's a multi-tenant space we will look at it another way.
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So, that's the first thing. The second thing is this conjunction that we hear read in the
definition of flex space -- okay. You say flex space is office and/or retail and/or
warehousing, but that's the definition. So, we, then, go to what are your development
standards and this is your development standard here and when you adopted this
development standard you adopted it with a minimum amount of office required in each
of these zones and, then, you imposed a maximum amount of light industry and
warehousing. You did not impose a minimum requirement there and its office and/or
retail. So, I could do office that supports a warehouse and I disagree with the
assessment that my client's desire to create true flex space with a roll-up door, a
warehouse storage and the ability to do a variety of other businesses from it, is
somehow contrary to your code. Now, we also note that professional services is
allowed as an accessory use and I have tried to articulate a variety of off ramps, so that
we don't have to be here and I don't have to bludgeon people. Those off ramps have
not been accepted. But the fact of the matter is Long Dog is the owner. It's an
investment property and the Ketlinskis are seeking to utilize much less than half for their
own personal offices. That is the essence of accessory being accessory to Long Dog's
ownership. Now, when we come back to this language I would also posit that this
notion that staff has articulated that, well, we looked at what the individual space is and,
then, we decide whether or not that use is permitted when we are considering this flex
space is wholly inconsistent with your code, because under your code light industry and
warehouse are prohibited in the C-C zone and only allowed with a conditional use
permit or accessory in the C-G zone. So, applying the analysis that staff has applied
here in the light industrial for this being professional office, you cannot do warehouse,
yet your code specifically says that we will allow warehouse up to a certain amount in
this other provision. Now, we recognize and acknowledge that what we hear from staff
regularly is our goal is to preserve industrial space and minimize incompatible uses and
I sent our summer intern out, because I think it's important to document these and I
agree allowing is not necessarily permitting, but as I have shared with this body and
your staff multiple times and it's been a beef of mine in this jurisdiction for 20 years, a
citizen should be able to drive their car down the road, stop in front of something, look
around and be able to get a sense for what the uses are permitted based upon what
you have actually done and if your uses that are there do not reflect the underlying
zoning that's a zoning problem that the city has not the citizens. Why? Because those
would be un -- those would be non-conforming uses that you can't get rid of. So, there
has been inconsistent enforcement. If the goal is to preserve the light industrial space
for these uses, then, why are we allowing so many -- I mean so many conditional use
permits? The goal here should be to encourage in the I-L and in flex space to
encourage innovation and small operators to do it. A lot of this was driven by the fact
that 25 years ago the only light industrial and only industrial development in this
jurisdiction was being done on small parcels. That is not the case. You have made
other policy changes. So, let's talk about the inconsistent enforcement on this parcel.
First of all, there has been an engineering firm, MDS Mechanical Drafting Services,
occupying what is now the premises that constitutes what vocational rehab left, since at
least 2011. They were there in, '11, '16, '17 and '19. Additionally, a home health
provider was in this building from 2011, '16 and '17. Vocational rehab came in 2020 and
was there and has been there 2020 through 2025. When this space was leased in the
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summer of 2020 to the state of Idaho a TI permit was sought for the space and it was
labeled as Vanilla TI. So, space was leased in summer of 2020, building permit issued
in October of 2020 and the city issued the certificate of occupancy and substantial
completion in December. At the time -- and here is the entirety of your file on the
building permit -- the project was labeled Vanilla TI. The business name was labeled
State of Idaho offices. The TI, areas the 4,600 square feet we are talking about, the
change of use designation accepted by your staff was no, because the new use was
office spaces and conference rooms and the prior use was office spaces and
conference rooms. So, why did staff determine in 2020 that there was no change of use
and that a building permit could be issued for office space and conference rooms that
turned one hundred percent of this space into conference space and office rooms?
Now, vocational rehab, we can debate whether that's professional services. Under your
code vocational rehab is identified as a healthcare service. But healthcare services are
not even permitted in the I-L zone and they were not permitted in 2020. Now we have
staff telling us that, well, you can't do this, because you can't put office in the light
industrial and what's -- what's the most frustrating here is it's not like we have had
turnover in this department and it's not like we have had turnover in this staff. The staff
responsible for CZCs has been the same the entire time. In 2020 and in 2025 same
property, same use, although we are reducing the amount of office and conference
space and ultimately it's the same purpose. This is a building that provides space for a
variety of competing and different uses. So, what's the difference? We are not seeking
special treatment. We are seeking consistency. And professional services -- I mean,
again, you want to talk off ramps, professional services are accessory to the owner of
the building's use and enjoyment and operation of this building. They are not using 50
percent of it for their professional offices. We could get off that way. We could also
focus on the fact that if this was an existing nonconforming use, then, staff should have
told us just come and get a conditional use permit and we will address this that way.
But they didn't do that. We could also address it through the fact that you permit office
in flex space and with your amendments to your code it's in the alternative. There are a
variety of ways to do this without creating any unfortunate future difficulties, but we have
to be consistent and we have to respect the duty to afford people equal protection and
due process. I will stand for any questions of which I'm sure you have many.
Simison: Thank you. Council, any questions?
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: Mr. Wardle, thanks for the presentation and the passion. You definitely bring
that. One question I have. I agree that our code on this flex space needs a lot of fine
tuning. We have -- even just about a month ago we had an application that wanted to
make some changes to our UDC on flex space to allow their use. I do recall the
conversation eight or nine months ago that we had with -- with staff about making some
adjustments to the percentages of the space. You are actually highlighting something I
have long believed, which is I -- I hate to put staff in a position where they are picking
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and -- winners and losers on -- on -- on uses, because it's really challenging just
depending on, you know, a lot of factors. I think we would be better served to have very
very little detail on some of this stuff, but that's my own personal philosophy. I guess my
question is is your issue really about the inconsistency of application or is your issue
highlighting a broader bigger one, which is we have kind of got a messed up UDC on
flex space?
Wardle: Mr. Mayor, Council Member Taylor, my position is that my clients just want to
be able to utilize the space and want a building permit. So, I really don't want to burn
your code down. I know why you got here. I sat through these meetings. I have sat
here as Adler has bludgeoned you guys as well on what is permissible, you know, flex
space, but it's just really problematic when you approve a building permit that makes a
hundred percent of the tenancy office space and the user-owner comes in and goes I
want to get a building permit to reduce that to about 60 percent office, 40 percent
warehouse storage and other stuff, to have staff do what they did and I agree, we don't
want them picking winners and losers, but absent a clear policy change staff cannot
articulate to us why they approved this and required no CZC in 2020 and required this in
2026 when we asked for it. There is no -- that is more damning than staff picking
winners and losers.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Mr. Wardle, I assume you asked our staff that very question and I'm going to
ask them that same question here in a minute. I would be curious to hear what your
recollection was of their response.
Wardle: Mr. Mayor, Council Member Cavener, this has not been an easy process with
your staff, because -- and Caleb I don't think can answer for them on this, because the
individuals who are responsible aren't here, but when my assistant is discussing how we
initiate this process and the staff member who is the individual responsible for the CZCs
is uncooperative and says you are never going to get this approved, there is not a lot of
room to work and engage, because my client's tried that. My clients came in, my clients
did everything for six months of trying to address what staff needed and that's when I
got called.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I'm curious about the CUP route and why that wasn't offered up. Help me
understand where we are at today. Would your client be willing to pursue a CUP? Just
curious.
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Wardle: Mr. Mayor, Council Member Strader, my concern -- had -- had staff said, oh, we
view this as a non-conforming use, we can address it through a CUP, we certainly would
have explored that. But we are now six months after my clients have acquired this
space, we are three plus months after he made this application, we have burned a
month getting in front of you for various internal reasons. So, the problem I have is,
okay, fine, if I come back for a conditional use permit, the fact of the matter is we still
have a fundamental problem here and I anticipate that your staff's argument is going to
be well it can't be a non-conforming use, because we never allowed office in that area
anyway. I have reviewed your code. Jurisdictions can't be estopped. We know that's
the law. But there doesn't appear to have been any basis to allow vocational rehab into
the space. It doesn't appear that there was a permitted use at all for that. So, that's
why I was reticent to do it. I would have explored it and had those discussions, but it
has -- and, unfortunately, we have a prior landowner that my clients purchased this from
that appears to have aggravated your staff on this site and another site and how these
uses happened and I think that has infected the interactions.
Strader: Okay.
Wardle: And if that's what you would like us to do we certainly would consider it, but
mean your counsel will recognize that I'm going to keep my -- I'm going to keep my
equal protection and due process claims alive by any means necessary.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I'm sure we will hear from Mr. Nary and his take on all of it. I was just trying to
be solution oriented at this point.
Wardle: And I appreciate that, Council Member Strader, because citizens should not
have to hire Clark Wardle for applications like these.
Simison: Council, additional questions for the applicant? Okay.
Wardle: Thank you.
Simison: Thank you. Mr. Clerk, anyone sign up to provide testimony?
Johnson: Mr. Mayor, only the applicant.
Simison: Okay. Is there anybody present that would like to provide testimony on this
item, either in the room or online? Okay. Seeing no one coming forward, Council, do
you want to invite the applicant back up to close or would you like to invite the applicant
back up for more conversation or would you like the applicant to stay seated over there
for a little bit and talk amongst yourselves?
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Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Sort of whatever. I do have -- I do have a question I flagged I'm going to ask
staff and so is it appropriate to maybe have staff respond and, then, give the applicant
the opportunity for rebuttal?
Simison: Yep.
Cavener: Thanks, Mr. Mayor. Caleb, Mr. Wardle is pretty clear. He views that this is
very similar to the vocational rehab. Help Council understand what -- what does staff
see as the difference between the voc rehabilitation use and this proposed use?
Hood: Mr. Mayor, Councilman Cavener, Members of the Council, I don't know that there
is much of a difference in the two uses. They do both seem like they are professional
offices, which wouldn't be allowed in the industrial zone.
Cavener: Okay.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I would love to hear from Mr. Nary, if that's okay. And so, Bill, you know,
looking at this we have -- it seems like at least a couple of examples where the code is
not being applied in a consistent manner. The code -- I think we could debate back and
forth about the meaning of whether it's applied to the structure, the tenant space, what
the definition is, but we have a situation where we have had like what looks like some
inconsistency. How to address that best? Is a CUP the right way to resolve this in your
opinion? Like what is the cleanest way to try to resolve this while we can try to make
improvements to our code as needed.
Nary: So, Mr. Mayor, Members of Council, Council Member Strader, I think you have
really hit on the -- the -- really the crux of what's here and I don't -- I don't have a great
answer for the -- the -- the inconsistency that's been highlighted here in the testimony. I
-- I would agree with -- with Mr. Hood, I don't think the prior use should have been
approved. I'm not sure what -- what was requested. Up until recently all that I had ever
been communicated was was that the Ketlinskis simply wanted to put a law office in
there. That was it. It was just a law office and law offices aren't allowed in industrial
zones. That's not what they are asking and that's not what's being presented to you
today. They are asking to use it as a flex space with a portion of it that's an office and
the office I think is implied in our code, but I don't think it's that clear that the intention of
the office space is supposed to be related to the flex space is what is probably intended,
but it isn't required, it isn't necessarily defined. So, can you have an office space and a
flex space in the -- in the same physical location and the office is unrelated or at least is
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accessory to the building, but not necessarily accessory to the business? I think you
can. I think -- so, I guess what you have in front of you, Council, is I think Mr. -- I think
Mr. Wardle is asking for a couple of things, either to agree with him that this really isn't a
change in use and that this is compliant with their code and it does allow for them to
have the law office in a portion of it, to allow the other uses as they anticipate to use in
the future and they are trying to -- to prepare the space for these other uses. It does put
a challenge on the staff, we -- we can't monitor every use and I have really been
hesitant that just putting a roll-up door doesn't make a place a flex space, but I get that
you also have to prepare for other uses and so that's kind of what I think one avenue
you could take is that they are really compliant, but they are not completely, you know,
in using that today, but it does meet the intent of the code very broadly. The other
alternative is as you just stated, Council Member Strader is if the staff was unclear or
unsure and maybe, again, they misunderstood or misinterpreted what was being
requested, but -- but the -- the -- the -- the staff could have certainly said, look, we don't
think it complies with that, but it might comply under a CUP, I think what -- Mr. Wardle is
correct is they may have said I don't think a CUP is allowed either. So, we are going to
-- we would recommend denial of a CUP anyway or we don't think that's allowed. But
that's an avenue they could explore. Or the avenue which I think the staff did direct
them to, which is appeal their CZC denial and come to you to say does it either fit? Is
there a better alternative or is it truly not consistent or compliant with your code? So, I
do think there is a lot of other things and, again -- and I have known Mr. Ketlinski for 25
years, too, so I don't think there is anything here other than trying to comply. So, I do
think that -- that you have a couple of options here and I think all of them are pretty
reasonable. So, I don't know if that answers your question completely, but I think there
is certainly avenues here for resolution that would make sense and aren't as Mr. Wardle
said -- not trying to really rewrite the code by one decision. I don't think anyone wants
to do that and I don't think he is asking for that. I think they are just looking for a more
rational decision from all of you to one of these directions that would make the most
sense. Clearly they would like you to just agree that it complies. But whichever one
you choose I think is a reasonable resolution for any of it. And I would agree they never
should have to hire Mr. Wardle just for that, so that's fine.
Simison: Council, any additional questions or would you like the applicant to come up
and make any closing arguments or statements? We won't say he is arguing. He is --
he is stating. Bludgeoning?
Wardle: Mr. Mayor, Members of Council, Geoff Wardle once again. I want to make two
observations. One, I disagree with Mr. Hood's assessment that office is not allowed in
light industrial space. It's allowed as part of your flex space. It's also allowed as
accessory. Vocational rehab was not permitted under your current code. It's not -- a
healthcare use is not permitted in the I-L. So, you know, again, when I offer off ramps
we are not trying to be cute, we are just trying to -- if the goal is to bring space more into
compliance than it historically has been that's what my client's intention has been.
Second, as to Mr. Nary, I agree there are a variety of ways that we can get to where we
need and it is -- it's unfortunate that the scope of what my clients have asked for was
not fully articulated up from the planning department to the people that have worked on
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this, because we have tried to be as clear as possible about what we are doing,
because I know that helps to explain things. But Mr. Nary indicated -- said, well, we
don't know what was done in 2020, but we have to hold the city accountable for its
approvals and this is your building permit document and your building permit document
in 2020 said the new use is going to be office space and conference rooms and state of
Idaho offices and it didn't constitute a change of use at that time to do it and we can talk
about the whole issue of whether or not taking that and the Ketlinskis purchasing it for
investment and a variety of uses constitutes a change of use, I do not believe that does
under the building code, which is why we are here. But I think there are ways to move
this forward. But clearly this has been an application that I don't think -- well, it didn't
need to get to this point, but it is. So, with that I would request that you grant our appeal
and direct staff to issue a CZC flex space allowing office or approve the CZC
recognizing flex space with Ketlinski Law Office recognized as an accessory use being
accessory to the owner investment property of the property and the whole operation and
with that -- let's -- let's get out of here.
Simison: Easy for you to say. We are here for a while tonight. Council, any questions
for the applicant?
Whitlock: Mr. Mayor?
Simison: Councilman Whitlock.
Whitlock: Mr. Wardle, just refresh my memory. I'm looking at a document here from
2020. 1 was not here in 2020. The document says that it is a consistent use. There is
no change in use in 2020. What was there before --just refresh my memory --
Wardle: Before it was the engineering office. MDS had occupied a portion of this
space.
Whitlock: Not the entirety of it.
Wardle: Not the entirety of it, but they occupied that half of it -- a portion of it and they
were in Suite 101 and, then, Vocational Rehab came in and took the remaining portion
of the space.
Whitlock: I guess where I'm -- I'm struggling, Mr. Mayor, follow up, is just -- I can see in
2020 that maybe that wasn't the right decision, that it may have been a change of use or
at least an expansion of the entirety of the space to office use. I can see that and I hear
your argument about all you want is consistency and I'm trying to reconcile in my own
mind is what -- what do you want consistency with? A decision that was probably made
in error in 2020? 1 don't know. Or a decision that changed the use in 2020. Even
though the documentation says there was no change in use. In my mind if only a
portion was being used prior to that for office space and now it's in its entirety, there is a
change of use. So, I'm just trying to reconcile consistency by your definition and my
definition and what we are consistent to.
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Wardle: Well, consistency of -- Mr. -- Mr. Mayor, Councilman Whitlock, consistency here
is that if our goal is to have light industrial space that includes flex space and all of the
other things that are permitted with it, when an applicant comes in and says, hey, you
have some space here that probably doesn't meet the intent of your code and we want
to make it more like this, especially where we are investing in it for ourselves and for our
own personal use -- I mean this isn't a situation where the Ketlinskis have me here
asking you to let them rent to a law firm, this is where the Ketlinskis are going we want
to renovate this -- we want to renovate half this space, we want to keep the other half
for our personal offices and to run that out of it, but, then, we have these other business
uses, which would be permitted with either as a right or with a conditional use permit
that we may do in the future and that's why we are investing in it. It's not just a roll-up
door. It's eliminating office space. It's adding bathrooms so that you can have those
elements. So, when I say consistency -- I guess the other thing, too, is when you drive
into an I-L zoned property in Meridian, Idaho, you should be able to understand what
your code requires and your code clearly is not being enforced when it comes to the
provision of professional, personal and healthcare services throughout your I-L zone
and what's the solution to that? Well, the solution isn't to go throw those businesses,
out the solution is to conform your code to the reality of what this community is doing.
All right. Thank you.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: I think we are at that point where we could probably close the public hearing,
unless there is more questions from my colleagues. If not, I would make a motion that
we close the public hearing on Item No. 3.
Cavener: Second.
Simison: Have a motion and a second to close the public hearing. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and the public hearing is closed.
MOTION CARRIED: ALLAYES.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: Start off with some -- some comments here. I -- there is three words that kind of
I'm thinking about here. Consistency. Predictability. Precedent. I think consistency
from the city is always important. That's why we try to be consistent when we are
looking at an application. At least I know personally myself and I know my colleagues
do as well. If we are following the ordinances of the city, the zoning requirements, being
consistent in how we make decisions is -- is important. I think predictability from the
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community and how they work with us is incredibly important as well. A jump ball, so to
speak, when an application comes forth or use is -- is -- is really a difficult situation to
put anybody in and I know that nobody intends to ever do that, but I think we should be
mindful that some predictability as people work with us is helpful. They look at what the
city code suggests, the uses and, then, they make decisions -- often significant financial
decisions based on some of that. But I also think of the word precedent and
understanding that part of the predictability is looking at how the city has dealt with
some similar situations and what the city has done to try to understand what they could
expect. I think it's unfortunate that we have put our staff maybe in a position that's a
little bit unfortunate. I think that's -- maybe we ought to take a look at some of our -- our
language in code to make sure that we aren't putting our staff in a position that's
unfortunate for them. They are -- knowing them and knowing them well, they are -- they
are always trying to follow the direction that councils today and council previously with
the ordinances we have passed to apply the law fairly. But if we ever put them in a
situation where their judgment is being questioned, I think, you know, we should look at
how we can prevent such situations before and I don't think there is any malice, I think
you actually had that in your slide. There is no malice from staff here. There is maybe
a disagreement in how the law is applied. I think for me when I -- I think if -- you know, if
our lack of consistency is a stumbling block to someone being able to exercise their
private property rights, that's our problem and I think that we need to look at ourselves
and figure out how to -- to -- to make that right. I think that starts with Council to -- to
maybe direct staff to -- to help us be a little bit more consistent in -- in all of this. Under
the current situation I think Councilman Whitlock has a really fantastic question. What --
what do we want to be consistent with? Consistent with a wrong decision that was
made in 2000 or 2001, whenever that was. That's a really great question. I think from
my perspective consistency in predictability about how we have -- this particular
property, how it's been allowed to be used and operated is some -- something where I'm
compelled to say -- I think I would agree with the applicant that the attempt here is really
meant to -- they just want to use the property. I think it's in line with the code. If -- if
code needs to be cleaned up I think we should look at that, but I think the lack of
consistency from the city -- that shouldn't be a problem for the applicant here and I think
that I would -- I am inclined to agree with the applicant's request tonight, but I'm open to
any other thoughts as I'm thinking through this as well. But just some opening thoughts.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Just reading the code, I'm not convinced based on -- on reading through it that
this is meant to be analyzed on a kind of tenant-by-tenant basis. I don't even know that
that makes a lot of sense. So, I think we need to think through this. I think we do need
to clean up our code and take a look at it. But I just think from a practical perspective
there really is not a change in use and, if anything, they appear to be trying to bring the
building into more compliance with what we are asking for. So, just -- you know, maybe
we are getting caught up -- or maybe staff's getting kind of caught up in the
technicalities and they are definitely doing their best. I don't think that they had any bad
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intentions, I just think this is something where, you know, a decision was made
previously on this exact space where clearly office was allowed. I want to be consistent
with it. I personally think we should just say it's not a change in use and -- and that it's
compliant. But I do think that this definitely raises some important issues that we need
to address in our code. That's kind of what I'm thinking right now. I'm open to hearing
other people's thoughts.
Simison: Maybe I will just share thoughts, because that's where this is -- and Caleb's
heard me say this and others in the department that, you know, I'm not a fan as a
general rule personally -- just me personally -- of mixed use meaning you have to put
three different users on the exact same parcel. No different that I'm -- the -- all this flex
space conversation we have I generally haven't been a fan of, because it does create a
lot of ambiguity -- ambiguities or question marks about what truly makes sense on any
given parcel, in any given building and I don't think as a community or staff that we want
to get into the level of work necessary to ensure compliance to a level that would be
above and beyond how this community operates in a lot of ways and, yes, ask
permission versus forgiveness, unfortunately, is not the way you want to see things
operate, but it is what happens unfortunately, you know, when people go in and do
something and, then, they get caught and, then, you try to find a way to -- and I say get
caught -- not because they are even being malicious, but people see a piece of
property, has a bunch of offices in it, you think why can't I put my office in that property?
You know, there is -- there is that side of the equation. But, you know, I'm not putting on
their professional hats of what they are trying to accomplish, but I think it's also, you
know, whether there are arbitrary numbers, whether you are trying to find a way to
enforce a number or does it make sense and so ultimately what I look at it like in a lot of
ways -- especially in these spaces, whether it's a mixed use, whether it's a flex space,
whether -- whatever you want to call it, as a less intense use moves in buyer beware in
a lot of ways from my perspective. You know, if this is industrial and you want to put
something in there that's not industrial, you might have to deal with what's going to
happen around a school facility right across in the -- in the backyard that maybe who
knows what it becomes and those other things, but we also understand that that can
also lead to complaints in the future from tenants who maybe -- maybe they leave, they
move out, someone else moves in and the next tenant is calling code enforcement
trying to get everyone else to comply to what their expectations are. So, it can have
downstream impacts. I'm just saying it's -- these are -- these are not fun conversations
when it comes to -- I don't want to use the word arbitrary, but ultimately we set the
numbers that are arbitrary. Staff is trying to make decisions. There is several different
decision points all the way around in every single land use application no matter how
you look at it, when you look at it, we do our best, they do our best, but what makes
sense? What's the common sense solution in this location? To me it's -- we have a
property owner, a user that wants to move in and utilize the space. That seems to be
common sense if we can get there.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
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June 2,2026
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Taylor: Unless there is any other comments from my colleagues, I will just make a quick
comment. I'm going to make a motion. I agree with a lot of what you just said. I take a
step back and I think it's crazy that we should be that involved in what's going on in
some of these buildings. I mean approving the type of use in the zoning is one thing,
being really involved in -- in a lot of some of these -- what I would consider very
minuscule decision points is -- I don't think that's a place -- that's a great place for us to
be or for staff to be and I think it's something that we should look at holistically as to
what's the right level of involvement from the city in these types of decisions. A bigger
broader question maybe for another day. With that I would make a motion that we
overturn the director's denial of permit CZCU-2026-0002 to allow a professional service
to operate from an existing industrial building in the I-L zone and if -- Bill, if I need to
change that motion in any way would you, please, advise?
Nary: I think that's okay. I think what you are basically wanting is to grant the -- grant
the appeal and issue the CZC I think is on the request for Mr. Wardle.
Taylor: Yes. Yeah. Correct. That's -- that's what I would like to do and I think my
motion captures that.
Cavener: Second.
Simison: Have a motion and a second that I'm not going to repeat. Is there any
discussion on the motion? If not, clerk call the roll.
Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Simison: All ayes. Motion carries and the item is agreed to. Good luck.
MOTION CARRIED: ALL AYES.
ACTION ITEMS
4. 2026 Legislation Impacting Cities
Simison: Okay. Council, are we ready to move on to the next item? Okay. Then with
that we will move on to the new Item 4, which I don't have my last official title, but
legislation impacting the city that was passed by the Idaho state legislature during this
last legislative session. Turn this over to Ms. Kane.
Kane: Good Evening, Mayor and City Council. My name is Emily Kane. I'm a deputy
city attorney in your city attorney's office and I am here to present on some selected bills
that were passed by the 2026 Idaho Legislature. So, they were busy this year, 722 bills
were introduced, 344 were passed and of those I count 56 that impact cities. There
may be more or less depending on the -- the specific application, but that's a general
rough count and I'm going to talk to you about 22 today. I will start with -- I have
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grouped these kind of by department, so I will start with Public Works. House Bill 555
changed Idaho Code Section 39-7424 and said that -- it now says that municipal
landfills must pay an annual fee of 4,000 dollars for DEQ inspection. This was a
function formerly handled by health districts. So, the impact to the City of Meridian is
that our landfill fees may increase. House Bill 721 is -- amends Idaho Code Section 39-
4113. It -- this bill requires municipal public works departments to complete their plan
review of public school buildings within 30 days of submission of the plans to the city.
So, Public Works is prepared to update internal SOPs in their trainings to ensure
compliance.
Simison: And, Council, I assume -- if you have any questions I would stop as we go
along the way instead of waiting until the end. Take them up one by one.
Kane: Okay. House Bill 749 is -- amends Idaho Code Section 50-222, subsection five.
It says that involuntarily annexed property owners can't be required to hook up to city
water and -- and sewer. If city -- it also says that if city construction causes the failure of
a well or septic system, then, the city must pay for any costs that are incurred by the
private property owner to -- to repair those. This is -- this situation I'm not sure has ever
come up and would be rare. But if -- if it does you have been warned. House Bill 561 is
the -- it's kind of known as the flag bill. So, this amends Idaho Code Section 67-
2303(a). The -- the code -- this code requires flags -- all flags that governmental -- or
sorry. This code regulates flags that are flown over city -- over government property.
So, basically, all flags are prohibited except those that are specifically listed in the
statutory exceptions and this bill changes some of those exceptions for the flags that
are allowed to be displayed on city property. This -- this bill also adds a civil penalty.
So, if there is a violation of 2,000 dollars a day and it empowers the Attorney General to
enforce the law. The -- some of the -- some of the exceptions for flags that are allowed
under this bill -- official city flags that were established prior to 2023. So, that our
Meridian City flag was established before that date, so it is allowed. Other countries'
flags in recognition of historic, international and cross-border relations, that's usually the
Basque flag or the Canadian flag. Flags of colleges or universities. And, then, flags,
banners or pennants displayed on city-owned flagpole, streetlights, property -- or
property that are not political, religious or ideological in nature. So, the only flags that
are flown other than the US flag and the City of Meridian flag are the Tree City USA flag,
which was displayed at parks properties and that one's okay. That's not political,
religious or ideological. And, then, the seasonal banners, the Christmas in Meridian or
trunk or treat banners that are downtown or on the islands on Main Street, those are
also allowed. So, this bill does not have a practical effect on the City of Meridian.
Simison: Council Woman Strader.
Strader: This microphone system is driving me crazy. So, help me understand the
seasonal piece. Are you feeling confident that we are in compliance? Because -- like is
there any risk that that could be interpreted as being religious, as opposed to just
seasonal? Like help me with that piece. I just -- I don't have any issue with it at all.
just want to make sure that we are not running the risk of being out of compliance.
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June 2,2026
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What does it mean if -- let's say that we did do that and somebody took issue with it, like
what would happen I guess is my question.
Kane: Uh-huh. Mr. Mayor, Council Woman Strader, the -- the -- if there were to be a
complaint and a violation -- or complaint of a violation, the Attorney General's Office
would investigate that. There would be -- there is a warning, so we would have a
chance to make our own assessment and take kind of -- assess the risk and take them
down if we felt that that was a correct complaint. With regard to our seasonal banners,
the -- there are -- there is -- I am confident that they would all be allowed under this bill.
There is a largely secular aspect of our Christmas celebrations. They are not religious.
So, I'm -- and that has been upheld in other jurisdictions. So, I'm confident that even
those would be upheld and not the subject of a complaint and that our other seasonal
banners are not tied to any religious holidays.
Strader: Okay. Thank you. That's helpful.
Kane: House Bill 583 relates to short-term rentals. So, Airbnb and VRBO. This -- the
City of Meridian doesn't regulate these, so this is just for your awareness. We do get a
lot of questions about them. But local regulations of short-term rentals are allowed only
if that same regulation applies to all single family homes. So, they are really treated as
any other single family home. Cities may not impose licensing permits or registration for
those which we already do not. So, we are already in compliance. House Bill 706
relates to the International Building Code. So, it currently -- the International Building
Code currently requires two stairwells for multi-family buildings. This requirement
predates all of the fire suppression measures that are available, sprinklers, enclosures,
pressurized stairwells, fire rated corridors. The new law does allow one -- so, we would
be -- we would be allowed -- the city would be allowed to do a local amendment of the
building code to have one stairwell in buildings -- buildings that are under six stories,
one thousand square foot per floor, four apartments on each floor. This is really a
measure to facilitate multi-family buildings on in-fill lots, because those are strangely
shaped or smaller, but this would allow a more flexible interpretation of the building code
for a smaller apartment building, as long as it -- it does have those fire suppression
measures, then, that would -- that would address the issue that is also addressed by
having two stairwells and two exits. So, the departments can assess whether that
would be something that would be appropriate for -- for us --
Taylor: Mr. Mayor?
Kane: -- for the city.
Simison: Councilman Taylor.
Taylor: A quick question. So, this is something that cities can opt into doing is -- as a --
an amendment to our own building code or is this -- it's -- it's by locale. It's not a
statewide building code decision; right? Like it's -- if the City of Meridian wanted to opt
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in we could, we would just have to make some changes, but it's not mandated or
required?
Kane: Mr. Mayor, Council Member -- yes. So, this would -- this authorizes us to amend
-- to do a local amendment of the International Building Code. So, the IBC that's
currently in effect does require two stairwells, but we could change that. Okay. House
Bill 895 relates to data centers. It states that they may not use water for cooling, unless
that is supplied by a municipal system. So, UDC updates may be necessary. The
Community Development and Public Works are assessing that. House Bill 585 relates
to electrical plumbing and mechanical inspections. It says that those must occur within
48 business hours and if they don't the permit holder may hire a third-party inspector
and the city would have to refund the inspection portion of the permit fee, as well as
explain the delay or refund ten percent of the fee. So, this is -- the building division will
update their RFPs, their contracts, their training, but this is something that we are
already compliant with. So, we don't foresee an issue with complying with this. House
Bill 800 allows -- well, the state code currently requires that manufactured homes be a
minimum of one thousand square feet. But under the -- under this new law they can be
smaller. The UDC does not currently regulate square footage of manufactured homes,
but this -- this law changes minimum dimensions from -- it allows them to be at least
400 square foot for single and 800 square feet for double or multi-dwelling. It also
changes the law to state that the city must allow multi-dwelling manufactured homes.
So, right now the state code does say that manufactured homes have to be allowed
everywhere where a site built residence -- residence is allowed. So, now that is also
extended to multi-family. So, manufactured buildings have to be allowed within the city
for multi-dwelling -- or for multi-family. Under the -- under the new code those homes
must be allowed -- well, in zones that are -- in areas that are zoned for multi-family. So,
the Community Development Department is preparing some UDC updates that would --
that would accommodate the manufactured homes in multi-family, as well as single
family zones. House Bill 1352 addresses starter home subdivisions. So, this is a new
single family home development on four or more acres. The City of Meridian does not
have a separate category called starter home subdivisions, we just have subdivisions,
so under this law the city would have to -- well, so by February 1 st we must amend the
UDC to delete minimum lot sizes that are larger than 1,500 feet for starter home
subdivisions or for subdivisions. So, this means that the city must allow 1 ,500 square
foot lots in all residential districts. We will have to delete any front and rear setbacks
that are more than 15 feet, so that will affect the city. Our front setbacks are currently
set at 20 feet. We also need to deal with side setbacks, front widths, lot -- lot depths.
We need to allow 12 units per acre of density. So, this law really just dictates what the
comp plan and the land use code must say with regard to these standards. So -- so,
Community Development is preparing updates to the UDC that would accommodate the
requirements of this bill as well. This wouldn't change --
Taylor: Mr. Mayor?
Kane: -- building code, fire code, water and sewer standards or anything like that. It's
just the dimensional standards that need to be updated.
Meridian City Council
June 2,2026
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Simison: Councilman Taylor.
Taylor: Emily, could you clarify -- because I saw on the previous slide it said cities
cannot ban starter home subdivisions which we don't have. So, then, we have to apply
that to all our subdivisions, if I'm understanding it correctly. Could we create starter
home subdivisions and, then, have those requirements only apply to those subdivisions
and not have it apply broadly to all of our subdivisions?
Kane: That is a good question.
Taylor: And it might take a finer reading of the law on that, because I think the intention
was that legislatively they wanted to encourage starter home subdivisions and that we
couldn't ban them, but I think applying this across all of our land use in residential use
seems like it's a problem, but if we created a starter home subdivision as an option,
then, that would be a way for these things to be applied in the city, but maybe not
perhaps applied broadly. That's a thought.
Kane: Okay. Thank you. Mr. Mayor, Council Member, I might need to defer to Caleb.
Hood: Yeah. Mr. Mayor, Councilman Taylor, Council Members, that is essentially our
approach, although the statute does require the city to consider, allow, approve them in
any residential district. So, we are adding a definition of starter home subdivision. We
have to allow them in R-2 and R-4 and R-8 and R-15 and R-40. So, 12 dwelling units
per acre in R-2. It could happen. Only if your four acres or more and the lot size is
1,500 square foot or less. So, there are some qualifications. It's essentially what you
said, but that's our approach and, then, we also have to amend the comp plan to talk
about that and starter home subdivisions being allowed, because you got a conflict
there with our comp plan, says low density residential -- well, not if it's a starter home
subdivision anymore. So, there is a companion to the UDC changes we are working on.
The comp plan changes will be coming as well.
Taylor: Mr. Mayor, just --
Simison: Councilman Taylor.
Taylor: So, we will be adding -- we need to add this to our code, starter home
subdivisions, but if a land use application comes in -- if they don't want a starter home
subdivision as part of their application, then, the rest of it wouldn't apply to the rest --
you know.
Hood: I think I'm -- I'm tracking, so let me try again. So, this is an allowance not a
requirement.
Taylor: Okay.
Meridian City Council
June 2,2026
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Hood: Starter home subdivision in any residential zoning district throughout the city
going forward after it changes. It doesn't mean you have to do this, it means if you meet
those qualifications per the state statute we have to process you and consider that and
allow it. So, we are not -- we are making the allowance. We are not -- we are not going
to the lowest common denominator for every site and everywhere and saying, hey,
zoning doesn't matter anymore, although it kind of doesn't with these changes. You can
do this wherever. But we are not necessarily telling you you have to, if that makes
sense.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: All right. So, if it must be allowed in any residential district, what this means is
-- I just want to make sure from my understanding. So, anyone that meets the
requirements of a starter home subdivision, we have no discretion at that point based
on setbacks or based on lot size, but does it change our discretion around other
annexation considerations? Like do other considerations still become applicable?
Hood: So, Mr. Mayor, Council Woman Strader, two other attorneys here, but I will start it
anyways. So, yes, I think the annexation is a different discussion. You have to get
there first. So, if -- if you don't think it's in the best interest of the community to annex
the property, but you will have some properties that are already zoned these things and
then -- and I will even just say there are some sort of outs within the statute. For
example -- and I don't know -- at four acres you are probably not going to get there, but
if it's 400 acres of 1,500 square foot lots and we have got an eight inch sewer line, we
can go wait, wait, wait, we can't service that, because we never planned to service three
times the density that our infrastructure can handle. So, there are some small sort of
caveats to the thou shalt allow or approve. There is still some discretion you all will
have in that. But it -- it is pretty narrow.
Simison: Is there anything, though, to prevent an annexation for a typical subdivision
and then -- then to modify it once you are annexed?
Hood: So, Mr. Mayor, I guess to answer that question, typically 99 percent of the time
we have a development agreement and we are going to tie it to a concept plan. So, you
can't do the bait and switch of, oh, we will annex it as R-2 and, then, come in later with a
-- so most of the time we have a development agreement, a contract that runs with the
land, so you could still do that if you modified the DA and went through that process, but
it's --
Simison: So, talking to the attorneys, then, would the DA protect that over the state law
that says you have to allow it if they are annexed?
Nary: Mr. Mayor, Members of Council, until a court tells us different I would say the
contract does apply. It would not be preempted unless the state code either changed
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and said it preempts all of them, which the state legislature has done before, but it
hasn't here or otherwise a court says that that contract is preempted by right, which I
have not seen that before, so --
Simison: Okay. Thank you.
Miles: Mr. Mayor?
Simison: Mr. Miles.
Miles: I just wanted to add -- flexibility and insight. I think in all of the housing bill
conversations I know there is going to be a lot of questions. We are happy to answer
them as best we can tonight. We do anticipate coming back to you with
recommendations of an approach. So, I wanted to share that with you. We have been
talking about these at length already. There is still significant questions I think a little bit
to the questioning I have heard recently. The cities still have the right to even deny
applications like this for infrastructure. There is no definition of what infrastructure is.
So, that could -- in my mind could that mean roads? Could that mean schools? Could
that mean all the other infrastructure? So, those are the types of things we are
navigating and trying to get you information when we plan to bring back a full depth
conversation on these specific topics. Hopefully that helps a little bit more.
Kane: Okay. Keep going. So, House Bill 1354 is related to accessory dwelling units.
So, cities may not ban accessory dwelling units in residential zones or impose
restrictions that are more restrictive than exist for single family homes. This bill defines
accessory dwelling units and does clarify that motorhomes, campers, RVs, tiny homes
on wheels cannot be used as ADUs. Building codes, fire codes, water and sewer
regulations, easements, setbacks, those all still apply. Again more comp plan and UDC
amendments are required by February. One detached ADU is allowed in the rear yard
of any residence. We must remove off-street parking requirements for ADUs. The law
does list a number of exceptional circumstances where that would not be required, but
none of them appear to apply to the City of Meridian. We are still looking into that. The
-- we need to remove any greater impact or connection fees that we would have for
ADUs. Remove size and height restrictions. If they are less than one thousand square
feet, which ours are, the UDC currently limits ADUs to 900 square feet. Planning will
probably recommend a code revision that says ADUs may be up to one thousand
square feet or 75 percent of the size of the primary dwelling, whichever is greater. We
do not -- we no longer have owner-occupancy requirements, but those are no longer
allowed. We have to approve ADUs as a matter of right. There can be no discretionary
consideration and we must remove any standards or procedures that discourage ADUs.
So, again, Community Development is preparing updates to -- that would accommodate
this -- these requirements.
Whitlock: Mr. Mayor?
Simison: Councilman Whitlock.
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June 2,2026
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Whitlock: Just for future reference, I think that was a Senate Bill 1354.
Kane: You are right. Thank you. My mistake.
Little Roberts: Mr. Mayor?
Simison: Council Woman Little Roberts.
Little Roberts: Mr. Mayor and Emily -- first of all thank you for all of this and I think I
know the answer to this question, but for all of the HOAs that have banned ADUs, that
clears their right to ban them, doesn't it?
Kane: Mr. Mayor, Council Member Little Roberts, that's a good question. The -- so,
don't recall exactly -- there is a separate -- there is a separate law regarding HOAs and
there is a date at which they -- I believe there is a cut. So, starting now HOAs really
can't do anything about ADUs, but I believe that if it predates a certain date, CC&Rs can
ban ADUs. So, it's, essentially, a contract. But the enforceability of it will get very tricky
I think, especially with this -- when this bill goes into effect in July. So, HOAs have lost a
lot of power in -- in this area in particular. So, I think we will see more ADUs. This does
really take away a lot of that and in concert with the other laws on the books for HOA,
does really take away a lot of that -- the regulations for ADUs.
Little Roberts: Thank you.
Kane: Okay. House Bill 500 relates to electric assisted bicycles or e-bikes. There was
a magistrate case where the court found that e-bikes were not human powered vehicles
and as a result there was a citation against the driver who hit an e-bike and that citation
was dismissed. So, this closes the loophole. It just says that rules of the road for bikes
-- bicycles -- regular bicycles also apply to e-bikes. This was the only e-bike bill that
passed. So, police training will incorporate this information and that's -- that's the
change that we will see, although it was a pretty obscure loophole, so I think it will not
change what we are -- what we are seeing.
Simison: And just for clarification, this is e-bikes, not e-motorcycles.
Kane: Correct. Correct. House Bill 533 removed the registration sticker requirement.
So, those are going to go extinct. Only valid license plate and registration will be
required. House Bill 752 is the bathroom bill. It is now a misdemeanor to enter a
restroom that is designed for use by the opposite biological sex. There are a number of
exceptions, including custodial, medical, detainees at the jail. If there is an emergency
-- a state of emergency that's been declared. It's a coaching scenario in a sports
context, helping dependent children or if there is only a single user restroom that's
reasonably available and, finally, when the user is in dire need, this -- they can -- they
can enter a restroom designated for use by the opposite sex. So, training will
incorporate information about this. House Bill 1326 is a -- so, this is already in effect.
This went into effect March 31st. It prohibits government agents from entering private
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land that's not open to the public without a valid search warrant or exigent
circumstances or consent of the property owner. There are exceptions for county
noxious weed abatement, but not for city nuisance weed abatement. There are a
number of exceptions and none of them apply to nuisance abatement. So, we have
already successfully obtained one search warrant to abate weeds on private property.
So, we figured out how to do that and that's what we are doing moving forward. It's -- it
-- it turned out to be pretty okay. It was pretty easy. So, I think it just adds a day or two
to the process. House Bill 642 provides surviving spouse or dependents with PERCI
benefits in the event of a catastrophic injury that results in the death of a police officer or
a firefighter and under this law the employer must pay the first 100,000 dollars of the
benefit. So, hopefully we never have to experience this, but this is just for your
awareness. House Bill 686 makes it lawful for a government agency to employ relatives
of elected officials only if the employee held the position prior to the election of that
official. So, we will need to update our SOPs related -- relating to nepotism. The city
code is already in compliance with -- with this bill. House Bill 1261 extends to elected
officials, the benefit where a retired PERCI recipient can keep receiving PERCI benefits
without accruing additional service credit and without having to make contributions to
PERCI, either the employee or the employer. House Bill 894 says that nobody
attending a public meeting can be prevented from recording the meeting. City council
could take measures to ensure the orderly conduct of their meetings, but not in a way
that would exclude people who are recording. This does not apply to executive
sessions. So, that doesn't extend the right to record to executive sessions. I would
recommend updates to your meeting rules to accommodate this. It's -- you are already
in compliance. No one's stopping recording. But it would be helpful I think to have a
written rule for -- to state that this is allowed. House Bill 1376 changes the way that the
city clerk's office handles declarations of candidacy. Those are now filed with the city
clerk. The city clerk does have a new job, which is to review and certify the candidate's
eligibility when the -- within 48 hours of the county clerk's notice of the final list. The city
clerk is also to provide to the county clerk a map of the city council districts by January 1
of -- of every election year. So, this just is a new role. Instead of being the primary
office that processes the declarations of candidacy, the City Clerk will only verify the
declaration of candidacy. House Bill 967 relates to the state liquor account and
redistributes the -- the -- the money in that account. I won't read to you the whole
formula, but the portion that was allocated to the cities is -- goes down. So, the -- the
county's portion for magistrate courts goes up and the impact to the city is that the funds
available to it from the state liquor account will decrease. House Bill 1350 is
contemplating the extinction of the penny, so it will allow sellers to round to the nearest
five cents in case -- if there is a penny shortage, so for us it provides that the rounding
difference is not a fee, so it -- it does say by state agencies specifically, so that's an
interesting gap for cities, but I would say that that indicates that it's not a fee for us
either. So, Finance is aware of this and they will advise -- advise all of our points of sale
and look into an SOP. That is it. Are there any questions about these or any other bills?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
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Strader: I don't have a question. I have a comment. I have been really vocal about it,
but, you know, where your showed out of 344 pieces of legislation that went through, 56
are directly impacting cities. That's 16 percent. It's just a huge focus of the legislature
on the last couple of years. It seems to be accelerating and I just want to say I -- I don't
appreciate the level of micromanagement, especially on land use items. I think it's
inappropriate. We have plenty of opportunities for officials and citizens to serve on our
commissions, on our -- you know, certainly on our planning commission. We have
plenty of opportunities for them to weigh in on a number of opportunities and it just -- it
feels like that -- and I -- this may not be the intention -- I'm sure it's not the intention of
individual legislators, but when you look at it as a whole it's hard to come away from this
without getting the impression that they are trying to punish cities or hurt cities in some
ways. That is the impression I'm getting and I just want to flag that, like I'm -- I'm pretty
offended by the -- the level of micromanagement coming from the legislature and I think
that the answer is more dialogue and more interaction and helping our legislators
understand, you know, what it's like when you are in local government and the
challenges that we face and how we do try to balance everyone's interests. Just as one
example, you know, it didn't -- didn't go through, but there have been bills about just
abolishing HOAs on a wholesale basis. Like some of these things I think would -- would
incense the citizens of Meridian and when we are forced to make decisions by the
legislature, I intend to let our citizens know where to bring their complaints to. We have
land use decisions all the time where we regularly get, you know, 50 to 100 people that
show up that are upset and if we start having to make decisions and our hands are tied,
I'm just going to tell those folks where to direct their complaints to.
Simison: I think you will appreciate some of my speech tomorrow.
Strader: Looking forward to it, Mr. Mayor.
Simison: Okay. Any additional questions, comments?
Whitlock: Mr. Mayor?
Simison: Councilman Whitlock.
Whitlock: Emily, thanks for the trip down memory lane for a couple of us that lived this.
A little bit of PTSD tonight for me. But I agree with Council Woman Strader. I think -- I
think there has been significant overreach and it's going to be taxing on our agents --
our departments to implement all of this and when decisions are made and people are
angry and our hands are tied, I think we do have to point back to where -- where this is
all emanating from. So, thanks for highlighting all of it for us and a lot of work ahead.
Simison: Okay. Thank you very much.
Kane: Thank you.
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Simison: Council, we will take a five minute break before we go into the last item real
quick, just to take care of any business you have and, then, we will get going in five
minutes.
(Recess: 7:58 p.m. to 8:03 p.m.)
5. Addition of Prosecution Services to the Meridian City Attorney's
Office
Simison: All right. Council, we will go ahead and come back from our recess. So, we
will move on to Item 5, which is addition of prosecution services to the Meridian City
Attorney's Office and I will turn this over to Mr. Nary for what I'm sure will be a team
presentation discussion.
Nary: Yes. Thank you, Mr. Mayor, Members of Council. Yeah, with our team Emily
Kane and Tishra Murray are here as well from our team. They -- all of us together --
them primarily have done a lot of the work since the levy election last fall and meeting
with the county, meeting with other stakeholders, meeting with the courts to put this
together -- to put together this presentation for you as to what's needed and it's kind of a
two part process. I mean this is a budget amendment that's in front of you tonight for
review. It's not up here yet. That's okay. But there is a budget amendment in front of
you tonight for this fiscal year to get this process started and, then, you will have
continued discussions at the budget hearings starting in a few weeks for the continuing
process for this to go forward into the next fiscal year and beyond, but -- okay. So, a
little bit of history. And I only went back to 1985, because that's as far back as I go.
They have been doing prosecution for the city through a contracted prosecutor even
before 1985, but that's as far back as I go. They had a private firm, a local law firm that
did the city attorney work, both civil and criminal, and we did the prosecution work up
until 2002. So, in 2002 there was a lot of discussion with the city in wanting a different
model. They didn't like the private firm model. The private firm model had been
inconsistent. They had some people that were really good and really engaged and
really connected with the police force and they did a really good job and, then, we had
other prosecutors over the years that weren't quite as connected, weren't quite as
engaged in the prosecution process and so the department wasn't very happy and so
they asked the city council at the time to look at some other model and we put that out
to bid and had a contract with the City of Boise we have had since 2002 and it's been
very successful and we have had good luck with them. The cost has been very
manageable over the years. It's grown obviously. I think it started back in 2002 at
about 150,000 dollars. It's now about 850,000 dollars. But it's been a pretty successful
run with the city of Boise. Now, the desire is to move those services in-house and to
move them from a contracted service to an in-house service that would be managed by
our office and so this is a compilation of a lot of time and effort and work that's gone into
it to bring to you what this is going to take to do this effectively, to do this as efficiently
as we can and so we can get right into it now. This is what prosecutors do every single
day and I highlighted a few, because some of those are what I would call the lift that is a
daily thing. Attending court hearings, witness -- coordinating with witnesses, negotiating
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with defense attorneys, obtaining warrants, evaluation and screening of cases.
Discovery and disclosure. That is a grind, that is a lot of effort, both by support staff, as
well as prosecutors to put that out. There are time limits that are required. There are
rights that are attached to those things. They have to be done timely. They have to be
done quickly and they have to be done thoroughly and it is done daily. It is not
something that can be done when you can. It has to be done all the time. There are
other things -- again, there is a lot of things on this list. I only highlighted those because
those are what I think of as the daily grind of a prosecutor, but all of these things come
into play on a daily basis and, again, if you look at number one, a ten court hearing --
court hearings. Those are five days a week. There are ten to 11 courtrooms. The City
of Meridian -- there are two things -- and we will get a slide a little bit later. There are
two things that go on and -- that you have to consider when you are looking at
prosecution. You are looking at coverage. So, you have a number of courtrooms with
varieties of hearings that go from 8:30 in the morning to 3:00 to 4:00 in the afternoon,
depending on what it is and there are a variety of different types of settings.
Sentencings. Trials. Court trials. Pretrial. Arraignments. There is a lot of different
types of court things that all require a prosecutor to be in attendance for and, again,
there is ten or 11 of them that are going on any given day. Some days may be lighter,
but, generally, they are somewhere between seven and ten every single day that has to
be covered. There are different hearings that have to be covered. Then the secondary
piece of that is the volume. Now the way it has worked with our contract is we don't
have to deal with either one of those things. The City of Boise does our contract
currently, as all of you know, and they cover all the courtrooms anyway and they were
already there and they have a number of cases and their volume is higher than
Meridian's, so they may be there for ten cases that are theirs and five cases that are
ours. Now, because we are going to be doing it we need to be there for those five
cases that are ours, whether they are the first one or the last one, we have to be there
for all of them in every courtroom all day as needed when the court is calling the case
up. So, we have to be available for the coverage and the volume and, again, the other
things all are just part of the process of prosecution. So, adequate staffing. Again,
attorneys -- we need attorneys to attend all the hearings. There is at least one person
that needs to be in the courtroom. There is enough -- non-court time, that's the other
stuff on that list that takes time. Preparing cases. Talking to witnesses. Reviewing
police reports. Reviewing evidence. Doing all of that back room work to get prepared
to be in court. Again, think of it like Law and Order. You only see the front end. They
don't show you the grind. They don't show you people sitting in the library. They don't
show you people writing briefs. They don't show you people making phone calls. They
don't do any of that. You see the courtroom stuff. Well, all of that requires a lot of effort
to get to that. So, they need time to do that and that's, again, the responsibility of all the
attorneys that we are talking about. They have to have enough attorneys for both the
court time and non-court time. They have to have support staff to help support that and
be able to prepare all that discovery and evidence and -- and all the evidence -- or the
things that are required to be filed for discovery with defense attorneys and the court to
meet those timelines and requirements and, again, we also have attorneys and non-
court time to supervise, evaluate, if once we eventually can have interns or externs as
part of this team, we need people to supervise this group. You know, we are talking,
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again, a fairly large group of people. Boise City has 17 attorneys and 15 support staff to
meet all those courtroom requirements and their volume. Ada county -- their
misdemeanor unit has ten and a half attorneys and ten support staff. Both of these
departments, especially Ada county, have more attorneys than that that do criminal
work. So, they have other attorneys in their felony criminal work, but they don't --
generally are only going to do this stuff, but they have ten and a half attorneys, plus the
support staff and, again, Boise City has 17 attorneys to cover that because of the
volume. So, anticipate increased case volume, prosecution transitions to in-house,
because as all of you could imagine there are things that we don't know, as much as
due diligence as we have done, as much effort as we have done to get us to here, there
is things that are probably going to come up that we haven't determined yet or that other
people that -- even though we have talked to Ada county and we have talked to Boise
City and we have talked to the court and we have talked to the court administration,
there will likely be things that will come up and they are like, oh, didn't you guys know
you are supposed to do this, too. And we will learn that. But we know we are going to
have increased volume, because, again, as our population increases, our department
increases, we are going to have more cases. That's just the nature of the beast. This
entire, you know, county and valley is going to increase over the next five or ten years.
So, the likelihood of this going up and increasing is only going to go up even more.
Staffing challenges can create situations that threaten licensures. Attorneys are bound
by rules of professional conduct. One of the biggest concerns of our team is making
sure we have the appropriate amount of staffing to cover all of these needs, because,
again, people get sick, people are gone, people are on vacation, people leave and we
have to transition. We have more people that have to come on. And all of those
deadlines have to be met and so we tried to put together a plan to try to address that as
best we can, but it's kind of phased. I mean we anticipated needing to grow over the
next few years and this is really to open the door and that's what we are looking at
today. We are looking at what do we need to get this up and moving in an expeditious
way as best we can with the anticipation that it's going to need to grow over a very short
window of time, so that we don't run into these issues of concern that can be for the
attorneys that they are not meeting the court's requirements, not meeting the deadlines
that are necessary and not meeting the requirements of compliance that are necessary.
So, staffing for court hearings. Again, an attorney is going to have to go to court --
attorneys are going to court every single day. They are -- it's unlikely of the prosecution
team we are going to have to start that those folks aren't going to go to court every
single day and they are going to have multiple courtrooms on days that they will have to
cover because of that. So, regardless of the case volume the prosecutor's office must
be there for all their hearings. Judges have told us as they get busy that they
understand that there are going to be challenges on us being in every courtroom and
every minute of the -- of the day. I'm going to accept them saying that. My experience
and my colleagues behind me would tell you -- they may tell you that they don't always
act like that. Sometimes they get a little testy when you are not there and so they do
expect us to be there. So, again, here before 20 -- November 2025 the city cases were
before five judges and the county had five judges. So, they had a set up calendar that
was divided between city and county. Now, again, they were predominantly dealing with
Boise and Ada county and that Boise had all of our cases and Ada county has all of their
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own cases. Now after November they decided that system they didn't like for a variety
of reasons and now they divided it up under ten courtrooms and sometimes there is 11,
because we have an out-of-county magistrate that hears some cases, so now we went
from five to ten for everybody. So, instead of five for cities and five for county, it's ten for
everybody. So, you can have a courtroom that has Ada county and Meridian cases and
Boise City cases all mixed in with the court calendar. So, that was a choice by the court
after our election, after we met with them in November, they told -- all they told us was,
oh, the court calendar is going to change, but it will be fine. And what we found is we
went from five to ten. So, now trying to cover all of them, because they are all
happening around the same time -- now, again, we may not have something in every
courtroom every single day, but I can't guarantee that. I have to presume most days we
are going to have something in every courtroom. So, here is a -- here is an example.
And so here is an example back in -- so, August of '24. This would have been an
average day or an average week -- or, excuse me, an average day of a calendar for a
week of when we would have something for Meridian. So, you would have -- again,
these are all judges' names at the top of these columns. So, although there is 13
across the top, you can see on a given day on this one day there were some things in
one courtroom at 8:30 and one other thing in that same courtroom at 1:30. Had jury
trials which could happen or not. Those kind of depend. Those take most of the
morning to -- to resolve and sometimes they are resolved, sometimes they don't. If you
have a trial that goes that's all day. That's going to be there the whole time. It could
even go to another day. Most days it's done in one day. Pretrial conferences. There
was only six, but those could go from 8:30 in the morning until noon. So, they could tie
you up most of the day depending on those. But you can see it's a fairly small amount
of cases related to Meridian back in '24 and here is the same court calendar. Here is
other cases other days. This is Tuesday of the same week showing, again, how it kind
of spreads out and that's kind of what we were basing management from. That had
been the system -- how long had that been in place, Emily? Did they say?
Simison: You got to get on the record.
Nary: Okay. So -- okay. So, it had been in place for a number of years before they
decided to change to this back in November. Again here is another day. This is
Wednesday again you can see it's a little bit busier now. You are got jury trials. There
is jury trials calendared almost every single day. Arraignments are every day. All of
these things are every day and, again, I believe the numbers next to them are the
number of cases that were Meridian's at that time. Here is Thursday of that week. Here
is Friday of that week. Okay. This is now December of '25. This is an average day.
This is a Monday. This is Meridian's caseload for that day. So, we went from three or
four courtrooms to almost every courtroom on that one day in December. This is just an
average day and you have got arraignments. You have got pretrial. You have got PC.
You have got jury trials. You have got pretrial settings. You have got arraignments. I
mean everything you can have morning and afternoon. Those things can tie you up all
day or they can tie you up a few hours. It depends. Again you may only have one case
in there -- there is no way to make judges choose -- they have a court calendar set for
them through their system. So, you could be the fifth, the first case, you could be the
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tenth case. The judges aren't going to shuffle them around for us. So, you get what
you get. You have to wait for your turn just like everybody else. Here again here is that
same week. Here is Tuesday. Here is Wednesday. Here is Thursday. Here is Friday.
So, that's the -- that's the challenge we have been working through these last few
months to try to figure out how to make this happen so we can get this done. Again
back to my earlier comment. We dealt with case volume and courtroom coverage was
fairly level and because of the way the system was designed it was a fairly even system
in trying to do that. Now it's like that. And, again, the case volume is only going to go
up as we get bigger. But the courtroom coverage got expanded by the court. That's the
way they chose to do it. So, here is what we are looking at today and what we are
looking at the future. So right now the right-hand side of this picture, the stuff that's in
teal and the bright green, is currently the way our office is situated today with our civil
division. This is what we are looking at on the criminal side. We have got seven
attorneys and three support staff to manage all of those cases. We have got six
prosecutors, total of seven. One of them is going to be the chief deputy or the manager
of that, but that person is going to be going to court because we need the coverage.
We need them to also be going to court and being a working supervisor as well and,
then, again, all -- all of the support staff, although we have a supervisor, they are all
going to be working on that process that's required to meet compliance of discovery.
Here is what we look at in the future as we grow. We are looking at shifting around our
civil a little bit and looking for the long term and creating a chief in our civil side as well
and trying to create a little bit more structure of the group and also with our risk
management. I'm looking for the long term and moving risk management so it's not -- a
necessarily an attorney function, but a legal department function with a risk manager.
So, that's kind of the intention is to kind of segue into that in the future. Hopefully in the
next fiscal year in FY-28 if we can make that happen. Some of that's going to be driven
by workload and some of that's going to be living by cost. And here we are in '29.
Again this is adding more prosecutors, adding more civil division paralegals, so that the
risk manager can focus on the risk management responsibilities and not all the
paralegal stuff on top of that as well and, then, again, trying to keep up with the
caseload requirement and also dealing with sick and vacation and absences and
everything else that goes on with a daily -- daily things. Things in the civil division
oftentimes can wait or the other folks can pick up that slack when somebody's gone.
On the criminal side it is very difficult to do as you can tell when you have to be in
multiple courtrooms somebody being gone is a pretty tough one to have to backfill for.
So, that's going to be the challenge that we are already facing. Again FY-30. Again we
are looking at adding another police attorney. Again the police department is only
getting bigger and the area of law is becoming more and more complex and we are
likely to need more prosecutors and support staff to meet that demand. So, we are
trying to anticipate and at least give you a snapshot for you today, as well as future
councils, where we intend to see this going over time. We looked at office space and
trying to figure out where we could go and how we would make this work with, you
know, the physical spaces we already have or whether we look outside the city and we
looked internally and we can make the human resources current department work for
this team. There is some change and there is some office remodel that has to be done.
Most of it is not moving walls or adding doors or adding more expensive types of
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remodel and TI work, it's more of adding cubicle walls and some furniture and things like
that. There is a few locks that have to be adjusted. There is some few things that have
to be done for security, but most of it is things that are kind of practical and affordable
and the physical space is big enough to be able to have this many people in it. Partly
because many of these prosecutors are not going to be physically here all the time,
because they are going to be at court and they are going to have to go to court more
often, but they are going to have a physical workspace here, so that they can work in
the office when they can -- when they have the time, so that they have a space to work
here, as well as working from their laptop, working from the courthouse, working
remotely and, unfortunately, working in evenings at times for this as well. So, timeline.
Again, we have a budget amendment before you tonight. That budget amendment is
for the rest of this fiscal year. That gets us started. That's buying the software that's
needed to get that going. Get that implemented. That's to get the office space started
and getting that redone and the furniture bought and all the things that are needed to
get that physically done and also to begin some hiring. We need a hiring portion of the
staff. Probably going to be hiring the two main people, the main admin support or the
main admin person and the main prosecutor to get this team up and running as quickly
as we can and that's looking at them towards the end of this fiscal year before the
beginning of the next budget year and, then, hiring the remainder of those that will be in
your budget discussion in a few weeks where those are going to be coming from. So,
again, HR opens, we are going to be looking at hiring, we have got training and
certification to do, we have got to work with the court to prepare for that transition and,
then, again, it's getting the prosecutors and staff on board, get all of their training done.
Again, part of this -- what's the challenge we have is I don't know what the marketplace
looks like today. I don't know what the hiring market looks like. Because we don't have
a existing staff, we don't have people that already have existing experience with us, so
we are looking for people with experience to begin this team with, because, to be
honest, I don't have the bandwidth of a staff to simply hire eight people who just got out
of law school last week. That's not going to work. We need people that have
experience. I don't know what that market looks like, but that's what we are looking for
is that because we need -- you have to remember all of these folks have to support
themselves. Because, again, I don't have 15 people like -- like Boise City does. I don't
have 50 attorneys like Ada county does, even though ten -- only ten and a half are their
misdemeanor staff, they have 50 attorneys there. We don't. So, I don't have the depth
of that to look for people who don't have experience. So, we are going to be looking for
that. Again, Trace would move over from Boise City and, then, our desire is to have this
up and running by January, so it's incredibly ambitious. It is as warp speed as I can -- I
can come up with and that's the best I think we can do and, again, that is totally
dependent on the market and hiring and what that looks like out there. I know it's been
a challenge for other agencies out there in our community and hiring attorneys. So,
don't know what that's going to look like. I don't know how difficult that's going to be.
This is a -- this is certainly our desire and direction we would like to go. So, here is the
budget. Okay? This is the cost of personnel, the ongoing costs, the one-time costs and
the total that's going to be in FY-27 budget. So, this budget is for -- the budget
amendment request is for the eight weeks of wages, two months of legal support
services and, then, the office updates, computers, phones, software all of that. That's
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where that 271 . But the ongoing costs that you are going to see in a few weeks is two
million. Questions? Did I miss anything?
Simison: Thank you, Mr. Nary. Council, I'm just going to start. I think one of the things
that we learned through this was there is a lot of frustration post-levy in conversations
with the court and I'm going to be the first to say I don't necessarily agree with
everything that you saw in this presentation today. I think there is stuff we know and I
think there is stuff we don't know. I think there is a lot of assumptions through this how
many -- how many staff we will need or won't need in coming years. I can say that three
of us in this room had a conversation with the current chief administrative judge and I
think -- I got a different impression from that takeaway and I think that we have had
conversations with the Ada county prosecutors about are there better ways to do the
court system to keep costs in line to make it easier. I don't know where those
conversations will go. I will say they are not done. They are going to continue to
happen and I think that there is also collaboration that can exist with our partners in
Boise and Ada county moving forward. So, I'm not committed to this, but I want -- I want
you to be aware of at least what they are saying from their perspective on this. But I
think there is to be determined in the future on what we actually end up at, but I think
what you saw was in my mind a very worst case scenario, not a likely outcome. That's
my two cents. But I wasn't going to prevent them from sharing this information.
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: Kind of tag along on your comments. I was present in the meetings with the
court administrator and Ada county with the mayor and we talked about where we are
looking at going versus this change to the court calendar. They didn't know -- or stated
they didn't know that we were looking at changing how we do business. So, what they
were looking at -- and I'm going to try to be as non-specific, but specific at the same
time. The Ada County Prosecutor's office and the Boise City Prosecutor's Office have
very different ways that court cases are handled. The court administrator was trying to
solve a problem between one agency who wasn't dealing on any cases. You get a case
you are going to court and another one that was trying its best to wheel and deal those
cases, because they had a large number. The assumption by the court was that we
were going to continue as always to be part of that big bucket. When we explained that
what we were really looking at was to become more like how Ada county operates, that
kind of threw their whole thought process into array and the idea of this meeting was to
have them reconsider the request to spread us out over this many courts and to start to
bring us back where maybe Meridian can have fewer courts and Ada county can have
fewer courts, because who they are going to need to spread out is probably going to be
the city of Boise, because they are trying to spread out the workload. No promises were
made. It was a very good meeting. I think it was productive. I think we got all the right
people at the table to explain what we are doing being very clear about what our
intentions were as a city to prosecute our cases going forward. What the whole reason
we did our levy, but -- but understand this, we were sitting at the table with Ada county,
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because the city of Boise, Ada county, who also represents Garden City and who also
represents Kuna and Star and Eagle, they are all at the table having the same concerns
that we are. We were not the only one. Everybody was having concerns over this new
calendar and stretching their resources thin. So, it wasn't just one agency in Meridian
saying, oh, my gosh, what are we going to do. It was all of them. Boise had actually
met with them before we did. I don't know how that meeting went. We were just told
they had a meeting, because they were concerned about being spread too thin. So, the
goal is is to work directly with our partners and the other prosecution agencies in this
valley to try to come together with a new version of how that trial court calendar is going
to be that will work better with where we are going to be with our philosophy, where Ada
county is with their philosophy and where Boise City will continue to be with theirs. I'm
not saying it's not going to be a challenge. We knew going into this it's going to be a
challenge. I just think they don't want us to fail, they want to make sure everyone can
succeed.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: Bill, did -- and maybe if you were in the meeting, too, I'm not sure if the courts
had suggested a minimum amount of staffing level to adequately cover the courtrooms
with the new changes. Was there ever a suggestion for them to say seven is right, ten
is right? Because I see the numbers starting at seven in fiscal year '27 and, then, each
year we are adding, adding, adding. I know the casework will go up, but as it's
presented in this presentation the coverage is going to start right away. That would
exist -- assuming they didn't make any changes and maybe they do, but is there a
suggestion from the courts as to what an appropriate staffing level for the City of
Meridian would be?
Kane: Mr. Mayor, Council Member Taylor, the -- I believe we asked specifically if seven
would work and the administrative judge did express his opinion that it probably would
and he made a commitment to advise the magistrates to essentially be patient when
attorneys were not in the room, because they were covering other -- other courtrooms. I
guess I would add that -- I mean the judge's focus is that in court time. So, they are not
considering what's happening outside of court. Those other, you know, ten dozen
responsibilities that is required to have a successful appearance in court and to be
ready to cover several courtrooms at the same time. The -- but to answer your
question, he did say that seven should be adequate to cover the -- the courtrooms that
they have set up.
Taylor: Mr. Mayor, a follow up.
Simison: Councilman Taylor.
Taylor: So, probably adequate to cover the courtroom work in the day. Not -- and that
was one item on -- on -- on the big long list. So, I haven't done a lot of work in
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courtrooms. My cousin was a county prosecutor and -- and I don't -- I don't know if
courts necessarily care too much about what we all think in terms of -- I think they would
be more likely this is what works for us. So, please, find a way to work with us. I could
be wrong. I'm not overly optimistic about how they may -- you know, what -- what
changes that they would consider, as opposed to the direction they are going in right
now. What I'm wondering is in fiscal year '29, '30, we are up to ten attorneys, is that in
your professional opinion the appropriate level in year one? I understand maybe --
maybe seven is what we could afford potentially and, then, we go into it. But is ten
where we need to be in year one versus seven?
Nary: I will be frank with you, Council Member Taylor, I do think ten would be better and
I -- and I -- because we record this and because this is on the internet, I will tell you the
judges will do their very best to be patient. My experience has been that doesn't work
very long. That has not been my experience. Now, I haven't been in criminal court for a
long time, but Ms. Murray from my team has and it's dependent on the judge and
dependent on the day and dependent on the circumstances. So, not being there
consistently is going to be a concern and we are trying to be the best we can to not be
absent consistently. But more would be better for other things, too. I mean, again, it
isn't just to have more people, to answer your question, but because there is out of court
work that needs to be done. There is other things that have to be done daily by
prosecutors and so what I don't -- what I really would like to avoid is that, again, that's
not even talking about absences, sick, vacation and else, let's just talk about the daily
work. I really would like to avoid a situation where as soon as, you know, prosecutor A
is done with courtroom one, because we only have seven people, they got to run over to
courtroom three and take care of that stuff and, then, they got to run over to courtroom
five because somebody's sick today or they got to go pick up their -- their kid and they
are gone and now all of a sudden the day they intended to do their other stuff and take
care of discovery and talk to witnesses gets pushed aside and they got a jury trial in two
days they got to prepare for. So, I'm trying to -- ideally if I had a larger staff, they would
have a little more room and flexibility, so they aren't working at night, they aren't working
every Saturday to try to keep up with the grind, because the grind doesn't change. The
court does not -- to be honest the court does not care about our staffing needs. They
care about the court. They care about their needs. That's just the way it works. So, to
answer your question, yes, I would rather have more. I recognize that that is
problematic and so this is what we believe is the best get us in the door to start this off
if that's where we want to go, we think we can make this work. But we don't want to kid
you or any future council, that it's not going to be more people needed to make this
more efficient and more effective to deal with all the things that, one, we don't know yet
and the things that may or may not come true that what we hope to have come true and
what the reality of the day-to-day grind is.
Taylor: Mr. Mayor, just one last question for now.
Simison: Councilman Taylor.
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Taylor: So, Bill, you talked about the timeline. We are looking at January 2nd, 2027, of
taking over the entire caseload. It's June 2nd. What you are saying is you have to bring
on seven prosecutors, support -- some support staff, have them trained ready to go and
pick up the baton as seamlessly as possible in January in order to avoid any of the
issues you had on your slide with licensure, things like that would, you know, I don't if
get us in trouble as the right word, but be a -- be a real challenge. That is incredibly
ambitious, which you acknowledged when you are presenting it. Not -- starting this up,
not knowing how -- if the wages that we are offering is competitive, if we are going to be
attracting people, if we are going to get the experienced people or not. Is this a realistic
timeline? And I know you are going to say more time is better that's always easier. I'm
concerned that this time frame is overly ambitious in terms of being successful on day
one, because what I don't want to see is -- is to really screw this up in January and that
we are mishandling a lot of cases, we are not covering it, we are making the justices
upset, we are not in the courtrooms where we need to be. What if we can only actually
bring on board three prosecutors? Then what do we do? So, those are some real
challenges -- concerns I have in terms of the timeline, which I know is overly
aggressive, but -- I mean can you speak to that just a little bit in terms of your
confidence in -- in standing this up in six months?
Nary: Council Member Taylor, I am not going to kid you, it is ambitious and it is the -- it
is the desire to us to move in that speed to get this going. Here is the challenge. Again
-- and I think I said this to you folks a couple three years ago. It is like a firehouse. I
cannot open the door with three people. If I only have three prosecutors I cannot take
on a caseload of ten courtrooms. It is a -- that is a massive failure and we can't do that
and I have said to the Mayor, that timeline is contingent on us hiring people. I have no
idea if that's going to happen. That's our desire. But I can't do it with three and I have
asked the city of Boise and I have asked the Ada county is there any way to transition
this and the answer to me was no. Once it's yours it's yours. So, you tell us what day it
is and the spigot goes from us to you. That's it. Now, there are things that they will
retain, like the city of Boise if they have a case where somebody gets arrested on
October 3rd and they have a court date on October 5th and they don't set a case until
April, that would be ours. But if they have a case in November that gets set to January
3rd they are going to keep it. But other than those kinds of situations their direction to
me was once you tell us a day everything is yours and the court looks at that, too. You
tell us what day it is, everything from that day forward is yours. The court is not going to
divide these up like, oh, you told us that was Boise's, that one's your -- they are not
going to do that. You tell us what day it is that's theirs. I asked Ada county is there any
way to work with you on coverage and the answer was no. We will advise you, we will
help you, we will do whatever we can to make it successful, no, we are not doing your
work and we really can't have them do our work for us. I have done this a long time.
have never had attorneys cover other people's cases for other jurisdictions. That's not
how it works. You have to do your own. That's who the court determines you are the --
you are the assigned attorney or the assigned agency. Boise City is not our deputies.
I'm not theirs. Unless we are deputized on that case that's not how it works. So, it is
ambitious. I agree. That's the timeline we were asked to meet and that's the timeline
we will try to meet if that's the direction we go.
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Little Roberts: Mr. Mayor?
Simison: Council Woman Little Roberts.
Little Roberts: Mr. Mayor. Bill, so you said that the date you pick is the date that it
happens. Do you have any -- like three months from now you go it needs to be March
1, not January 1. Do we have that kind of wiggle room to say the whole load gets
postponed two months?
Nary: So, Mr. Mayor, Members of the Council, Council Member Little Roberts, so we
haven't -- that's what the court has told us. We haven't told the court January 2nd.
That's the desire we are looking for. The city of Boise we had -- we have a proposal
that's in your budget packets that you will see that they will continue with their contract
and we have an escape clause, so we can cancel that when we need to and we -- I put
that -- I asked them to put that in there for this very reason, because, again, I don't know
if it's going to be October, January, March, June, I don't know. And so they understand
that and so we -- there is an out clause. There is some time limit that we have to give
them to do that and so there is some financial costs to doing it and all those things. But
we -- you know, again, I -- it's -- it's going to tell us pretty quickly what the market looks
like. If we put this out for -- for hiring and, honestly, within the first month and I have
three applicants for seven positions I'm going to tell you the market's kind of soft, it's
probably not going to be able to fill those positions very quickly. If we put this out and
within the first month I have ten or 15, great. I'm not thinking that's going to happen, but
I don't know. So, I really am contingent on what's the market out there as I just don't
know.
Little Roberts: All right. Thank you.
Simison: Council Woman Strader.
Strader: Hey, Bill. So, the timing -- this is tough. This is a tough timeline and I really
wish there was a way for us to grow into it more organically. I'm glad that you tried to
have those conversations. It sounds like about -- is there a way to transition? Is there a
way to have certain types of cases covered by Boise. It is not really in their best interest
to have an abrupt transition I would think either, so I'm kind of surprised that that's how
they look at it. Did you get any more color on that? Like is there any creative way of
saying, okay, you know what, we are going to hire three prosecutors this year and they
are going to take on, you know, maybe one really narrow segment of the caseload and
we renegotiate that contract to kind of reflect that. Is there any -- any flexibility there at
all?
Nary: So -- maybe Tishra might help answer this. I can tell you one of the problems
with that is the way the court calendaring system is built. It is built towards agencies.
So, it is very difficult for a court to say, well, for example, I will take the most basic one.
You have jury trial cases and court trial cases. Court trial cases are mostly for tickets.
Traffic tickets and the like. It's really difficult to tell the court, okay, all the court trial
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tickets are going over here and all the jury trials go over here, because sometimes
things change and so that's part of the driver is that it's hard for the court -- the court
has told us they don't do it that way. If this is Meridian's -- because they look at the
agency that issues the citation. So, if Meridian gives a ticket that goes to Meridian and
they just -- that's how it works. They don't have a way to say, well, these are court trials.
Oh, this is a traffic -- it goes over here. It doesn't go over there. They don't do that. So,
could we contract with them to do it for us and pay them to do it? I haven't talked about
that, whether or not that would be practical or logical for them. Right now their view is,
again, you have a whole caseload, now it comes to you. We have it now it's yours. So,
they haven't -- we haven't discussed if there is any other way, but when we talk to them I
asked them twice is there any way and the answer was no. Once you tell us it's yours.
Is there something you could add to that? No. Okay.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I have a few more questions. Help me understand why we are considering
this as a budget amendment to get started. Besides the timeline, like help me
understand more why a budget amendment now, as opposed to just really fleshing this
out during the budgeting process, taking whatever time we need to like really plan this,
because I understand we have a contract and that is a dynamic, too, involved with this,
but like help me understand that better, why we are not just going to wait, you know,
what, a couple weeks, get this kind of longer term plan.
Nary: Mr. Mayor, Member of the Council, Council Member Strader, I mean the timing is
yours. I mean the direction to me was we would like to get this up as soon as we can.
The soonest I could do this is January based on all of this. We would have to get this
started. You know, IT has told us a number of times the software and the upload of all
that software and all of that takes about six months. So, if we don't buy it now and we
buy it in October, it's still six months. So, we are going to be six months out regardless.
But the timing if we were to say October and we don't do a budget amendment, we just
say let's go through the -- your normal budgeting process and maybe we approve this
come October, again, with the same model we presented to you or whether we look at
changing the model some, that certainly can't -- all of it has just pushed the time out
further, which means we are going to need Boise City to do the work for us until we get
there, which, again, is totally up to you folks.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: That's very helpful. And, then, I -- I just have one more question. It's a little bit
off the wall and it may be a brainstorming question. Have -- have you all started to think
about, you know, Al transforming the legal profession and kind of how we can start to
leverage those tools as well; right? I mean you have a number of support staff. I
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understand we are not going to replace all the humans with machines, so no one panic,
I just -- it seems like individual people with the right tools are going to be able to do
more. Have you started to explore some of those conversations and how are you sort
of thinking about emerging technologies as like a force multiplier when it comes to this
stuff?
Nary: You know, Council Member Strader, that's a great question and you are asking
the wrong dinosaur in the room about how to do that. I don't disagree with you and I
don't imagine -- okay. Now, again, I didn't put that number in 1985 in there as a joke.
That truly was when I started.
Strader: Yeah.
Nary: The way we do things today is vastly different than we did 40 years ago.
Strader: Sure.
Nary: Is that going to -- is that going to be where the -- at least some of the technology
is going to go to help for some of the efficiencies of the process? I would imagine it will.
I don't know. I don't think we are going to see changes in the courtroom about humans
being there trying cases in front of other people with judges and clerks and all that. I
don't see that changing the technology. Now, again, every trial I know of people that do
them today -- and Tishra can correct me -- do you do any trials anymore without a
PowerPoint? They don't do any without PowerPoints. I used to do it with one sheet of
paper and I just wrote my notes on it. That's it. So, I can see that humming, but, no, we
have not anticipated how that would play into this today.
Strader: Mr. Mayor?
Simison: Council Member Strader.
Strader: My -- my feeling about the budget amendment right now -- I just -- this
dialogue we are going to ask questions and go back and forth. My -- my gut feeling, just
based on your conversation so far, is that we are not ready. I feel like we need to take
the time to get it right and if that means a year of planning this in further detail and really
getting like a plan that can be executed and working -- I think especially it sounds like
with -- with the judges and their administrative -- administrator and their calendar and
trying to hammer out some solutions around that, I just don't really think it would be wise
for us to bite off -- I'm worried about like this is a budget amendment that it's not super
material -- I don't love budget amendments generally, but, then, I feel like this sets us
down off this rocket path toward January where I don't think that that makes sense
based on what you are saying. I mean it really sounds to me like understanding the
magnitude of what you are taking on and everything, it just feels to me like we need to
honestly take our time and really flush this out. That's my general reaction to this so far
is just we are not there yet. I think it's understandable. We want to get there, you know,
we have set an objective of where we want to go, but we need to figure out a path and I
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don't think that that path is clear at this point, just based on what you have said with --
especially with the examples. Like we saw the court calendar, you -- you have got at
least -- there were some days where like ten or 11 slots were full and if we can't meet
those ten or 11 spots we are not going to succeed and so we need to hammer these
things out I think before we even consider a budget amendment or anything like that.
To me. That's just my feedback so far. We are just not there yet.
Simison: And I'm going to just kind of speak to that point from two sides of this. From
my perspective. We are never going to answer any questions if we don't start. There is
nothing that we can do unless we said we are going to bring in 20 attorneys to know
that we are going to be able to cover everything fully, no matter what -- what our number
is or how many attorneys we can hire or what our timeline is to set stuff up. Until we
start we know we have got minimum six months. I put in the -- I put in your budget
document, you know, one time funds to cover the Boise contract for three months. If
you want to extend that for another three months beyond that, great. That's coming out
of fund balance. That's where that is being funded as we want to make sure that we
cover the personnel needs for the year for what we would want to try to hire no matter
what. So, that's -- that's -- that's the one side of this. But if you -- do you want to put
more money in the budget to extend the time frame out to contract with Boise, that's not
an issue, we are just trying to be -- trying to push as fast as we could, but knowing until
we start we can't probably answer any of these questions efficiently. I don't think the
courts are going to give us an answer of -- in the short term that says that they are
willing to -- I think they want to play with their system. They just adopted it. They are
not looking to walk away from it. I have to trust the conversations that we had with the
administrative judge that they are going to work with us on this. So, I feel like we have
been given as much of assurance as we can to begin this process, but until we -- until
we get into it -- that's why it's great that Bill can showcase, well, here is where I think we
need to be. I don't think we know that. Again, they could change the court system back
to the old system next -- next year and next thing I know we got too many attorneys
because of coverage. I know that's not the case, Bill. Don't -- don't get me wrong.
Nary: It's not going to happen.
Simison: No. But that's where I'm -- like to me this is about getting -- getting the
process started and if we want to delay and start the process in October, just know that
we will be in Boise's contract for a year probably, fully to their contract, with this request
still in the budget that we will want to be funded, because we will still want to start the
process at that point in time. So, I would encourage us to move this forward sooner
rather than later and say let's put more money into the fund balance to extend this
beyond January if we think that's necessary or we can come with a budget amendment
in October for the additional funds once we know more about this. But we are getting
into the time frame where Finance says no more budget amendments for the year, so
we either will put this on hold until October -- because, technically, I guess they allow us
to post the positions in September? Is that when we are allowed to do that after the
Council approves the resolution? Before? So, that's the first time we could actually --
we could even -- we can't even post a position until we get to that point in time and
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those are the things that just delays the questions as much as getting to the answer.
So, that's why we want to bring this forward so we can at least start the process and the
further we get along sooner the more we can work with Boise if we need to extend or
look for a different approach if we can't find people to even do the work. That's my two
cents.
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: Just --just to -- another quick just to tag along. Just to be clear -- and I would
leave it to Tishra and Emily to agree or disagree with this statement, but the court
calendar is not going to change as long as Boise represents Meridian cases, because
the sole reason they did it was to try to spread out the cases more evenly across all
their magistrates. The only point in time they would look at making that change is if we
changed and became more like Ada county and they would, then, look at changing it to
more evenly redistribute the cases under the new philosophies of the agencies. I don't
see them making a change back to what they had before until we make that change and
pull the switch. So, I don't -- I don't see the court administrator making that change
before we make our decision and move forward.
Kane: Mr. Mayor, Council Member Overton, I would agree with that. But I mean the --
the court didn't say that specifically, but that is certainly the implication given the
imbalance in the -- in the calendars, so that would -- I think that's a fair supposition that
it would tip -- tip one city into the heavy user range like the county is and that would I
think incentivize a change to the court's calendars that probably isn't there now.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I think part of the challenge, just speaking openly, like part of the challenge is
also the fiscal impact; right? Looking at the totality of where you need to go, it's two a
two million dollar price tag. It seems like based on the change in the court's calendar
and how they schedule their cases has been a change in the circumstances around
standing up this team and the resources needed. Like prior to that change what would
have -- what would have been your adequate number of attorney prosecutors I guess
would be my question under their previous system?
Nary: Fair question, Mr. Mayor, Members of Council, Council Member Strader. I mean I
-- I couldn't tell you. I mean ideally I would always prefer to have more people than
coverage that's required, so there is always a little bit of room for absences, you know,
sickness, vacations, things like that. I always want a little bit of cushion. And, again,
don't want to tie up people in court all the time. Now looking at the way the calendar
was in that '24, for example, you know, I think you probably could get by with about five
to seven people depending. Again, that's one snapshot of a week, but I think the
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volume was different and the coverage was different. One of the things that's -- you
know, I learned through this process that I never knew -- and, again, I have been here a
long time, but there is a difference in philosophy on how cities and counties prosecute
cases in this valley and it has existed in the entire time I have been here and it's
because they have a different purpose. The county prosecutor's office, what they are
looking for, if they are misdemeanor prosecutors, it is they are -- it is a grind for them to
-- to learn to try cases no matter what and they try a lot of cases, because those people
that make it through that process for them become felony prosecutors. That's what they
want to be. That's their career path for many of them and many of the county
prosecutors folks stay for many years and that's where they go and they stay there and
retire from there. Cities it's -- that's not as common. That is not a career path for most
people. It is an entry position for a lot of people. It is the first or second job they have in
the legal profession. They want to get trial work. They want to get that level of
experience. So, they do try cases, but there is also a desire to process, because the
volume is so high and so it's just a different mindset. The emphasis is not on just trying
everything. So, the philosophies are slightly different anyway and they are probably not
going to change greatly, but the volume back in '24 probably could have dealt with the
coverage and volume at the five to seven level range, give or take. Now, because of
the way it's spread out and the volume has gone up a little bit from that time period,
again, the seven in our view was the minimum needed to make -- make it even
functional and below that it's probably not very functional and, again, I don't have
redundancy. That -- you know, you folks hear that in every aspect of the things we do
as a city is redundancy and I don't have that right yet. That's why we looked at where is
the long term going to go and that's the desire to get there.
Strader: Okay.
Whitlock: Mr. Mayor?
Simison: Councilman Whitlock.
Whitlock: Bill, based on the question that we asked the voters in November of '25, do
we have any obligation to expend some of those levy funds January 2nd for
prosecutorial services?
Nary: Not that I'm aware of, no. No. I mean I think that if the idea is again -- we are still
doing this. The timing has changed because of a lot of other reasons, but we are going
to use that money towards that same goal. That's the same commitment in my opinion
you have made, but you folks have to answer that question better than I can. Legally
no.
Simison: And while the number is larger than anticipated -- and I'm looking at Todd --
because I think about 400,000 dollars than what we anticipated from the levy and the
contract when you combine those two between what's in the budget, that is the
difference and I think that that equated to -- from what was being planned. One
additional person that was added post levy and a trueing up of the actual market at this
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point in time for the positions in order to get to that variation number. So, what is it --
the money is in the budget, so it is taking the contract with Boise, the funds from the
levy that would hit through that. From my perspective there was one position in
community development that we chose to remove from the budget to provide some --
I'm not going to say it's for it, but we reduced the position down to help accommodate
that. The rest of it it would be funded by new construction revenue or three percent,
wherever you want to attribute that. So, that equates to about 300,000 dollars'ish into
the -- into the impact for bringing this forward into the next budget year. Any contract
with Boise is using one time funds in theory to continue that service in -- into next year
as long as it needs to go, so that we have all the monies assigned to ongoing personnel
costs in the budget. So, that's how it's -- that's how it's set up in the budget using round
numbers. Don't quote me exactly on any of those numbers, but that's relative numbers
in my head, that's -- from where things ended up.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: On the Finance could we have Todd maybe come up and ask him a few more
questions on the financial side of some of this? I have a couple questions.
Simison: I hate for you to stay this late and not get to actually talk.
Lavoie: Oh, geez.
Taylor: I know. Want to make him feel useful. It's 9:00 o'clock, so I want him to come
up here. Okay. So, I'm not -- the levy gives us about 460,000 a year for a prosecution
unit, if I'm -- is that about right?
Lavoie: Of -- Mr. -- Mr. Mayor, Council, your levy rate yielded 498,000 dollars -- call it
500 to make it easy.
Taylor: All right. Five hundred thousand.
Lavoie: Four ninety-eight is what the citizens provided you.
Taylor: And the -- the City of Boise contracts 800 --
Lavoie: Eight fifty-two.
Taylor: Eight fifty-two.
Lavoie: So, it's 1.35 is the amount of revenue that we worked on from the -- you know,
the last time we did this.
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Taylor: Correct. So, the -- that's why -- originally -- and I remember Council Woman
Strader actually was asking a number of questions on this about do we think the 1.35 is
going to be the number. I think at the time we sort -- of at least my sense was we felt
like we were in the ballpark. I understand that more of a concept now. We have got a
year of doing a little bit more due diligence, so we come back and the number I see for
fiscal year 2027 is a little over two million; right? So, we are 650, 660 thousand short.
And, then, we are not filling a community development position -- I guess I'm trying to --
where we fill the gap is -- is it going to be -- how are we filling that gap in '27? Is it going
to be one-time funds for that year? Because as I see it there is a gap, there is a gap,
there is a gap each year or is the -- how are we going to close that gap, especially if we
are going to be bringing on some new prosecutors, because I'm -- I'm just -- my biggest
question is timing. I'm as big a proponent of setting up this unit. I think that's a priority
for the city. I'm just asking myself what's the right time. Is it time now? Is it -- do we
follow the save, then, spend model that we have talked about before where we are like,
hey, let's bank some of this levy money, maybe we find some other sources and we --
we build up a base budget that makes it easier to, then, come out with the team that we
want. So, can you walk me through how we are filling that gap fully this year and what
-- beyond years what we -- how we think we are going to fill that hole?
Lavoie: Sure. So, fiscal '27 -- '6 -- again, there is no money in '26. Bill did present a
concept of a budget amendment. So, that's a different story. So, I will address the '27
budget that the Mayor just delivered to you a couple days ago. As the Mayor
mentioned, he did have to reduce ongoing costs in other aspects of the budget to cover
this shortfall that he mentioned.
Taylor: Are we using any one time funds to fill our -- fund balance to -- to fill this gap
here? Is that all -- we have found reductions in other places?
Lavoie: Well, the -- the General Fund itself in totality we are present -- we did present to
you a use of fund balance I think of six million dollars.
Taylor: Right.
Lavoie: So, again, we used the entire budget. So, did some of this contribute to that?
think you can make the argument, yes, because it impacted other aspects of the
services that we are providing. From a totality of the General Fund we are asking for
the use of fund balance to balance the fiscal year '27's budget.
Simison: But just to kind of clear that, but we did reduce ongoing revenue -- ongoing
expenses for ongoing revenue purposes. So, we did not say find me 400,000 dollars to
cover with one time for this purpose.
Taylor: And, then, I'm going to dovetail off -- Councilman Whitlock asked the question
are we required to spend any of the levy money we collect and so we can direct you to
say we are going to keep this money set aside until we are -- I'm just assuming if we
made the decision to -- to wait a year that money wouldn't be lost, it would still be used
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for setting up a prosecution team. It's just a matter of timing. We could say let's hang
on to this 400,000, add it to next year, start to kind of maybe save then spend sort of
philosophy on setting up this unit. Would that be --
Lavoie: Under my understanding that answer is yes. You have that right during your
budget development process to determine how you spend your funds on an annual
basis.
Taylor: One last question, Mr. Mayor, for Todd. So, when we originally were doing --
developing the -- the business plan for this it seems like it's -- maybe -- I don't want to
put words in your mouth, but in my mind the -- the number we agreed to with the overall
levy and the amount set aside for the prosecution unit, combined with the Boise
contract, we felt like we were close in that ballpark and now I see more of a detailed
plan that seems wildly different by a lot. So, are you comfortable with the -- I mean the
two million is what it is. I mean I think you guys have scoped it out pretty well. That's --
that's the number to set up -- bring on seven prosecutors and, then, adding and, then,
the COLAs on top of that when we have those new employees, et cetera, et cetera. We
haven't brought on seven new employees since I have been here -- and just for a
couple of years. I mean we are always one or two and now we in Public Works,
because the Enterprise Fund pays for them. But -- but now we are looking at seven
attorneys and staff to -- paying for with General Fund money. That's a significant
change, so --
Lavoie: To answer your question am I comfortable with the numbers that we are
calculating? I'm comfortable with the numbers I'm calculating based on the data I was
provided. Again, like you said, if something changed, like it did at the Ada county
system, oh, we are changing the calendar, well, then, obviously, the business case
changed. Hence why the larger number. We did present to you, you know, 18 months
ago, 20 months ago 1.4 million is what we thought the answer would be and you as the
body said let's put it out to the citizens. Are you willing to spend -- or give us 492,000
dollars more a year, i.e., it's -- multiply that by ten -- four million more dollars over ten
years. Are you willing to do that citizens and the citizens voted yes. You are
comfortable asking the citizens that. Like you said, Doug, now the number is a little bit
larger. Now, you have to ask the question is 1.7 million dollars now to answer the
question we asked the citizens. Robert has presented that in your budget draft. The
answer is we now need 1.6 million of ongoing funds to make this plan as it's been
discussed today. Not the 1 .4. It's not 1.6, 1.7. We just have to now ask the citizens are
you -- is that what you want? I think that's a question that you are trying to get at. Is
that where I want to spend the money today or do we save up? That's -- I'm trying to
read into your questions. I apologize.
Taylor: No. I think that's fair, because that's why I'm wondering is the money that we
are going to bring in from additional revenue from the levy, we need to be spending that
money for setting up a prosecution unit. My question is do we do it now or do we do it
in a year. I'm just thinking through that.
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Lavoie: Legally you can do it -- you can wait as long as you need and, yes, I can set
aside the funds. As Bill stated that's how we used to always do fire departments. You
told me you needed a fire department in five years, I would go, okay, Brian, I'm going to
take 500,000 out of this revenue stream, you are not going to see it, I'm putting it in a
special place. I will do that for four years in a row, then, when Brian says, hey, do you
have the two million available, yes, sir, I have been saving 500 every single year. Here
is the two million dollars, open your station. That's how we have traditionally done this
and you can do the same thing -- I think that's where you are trying to go. Is if it's 1.7 --
can you save 1.7 before you turn the keys on? You have every legal right to do. So
every legal right. You just have to instruct me to hold these monies aside until Brian
says give me the keys. You have every legal right to do that.
Taylor: Thank you.
Lavoie: You also have the legal right to do the way the budget is presented to you today
also.
Simison: And that's my point. But I know we are not here to talk about the budget for
next year. But the budget next year does take all this into consideration and calculates
that for the budget as presented. The main key point -- because it wasn't just for this, it
was for other items that we were changing as we went through, but the COLA is 2.76 for
the employees. That's what -- it's in the budget recommendation. And you could
identify that this is where that could come from. You could identify five other things that
changed in the last three weeks of putting together the budget where those monies
would have been maneuvering around and we still have some things in the budget that
we don't know one hundred percent about where those costs will actually come in.
Hopefully we get those things done before this month on those elements. So, it's --
everything is a little bit of a moving target on -- on these elements.
Taylor: I will make just one last statement. I'm sorry. And I will let you go. And I'm
sorry to -- so, the reason I'm asking a lot of questions -- I know I'm jumping ahead to
budget discussion, which we can wait. The reason that's significant, though, is the
budget amendment tonight says let's start now and that's the question is do we start
now, because if we think we start now we pass the budget amendment we get started.
If we are not sure we start now, we should not pass the budget amendment and we
should make sure the plan is right and we can have this discussion in the broader
budget discussion here in a few weeks, but that's why I think this is important to
understand, because in my mind accepting the budget amendment we say go. Now we
are spending money. Because if we spend this money and, then, we decide to stop,
then, what? That's a big question. We spend 271 ,000 dollars, we start buying this stuff
and, then, Bill says I can only hire two or three people. I can't take the workload on.
What do we do? Is that okay? In my mind saying yes to this is saying yes to the overall
plan that we are comfortable with. I'm not sure we are comfortable with. At least I'm
not.
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Simison: So, what about one concept, approving the personnel, because that -- that's
the biggest issue. Until we know about the people, you know, we can know -- we can
know -- going and buying software and -- and doing that. We can know about
Tls, we can know about cars, but the people is the question that is the biggest issue. If
we can't get the people, then, that's going to delay us more than anything else. I can't
advertise for the people without funding. So, the question would be if you were to take
out maybe all the one-time costs except for the TI and just authorize the people, so we
could at least start the process and see what we get, does that bring any interest to the
Council?
Taylor: Well, Mr. Mayor, is the -- the budget amendment -- what does it have for people,
because my understanding would be we would need the actual '27 budget to approve
actually enough budget authority to say we are going to go out and make some --
Simison: For the purpose of this I think it's only 50,000?
Nary: So, there is -- so, Mr. Mayor, Council Member Taylor, yeah, there is two people
for -- for two months basically. So, one of the methods that we had discussed early on
was hiring that lead support staff and that lead prosecutor to build this team with. So,
kind of to follow what the Mayor said, I mean if that's the direction you would like to go --
because I agree with what Council Member Taylor said, I mean if -- if you -- it would
seem foolish to approve the entire budget amendment if you are not still on board with
the whole idea, because, then, we are going to go buy software, we are going to redo
build -- we are going to redo office spaces and if we are not going to do this for another
two years potentially, well, then, that's kind of -- maybe that's premature. But having the
people -- I mean I don't need seven people, but I would like to have the two to get
started with this, but, again, it's -- it's chicken and egg. I mean if we come October -- or
in June and the budget conversation and you are not comfortable even in October of
actually beginning this unit in the next fiscal year, well, then, I'm not sure what these two
people are going to do for a while either. So, I mean I get it. There is no magic way to
do this ideally to match up with the budget, unless you just say we want to wait until
October or you want us to get started. It's kind of one or the other.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Bill, I guess my question to you is going to be like who would you hire first;
right? I would assume the lead prosecutor.
Nary: Uh-huh.
Strader: You tell me. Who -- who would you hire first to help develop a plan to get this
rolling?
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Nary: So, Council Member Strader, it was always my intention to hire the lead
prosecutor first and, then, the lead support staff next, because they kind of have to go
hand in hand on the way the process works, because prosecutors don't do the support
work and -- and support staff doesn't do prosecution work. So, not far behind, but
certainly the lead prosecutor would be helpful to hire, even the support staff that's going
to help support it.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yeah. I mean -- so, I personally am not in support of the budget amendment
right now. I think getting -- getting to the budget is the right time to like have this
discussion. I -- to me this highlights -- which this will annoy a couple of my coworkers,
but this to me highlights the importance of our long-term financial planning process and
why it's important for every department to come and kind of present their future plans,
so we can understand it -- understand the totality of the requests in the city and really
get a sense of how to stage these items. I would think -- actually, if we hired a lead
prosecutor and maybe one other person at some point in a -- in a fiscal year -- even if it
was a year out from saving the money and, then, hiring a whole team of prosecutors,
that would make sense to me, because, honestly, there is a huge planning process that
needs to happen with setting up this kind of a department and I would think that the lead
prosecutor could easily take -- by the way, we all know, you put out a rec it doesn't
mean you are hiring somebody overnight. It sure takes time. We may find ourselves
like six months in to the next fiscal year, we have hired a lead prosecutor, that person
has six months to meet with the judges, try to develop a transition, see if there is a
better mousetrap and we know where we want to go, but at least we could take a little
bit of that time in doing that. I -- I just -- with the plan today and the change in the cost
structure, like I'm concerned. Like I -- so, I -- and I -- so excited to review the budget. I
have not yet -- I just got it, so I haven't even had a chance yet. So, I couldn't really
commit to the plan at all at this point until I fully review the budget, but I appreciate
having this flagged now and this to me is like this is why we have to have these
conversations now, like earlier in the year so we have that understanding, we can work
through these things, understand people's various requests -- because it's not just a one
year plan. This is -- this is a long-term process that -- that needs to happen. All of
these requests have to be staged, your department -- your -- and you are meeting our
expectations, which is exactly what we asked of you, but, then, we have other
departments that have their own long-term plans and all those requests are competing
with each other and they all have to be staged. So, that -- that -- that I'm just venting
now, so I will stop. But, anyway, you guys all know where I stand on that, but that --
that's my frustration and just why I think this is important. I so appreciate you flagging it.
I would not support a budget amendment today. I think it will be a really great
conversation during the budgeting process.
Simison: And I will make it easy for -- at least for before you lead to it. This is the only
personnel item in the budget. So, from -- you know, outside of this it's ongoing
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operational costs in other areas, but there are no other -- you know, you could look at
COLA, you could look at any of the other HR-related -- I just blanked on what they are
called -- called. Reclass stuff. But there is no other positions in the budget that these
are competing with in at least what you will have presented and when you read the
book. So, that -- that helps you give at least a starting perspective that that's where we
are looking at in -- in terms of cost structure. It doesn't mean there is not other things
that you may not want to see come through in enhancements that have an ongoing
cost, but that's what -- but there are no other people pertaining to the budget. Any other
questions for Bill or the team at this time?
Lavoie: Thank you.
Simison: So, maybe Council make a recommendation.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: First thanks to you and Bill and the team. In a general sense everybody's
trying to do what they think is the right thing and we all have different priorities about
timing and when is the -- when is the right thing at the right time. I know some of us
have probably already read the budget book cover to cover. Probably three times with
you Council Member Whitlock, but I -- like Council Member Strader, I have just cracked
-- cracked it open. So, to me it is not about the if, it is about the when and I think to
Council Member Strader's point, I would feel more comfortable considering this budget
amendment -- at least following our first budget -- first maybe only budget hearing. It
would allow me to feel more comfortable about what's being proposed. I hear what you
are saying, Mr. Mayor, it's that -- I hear you, but I want to kind of read it and experience
it, too. And unless that I'm hearing anything from our legal team that there is a pressing
need we need to do this tonight or next week, which I'm not hearing, I would feel more
comfortable giving me some time to digest the feedback from everybody here this
evening, to review the budget book, maybe follow up with some additional questions
and maybe reconsider this on the 23rd after we have had our budget hearing.
Simison: Took the words out of my mouth.
Cavener: Well, first time for everything, Mr. Mayor. First time for everything.
Simison: That would at least be my recommendation. Just to -- I'm not going to go
change my speech for tomorrow, just so we are clear. Because I don't think -- I don't -- I
don't think it matters. So, don't think I'm trying to do something unless Council says that
they want to return the money to the voters and not move forward with the prosecution
team, then, I would want to go change my speech if that was the direction I got from
tonight. So, yeah, Trevor, if you can go fix those slides. So, Council, any objection to --
that -- Todd, that meets our -- our timeline for budget amendments for the year if they
still wanted to bring one forward; correct? If we did that in June 23rd?
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Lavoie: If we are doing June we should be okay.
Simison: Okay. Yeah. And the only person who is not here who this may impact would
be Laurelei, so I don't know how it aligns with the TI request that would want to be we
are trying to take advantage of the expeditious work that the team is doing and get it
done through that process. I just don't know where that lies and -- in this conversation.
Lavoie: And, Mayor, to address the one time Tls, again, Council you can direct myself
or Mayor to overspend the budget. Again, we have the spend -- we have the funds
available if you need to make that decision even in August. So, even if we bypass the
timeline that we are required to report to the state our funding budget, you -- we still
have the authority within our own right to go -- spend 65,000 dollars, make it happen,
we have the cash. It's not like we are out of balance of funds. But to answer, Mayor,
your original question -- our due date is June -- I think 22nd I think is what we sent to
you. So, June 23rd we -- could we make that work? Just have the budget on that
Tuesday and we will be -- we will be able to, then, meet the state's requirements of
timing of reports.
Nary: Mr. Mayor, Members of Council, so your question on the TI -- in talking to Laurelei
I'm not certain we are -- because we are not talking about building walls or doors or
anything. We are talking about putting in some security locks and things like that. I'm
not sure that we are going to need that with Kreizenbeck, so I don't know that there is
really an impact that way and I do want to say -- and I should have started off with this.
I truly believe in us having our own prosecution team. I do think that is the right thing
and I think your questions are all valid. It is a timing question. And I think Council
Member Cavener said it, it's not an if question, it's really the when. I believe this makes
sense. You know, again, we can all look in our crystal ball and say, well, I wish we
would have done it this way ten years ago, 20 years ago, but it doesn't matter. Where
we are today -- we can get us there. It's the timing. It's challenging and that's what we
are all trying to navigate and I understand that, but I believe in doing this. I think we can
do it. It's just it's going to take some lift and we are not quite there yet so -- on some of
it, so -- waiting until the 23rd for more discussion is fine.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: I appreciate your flexibility on it, because I think we saw that this was naturally
dragging us into a discussion of the fiscal year '27 budget and, again, I just restate,
think it's because if we approve the budget amendment we are saying we are going to
move ahead and I feel like we are not, we don't have our arms around this yet. So,
appreciate that. I'm, you know, aligned with Council Woman Strader. I don't think
would be comfortable supporting the budget amendment if we voted on it tonight. I do
want to contemplate it, think about it, maybe get some more information from staff, put
in the context of a bigger budget and, then, think -- think timing. You don't have to
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change your speech. I don't think there is anyone up here who is going to change their
mind about having that -- setting up our own prosecution unit. I think that's a priority
that we have identified and we know we need to do that, it's just how are we going to do
it and do it in a way that is the right way. So, anyway, I appreciate the flexibility and
think that's a good idea to wait until the 23rd.
6. Fiscal Year 2026 Budget Amendment in the amount of $271,761 for
addition of Prosecution Services
Simison: Council, other questions or comments? Okay. I don't think we have to make
a motion to do anything to not take up an item.
FUTURE MEETING TOPICS
Simison: So, with that anything under Future Meeting Topics? Besides the ones we
heard about UDC's changes, feedbacks, from the team or do I have a motion to
adjourn?
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: Make a motion we adjourn.
Little Roberts: Second.
Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed
nay? The ayes have it. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 9:23 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
6 / 16 / 26
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK