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Monday, May 30, 2011,
Commissioners did not meet due to the Memorial
Day holiday.
Tuesday, May 31, 2011,
Commissioners met in regular session with
Chairman Ron Smith, Commissioner Dan Dinning,
Commissioner Walt Kirby, and Deputy Clerk
Michelle Rohrwasser.
9:00 a.m., Commissioners held an
elected officials/department heads meeting.
Present were: Clerk Glenda Poston,
Restorium
Administrator Karlene Magee, Extension Office
Bookkeeper Angela Tucker, Noxious Weeds
Superintendent Duke Guthrie, Courthouse
Maintenance Jerry Kothe, Solid Waste
Superintendent Claine Skeen, Extension Office
Educator Jennifer Jensen, Chief Deputy Assessor
Ken Carpenter, Chief Probation Officer Stacy
Brown, and Road and Bridge Superintendent Jeff
Gutshall.
Commissioners mentioned the
only topic to discuss was the upcoming budget.
Clerk Poston said all budgets have been turned
in to her. Chairman Smith said Commissioners
probably won’t contact other departments or
offices to go over their budgets unless
something needs clarification. Chairman Smith
explained the process that used to be followed
in preparing department budgets.
The elected
officials/department heads meeting ended at
9:10 a.m.
9:29 a.m., Linda McFaddan, District
Ranger for the Bonners Ferry Ranger District,
joined the meeting.
Commissioner Dinning moved
to release the payment bonds associated with the
Energy Efficiency and Conservation Block Grant
(EECBG) as the grant is in the process of being
closed out and the work has been completed and
approved. Commissioner Kirby second. Motion
passed unanimously.
Commissioner Kirby moved to
adopt Resolution 2011-27. A resolution of the
Board of County Commissioners of Boundary
County, Idaho; approving Professional Service
Agreement for Boundary County civil legal
counsel; incorporating all prior referenced
professional service agreements for civil legal
services not in conflict; and setting forth
amended and modified terms; establishing
effective date of agreement; and effective date
of this resolution. Commissioner Dinning second.
Motion passed unanimously. Resolution 2011-27
reads as follows:
RESOLUTION NO.
2011-27
BOUNDARY COUNTY,
IDAHO
TITLE:
A RESOLUTION OF THE BOARD OF
COUNTY
COMMISSIONERS
OF
BOUNDARY COUNTY,
IDAHO;
APPROVING
PROFESSIONAL
SERVICE
AGREEMENT
FOR
BOUNDARY
COUNTY
CIVIL LEGAL COUNSEL; INCORPORATING ALL PRIOR
REFERENCED PROFESSIONAL SERVICE AGREEMENTS FOR
CIVIL LEGAL SERVICES NOT IN CONFLICT; AND
SETTING
FORTH
AMENDED AND MODIFIED TERMS; ESTABLISHING
EFFECTIVE DATE OF AGREEMENT; AND EFFECTIVE DATE
OF THIS RESOLUTION
WHEREAS:
Boundary County, Idaho, a political subdivision
of the State of Idaho, is governed by the Board
of County Commissioners, having previously
beginning in 2002 determined the need for
independent and supplemental civil legal
services; and,
WHEREAS:
Boundary County, Idaho, has entered into
a series of such Agreements for professional
services of civil legal counsel, and the
appointment and designation of Civil Counsel,
which have been amended and modified,
incorporating non-conflicting portions; and,
WHEREAS:
The Board of County Commissioners have
made all necessary findings of the necessity of
such civil counsel services which are continuing
and reaffirmed by the approval and acceptance of
the Professional Service Agreement approved and
adopted herein which is attached hereto and
incorporated in its entirety herein; and,
WHEREAS:
The Board of County Commissioners have
determined that such an agreement, services, and
the expenditure of funds is a necessary and
ordinary expenditure, and should continue under
the terms of the attached Agreement; and,
WHEREAS:
PHILIP H. ROBINSON, Attorney at Law, has
been designated Civil Counsel for Boundary
County since July, 2007, and will continue to be
Civil Counsel for Boundary County under the
extended, amended, and modified Professional
Service Agreement which is the subject of this
Resolution, which is deemed and determined to be
in the best interest of Boundary County.
NOW,
THEREORE, BE IT RESOLVED THAT:
The Board of County Commissioners of
Boundary County,
Idaho,
pursuant to the authority and power granted by
Idaho Code, does hereby declare and reaffirm
that the designation and employment of separate
civil legal counsel
is in the public interest and is a
reasonable and necessary expenditure
BE IT
FURTHER RESOLVED THAT:
The Board of County Commissioners shall
sign, execute and deliver the Professional
Service Agreement attached hereto and
incorporated in its entirety herein by reference
providing for the continued designation of
Philip H. Robinson, Attorney at Law, as Civil
Counsel for Boundary County.
BE IT FURTHER
RESOLVED THAT:
The Clerk of the Board of County
Commissioners shall attest such signatures of
the parties to such Agreement.
BE IT FURTHER
RESOLVED THAT:
The terms and provisions of this
Agreement shall become effective as set forth
therein.
BE IT FURTHER
RESOLVED THAT:
This Resolution shall be in full force
and effect upon its adoption by the Board of
County Commissioners of Boundary County, Idaho,
in a regular meeting of the Board, on the date
set forth below.
ADOPTED
AND
APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF
BOUNDARY COUNTY,
IDAHO
on the 31st day of May, 2011.
s/______________________________________
RONALD R. SMITH, Chairman
s/______________________________________
DAN R. DINNING, Commissioner
s/______________________________________
WALT KIRBY, Commissioner
ATTEST:
CLERK TO BOARD
OF
COUNTY
COMMISSIONERS:
s/_______________________________________________
CLERK /DEPUTY
CLERK
Recorded as
instrument #250842
Clerk’s Note:
The agreement can be found attached to the
original resolution located in the Clerk’s
Office.
Commissioner Kirby moved to
sign the Professional Services Agreement with
Attorney Phil Robinson for the period of
October 1, 2011 through January 15, 2014. Commissioner Dinning
second. Motion passed unanimously.
9:30 a.m., Ms. McFaddan said this
time of year the Forest Service is providing a
lot of training to new employees. The Forest
Service is sending employees out of State on
fire assignments in Texas
this past month, but otherwise there is not much
activity this time of year, according to Ms.
McFaddan. Ms. McFaddan said this is Forest
Supervisor, Ranotta McNair’s last week with the
Forest Service and Deputy Forest Supervisor
Maggie Pittman will fill the position while the
Forest Service goes through the outreach and
selection process. Ms. Pittman is good to work
with, according to Ms. McFaddan.
Ms. McFaddan said the next
Resource Advisory Committee (RAC) meeting will
be held on June 17, 2011. Ms. McFaddan said the Forest
Service is going to try to cut back on the
amount of funding usually requested. Ms.
McFaddan mentioned cutting back 15% to 25% of
previous requests. RAC funds have to be
obligated by the end of September. Ms. McFaddan
said there is one more Secure Rural Schools
(SRS) payment due in February for RAC funds.
Clerk Glenda Poston joined
the meeting at
9:45 a.m.
Those present discussed the
resolution to allocate percentages for SRS funds
that is adopted in September and questioned
recalling that more funds may be received than
otherwise thought.
The meeting with Ms.
McFaddan and Clerk Poston ended at
9:55 a.m.
Commissioners tended to
administrative duties.
Commissioner Dinning moved
to adopt Resolution 2011-28. A resolution
ratifying a Local Disaster/Emergency
Declaration. Commissioner Kirby second. Motion
passed unanimously. Resolution 2011-28 reads as
follows:
RESOLUTION
2011-28
RATIFYING LOCAL
DISASTER/EMERGENCY DECLARATION
WHEREAS,
Boundary County has experienced heavy snowfall
during the 2010 winter season and has continued
experiencing heavy snow and precipitation
throughout this 2011 spring season, and
WHEREAS, due to
this excessive precipitation, it is anticipated
that Boundary County has a potential for
flooding on the Moyie River, side drainages, and
small streams, which could cause damage to
property and structures, and
NOW, THEREFORE,
be it resolved, that the Board of County
Commissioners of
Boundary
County,
State of
Idaho,
has hereby declared an emergency, and the
aforementioned declaration is ratified by this
resolution.
DATED at Bonners
Ferry, State of
Idaho,
this 31st day of May, 2011.
BOUNDARY
COUNTY
BOARD OF COMMISSIONERS
s/______________________________
RONALD R. SMITH, Chairman
s/______________________________
DAN R. DINNING, Commissioner
s/______________________________
WALT KIRBY, Commissioner
ATTEST:
s/___________________________________________________
GLENDA POSTON,
Clerk of the Board of
County
Commissioners
By: Michelle
Rohrwasser, Deputy
Recorded as
instrument #250779
10:05
a.m., Phil Allegretti with Panhandle
Pest Control joined the meeting.
Commissioner Kirby moved to
approve the minutes of May 23 & 24, 2011.
Commissioner Dinning second. Motion passed
unanimously.
Chairman Smith informed
Commissioners that Inland Forest Management
President Mike Wolcott contacted him about a
grant application through the Idaho Department
of Lands for hazardous fuels treatment purposes.
The grant amount is $83,000, according to
Chairman Smith. The paperwork had to be signed
as soon as possible due to the grant application
deadline.
Commissioner Dinning moved
to amend the agenda to include signing the Idaho
Department of lands grant application for
hazardous fuels treatment as it is a matter that
is time sensitive. Commissioner Kirby second.
Motion passed unanimously.
Commissioner Dinning moved
to authorize the Chairman to sign the Idaho
Department of Lands grant application totaling
$83,000 for hazardous fuels treatment.
Commissioner Kirby second. Motion passed
unanimously.
10:06
a.m., Mr. Allegretti met with
Commissioners to update them on information
associated with testing mosquito species for the
West Nile Virus. Mr. Allegretti said
Gem County
is going to speciate mosquitoes for
Boundary
County. Mr. Allegretti said there is
an $18 lab charge for this process that will be
covered by the agreement, but he may able to
have the processing done at no cost at all. The
State will provide Gem
County
with test kits and
Boundary County
will send the mosquitoes to
Gem County
where they will be tested. Mr. Allegretti said
he is going to send in three traps instead of
four, but he may set out more traps in
Boundary
County out of curiosity.
Commissioner Dinning asked
if the Wildlife Refuge could contribute towards
relief. Mr. Allegretti said if the Wildlife
Refuge floods their fields early for ducks, it
could cause a problem, but the Refuge does use
organic insecticides. Mr. Allegretti and
Commissioners discussed approaching the Refuge
for financial assistance. Commissioner Dinning
mentioned using an organic treatment that is not
harmful to anything else and how it will help
the cause to raise awareness. Mr. Allegretti
said the Refuge could also plant mosquito fish
in the water to eat the mosquito larvae. These
fish are put into ponds containing cattails,
according to Mr. Allegretti. Mr. Allegretti said
he still has the old permits that were issued to
be able to use these fish.
Commissioner Dinning moved
to sign the Independent Contractor Agreement
with Phil Allegretti of Panhandle Pest Control.
Commissioner Kirby second. Motion passed
unanimously.
Mr. Allegretti said he may
possibly start placing traps out this weekend.
Mr. Allegretti left the
meeting at 10:30
a.m.
Commissioners discussed
various agreements for renewal. Commissioners
discussed the Public Defender’s Contract and
considered a provision for automatic renewal.
Commissioners said the contract will not include
a cost of living increase as increases cannot be
offered to other county employees.
Commissioner Kirby moved to
sign the Agreement with the
Seniors
Hospitality
Center for the 2011 passenger bus.
Commissioner Dinning second. Motion passed
unanimously.
Commissioners discussed a
matter involving an old filing cabinet and the
question of whether or not this is still a piece
of county equipment.
Commissioners recessed for
lunch at 11:15
a.m.
2:00 p.m., Commissioners
reconvened for the afternoon session with
Chairman Smith, Commissioner Dinning,
Commissioner Kirby, and Deputy Clerk Michelle
Rohrwasser.
2:00 p.m., Commissioners held a bid
opening for chloride dust palliative materials
for the Road and Bridge Department. Present
were: Chairman Smith, Commissioner Dinning,
Commissioner Kirby, Deputy Clerk Michelle
Rohrwasser, and Road and Bridge Superintendent
Jeff Gutshall. The bid opening was recorded.
Chairman Smith said the
only sealed bid received was from Oxford Inc.
The bid included a public works contractor’s
license, liability insurance certificate, and a
bid bond in the amount of 5% of the total amount
bid. The Oxford Inc. bid is for 120 tons of CaCl
Mini-Pellets at a cost of $409 per ton for an
overall total bid of $49,080. Mr. Gutshall said
that bid amount is fine and he has budget for
it. Mr. Gutshall recommended Commissioners
accept the bid from Oxford Inc.
Commissioner Dinning moved
to accept the bid from Oxford Inc., of $49,080
for 120 tons of CaCl mini-pellets for the Road
and Bridge Department. Commissioner Kirby
second. Motion passed unanimously.
Bid opening ended at 2:05 p.m.
Mr. Gutshall presented a
Road and Bridge Department report. No written
report was presented. Those present discussed
the projects to repair the three roads, Deep
Creek Loop, Westside
Road, and Fleming
Creek, that sustained damage due to heavy spring
precipitation.
Mr. Gutshall said he heard
from Jim Roletto with David Evans and Associates
that the Forest Highway
representatives said they were excited to work
on the Westside project. Mr. Gutshall explained
that Mr. Roletto used to work for the Idaho
Transportation Department (ITD), but now is a
consultant for David Evans and Associates. Mr.
Gutshall said as a county, the
Westside Road is too
big of a project to do on its own.
Those present discussed
issues with poor visibility at the junction of
Deep Creek Loop and Highway 95. Mr. Gutshall
said a property owner immediately to the south
of this intersection is going to relocate his
fence to improve visibility.
Mr. Gutshall said he has
approximately one or two culverts left to
install on the Farm to
Market Road in
addition to needing six or seven days to finish
graveling before that section of road will be
done. Mr. Gutshall said he would eventually like
to get a portion of the road near the Houck
property into the chip seal program. Mr.
Gutshall said he has ditched
Fawn Lane so he is
waiting for the next step.
Mr. Gutshall said he spoke
to Steve McNulty with Transcanada Gas Systems
about working on the gas line on the
Meadow Creek/Moyie River Road.
The meeting with Mr.
Gutshall ended and Commissioners tended to
administrative duties.
3:00 p.m., Boundary County
Emergency Services Director Dave Kramer,
Incident Commander Bob Graham, Bureau of
Homeland Security Local Area Field Officer Jay
Baker, and Road and Bridge Superintendent Jeff
Gutshall met with Commissioners. City of
Bonners Ferry City Council
member Tom Mayo and Mike Weland also joined the
meeting.
Mr. Baker said due to his
communications last week he wanted to address
the issue of the decision that the President did
not include Boundary
County
in an emergency declaration. Chairman Smith said
he read the newspaper article and that is not
the information he informed the newspaper
reporter of. Mr. Baker said he spoke to the
Bonners Ferry Herald representative to clear up
the matter. Mr. Baker presented a synopsis of
what has occurred.
Mr. Baker said an incident
period for mudslides and landslides was
identified as the dates of March 21st
through
April 11, 2011. Infrastructure
identified as sustaining damage during that time
frame was included in the declaration. The
Governor declared in support of
Boundary
County along with six other
counties, according to Mr. Baker. The initial
rapid damage assessment indicated the
eligibility state for countywide assistance may
have been reached.
The
Federal Emergency Management Agency (FEMA) and
State of Idaho
conducted a local preliminary damage assessment,
which was done in April. Three sites were
identified and assessed in
Boundary County
and it was determined at that time that
Boundary
County met the economic impact
threshold for the damage declaration. Mr. Baker
said in turn, the Governor asked the President
to make a major disaster declaration in support
of Idaho’s
qualified counties. All documents were forwarded
to FEMA Region 10 who coordinated with the
Federal Highways Administration on the sites
involved. Federal Highways has looked at two of
the sites, Deep Creek Loop and
Westside Road, and
determined they had responsibility for those
roads. Once another federal agency has
responsibility for those repairs, FEMA cannot
participate in those sites and that removed
those two roads from the overall damage leaving
only Fleming Creek. On the joint damage
assessment it was determined debris removal will
cost $3,000 and surface material will cost
$16,000 at Fleming Creek. Since Fleming Creek is
the only road that qualified,
Boundary
County’s economic threshold was no
longer met. This was determined after the
Governor had requested including
Boundary
County and the President declined
it. When this type of information comes back the
reason isn’t disclosed. At this point
Boundary County
is not included in that major Presidential
disaster declaration, according to Mr. Baker. If
there had been other damages identified during
that incident period that were not assessed
during that initial damage assessment, Boundary
County can request the field office come back
out to conduct another assessment. Mr. Gutshall
said he can only come up with the minor sliding
that happened on
Westside Road. The
water damage across
Meadow Creek Road is
just a water issue, according to Mr. Gutshall.
Mr. Baker said unless other damages are
identified, Boundary
County will not be included in the
declaration.
Chairman Smith asked Mr.
Gutshall for the status of Deep Creek Loop and
Westside Road
and Mr. Gutshall said he doesn’t have any
information yet. Mr. Baker said Federal Highways
deals directly with Road and Bridge so he
wouldn’t know the status. Mr. Gutshall said
Federal Highways is responsible for bridges and
counties, but it doesn’t mean repairs will be
done tomorrow or within the year. Those present
discussed mitigation measures and Commissioner
Dinning asked if more than mitigation work would
be done to the roads if they had been included
in the declaration. Mr. Baker briefly explained
the process of mitigation and added that he
doesn’t want to say what will or won’t be done.
Commissioners and those
present discussed the river levels. Mr. Graham
said the elevation at Libby Dam at the pool is
2,367 and 91 feet is remaining before the pool
is filled. Mr. Graham said the outflow is 23,000
cubic feet per second (cfs), but the inflows are
37,300 cfs so water is filling faster than it is
put out. Mr. Graham said the
Kootenai
River level is 60.59 as of today.
The closest gauge is at the Kootenai Tribe fish
hatchery so roughly three rivers and a few
streams are adding approximately 15,000 cubic
feet of water and that is fairly significant
information. Mr. Graham presented information
from the National Weather Service. The River
Forecast Service out of
Portland
paints Boundary
County
in a very different picture than the Northwest
Weather Service. Mr. Graham said he had a
conference call at with the National Weather
Service and was told today through Thursday
there will be significant rain and cooler
temperatures, but that should settle down
Friday. Mr. Graham said all agree these forecast
centers are missing what is happening up north.
Today the Weather Service had radar pictures for
north of the Canadian River
system that is color coded for moisture. Mr.
Graham said he, Mr. Baker, and Mick Shea with
the Libby Dam agreed the
Forecast Center
isn’t reading the Canadian reports properly. For
the entire month of May, snow should have been
decreasing, but snow has been gaining. Mr.
Graham said this year the time of when the high
level and mid level snow melts keeps
compressing. If
Boundary County
gets warm weather this weekend we will see
effects of that soon. If rivers get this water
coming down at the same time as the high level
snowmelt, the worst is yet to come. Mr. Graham
said he estimates the effects will probably hit
one week from Thursday. Mr. Graham informed
Commissioners he would not be available next
Monday through Thursday. Commissioner Dinning
said looking ahead in the next week for planning
purposes, two members of Emergency Services will
be gone and if there is a emergency situation,
he will be the only Commissioner available. Mr.
Graham said Sheriff Sprungl would take over for
Emergency Services. Commissioner Dinning will
contact Sheriff Sprungl and Mr. Baker if there
is an emergency.
Mr. Graham and those
present discussed the condition of the
Kootenai
River dikes. Chairman Smith
mentioned the work done to temporarily repair
the rock face area along the River. Chairman
Smith said if these repairs were done properly
there shouldn’t be a problem in the area of the
Fodge property. Chairman Smith questioned what
problems would properties be faced with other
than seepage. It was said if properties are
sustaining that kind of damage, there is nothing
that can be done. Mr. Graham said there is very
little to protect farmers from surface water,
but the County can help with dike problems. If
the Kootenai
River increases to 1764, farmers
will sustain a big hit. If the river dikes are
having problems, than the County can assist with
dozers, sandbagging, etc., and the Corps of
Engineers can also provide assistance at that
point. Mr. Graham said the Corps of Engineers
said if dikes are not brought up to standards
they can’t help with flood mitigation, but flood
fighting is a different thing and the Corps of
Engineers have been more than willing to jump in
and help in flood fighting. Mr. Graham said
10,000 sandbags have already been put out this
season.
Commissioner Dinning said
if there is a dike that sloughs into the River
and there is a potential for problems in that
district, the Corps of Engineers will assist
with that, except for just general maintenance.
Mr. Graham said that is correct. Mr. Graham said
the work the Corps of Engineers did was done
well and it should hold for a long time, but it
is considered temporary.
Commissioner Dinning
questioned what problems are to be anticipated
and Mr. Graham said surface water for farmers
will be the biggest problem. Mr. Graham said
last week surface water hadn’t come up near the
Moyie River.
Chairman Smith asked Mr. Baker to clarify to
General Bill Shawver the article that was
written on the subject of the disaster
declaration in the Bonners Ferry Herald as the
Herald was not told the listing went to the
President and Boundary
County was not on the list.
Mr. Baker said prediction
models that come out of the Northwest Weather
Service are predictions for the first three days
and after that information is called models.
Commissioner Dinning said he would check the
charts to see what the projections are.
Commissioner Dinning said
Canada
does not have adequate snowtel sites and that
issue was brought up in year 2006 with
guarantees something would be done about it. Mr.
Graham said he gets Natural Resource
Conservation Service, National Weather and
Climate Center (NRCS), information daily and the
State Director for the NRCS Snowtel site came
out with predictions one months ago that
bothered him. Mick Shea with the Libby Dam
Operations and the State director had different
information, but it was the State prediction
that was off. There were four snowtel sites on
the Westside of the
Kootenai
River and all four were at a record
high for precipitation. Mr. Graham said all
snowtel sites could be considered. Commissioner
Dinning asked if there are snowtel site sin
Canada
and Mr. Graham said yes, but not very many.
Commissioner Dinning asked what the appropriate
process is to apply pressure on that fact.
Commissioner Dinning said with today’s
technology, the sites should be used. Mr. Graham
said he still feels the worst of the conditions
are yet to come.
The meeting with Mr.
Graham, Mr. Baker, and Mr. Kramer ended at
3:45 p.m.
3:45 p.m., Clerk Glenda Poston and
Courthouse Custodian Jim Thompson joined the
meeting. Those present discussed quotes Mr.
Thompson received for having the Extension
Office carpet cleaned. One quote came in at
$381.68 and the second quote came in at $400.12.
Chairman Smith suggested omitting the service
for carpet protector since only one quote
included that to see how the quotes compared.
Commissioners questioned the use of carpet
protector. Commissioner Dinning said Mr.
Thompson should get back to he one vendor to
have the carpet protector included.
Commissioners asked what budget this cost would
come out of. Clerk Poston listed line items
under the Courthouse budget to include cleaning
and janitorial. Clerk Poston said 78% of those
funds have been used, but there are funds in the
repairs and maintenance, buildings line items.
Commissioner Dinning said he didn’t know if
Courthouse Maintenance has committed any of
those funds. Mr. Thompson said he would contact
the vendor who didn’t include carpet protector
to have that included.
Mr. Thompson said he has
been having a problem with his supplies
disappearing as they are stored in the
downstairs’ men’s restroom. Commissioners said
Mr. Thompson doesn’t need to keep some of the
supplies in that room.
Clerk Poston and Mr.
Thompson left the meeting at
4:00 p.m.
4:00 p.m., Commissioners contacted
Mr. Griner via telephone to discuss his
daughter’s delinquent property taxes. Mr. Griner
said his daughter has been incarcerated and he
would like to pay her taxes, but he would
appreciate some sort or relief in the amount
owed. Mr. Griner said he would like to take care
of these taxes so his daughter has something to
come back to. Commissioner Dinning informed Mr.
Griner the 2008 taxes are the taxes that put the
property in jeopardy if Mr. Griner would like to
pay those or Commissioners could work out a
payment plan. Mr. Griner said he would just like
to take care of the entire balance to bring
everything current from year 2008 through year
2010.
4:01p.m.,
Chief Deputy Sue Larson joined the meeting to
present Commissioners with updated tax figures.
Commissioner Dinning informed Mr. Griner the new
amount owed due to additional interest totals
$1,352.92. Mr. Griner said he isn’t sure what he
plans to do.
The call with Mr. Griner
ended at
4:15 p.m.
/s/
RONALD R. SMITH, Chairman
ATTEST:
/s/
GLENDA POSTON, Clerk
By: Michelle Rohrwasser,
Deputy
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