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County Commissioner's minutes July 2-3
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July 24, 2012 |
***Monday, July 02, 2012, Commissioners met in
regular session with Chairman Ron Smith,
Commissioner Walt Kirby and Deputy Clerk
Michelle Rohrwasser. Commissioner Dan Dinning
was out of the office tending to personal
matters.
9:00 a.m., Road and Bridge Superintendent Jeff
Gutshall joined the meeting to give the
departmental report. Mr. Gutshall presented a
written report.
Connie DeCoe-Munier, County resident Bob Olsen
and Blue Sky Broadcasting Reporter Mike Brown
also joined the meeting.
Commissioner Kirby moved to declare an emergency
disaster declaration for the high river levels
due to heavy spring precipitation. Chairman
Smith yielded the chair to second. Motion passed
unanimously.
Commissioner Kirby moved to adopt Ordinance
#2012-04. An emergency ordinance declaring a
disaster emergency. Chairman Smith yielded the
chair to second. Motion passed unanimously.
Ordinance #2012-04 reads as follows:
BOUNDARY COUNTY
EMERGENCY ORDINANCE 2012-04
DISASTER EMERGENCY DECLARATION
Kootenai River Flooding/Boating
WHEREAS, the Kootenai River in Boundary County,
Idaho is currently above flood stage due to the
high river levels and is in imminent danger of
possibly even higher water caused by the high
runoff into the Kootenai River,
WHEREAS, there is visible undercutting and
damage to the levees protecting the area
surrounding Bonners Ferry and Boundary County,
and
WHEREAS, the north side levee which protects a
residential area in Bonners Ferry; the Bonners
Ferry sewage treatment plant that services the
City of Bonners Ferry as well as the South Hill
Water and Sewer District and the North Water and
Sewer District; and the natural gas transmission
line is in imminent danger from high flood
waters; and
WHEREAS, Boundary County has exceeded its
ability and resources to provide adequate flood
fighting efforts and levee repair, and
WHEREAS, the State of Idaho has declared a
statewide disaster declaration for flooding and;
WHEREAS, the request is being made with the
endorsement of the State of Idaho for the Army
Corps of Engineers to aid the City of Bonners
Ferry and Boundary County in flood fighting,
WHEREAS, Boat traffic would further deteriorate
the banks along the Kootenai River and;
NOW THEREFORE, All non-governmental motorized
boat traffic is hereby prohibited until July 20,
2012; and pursuant to Idaho Code 31-714 any
person who violates any provision of this
Ordinance shall be guilty of a misdemeanor and
shall be punishable by imprisonment in the
County Jail for a period of time not to exceed
six (6) months, or by a fine not to exceed Three
Hundred Dollars ($300.00), or by both such fine
and imprisonment.
Dated this 29 day of June, 2012.
BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/___________________________
RONALD R. SMITH, Chairman
Absent_______________________
DAN R. DINNING, Commissioner
s/____________________________
WALT KIRBY, Commissioner
ATTEST:
s/______________________________
GLENDA POSTON, Clerk
Recorded as instrument #254403
Mr. Gutshall briefly mentioned various tasks
Road and Bridge is doing to include: finishing
most of the hauling to Pine Island Road, ongoing
crushing at the pit and durapatching. Mr.
Gutshall said the two traffic counters he
mentioned last week were not stolen after all,
but it turns out the rubber cover was cut and
thrown out. Mr. Gutshall said he assumes someone
cut the cover to see if there was copper wire
inside. Mr. Gutshall said his crew has taken
measures to avoid having the counters stolen.
Road and Bridge also worked on flood issues last
week. Mr. Gutshall said he will start hot
patching and chip sealing. Mr. Gutshall said the
consultant selection was done for the Deep Creek
Bridge #4 Project.
Those present discussed the Transportation Bill
that was passed providing another year of Secure
Rural School funds and Payment in Lieu of Taxes.
Clerk Glenda Poston joined the meeting at 9:15
a.m.
Those present discussed the Road and Bridge
budget. Clerk Poston asked whether or not Mr.
Gutshall wishes to change his budget. Mr.
Gutshall said he would like to leave his budget
as is. Mr. Gutshall discussed possibly
purchasing more oil and how that would affect
his budget. Mr. Gutshall said next year he would
like to be in the same position as he is now as
far as his budget is concerned.
9:20 a.m., Mr. Graham said recently as of late
56 is coming into the reservoir and 46 is going
out. The amount coming in should be decreasing
for a few days and the amount going out has been
consistent. Mr. Graham said there is one and
two-thirds feet of free board left before
hitting 2,460. A heavy storm is expected tonight
and more storms are coming from the west. Mr.
Graham said yesterday sustained sufficient
problems to trigger the U.S. Army Corps’
response. There was no infrastructure involved
with those breaks so the Corps couldn’t assist
until there is. Mr. Graham said there are other
districts that do have that kind of a problem,
but neither he nor the Corps has seen it yet.
Mr. Graham said he will leave here and go with
the Corps to take a look and it’s possible the
Corps will be activated.
Clerk Poston left the meeting.
Chairman Smith said the emergency Ordinance and
declaration was ratified. Someone asked who
signs for the direct assistance request for
right-of-way access and Mr. Graham explained
that Commissioners are responsible.
Mike Sheppard Jr. joined the meeting at 9:25
a.m.
Mr. Gutshall asked if the Mission Creek Bridge
is a part of the infrastructure the Corps would
be looking at. Mr. Gutshall said this is a
bridge on a County road so he’s hoping the Corps
will take a look at that.
The meeting to address the Road and Bridge
Department report ended at 9:30 a.m.
Commissioner Kirby moved to approve the minutes
of June 18 & 19, 2012 and June 25 & 26, 2012.
Chairman Smith yielded the chair to second.
Motion passed unanimously.
9:30 a.m., Mr. Sheppard joined the meeting to
request the County abandon Trading Post Road, a
County road that runs in front of the Porthill
Mercantile and Bistro. There are portions of
County lots this store sits on, according to Mr.
Sheppard. Mr. Sheppard said he’s acquired all of
the land surrounding Trading Post Road. Chairman
Smith said the County needs a descriptions of
the road to be abandoned and as well as the
land. Mr. Gutshall said we need to make sure the
abandonment does not affect the Idaho Department
of Aeronautics. Mr. Gutshall said a surveyor
needs to write up what Mr. Sheppard is
requesting. Chairman Smith informed Mr. Sheppard
that he needs to provide the Commissioners with
a request and description of what he would like
abandoned.
The meeting with Mr. Sheppard and Mr. Gutshall
ended at 9:40 a.m.
Ms. DeCoe-Munier asked Commissioners about the
status of ambulance service in the County.
Chairman Smith advised Ms. DeCoe-Munier to check
back when Commissioner Dinning is back in the
office.
Ms. DeCoe-Munier left the meeting at 9:45 a.m.
Commissioners tended to administrative duties.
Commissioner Kirby moved to appoint the
following people to the County’s Americans with
Disabilities Act (ADA) Advisory Board: Richelle
Rode with a term to expire June 2013, Karlene
Magee with a term to expire June 2014 and Mike
Weland with a term to expire June 2015. Chairman
Smith yielded the chair to second. Motion passed
unanimously.
Commissioner Kirby moved to sign the City County
Dispatch Agreement for dispatch services for
fiscal year 2012-2013. Chairman Smith yielded
the chair to second. Motion passed unanimously.
Deputy Clerk Nancy Ryals joined the meeting at
10:05 a.m.
Commissioner Kirby moved to go into closed
session under Idaho Code #31-874. Chairman Smith
yielded the chair to second. Motion passed
unanimously. 10:10 a.m. Commissioner Kirby moved
to go out of closed session. Chairman Smith
yielded the chair to second. Motion passed
unanimously.
Commissioner Kirby moved to approve indigent
application #2012-25 as per the Clerk’s
recommendation. Chairman Smith yielded the chair
to second. Motion passed unanimously.
Commissioner Kirby moved to deny indigent
application #2012-27 as the application has been
withdrawn. Chairman Smith yielded the chair to
second. Motion passed unanimously.
Deputy Clerk Ryals left the meeting at 10:10
a.m.
Commissioners tended to administrative duties.
Commissioner Kirby moved to cancel one half of
the solid waste fees totaling $56.86 for tax
year 2011 for parcel #RP61N03E152410A as the
Assessor’s Office has deemed this parcel to be a
seasonal use structure. Chairman Smith yielded
the chair to second. Motion passed unanimously.
Commissioner Kirby moved to cancel taxes
totaling $16.70 plus late fees of $.33 for tax
year 2011 for parcel #PP62N01E145558T as the
business is closed with no forwarding address
and it was a distribution warehouse that was
open briefly in 2011. Chairman Smith yielded the
chair to second. Motion passed unanimously.
Commissioner Kirby moved to go out for bid for
contractors for the Restorium Elevator Project.
Chairman Smith yielded the chair to second.
Motion passed unanimously.
10:45 a.m., Chairman Smith conducted the
quarterly inspection of the Boundary County
Jail. The inspection ended at 10:55 a.m.
Sam Fodge stopped by Commissioner’s Office to
inform them how bad the ground water is at his
property. Mr. Fodge informed Commissioners he
was instructed by the Army Corps of Engineers to
voice his concerns at the County level. Chairman
Smith informed him the City of Bonners Ferry had
declared an emergency and explained what actions
and measures have taken place so far.
Mr. Fodge said he has lakes in his yard and his
road is so saturated the trucks are having
problems. One truck came off the scales and got
stuck, according to Mr. Fodge. Mr. Fodge said he
had already put down $7,000 worth of rock on his
road this spring.
Chairman Smith said he understood the Army Corps
of Engineers was heading north to look at
affected areas as reported by Bob Olsen and Bob
Myers. Chairman Smith said he will probably
speak with Mr. Graham and the Corps when they
get back from up north.
Mr. Fodge said his pilings are 100 feet deep and
are sinking and he is afraid he is going to run
of out logs because he can’t get to them.
Chairman Smith said he will contact Mr. Graham
and the Corps to ask them to meet at
Commissioners’ Office at 1:30 p.m., to address
these issues. Mr. Fodge explained that he is
within city limits and he has fears using his
road as it could possibly break the city’s water
line.
Commissioner Kirby moved to amend the agenda for
today at 1:30 p.m., for the purpose of
discussing flood emergency issues as it relates
to Sam Fodge’s property. Chairman Smith yielded
the chair to second. Motion passed unanimously.
There being no further business, Commissioners
recessed for lunch at 11:25 a.m.
The meeting scheduled for today at 1:30 p.m.,
was rescheduled for Tuesday, July 3, 2012 at
8:30 a.m.
***Tuesday, July 03, 2012, Commissioners met in
regular session with Chairman Ron Smith,
Commissioner Walt Kirby and Deputy Clerk
Michelle Rohrwasser. Commissioner Dan Dinning
was out of the office tending to personal
matters.
8:30 a.m., Commissioners held a conference call
to include: Road and Bridge Superintendent Jeff
Gutshall, Boundary County Emergency Services
Incident Commander Bob Graham, City of Bonners
Ferry Council Member Tom Mayo, County resident
Sam Fodge, Kootenai River Inn General Manager
Tom Turpin, City of Bonners Ferry Assistant
Administrator David Sims, City of Bonners Ferry
Administrator Stephen Boorman, U.S. Army Corps
of Engineers staff Gerald Fletcher, Stephen
Miller, Leo Stull and Jerry Lynch; participating
via telephone was Boundary County Emergency
Services Director Dave Kramer; U.S. Army Corps
of Engineers Civil Engineer Cathie Desjardin,
and Bureau of Homeland Security Local Area Field
Officer Jay Baker.
Those present met to discuss matters involving
the Corps’ assistance due to the level of the
Kootenai River. Ms. Desjardin asked if the
County is comfortable with the level of Corps
representatives and if obligations are being
met. The question is if Corps staffing is
adequate or if more Corps personnel from Libby,
Montana and Seattle are needed. Mr. Graham said
that depends on what happens in District #4. If
increased activity takes place in District #4,
the County will need some help as it is a
delicate operation and a fair amount of controls
are needed. Mr. Graham said whether or not the
Corps’s current four staff members will be able
to handle it is questionable. These four Corps’
representatives will take a look at different
districts up north with Bob Olsen, who is
spokesman and coordinator for the districts
within the County. Ms. Desjardin asked for Mr.
Olsen’s phone number and explained that she has
not gotten approval for assistance for District
#4 yet as more information is needed. Mr. Graham
asked what the Corps wanted from the Border
Patrol and Ms. Desjardin said she wanted to
contact the Border Patrol to see what the
impacts would be if bridges are down.
Clerk Glenda Poston joined the meeting at 8:40
a.m.
It was suggested that Mr. Graham and the Corps
head north to see what the status is for
saturation. Mr. Graham said the River is not any
higher than the district. Ms. Desjardin asked if
there is a levy to keep Mission Creek in. It was
said the levy is north of the road so flooding
would occur beyond the road. Ms. Desjardin asked
if the Mission Creek levy would flood District
#4 and it was said the levy is north and would
protect District #4.
Mr. Graham said he would get a crew together
with the County mapper and put together items
and infrastructure problems for the Colonel.
Ms. Desjardin said the water increased from 46
to 48 yesterday afternoon and she asked if the
impacts have been seen. Mr. Graham said the
impacts have not reached Bonners Ferry yet. Ms.
Desjardin asked if Corps staff from Libby need
to come. Mr. Graham said if the river increased
six more inches, more precautions will be taken
at the Kootenai River Inn. Mr. Graham said if
the river level continues to rise, which he
understands the Libby Dam may need to release
more than six inches, it will compound the
problems, particularly with the dikes. The
Kootenai River level was 1,766.34 this morning.
This level is rising, according to Ms.
Desjardin.
Mr. Boorman said once the rock operation is
moving he will request more crew. Mr. Boorman
said he will start staking the troubled areas so
people can see if the levels are moving. Mr.
Miller said Greg Hoffman, Libby Dam Fisheries
Biologist for the Corps of Engineers, is on his
way and he will meet him at the Copeland Bridge.
High winds are expected and with the river
rising, it is not good for sloughing. Ms.
Desjardin said she just needs to get funding.
Mr. Graham said the idea of having Corps staff
doing roving on the dikes is critical as there
are more sloughs and breaks on the dike and it
is an all day job for the Corps. Mr. Miller said
a crew of nine may be needed and he listed the
positions needed. Ms. Desjardin said she would
see what she can get together and she clarified
the work would be for daylight hours only.
Mr. Turpin asked what the inflow and outflow
are. Ms. Desjardin said the inflow is 60.1
thousand cubic feet per second (kcfs) and the
outflow is 48 kcfs. Mr. Miller said the NW River
Forecast Center shows the pool elevation
2,459.25 as of 0600 hours. Ms. Desjardin said
the Libby Dam information is more accurate. Mr.
Miller said he is concerned that a publicly
accessible website has information that is that
far off.
It was asked if the level of 48 will increase
further and Ms. Desjardin said there will be a
meeting to determine that. Mr. Graham said it is
supposed to rain today and tomorrow then clear
up. Ms. Desjardin said the rain she is seeing is
supposed to be in the upper basin of British
Columbia. The University of Washington Weather
Radio will show what is going on.
Ms. Desjardin said she is more curious about the
elevation of Kootenay Lake in Canada. It was
said the level is supposed to be 1,753.61,
according to the Public Weather Service.
Ms. Desjardin asked if the County has declared
an emergency and requested help from the State.
Chairman Smith said an emergency has been
declared, but assistance from the State has not
been requested.
The conference call ended at 8:55 a.m.
Mr. Graham said taking on District #9 and having
assistance from the Idaho Transportation
Department was discussed. Mr. Graham said he got
a telephone call that if State resources are
utilized by the County, the County has to pay
50% of costs so if that is true, the County will
probably not take on the help.
Chairman Smith said he wanted to clarify that
the County is able to assist with issues taking
place outside of city limits and he explained
that Mr. Fodge had approached the County about
issues he is having. The City of Bonners Ferry
and Boundary County have both declared an
emergency. The County is looking at the
situation up north so he advised Mr. Fodge to
contact the city about issues he is having as he
is within city limits. Mr. Fodge said he will be
shut down today if the river rises as has been
stated.
Mr. Boorman said Mr. Fodge’s situation is a
tough one and he explained the culvert being
located beneath the railroad tracks. The mill
yard will be at the river’s level with another
one foot increase. Mr. Graham said he hasn’t
seen Mr. Fodge’s property and he asked if the
problem is the internal structure of business
surface water or the slough. Mr. Boorman said it
is basically the same. Mr. Fodge is at a point
of the operational level of the loaders being
essentially at river level. Sandbags cannot be
placed as that is approximately 56 acres being
close to river level. Mr. Graham said he spoke
to Mr. Kramer about that.
In year 2006 when the river level was high, Mr.
Fodge’s approach road was a big problem. At that
time, the Corps staff was with him, Mr. Fodge
and Mayor Darrell Kerby at the approach road.
Eric Winters with Corps had stated the flood
fighting program would not be able to help Mr.
Fodge’s mill. There had been a special Corps
program available at that time so if the Mayor
declared that a particular business was
important to the community and city, that road
would fall under that program and that was how
Mr. Fodge’s approach road was able to be built
up. Mr. Graham said he is not sure if that
program still exists. Mr. Fodge said his whole
yard is under water.
Mr. Graham said the City needs to contact the
Corps in Seattle to see if such a program still
exits or what it would take for the Corps to
participate in those problems.
The meeting to discuss the flood levels and
Corps staffing ended at 9:00 a.m.
Commissioners tended to administrative duties.
Commissioner Kirby moved to approve the minutes
of June 4 & 5, 2012. Chairman Smith yielded the
chair to second. Motion passed unanimously.
10:30 a.m., U.S. Forest Service District Ranger
Linda McFaddan joined the meeting to update
Commissioners on Forest Service issues. Ms.
McFaddan said she didn’t have any new
information.
Chairman Smith informed Ms. McFaddan that Jon
Meadows with the Sportsman’s Association
contacted Commissioners the other day to briefly
discuss ATV fees. Mr. Meadows had mentioned that
fees collected for ATV registration were to be
used for state and or federal programs such as
trails, etc., but he didn’t see that the funds
were being spent within the County. Ms. McFaddan
explained there is a state fund that everyone
pays into, but she believes the Forest Service
has to apply for grant funds for motorized
trails. Ms. McFaddan said if a trail is
developed with grant dollars, it has to stay
open. Ms. McFaddan said she would have to talk
to someone to find out about that program.
10:20 a.m., Commissioners placed a telephone
call to Jon Meadows.
Chairman Smith explained to Mr. Meadows that
Commissioners were in a meeting with the
District Ranger and wanted to offer him a chance
to clarify his question about ATV fees.
Mr. Meadows asked where the fees for ATV’s are
going as he knows there are state funds and
federal funds. Ms. McFaddan said the state funds
go into a fund and the Forest Service can apply
for a grant to improve or work on motorized
trails. The Forest Service receives little money
to maintain trails, according to Ms. McFaddan.
Most trail work is done with volunteers and a
very small work force. If trails are maintained,
there is little money to do that. Ms. McFaddan
said in this particular district, the Forest
Service doesn’t have a lot of motorized
opportunities due to bear management units and
wildlife issues. Motorized trails are
concentrated in the Brush Lake and Deer Creek
areas. The Forest Service tries to do what they
can in those areas, but there are very limited
funds to do that, according to Ms. McFaddan.
Mr. Meadows said in Washington State a lot of
work is done so the funds must come from
somewhere. Ms. McFaddan said a lot of it has to
do with issues we have to deal with in this
district. Ms. McFaddan said she would be happy
to meet with Mr. Meadows or the Sportsman’s
Association along with the Forest Service’s
recreation technician to talk about this
further.
The call with Mr. Meadows ended at 10:25 a.m.
Ms. McFaddan said the Forest Service has been
gathering data for timber sale projects such as
Twenty Mile. Staff is out in the field and
getting ready to get this information together
to do environmental analysis in the winter. Ms.
McFaddan said a lot of Forest Service
firefighters are fighting fires in Colorado and
she explained the work-rest guidelines to
follow.
Chairman Smith asked if water is causing the
Forest Service problems. Ms. McFaddan spoke of
repairs needed associated with Myrtle Creek in
order to gain access to the snow line. There has
been a lot of rain in a very short period of
time, which makes situations unstable, according
to Ms. McFaddan.
Chairman Smith spoke of the issues with the
river and the dikes.
The meeting with Ms. McFaddan ended at 10:40
a.m.
Commissioners tended to administrative duties.
11:05 a.m., Commissioners addressed the
volunteer list for the July 4th fireworks event.
Commissioner Kirby moved to approve the
volunteer list for the July 4, 2012 celebration
as provided by Gary Leonard and Stephen Boorman.
Chairman Smith yielded the chair to second.
Motion passed unanimously.
11:15 a.m., Boundary County Emergency Services
Incident Commander Bob Graham joined the meeting
to inform Commissioners that Boundary County
needs to request assistance from the State of
Idaho and he briefly explained what is involved
with requesting assistance.
Mr. Graham left the meeting.
Commissioners recessed for lunch at noon.
1:30 p.m., Waterways Board Member Mike Naumann
and Clerk Glenda Poston joined the meeting to
discuss the status of the Waterways Building
addition.
Mr. Naumann said the County had applied for an
amended grant, but then was denied the amendment
to help build an addition to the existing
Waterways Building. The State of Idaho
Department of Parks and Recreation did offer a
contingency in that there is a 50% grant match.
The original grant still stands and a one year
extension had been awarded.
Chairman Smith said the other funds amounts to
$19,000 along with the County’s match. There is
also approval for $2,850 with a 100% match,
according to Mr. Naumann. The amount to come
from the State is $19,000 plus an additional
$2,850. The amount offered from the State is
$21,850 and the County will have to match the
same amount.
Clerk Poston said some of the County’s grant
match will be in the form of in-kind work. B.F.
Builders’ original bid amount was $29,500 and
after necessary changes were made, an additional
cost of $12,000 was added for an overall total
of $41,500. It was said there is a guarantee the
funding will be available.
Clerk Poston explained the scenario of events
pertaining to this bid. The Waterways Board
would like to put this project out to bid again,
according to Mr. Naumann. Mr. Naumann said now
that the amount from the State is certain, he is
ready to go out for bids again. The scope of
work will change a bit as the addition will be
wood framed rather than a pole building and the
floor will be kept as concrete.
The meeting with Clerk Poston and Mr. Naumann
ended at 1:40 p.m.
Boundary County Emergency Services Incident
Commander Bob Graham and Bureau of Homeland
Security Local Field Officer Jay Baker joined
the meeting.
Commissioner Kirby moved to request the State of
Idaho declare an emergency in support of
Boundary County’s emergency declaration due to
the high water levels of the Kootenai River.
Chairman Smith yielded the chair to second.
Motion passed unanimously.
The meeting with Mr. Graham and Mr. Baker ended.
There being no further business, the meeting
adjourned at 2:00 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk |
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