County Commissioner's minutes July 2-3
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