***Monday, November 2, 2020, Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Walt Kirby via telephone, Clerk Glenda Poston, and Deputy Clerk Nancy Ryals.
9:00 a.m., Road and Bridge Department Co-Superintendent Randy Morris joined the meeting via telephone to give the department report. A written report was not presented. Ditch cleaning and culvert cleaning with the flusher truck is being done. The bottom of Chisholm Hill is being worked on so rock can be put down this fall. Road & Bridge is also grading roads and getting trucks ready for winter. Chairman Dinning commented that it sounds like we have a tractor and a mower. Discussion was held regarding something needed to plow snow at the armory/annex building. Discussion was held regarding the number of employees who are absent.
The meeting with Road & Bridge ended at 9:06 a.m.
Chairman Dinning informed Commissioner Kirby that Commissioners have a letter from someone who is interested in applying for a public defender position and he is wanting to set up a meeting with her.
Commissioner Kirby gave his permission for a demand claim.
Commissioners recessed until 9:30 a.m.
9:30 a.m. Commissioner Cossairt moved to approve the minutes of October 26 and 27, 2020. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Certificate of Residency for Prairie Plaster. Commissioner Kirby second. Motion passed unanimously.
Commissioner Kirby moved to authorize the Chairman to sign the Award and Memorandum of Understanding for the 2020 State Homeland Security Program Grant. Commissioner Cossairt second. Motion passed unanimously. The amount of the grant is $29,727.00.
Commissioner Cossairt moved to approve and sign the Findings and Decision for Planning and Zoning Application #20-098, Jelinek Zoning Map Amendment. Commissioner Kirby second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Ordinance 2021-1 amending the official Boundary County Zone Map for the Jelinek Application. Commissioner Kirby second. Motion passed unanimously.
Ordinance No. 2021-1
BOUNDARY COUNTY OFFICIAL ZONING MAP AMENDMENT – KELLY JELINEK
PLANNING & ZONING FILE #20-098
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY, AMENDING THE OFFICIAL ZONING MAP TO REZONE A 0.41 ACRE OF LAND OWNED BY KELLY JELINEK FROM AGRICULTURE/FORESTRY TO COMMERCIAL/LIGHT INDUSTRIAL, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Idaho Code §67-6511 provides the authority for counties to amend their official zoning maps; and
WHEREAS, Boundary County Zoning and Subdivision Ordinance 9B18LOV2 Section 18.1.2, provides the authority for all Boundary County property owners to apply for a zone change; and
WHEREAS, Kelly Jelinek applied to Boundary County to rezone a portion of her property located in Section 31, Township 61 North, Range 1 East, B.M. from Agriculture/Forestry to Commercial/Light Industrial; and
WHEREAS, the Boundary County Planning and Zoning Commission conducted a duly noticed public hearing to consider the proposed amendment on August 20, 2020, and recommended to the Boundary County Board of Commissioners approval of the amendment on a unanimous vote; and
WHEREAS, The Boundary County Board of Commissioners did hold a duly noticed public hearing on the request for the zoning map amendment on September 28, 2020, and voted unanimously to approve the map amendment and direct staff to prepare a decision letter and ordinance in support of the approval.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Boundary County, Idaho, that the following be and is hereby adopted as an ordinance of Boundary County:
Section 1: Adoption of Ordinance Rezoning Lands: The Amendment of the Official Boundary County Zoning Map from Agriculture/Forestry to Commercial/Light Industrial for certain lands located in Section 31, Township 61 North, Range 1 East, B.M. owned by Kelly Jelinek and as described in Section 3 of this ordinance.
Section 2: Short Title: This ordinance shall be known and may be cited as Boundary County Official Zoning Map Amendment – Kelly Jelinek, Planning and Zoning File #20-098.
Section 3: Legal description: A tract of land situated in the Southeast Quarter (SE1/4) of Section Thirty-one (31), Township Sixty-one (61) North, Range One (1) East of the Boise Meridian, Boundary County, Idaho, being a portion of that parcel described in Instrument No. 268614; more particularly described as follows: BEGINNING at a 5/8" rebar and plastic cap stamped PLS 7540, on the south line of said SE1/4, which is S 89°27'14" E, 559.98 feet from the southwest corner of the SE1/4; thence, leaving said south line N 22°55'38" E, 180.92 feet to a 5/8" rebar and plastic cap stamped PLS 7540; thence S 67°40'31" E, 106.24 feet to the intersection with the westerly right of way of U.S. Highway No. 2 & 95 which is marked on the ground by a 5/8" rebar and plastic cap stamped PLS 7540; thence, along said right of way S 18°36'22" W, 134.50 feet to the intersection with the south line of the SE1/4 which is marked on the ground by a 5/8" rebar and plastic cap stamped PLS 7540; thence, leaving said right of way and along said south line N 89°27'14" W, 125.84 feet to the POINT OF BEGINNING, encompassing an area of 0.41 acres.
Section 4: Severability: If any of the provisions of this Ordinance or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable.
Section 5: Effective Date: This ordinance shall be in full force and effect upon the passage and publication of the ordinance or ordinance summary in one issue of the official newspaper for Boundary County.
THIS ORDINANCE ADOPTED AND ENACTED AS AN ORDINANCE OF BOUNDARY COUNTY ON THIS 2nd DAY OF November, 2020, AND PUBLICATION OF THIS ORDINANCE BY SUMMARY IN THE OFFICIAL NEWSPAPER IS HEREBY APPROVED UPON THE FOLLOWING ROLL CALL VOTE:
Chairman Dinning “Aye”
Commissioner Cossairt: “Aye”
Commissioner Kirby: “Aye”
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/
Dan R. Dinning, Chairman
s/
Wally Cossairt, Commissioner
s/
Walt Kirby, Commissioner
ATTEST:
s/
Glenda Poston
Clerk of the Board of County Commissioners
Recorded as instrument #284226
There is nothing to approve this week for the CARES Act Broadband Grant nor the Aircraft Storage Hangar Ground Lease and both will be put on next Monday’s agenda for action.
There is a need for office personnel due to lack of staff at the Restorium and Chairman Dinning asked if it is okay for the Restorium to hire someone to help as an emergency. Commissioners had no problem with it.
10:00 a.m., Chief Deputy Clerk Nancy Ryals left the meeting. Clerk Glenda Poston took over clerking the meeting.
10:00 a.m., Commissioners held a name clearing hearing as requested by former county employee Monica Tompke. The hearing was recorded. Present were: Chairman Dan Dinning; Commissioner Wally Cossairt; Commissioner Walt Kirby via telephone; Clerk Glenda Poston; Pam Barton, Payroll/HR Clerk; and Assessor Dave Ryals. Chairman Dinning called the hearing to order and since Monica Tompke had not arrived, Chairman Dinning said we would wait for five minutes to see if she joins either in person or by phone. At 10:05 a.m. Monica Tompke did not present herself either in person or by phone. Chairman Dinning closed the hearing at 10:07 a.m.
Chief Deputy Clerk Nancy Ryals returned to the meeting at 10:07 a.m. to take over clerking the meeting.
Commissioners placed a call to Amanda Findlay who had expressed interest in the public defender contract. Discussion was held regarding the public defender contract. Clerk Poston informed Ms. Findlay of the public defender schedules. The contracts are based on 514 hours per year which are paid monthly based on $85.00 per hour. At the end of the month the public defender submits a report to the Clerk showing hours worked. The public defenders are paid a flat rate per month based on the 514 hours per year at $85.00 per hour. The county also provides $3,000.00 per year to have someone cover for the public defender. The county does not pay travel time or mileage. Boundary County does have an office in the courthouse for the public defenders. The public defender is assigned a case and will follow that case through to its conclusion. Chairman Dinning suggested that Ms. Findlay contact one of the current contract public defenders who could give her more information.
The call ended at 10:27 a.m.
Crystal Denton with the Sheriff’s Office joined the meeting at 10:30 a.m. to discuss establishing a remote dispatch site. There are dispatchers out with COVID and there is concern that if the current dispatch site needs to be closed down due to the virus, there needs to be a backup site. Chairman Dinning asked how long it would take to set up and what the cost would be. Ms. Denton said it would be about $27,000.00 with install. Sheriff Dave Kramer joined the meeting at 10:34 a.m. It would take a week to 10 days to get the equipment here. It would be completely mobile. Sheriff Kramer said they would put it at the annex for now but it could be temporarily put in a residence if need be. Clerk Poston asked if it would work at the Waterways building. Ms. Denton said it would work anywhere with good internet. There is some money in E-911 and Chairman Dinning asked if there is some in the capital budget. Chairman Dinning said that there is about $40,000.00 plus in Coronavirus Aid, Relief and Economic Security (CARES) Act (CARES) funds. It should take about a day to install. Total Cost is $25,000 to $30,000 they will pay one third of the cost out of the Sheriff’s Budget, one third of the cost will be paid out of E-911 funds, and one third of the cost will be paid with CARES Act funds if CARES funds are available.
Commissioner Kirby moved to authorize the Sheriff to purchase a remote E-911 center for less than $30,000.00 with one third of the cost being paid from E-911 funds, one third of the cost being paid out of the Sheriff’s Budget and one third of the cost being submitted for CARES Act funding. If CARES Act funding does not contribute to the cost, the cost will be split between the E-911 and Sheriff’s Budgets. Commissioner Cossairt second. Motion passed unanimously.
Ms. Denton left the meeting at 10:37 a.m.
10:40 a.m., Commissioner Kirby moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; and 74-206(d) to consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code and (i) to engage in communications with a representative of the public agency’s risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. Commissioner Cossairt second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Kirby “aye”. Motion passed unanimously. The executive session ended at 10:55 a.m. No action was taken.
Sheriff Kramer left the meeting at 10:55 a.m.
There being no further business, the meeting adjourned at 10:55 a.m.
____________________________________
DAN R. DINNING, Chairman
ATTEST:
__________________________________
GLENDA POSTON, Clerk
By: Nancy Ryals, Chief Deputy Clerk