was commissioner stan leach and commissioner carole ......and case #012811 -22 denied cases #020711...

12
COMMISSIONERS PROCEEDINGS April 4, 2011 The Board of County Commissioners met in special session pursuant to recess of March 28, 2011. Chairman Don Ebert called the meeting to order at 8: 05 A. M. Roll Call. Also present was Commissioner Stan Leach and Commissioner Carole Galloway. Minutes and reports received, reviewed and placed on file: Treasurer / Auditor Joint Quarterly Report; Salary claims for the period of 2/ 2/ 11 to 3/ 19/ 11 were approved and paid in the following amounts: Current Expense - $ 52, 333. 59; Road and Bridge - $ 32, 108. 69; Ambulance - 14, 867. 10; Consolidated Elections - $ 867. 74; Court- $ 10, 982. 48; Justice Sheriff - $ 58, 511. 30; Justice Jail- $ 16, 088. 72; Justice Prosecuting Attorney - $ 15, 492. 10; Social Services- $ 2, 310. 40; Revaluation - $ 9, 139. 21; E- 911 - $4, 450. 47 Solid Waste - $ 6, 868. 18; Weed Control- $1, 892. 40; Waterways- $ 2, 743. 70. Total payroll expenses were $ 228, 656. 07. Agenda Changes: Commissioner Leach made the motion to add to the agenda in good faith effort for Emergency Manager Don Gardner to provide an update on the flood emergency. Chair seconded motion, all voted yes motion passed unanimously. New / Ongoing / Other Business: BOCC approved and signed expense and payroll claims. Assessor Mellisa Stewart dropped in to see if the BOCC made a decision on the admin fees for DMV. The fees are split between $ 2. 50 mail out fee and $ 4. 50 admin fees. The Assessor asked for a change in the fee structure. The DMV staff informed the public that the mail out fee doesn' t have to be paid and gave refunds. The DMV staff suggested shifting the fees all over to the administrative fees and drop the mail fee. Commissioner Leach suggested that the fees need to remain the same in order to cover the office operations. The State set the admin fees in order for the County to cover operation costs. Chair Ebert suggested holding a hearing the fee changes. No decision was made. At 8: 15 A. M., a motion was made by Commissioner Leach to hold an executive session to discuss personnel with Mellisa Stewart, seconded by Commissioner Galloway. Chair Ebert declared the Board to be in executive session as authorized by Idaho Code 67- 2345( 1) ( a), to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code. Chair, Aye; Commissioner Leach, Aye; Commissioner Galloway, Aye; motion carried unanimous. No decision was necessary. Ambulance Director Les Eaves provided an update on State EMS. The yearly inspection on the Clearwater Ambulance was completed by the State and they passed. The Physicians Medical Directors duties for the local EMTs advisory positions were discussed. The State reviewed the skills of the advanced EMTs for intubation of victims. The State found the skills of the advanced EMTS is good enough to keep the certification. Commissioners' Meeting Minutes April 4, 2011 Page 1

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Page 1: was Commissioner Stan Leach and Commissioner Carole ......and case #012811 -22 denied cases #020711 -25. Approved and signed Clerk's Statements on case #022411 -28; Approved and Signed

COMMISSIONERS PROCEEDINGSApril 4, 2011

The Board of County Commissioners met in special session pursuant to recess of March 28, 2011. Chairman Don Ebert called the meeting to order at 8: 05 A. M. Roll Call. Also present

was Commissioner Stan Leach and Commissioner Carole Galloway.

Minutes and reports received, reviewed and placed on file: Treasurer /Auditor Joint QuarterlyReport;

Salary claims for the period of 2/ 2/ 11 to 3/ 19/ 11 were approved and paid in the followingamounts: Current Expense - $52, 333. 59; Road and Bridge - $32, 108.69; Ambulance -

14, 867. 10; Consolidated Elections - $867.74; Court- $10, 982.48; Justice Sheriff - $58, 511. 30; Justice Jail- $16, 088. 72; Justice Prosecuting Attorney - $15,492. 10; Social Services- $2, 310.40; Revaluation - $9, 139. 21; E- 911 - $4,450.47 Solid Waste - $6, 868. 18; Weed Control- $1, 892.40; Waterways- $2, 743.70. Total payroll expenses were $ 228,656. 07.

Agenda Changes: Commissioner Leach made the motion to add to the agenda in good faith

effort for Emergency Manager Don Gardner to provide an update on the flood emergency. Chair seconded motion, all voted yes motion passed unanimously.

New /Ongoing /Other Business: BOCC approved and signed expense and payroll claims.

Assessor Mellisa Stewart dropped in to see if the BOCC made a decision on the admin fees

for DMV. The fees are split between $ 2. 50 mail out fee and $ 4. 50 admin fees. The

Assessor asked for a change in the fee structure. The DMV staff informed the public that the

mail out fee doesn' t have to be paid and gave refunds. The DMV staff suggested shifting thefees all over to the administrative fees and drop the mail fee.

Commissioner Leach suggested that the fees need to remain the same in order to cover

the office operations. The State set the admin fees in order for the County to cover operationcosts. Chair Ebert suggested holding a hearing the fee changes. No decision was made.

At 8: 15 A.M., a motion was made by Commissioner Leach to hold an executive session to

discuss personnel with Mellisa Stewart, seconded by Commissioner Galloway. Chair Ebert

declared the Board to be in executive session as authorized by Idaho Code 67- 2345( 1) ( a),

to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho

Code. Chair, Aye; Commissioner Leach, Aye; Commissioner Galloway, Aye; motion carriedunanimous. No decision was necessary.

Ambulance Director Les Eaves provided an update on State EMS. The yearly inspection on

the Clearwater Ambulance was completed by the State and they passed. The Physicians Medical Directors duties for the local EMTs advisory positions were

discussed. The State reviewed the skills of the advanced EMTs for intubation of victims. The

State found the skills of the advanced EMTS is good enough to keep the certification.

Commissioners' Meeting Minutes April 4, 2011 Page 1

Page 2: was Commissioner Stan Leach and Commissioner Carole ......and case #012811 -22 denied cases #020711 -25. Approved and signed Clerk's Statements on case #022411 -28; Approved and Signed

The rules for education were reviewed. The changes will create more work by theindividual agencies on education. The local advisory physicians may be more involved intraining. The educators will have more requirements in the training. The State is creatingstricter guidelines.

The State EMS Chiefs are pushing the legislature on EMS rule changes to be dropped. They are working hard on stopping it.

The transfer ambulance is due to be replaced. Eaves suggested applying for the StateEMS funding that is made available annually. He would like to replace the older Ford for anewer Ford F -350 size diesel. The consensus is for Mr. Eaves applies for the State EMSDedicated Funds to replace the oldest ambulance.

Prosecutor Clayne Tyler met with BOCC to review the MOU for the land exchange for theState Land to the County then on to Essentia. Chair is researching the information.

Tyler explained that over the weekend the weather brought high rains and concern withflooding and damages from slides. The road supervisor tried to contact the BOCC over theweekend and

Also an appeal received from Garry Jones the Attorney for Ed Shinn on the P &Z decision. The attorney ordered a transcript of the P &Z hearing and copy of records of the VAR andFinal Plat Application. The appeal process deadline has been met. There is a 15 daydeadline to reply to the appeal.

Tyler advised that Commissioner Galloway has to recuse herself from the hearing since itis a conflict of interest. The new hearing by the BOCC on the application she will also haveto be recused because of the "quasai judicial" decision making process. The VAR application

is a decision made by the P &Z Commission then the subdivision application is heard by themand they make a recommendation to the BOCC on it. Then the final decision for thesubdivision is made by the BOCC. The appellant' s attorney appealed the decision by P &Z onthe VAR and recommendation on the Final Plat Subdivision. The BOCC will set as the

appellant board on the Variance on the P &Z Commission decision. No new testimony ispresented on the original information.

Appeal is based on the area that the variance granted was not based on proper law andthe appeal of the access easement is not for a subdivision. The easement is only for a singleresidence. The language of the easement is part of the record. The process of the P &ZCommission was not appealed.

The information given by Clayne Tyler today is for giving notice of the appeal to the BOCCon record and review the process. Chair clarified that this is only for information on theappeal and the procedure to hear it. Chair also pointed out a problem with the AppealProcess in the Zoning Ordinance. The notice provision was discussed. The procedure for

the notice will be followed in the Appeal process in the Zoning Ordinance. The appeal is heard, a decision is made then the Final Plat Subdivision application is

rescheduled for hearing. The options for the decision on the appeal were reviewed.

Another topic Chair brought up for discussion was the hearing on fees for the DMVadministrative fees. This will be a reclassification of the fees not an increase in overall fee

Commissioners' Meeting Minutes April 4, 2011 Page 2

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structure. Clayne Tyler advised that it was originally noticed and public hearing was held onthe fee increased and this is only a restructuring of the fee amount paid by the public forregistering vehicles through DMV.

Clayne Tyler asked for approval to get the Prosecutor offices to be painted. He received a

quote from Gerry Skinner for the project. The estimate is for approximately $ 1800. The

BOCC also asked for an estimate from Jeremy Gering. If Jeremy Gering completes theproject then it could be worked on one office at a time.

At 9: 35 A.M., a motion was made by Commissioner Leach to hold an executive session to

discuss medical indigents with Social Services Director Lauri Stifanick, seconded byCommissioner Galloway. Chair Ebert declared the Board to be in executive session as

authorized by Idaho Code 67- 2345( 1) ( d), to consider records that are exempt from

disclosure as provided in chapter 3, title 9, Idaho Code. Chair, Aye; Commissioner Leach,

Aye; Commissioner Galloway, Aye; motion carried unanimous. The Board came out executive session and approved case # 020711 -26, case # 033011 -36

and case # 012811 -22 denied cases # 020711 -25. Approved and signed Clerk' s Statements

on case # 022411 -28; Approved and Signed Liens on case # 03291 -33 and case # 032911 -34.

Also approved and signed the Order to Dismiss case # 112910 -16, approved and signed the

Order to Vacate case # 112910 -16. Chair Ebert made the motion; Commissioner Gallowayseconded motion. All ayes, motion carried unanimous.

At 10:20 A.M., the BOCC held an open public hearing to consider the information andrecommendations from the January 18, 2011 Planning & Zoning ( P &Z) meeting for thefollowing zoning applications. P &Z Administrator Bobbi Kaufman was present along withGlen Strahan. No other members of the public were present. This session was tape -

recorded.

Chair opened the hearing on the Variance and Final Platted Subdivision applications. Ms. Kaufman presented a copy of an appeal of the following application from Attorney GarryJones representing adjacent landowner Ed Shinn. Chair Ebert made the motion to suspend

the hearing on the application from Edward and Carole Galloway for the following varianceand final plat because of the filing of a Board Appeal. This effectively stays the proceedingson the Variance and the Final Platted Subdivision Application by the Galloways.

ZV2011 -2) A Variance request by Edward & Carole Galloway to vary access -roadspecifications under Article IV of the Clearwater County Subdivision Ordinance as they applyto the Galloway' s platted subdivision request SUB060096. SUB060096 has preliminaryapproval. The variance request applies to an approximate 2, 000 foot roadway providingaccess between Middle Road and the proposed subdivision. The details of the variance

request follow:

Change right -of -way width from 60 feet as required by § D. 2 to 30 feet and

down to 15 feet at the actual property line;

Change surfaced or finished width from 24 feet as required by§ D. 4. d to 18 feet

and down to 15 feet at the actual property line; and

Commissioners' Meeting Minutes April 4, 2011 Page 3

Page 4: was Commissioner Stan Leach and Commissioner Carole ......and case #012811 -22 denied cases #020711 -25. Approved and signed Clerk's Statements on case #022411 -28; Approved and Signed

o Set aside the requirement to dedicate the access road to public use as required

by § B.

This property is located in Section 09, Township 37 North, Range 01 East, in the

Freeman Creek area off of county road Middle Road, Lenore, ID- Clearwater County; Zoned Low Density Rural District F -1.

SUB060096) Final plat stage of the full platting procedure for Hidden Valley Subdivision re- named Southfork Estates, a Class B Subdivision request by Edward & Carole Galloway todivide 99. 82 acres into 10 lots: Lot 1) 13. 14 acres, Lot 2) 9. 23 acres, Lot 3) 9. 81 acres, Lot 4)

10. 09 acres, Lot 5) 10. 33 acres, Lot 6) 11. 28 acres, Lot 7) 9. 84 acres, Lot 8) 6.67 acres, Lot9) 8. 98 acres, Lot 10) 13. 08 acres. This is a continuation of the 17 November 2008 public

hearing. This property is located in Section 09, Township 37 North, Range 01 East, in theFreeman Creek area off of county road Middle Road, Lenore, ID- Clearwater County; ZonedLow Density Rural District F -1. This application was stayed until the appeal is heard on the

variance.

The hearing on the remaining agendaed items was continued. Chair asked Ms.

Kaufman to present the staff findings and decisions from the P &Z Hearing on the followingapplications: Ms. Kaufman notified the BOCC that Commissioner Galloway was in

attendance at the P &Z Hearing and has Ex Parte Communication on the followingapplication:

SD2011 -2) A Class S Subdivision Simple Subdivision request by Gayle Marek to divide22.21 acres into 2 lots. Lot A 10. 74 acres, Lot B 11. 47 acres. This property is in Section 02, Township 37 North, Range 01 West, located along Daisey Rd, Kendrick, ID- Clearwater

County; Zoned Low Density Rural District F -1. The staff verified compliance of documentation and fees were paid. The septic is

provided by the North Central Health District. The lots have access off of Daisey Road. The approach from Jeter Chandler Road and Daisey Road is problematic and the Mareks willgive a small piece of property to the County to help get this fixed.

The recommended lot size and area meets the zoning requirements. The property is

not within the City of Orofino area of City Impact. The acreage is not a part of another

simple subdivision approved earlier in favor of the applicants. The P &Z Commission

recommends Board approval since it appears that the minimum requirements of the

Clearwater County Ordinance governing subdivisions have been met. Chair opened the floor for testimony for the application, no written testimony was

received, no one was uncommitted; Glen Strahan spoke in favor of the application. No one

else from the public was present to offer testimony. Commissioner Galloway recused herself from the decision, since she was in attendance

at the P &Z hearing when this application was presented. Commissioner Leach made motion to approve the Class S Simple Subdivision

application by Gayle Marek since it appears to meet the Clearwater County Ordinancerequirements, Chair seconded motion. All voted yes, motion passed with 2/ 3 majority.

CU2011 -1) A Conditional Use request by Sacarias and Lilia Guitron, owners of Fiesta EnJalisco, to allow the establishment of an 8' x 8' billboard near Triple T Storage along Highway12. This property is in Section 33, Township 37 North, Range 01 East, located at 39432 Hwy12, Orofino, ID- Clearwater County; Zoned Light Industrial District M -1.

Commissioners' Meeting Minutes April 4, 2011Page 4

Page 5: was Commissioner Stan Leach and Commissioner Carole ......and case #012811 -22 denied cases #020711 -25. Approved and signed Clerk's Statements on case #022411 -28; Approved and Signed

The staff verified compliance of documentation and fees were paid. The property is withinthe City of Orofino Area of City Impact and the City staff recommends approval. Thelandowner approved the location of a billboard sign. All regulations by the County and Statehave been met. The Idaho Transportation Department presented a letter of approval. TheP &Z Commission recommends Board approval since it appears that the minimum

requirements of the Clearwater County Ordinance governing Conditional Use Permits havebeen met.

Chair opened the floor for public comment. No one from the public offered testimony forthe application, against or uncommitted and no written testimony was received. Chair closedthe floor for comment and initiated discussion for decision.

Commissioner Leach made the motion to approve the Conditional Use application bySacarias and Lilia Guitron, owner of Fiesta En Jalisco; since it appears to meet theClearwater County Ordinance requirements, Chair seconded motion. All voted yes, motionpassed by 2/ 3 majority. This concludes the hearing.

P &Z update with Bobbi Kaufman. She presented the month end reports on applications andpermits issued. The Appeal from Garry Jones was received and funds to initiate thetranscription of the P &Z Commission hearing. The procedure in the ordinance has beenreviewed with Clayne Tyler.

The project that the U of I students are working on is progressing. Ms. Kaufman reported

that they are working on review of the ordinances.

Sheriff Goetz provided a report from the department. Emergency Manager, Don Gardner

was present to notify the BOCC that they did try to contact them about the floodingemergency on Saturday. The Sheriff declared an emergency in the absence of theCommissioners on April 2nd for the flooding of small streams and mudslides and they orderedthe first responders and the inmate labor.

The Official Declaration of Emergency was reviewed. The County will handle the damagecosts at this point on mitigating damage to County infrastructure. This declaration will allow

for emergency funding if further damage occurs. It is anticipated that the County will needhelp sandbagging according to the storm series from the National Weather Forecast. The

damage reports kept coming in through Saturday. There is extensive damage to the area

from flooding and mudslides.

Commissioner Leach viewed some of the County Roads. One active slide on HarmonyHeights Loop Road slid across the road and plugged the culvert. There are some pluggedculverts in other areas also. The emergency declaration and follow up reports have beengiven to Debi Ruppe at the State level of Emergency Management.

One self loader and skidder was used to remove a log under the Noah Bridge. The loghad a complete root wad stuck under the bridge. The equipment is sitting at the site. The

prison crews are on standby for sandbagging. The filled bags will stay in place until after therains subside. The sand the from the road department will be replenished.

The Search and Rescue pickups have been used to haul the filled sandbags whereneeded. The ICIO inmates made good time filling the bags and the transported the bagswhere needed. They filled 1000 sandbags, with 300 remaining for emergency use. Commissioners' Meeting Minutes April 4, 2011 Page 5

Page 6: was Commissioner Stan Leach and Commissioner Carole ......and case #012811 -22 denied cases #020711 -25. Approved and signed Clerk's Statements on case #022411 -28; Approved and Signed

Chair made the motion to sign the Emergency Declaration as the result of flood waters andlandslides caused by heavy spring rains and rapid snow melt beginning April 2, 2011; Commissioner Leach seconded the motion, all voted yes, motion passed unanimously. Thiswill stand for the next seven days and updated as necessary.

Disaster Declaration Resolution # 11 - 04 -04

Clearwater County

WHEREAS, there is a threat to life and property in Clearwater County as the result of flood waters and landslides caused by heavy springrains and rapid snow melt that began April 2, 2011; and

WHEREAS, Clearwater County and the communities of Orofino, Pierce and Weippe areas are affected; and

WHEREAS, the flood waters and landslides are threatening Orofino Creek in and around the City of Orofino, Whiskey Creek aroundHuckleberry Butte, multiple roads including Old Peck Grade, Havelock, Harmony Heights, Huckleberry Butte, and Sunnyside Bench; and

WHEREAS, a local disaster emergency as defined in Section 46 -1002, and 46 -1011 Idaho Code is in existence in Clearwater County, due tothe imminent threat to life and property created by existing and potential flood waters and landslides; and

WHEREAS, Section 46 -1011, Idaho Code, authorizes the Commissioners of the County of Clearwater, Idaho to declare a local disasteremergency to authorize the furnishings of aid and assistance, there under;

NOW THEREFORE, be it resolved and declared by the Clearwater County, Idaho Board of Commissioners, as follows: 1. A disaster emergency is hereby declared to exist within Clearwater County created by flood waters and landslides creating an

imminent threat to life, property, public utilities, etc. 2. These conditions require the activation of the response and recovery aspects of all applicable local disaster emergency plans; and to

provide a coordinated multi - agency effort to mitigate, avert and lessen the threat and impact of the disaster.

Adopted unanimously in open special session this 4th day of April 2011, by those Commissioners subscribing their names hereto.

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ATTEST:

Carrie Bird, Clerk

Sheriff suggested getting Don Gardner working on the Hopper property to get it sold toFEMA because of the threat to the safety of the property owner. Don Gardner will initiate the

process. It is a grant application but FEMA is receptive to this type of expenditure. There is

a need for further mitigation of the protection of all the property owners and County road

along Orofino Creek. Sheriff Goetz reported on hiring for the vacant jail positions. They have three tentative new

hires.

At 11: 30 A.M., a motion was made by Commissioner Leach to hold an executive sessionto discuss security with Sheriff Chris Goetz, seconded by Commissioner Galloway. Chair

Ebert declared the Board to be in executive session as authorized by Idaho Code 67- 2345( 1) d, f), to consider records that are exempt from disclosure as provided in chapter 3, title 9,

Commissioners' Meeting Minutes April 4, 2011 Page 6

Page 7: was Commissioner Stan Leach and Commissioner Carole ......and case #012811 -22 denied cases #020711 -25. Approved and signed Clerk's Statements on case #022411 -28; Approved and Signed

Idaho Code. Chair, Aye; Commissioner Leach, Aye; Commissioner Galloway, Aye, motioncarried unanimous.

The Dworshak State Park was discussed with Sheriff Goetz. The marina dock was

damaged from changing water levels. The Corp asked if there was a contract with State forthe damages to the dock since they provided the equipment and labor to get it back on thewater. The State needs to get the dock and ramp fixed since it got stuck in suspended mode.

The Marine Deputy helps monitor the docks, but it' s only as a courtesy. The winches are

cable bound across the top of the deck. Sheriff asked if the State needed an excavator to

help lift the marina dock in an emergency. The Corp provided a backhoe on their barge tounhook the stuck dock. There is no written agreement for dock management by the County.

The County only agreed to provide some assistance.

Juvenile Services Director, Alana Curtis reported on the department. The POST training

application submitted by David Thomason has been accepted for three weeks in May startingthe 2nd. The training is mandatory for employment as a Juvenile Probation Officer.

The office will be slightly impacted while he is gone during the training. There should be

slowing of cases before school gets out.

IT /Networking update was given by Angela Vander Pas. The Juvenile Services departmentqueried the State for a hook up for access to the ISTARS program. Ms. Vander Pas will work

on establishing a hook up if it will work with the Tribe.

The BOCC met with representatives from the City of Orofino, Rick Lamm and John Barton; Sheriff' s Office - Sheriff Goetz, City Police -Bill Russell, Emergency Management -Don Gardner, Bill Maison; Angela Vander Pas, Lauri Stifanick and Rob Simon; for a debriefing on the

response to the emergency declaration. The area received about 1. 5 inches of rain during

the recent storm front on Friday. There was some damage to Upper Fords Creek area, Harmony Heights; residences off of the Orofino Creek were threatened. There is some

damage on County Roads from plugged culverts and overflowing streams. Don Gardner presented the latest satellite image of the Orofino area. The storm front is

coming in from the west. This is a significant weather front. A conference call was held with the National Weather station. The National Weather

information was reviewed for Clearwater County and the northern counties. The front should

be receiving 1 - 1. 5 inches of moisture. There is snow but primarily rain. Streams should

rapidly rise tonight with a flood warning. Rock and mud slides are anticipated. The front will

last possibly through Tuesday, followed with a cold front. The precipitation will fall tonightand tomorrow after cold front leaving more moisture over the next seven days.

A stream flow monitor is being repaired on the Orofino Creek Bridge. The stream gage

will be repaired. The storm could hit in middle of night. After the precipitation hits in Pierce ittakes about 4 hours to get down to the valley.

Gardner asked for strategy for check points. The establishment of an incident command

system is in place. Sheriff Chris Goetz is incident commander from Saturday through now.

Commissioners' Meeting Minutes April 4, 2011Page 7

Page 8: was Commissioner Stan Leach and Commissioner Carole ......and case #012811 -22 denied cases #020711 -25. Approved and signed Clerk's Statements on case #022411 -28; Approved and Signed

The Orofino Creek drainage will be a concern. The Whiskey Creek drainage is clear of mostof the snow in that area. There are numerous culverts that have been cleared. There is an

issue at the bottom of Old Peck Grade. A large culvert needs to be cleared of root wads. A

dozen homes will be impacted since there is only one way out. There are several small

slides still moving.

Rick Lamm asked if everyone will be on call tonight. All the first responders are prepared

for any calls. There is 60 tons of sand at road and bridge. There are 800 sandbags, unfilled.

There were 1200 sandbags filled over the weekend. There are still 300 prefilled. The areas

protected on Saturday will be okay, there are other areas will be an issue. Clearwater River is okay at this point, this won' t be a problem until May and June. What

does the City need? Upper Fords Creek comes up high enough to threaten structures andinto the 3rd Street area. The public works crews are pumping water out of the park whenneeded. The Orofino Fire Department helped on Saturday. There were issues with dispatchbecause of employees out sick. The flow of calls was handled. They can call in someone tohelp with phones.

A recap of Saturday was given. Sheriff was called on Saturday because of Old Peck

Grade and Harmony Heights Loop damage. The culvert was plugged on Old Peck and water

was diverted.

Havelock Grade completely washed from gravel. Simon sent a grader out to blade it.

Orofino Creek residents called because of rising water threatening the homes. The

abandoned house has water under it. The resident was asked to move heirlooms out and be

prepared. There were issues with the increasing water threatening structures. ti A tree with root wad stuck under Noah' s Bridge, which was removed with self loader and

skidder. Huckleberry Butte Road bridge had water over it. The Hollywood area has water

eroding the driveways. The water is coming up like during the 1996 incident. At

106th

Street, mud and water is coming off the hillside that was diverted. The Lutheran

Church area has water and sandbags were used to keep creek contained. Harmony

Heights Loop Road mudslide came high up on the hill. The water didn' t get under the road.

Cascade Drive, residence on Orofino Creek called in for some sandbags just needed a

ditch to divert the water. The Search Rescue team provided some food for the inmates and

other first responders.

Everyone is on standby for tonight and tomorrow. Call dispatch if you need to call in

something and to monitor the water. Mudslides will just happen. The road crews will start

patrol of roads in the morning. The County is under a Declared Emergency, not a declarationasking for help. It' s good for seven days and can be updated.

The problems at115th

Street were taken care of. The reservoir is dumping water, which so

far is doing okay. Don Gardner suggested getting public information out to the media. The road crews are working still on the Old Peck Grade. Can the landowners be notified to

be on standby in case evacuation is necessary? The incoming storm front will be monitoredand all first responders are on alert.

Commissioners' Meeting Minutes April 4, 2011 Page 8

Page 9: was Commissioner Stan Leach and Commissioner Carole ......and case #012811 -22 denied cases #020711 -25. Approved and signed Clerk's Statements on case #022411 -28; Approved and Signed

Rob Simon reported on the road crew work. They are assessing all the roads and clearingculverts. Slides have been inspected for future cleanup once the weather clears.

Road Oil Bids from Idaho Asphalt Supply, Inc., for 900 tons CHR -3P- $ 584 and Western

States Asphalt- $645- were reviewed. Simon recommended that the best bid received for

road oil was received from Idaho Asphalt for $584 plus $ 33. 03 and $ 4. 50 per gallon fuel for

624 per ton. The consensus is to accept the Idaho Asphalt Supply bid. Chair made the

motion to accept the bid from Idaho Asphalt for road oil, Commissioner Leach seconded

motion, and all voted yes motion passed unanimously.

The Mag Chloride bids received from Roadwise, Inc., and Atlas Sand and Rock, Inc. were

reviewed. The bids included tonnage for the County and Clearwater Highway District for 500tons to each agency at a bid cost of $95. 10 or $ 109. 31 to Orofino and $ 99. 20 or $ 114. 09

delivered to Weippe. Simon recommends the County accepting the Atlas Sand and Rockfor product delivered to Orofino at $ 95. 10 per ton and for Clearwater Highway District $99.20

per ton delivered to Weippe. Chair made the motion to accept the bid from Atlas Sand and

Rock, Commissioner Leach seconded motion, and all voted yes, motion passed

unanimously.

The Reimbursable Agreement was approved and accepted by FHWA for work on theGrangemont Road. Simon will put a request for bids for the remaining guardrail onGrangemeont Road. He also asked for approval for having the guardrail installed on thesection of the Cavendish Road that was approved from last year.

The Dent Road ( formerly Wells Bench Road) needs some guardrail installed and Simonhas jersey barriers for installation once the weather dries. Also Upper Fords Creek Road

needs repair and jersey barriers also. The same is that the better weather is needed then

they can blade it, place gravel and barriers. The Newman Road has wash outs from the rains

and will need gravel replaced on it.

At 2: 30 PM an aggregate bid opening was held by the Board. One bid was received from

Tripco, Inc. The bid for Item number one - $56, 790; Item number two - $45,750 ; item number

three - $38, 300; attached is the bid bond. Chair made the motion to take the bid under

advisement for review, Commissioner Leach seconded motion, and all voted yes, motion

passed unanimously. The pricing running same to last year only the specs were adjustedand haul sites changed. The Upper Fords Creek stock pile will be completed by the Countyfor a savings. The specs will be the same as the ITD specs.

The Seven Mile slide has moved from the recent rains. There is no way around the slidewith a hard basalt layer against the bank and fill material on outside. The engineers for

FHWA talked about testing it for a fix, but it wasn' t developed. There is money left for the

Four Day Corner site. Simon will take a test core drill sample taken from the site that was

completed. The new slump is below the old site. It' s showing a' / 2 inch crack. The

consensus is to add the testing and process a reimbursement estimate for a fix on the slide. There is a site showing water draining. The BOCC would like more test sites drilled to come

up with a fix.

Commissioners' Meeting Minutes April 4, 2011Page 9

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There is a little bit of water running through the drains on the Nine Mile slide. No surface

sign of cracks or movement. The haul road coming in on the upper side shows some

creasing. The slope was put back when the slide repair was completed.

The consensus is to try to use some of the Grangemont funding for the Seven Mile slidearea. Simon will contact Greg Gifford about the road issue at Seven Mile instead of the fix atFour Day Corner. The ear marked money needs to be obligated before it' s taken away andgiven to fund a different project.

Risk Manager, Dawn Erlewine, reported that the County employees finished the ICRMP Risktraining. The County will receive 5 percent on the insurance policy rates for approximately

5500. This needs to be continued with the training for new employees also. Where are the claims on the roof at the Coon Building? The engineer met with

Commissioner Leach to move on the final roof improvement. The final payment was made toMangums' Concrete Forming in the amount of $44, 103. 31 on March

28th.

The money is still

being held on the Emergency Manager' s radio antennas. The insulation in the roof still

needs to be worked out.

The County has received notice of the Petition for Appointment of PersonalRepresentative in the Matter of the Estate of Billie E. Irby and Sally J. Irby. This is a claim on

the estate of the Irby' s. The family has been contacted because the State of Idaho, Department of Health and Welfare has a claim against the estate for medical assistance paidin the amount of $305, 171. 66 as of March 25, 2011. The County has to secure the buildingfor the State as part of the Public Administration. The County has to account for the propertyand sell it. There was someone cleaning items out of the house sometime on the April 3

rd

The County has to incur costs for the securing of the building, cleanup and administration ofthe debt. The property value is assessed at approximately $ 69, 000. The house has sat

empty for 3 years. The property has to be made secure and someone will have to be hired toclean up and remove worthless items.

The tangible and intangible contents have to be inventoried. The Treasurer is asking how

the Board wants to secure the building. The Sheriff will assist the Treasurer to secure it

today or tomorrow. There are two doors that need locks.

Sheriff Goetz worked with Ms. Erlewine on the values of some recent vehicles and the boatthat the department recently purchased. The Sheriff will converse with Neal Johnson to

develop a replacement value on the vehicles and boats. The actual purchase prices were

considerably lower than a regular purchase, but the replacement cost is significantly higher. The Sheriff will verify the equipment listed on the vehicles and boat.

Clerk Carrie Bird presented information on the ballot designation for the election precincts thenumber of ballots necessary for the consolidated election. The paper ballot designation for

the May 17, 2011 Consolidated Election was reviewed. The total number of ballots for the

School District Election is 3600. The Trustee ballots needed are 900; the ballots in District

283 needed are 50; the number of ballots in District 288 is 110; the number of ballots inDistrict 302 is 50 and the number of ballots for the Clearwater County Library District is 3375.

Commissioners' Meeting Minutes April 4, 2011Page 10

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The Board has to approve the ballot designation for the total of 8085. Commissioner

Galloway made the motion to designate the number of ballots for the May 17, 2011Consolidated Election. Chair Ebert seconded motion; all voted yes, motion passed

unanimously.

At 4: 20 P. M., a motion was made by Commissioner Leach to hold an executive session todiscuss personnel with John Leonard, seconded by Commissioner Galloway. Chair Ebert

declared the Board to be in executive session as authorized by Idaho Code 67- 2345( 1) ( b), to

consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho

Code. Chair, Aye; Commissioner Leach, Aye; Commissioner Galloway, Aye; motion carriedunanimous. No decision was necessary.

Approve /Deny /Sign: The consensus of the Board approved to hire Jeremy Gering to paintthe Prosecutor' s offices. The paint and materials will cost approximately $400. Then labor at

20 per hour at approximately 6 days ($ 960). The Board will go with paying $ 1400 -1500 for

the painting of the offices for Clayne Tyler. Also Jeremy Gering offered to work with John Leonard as needed for the courthouse

cleaning. He would like the opportunity to apply for the position when Mr. Leonard retires.

At 5: 15 P. M. the Board adjourned until April 11, 2011.

ATTEST:

FfCarrie Bird, Clerk

OF IDAIAODon Ebert, Chairman

Commissioners' Meeting Minutes April 4, 2011 Page 11

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Fund # Fund Name

01 01 Auditor

01 02 Assessor

01 03 Treasurer

01 05 Commissioners01 06 Coroner

01 10 Building & Grounds

01 11 Emergency Management01 13 County Agent01 14 Data Processing01 31 Zoning01 35 Juvenile Services

286. 23 286. 23

TOTAL CURRENT EXPE

1, 659. 20

0200 Road & Bridge

04 00 Ambulance

05 00 Consolidated Elections06 00 Court

00

Sub Total

CLEARWATER COUNTY GROSS PAYFebruary 20, 2011 -March 19, 2011

MAR 31 1011

08

2/ 20 -3/ 5

Justice Sheriff

3/ 6 -3/ 19

31, 447. 93

Total of 2 Payrolls

27, 063. 37

4, 648. 68 5, 685.40 10, 334. 08

8, 373. 26

5, 335. 49 5, 630. 68 10, 966. 17

Justice Prosecuting Attorney

2, 617.80 2, 617. 80 5, 235.602, 674.44 2, 674.44 5, 348. 88

286. 23 286. 23 572.461, 659. 20 1, 618. 01 3, 277. 211, 269. 52 1, 167. 20 2, 436.72

00

1, 494.80 1, 494. 80 2, 989.60

9, 139. 21

1, 414. 13 1, 414. 13 2, 828. 261, 342. 17 1, 552. 04 2, 894. 21

2, 725. 20 2, 725. 20 5, 450.40

946. 20 946. 20 1, 892. 40

NSE $ 25,467. 66 1 $ 26, 865. 93 52, 333. 59

1, 294. 40 2, 743. 70Sub Total

16,608.41 15, 500.28 32, 108.691, 977.49 12, 889.61 14, 867. 10

867. 74

TOTAL 4 WEEK PAYROLL

867. 74

117, 321. 71

5, 074. 32 5, 908. 16 10, 982.4824, 527. 96 34,298. 05 58, 826. 01

08 04 Justice Sheriff 31, 447. 93 27, 063. 37 58, 511. 3008 05 Justice Jail 8, 373. 26 7, 715. 46 16, 088.7208 07 Justice Prosecuting Attorney 7, 746. 05 7, 746. 05 15,492. 10

TOTAL JUSTICE FUND 47, 567.24 42, 524. 88 90, 092. 12

16 00 Social Services 1, 155. 20 1, 155. 20 2, 310.4020 00 Revaluation 4, 569.60 4, 569. 61 9, 139. 2121 -00 Enhanced 911 2, 217. 11 2, 233. 35 4,450.4623 00 Solid Waste 3, 434.09 3, 434.09 6, 868. 1827 00 Weeds 946. 20 946. 20 1, 892. 4038 00 Waterways 1, 449.30 1, 294. 40 2, 743. 70

Sub Total 13, 771. 50 13, 632.85 27,404. 35

TOTAL 4 WEEK PAYROLL 111, 334. 36 117, 321. 71 228,656. 07