12-06-2004 - Laserfiche WebLink

Commission Minutes--December 6,2004 2830 Mr. Burdick said he would encourage the commission to address the hunting issue and perhaps appoint a committee to work on developing a specific policy, which could be brought back to the board for consideration. Mr. Vanyo agreed with the idea of forming a committee and asked Commissioner Wagner to serve, along with one member from the group favoring hunting and one member from the group opposing hunting in the Orchard Glenn and Forest River area. He asked Commissioner Pawluk to serve as well. Mr. Vanyo suggested that each of the two groups submit a name for committee representation to the County Coordinator, Bonnie Johnson. 20. ROAD DEPARTMENT, Orchard Glen slide repair options Keith Berndt, County Engineer, presented two options on the Orchard Glenn slide repair discussed at previous meetings. Since the last time this was discussed at a commission meeting held on November 1, 2004, Mr. Berndt said the adjoining landowner, Katherine Murphy, has offered to pay 15% of the costs of any corrective action and to hold the county harmless for any future damage that may be caused by the county's actions. Attorney Greg Selbo was present representing his client, Ms. Murphy. Mr. Berndt's options proposed today include authorizing the county engineer to proceed with repairs in accordance with his previous correspondence, and Ms. Murphy funding 15% of the costs and holding the county harmless; or denying the request for the $100,000 estimated repairs in favor of the county engineer doing minor reshaping or associated work to minimize safety issues at a cost not to exceed $2,500. Mr. Burdick said it would appear the statutes do not impose liability on the county to act on repairing the slide area; however, if the county does choose to begin any repair, they need to be cautious about how they act. He said Mr. Selbo provided a contract to his office on behalf of his client indicating Ms. Murphy is willing to contribute toward the cost of repairs and releasing the county from liability as a result of those repairs. However, he said it would not release the county from liabilities should any problem associated with the repair extend onto someone else's property. Mr. Burdick said that leaves the commission with the decision of whether they wish to spend the money and if they are concerned about setting some kind of precedent. Mr. Wagner asked about the extent of the work proposed in Mr. Berndt's second option, and Mr. Berndt said he would envision re-shaping the land to eliminate a drop-off and installing 50-100' of chain link fence. He said this would not be a long-term fix as there will be continued erosion. Mrs. Sorum said she is concerned about the precedent that may be set by repairing a slide area which extends to private property. Mr. Selbo said there is a factual dispute here as to the cause of the sloughing problem. He said Ms. Murphy has already expended $11-12,000 to try to control erosion on her property. Mr. Pawluk asked if Mr. Selbo's client was involved in a flood buy-out negotiation after the 1997 flood, and Mr. Selbo responded that Ms. Murphy's house was built with appropriate footings and basement so it was not affected and she was not part of the buy-out offer.