Changing hands

Alexis Barker
NLJ News Editor
 
On July 2, the entire five-person Central Weston County Solid Waste District board resigned, presenting the Weston County commissioners a letter and the keys to the transfer station and landfill. The resignation was accepted two weeks later, and the commissioners officially put themselves in the board positions during their regular meeting on July 16. 
Before making those motions, County Attorney Alex Berger updated the commission on what he had researched since the last meeting regarding the solid waste district, the closure and the board’s resignation. 
“The commissioners appoint not less than three and not more than nine to be on the board,” Berger said, noting that this occurs after the county creates the district. 
The commissioners also possess the ability to remove people from the board “without cause or hearing,” according to Berger. He added that board members must reside within the district’s boundaries. A commissioner can serve on a board in the event of a vacancy until a qualifying board member can be found. 
Concern was also raised over whether or not Joe Wood Jr., president of the CWCSWD board, had officially resigned due to the way the resolution was written. 
“The intent of me signing the resolution, the way I interpret it is, I am going to resign,” Wood said.
According to Wood, the board did not intend to blindside the commissioners with the resignation of all five board members. 
“Whatever we can do to make this work is probably the best,” Berger said. “Statute does allow for you to add and subtract areas from the district. You can do that by resolution, if something is worked out with the other district (Weston County Solid Waste District). The nice thing about the statute being short and clear is the commission can do what they need to do.” 
Berger said that a vote was not necessary to dissolve the Central Weston County Solid Waste District and absorb that area into the recently formed Weston County Solid Waste District. 
Commissioner Ed Wagoner, who is also a board member on the Weston County Solid Waste District, said that the district he represents would be opposed to absorbing the central solid waste district, noting that liability of the landfill could be a problem. 
Wagoner said that the county district would consider taking the transfer station at the Central Weston County Solid Waste District site and operating it because the building was separated from the dump during the closure permit process. 
“That would make sense for the community,” Commissioner Nathan Todd said. 
“I guess we are at a standstill. There are decisions the board needs to make,” Commissioner Marty Ertman said. “Do we accept the resignations and seat this board?”
After officially accepting the resignation of the Central Weston County Solid Waste District board, Commissioner Marty Ertman asked if the board could appoint other people to the board or if they (the commissioners) must assume those positions. 
“There won’t be an answer. I could ask the attorney general, but we wouldn’t have it until 2022,” Berger said. 
Chairman Tony Barton said that, at the end of the day, the attorney general’s input would only be an opinion on the statute. 
A motion to fill the board positions, according to statute, by filling the vacancies with the seated commissioners was passed unanimously.