May 30, 2018 – 9:30 a.m.

City Hall

A special meeting of the Riggins City Council was called to order by Mayor Glenna McClure.  Purpose of the special meeting was to discuss the sewer issue at Summerville’s and to review correspondence from the City Attorney regarding the issue. Councilors present were Friend, Wilson, Akins and Miller.  

Guests:  Adam Green (City Attorney via phone), Bill Bieren, Jean Welch, Sean Anderson, Sandy Anderson, Abigail Tucker, David Grewing, John and Michael (Rants & Raves)

Staff: Dan Wash and John Pottenger

SUMMERVILLE’S SEWER:  City Attorney, Adam Green, reviewed the Sewer Ordinance and summarized the issue:

Sewer Ordinance #206, Section 12.1 states, “It shall be the responsibility of the private property owner to obtain any or all right-of-way easements necessary to install, maintain or repair a Private Sewer Line that crosses any parcel of land not under their private ownership.  Legal documentation of that recorded right-of-way easement must be provided to the City at the time of utility service application.  The easement will be granted from one private property owner to the other, with the City of Riggins having no responsibility or interest in the easement.”

1)    Green sent a letter to Suzann Underwood (previous owner of RV Park property) on behalf of the City of Riggins in March 2016 requesting the following be resolved prior to a change in ownership: 1) that the sewer line be separated from Summerville’s, and 2) that a maintenance easement be recorded granting the Summerville’s property access to the shared sewer line.   

2)    Underwood sold the RV PARK property to Wall; Warranty Deed recorded #508568 on 4/12/17.  Page 2 of the Deed contains a paragraph, “…reserving to the City of Riggins, an Idaho municipal corporation, a perpetual, nonexclusive, twenty foot (20’) wide easement and right-of-way centered where the existing sewer lines are located on the above-described real estate for the construction, installation and continued operation, maintenance, repair, inspection, altercation… of underground sewer lines… “

The City does have easements with property owners on the MAIN SEWER LINE that runs through town.  The City DOES NOT have any easements on private sewer lines.  The line in question is a private sewer line on the Rants and Raves property (old RV Park area) and has nothing to do with the Summerville’s property. 

3)    Wall sold the RV Park property to Marzolf/Rants & Raves in April 2018. 

4)    Green received notification earlier this month from D. Claiborne of Sawtooth Law (representing Blimka’s) that Rants & Raves was threatening to disconnect the sewer service to Summerville’s and demanding that the City enforce the utility easement.  Further, that if the City failed to enforce the easement, immediate legal action would be taken against the City.  Claiborne also indicated Summerville’s would accept an assignment of the City’s utility easement interest so the City does not have to be involved any further. 

ASSIGNMENT OF EASEMENT INTEREST: Green received notification from Claiborne on 5/24 that Blimka’s wanted to have the City assign the easement to Blimka’s.  The City Council reviewed the document which stated the City quitclaims that certain reserved easement and right-of-way granted in favor of the City described in Instrument #508568 (Underwood to Wall Deed).  After discussion, Mayor McClure stated the easement was an error and should not have been contained in the Deed.  Councilor Miller stated the City can’t assign an easement that belongs to someone else’s property, and referred to the original easement on the Main Sewer Line (6’x12’) that runs from the Clay house behind Summerville’s to the Rants and Raves private line connection.  Green indicated the City has no liability in the issue. 

POSTERS THROUGHOUT TOWN:  Mayor McClure stated the posters that Blimka’s put up through town recently was an embarrassment to the entire town.  Several guests agreed and voiced concerns that Blimka’s were attempting to smear people’s names in this manner.  Green indicated that people can say what they want with freedom of speech. 

At this time, Mayor McClure conducted a roll call vote on the issue of the Assignment of Easement Interest to Blimka’s/Summerville’s (aka Margaritaville LLC):  Friend – no; Wilson – no; Akins – no; Miller – no. 

Green indicated he would send Claiborne notification that the Council declined to assign the easement as requested. 

At 10:08 a.m., Mayor McClure requested an Executive Session per Idaho Code 67-2345(b) to discuss a personnel issue; seconded by Friend.  Mayor McClure conducted a roll call vote – voting yea, Akins, Miller, Friend and Wilson.  No nays; motion carried.

At 10:55 a.m., Councilor Friend made a motion to end the Executive Session and resume regular business; seconded by Miller.  Mayor McClure conducted a roll call vote – voting yea, Friend, Wilson, Akins and Miller; no nays; motion carried. 

No motion was made as a result of the Executive Session. 

There being no further business, the meeting was adjourned at 10:55 a.m.

Respectfully Submitted,

Brenda Tilley, City Clerk-Treasurer