MINUTES
(verified
with meeting transcript)
CENTRAL INTERSTATE LLRW COMMISSION
SPECIAL TELEPHONE MEETING
Friday, October 28, 2005, 10:00 A.M.
In compliance with
Commission Bylaws and Rules, a meeting notice announcing the date, time, location
and agenda availability was mailed to the interested parties October 14, 2005
A Special Telephone
Meeting of the Central Interstate LLRW Commission was held Friday, October 28,
2005, for the purpose of taking action on the disposition of Boyd County
property and export applications.
Participating in the
meeting via telephone were: Laura Gilson, Arkansas Commissioner and Commission
Chair; Joe Harkins, Kansas Commissioner; Catherine Sharp, Oklahoma
Commissioner; Michael Henry, Louisiana Commissioner; Ron Hammerschmidt,
Alternate Kansas Commissioner; and James O'Connell, Executive Consultant.
Rita Houskie, Commission
Administrator was present in the Commission office at 1033 'O' Street, Suite
636, Lincoln, Nebraska. Also participating in the teleconference were major
generator representatives and members of the press.
The meeting was called to
order at approximately 10:02 a.m. and all the commissioners responded to the
roll call.
No members of the public
made comment during the general public comment period.
The Chair introduced the
first agenda item relating to the disposition of the property in Boyd County. She
asked the Executive Consultant to report on his research on the agenda item.
The Executive Consultant,
James O'Connell, indicated that there were two alternatives to the disposition
of the Boyd County property. One solution was to offer it for sale on the open
market and the other solution was to donate it to the Village of Butte as
discussed at the Commission's July meeting in Little Rock. The following draft
resolution was proposed:
Draft
Resolution re: Property Transfer to Village of Butte
WHEREAS, by the terms of
the settlement of its claims for reimbursement by the Commission, U.S. Ecology
("USE") is required to convey title to the Boyd County, Nebraska
disposal site property (the "Property") to an entity designated by
the Commission; and
WHEREAS, at its meeting on
July 15, 2005 the Commission determined that it may be appropriate to donate
the Property to the Village of Butte for its use or disposition in the
furtherance of its public functions; and
WHEREAS, the Mayor of the
Village of Butte has stated that she and the Village Board have considered such
a donation and will accept conveyance of the Property as contemplated by the
Commission
NOW THEREFORE, the
Commission hereby directs its Executive Consultant to cause USE to take such
actions as are appropriate and necessary to effect the conveyance of the title
to the Property to the Village of Butte.
The Commissioners held
discussion regarding the draft resolution language. Concern was voiced by the
Louisiana Commissioner that the donation of the property might constitute
acknowledgment of a claim. Mr. O'Connell indicated that there had been no
discussion or agreement with the village with respect to the property
constituting any satisfaction or recognition of a claim and that the
discussions regarding the property transfer had not been in the context of
compensation but rather in the context of a donation. The Kansas Commissioner
voiced concern with respect to the Commission making a gift of some
undetermined value and asked for an appraisal. He also pointed out that the
Commissioners' first responsibility is to their own state and that if a
donation of this magnitude was not tied to the settlement of a claim it would
not help to avoid any future claims.
The Chair made the point
that the property exists in a state that is no longer a member of the Compact
and it would be of benefit to the Commission to tie up the loose ends as
expeditiously as possible rather than hire someone to sell the property.
The Chair asked the
Commission if they wished for the matter to be held over to the next Commission
meeting.
The Kansas Commissioner moved to ask that the Executive
Consultant make arrangements to have the property in Boyd County appraised and
have the results available at the next meeting and place this matter on the
agenda at that time. The motion died for lack of a second.
The Chair asked for a
motion on the Draft Resolution regarding the property transfer to the Village
of Butte. The Louisiana Commissioner moved
for the draft resolution and the Oklahoma Commissioner seconded the motion.
Discussion continued on
the Draft Resolution. Mr. O'Connell stated that if it was not the Commissions'
sole purpose to donate the property as a gesture of good will and recognition
of the contributions of the Village to the efforts of the Commission to develop
a disposal site then the Kansas Commissioner raised a valid point as to the
value. He indicated that the major generators may have a point of view on
whether or not this gift to the Village was appropriate based on their views
expressed at the Little Rock meeting held in July 2005. The Chair agreed and
asked if a major generator would speak to that concern. Mr. Wood, representing
Wolf Creek Nuclear Operating Corporation in Kansas, indicated that he was in
agreement with the Kansas Commissioner.
The Oklahoma Commissioner
expressed curiosity as to where knowing the value of the property would
ultimately lead the Commission. She indicated that she would not be opposed to
an appraisal and offered the following substitute motion.
Motion by
Oklahoma, second by Kansas, to have the
Executive Consultant get a valid appraisal and a couple of estimates, if
needed, for the property and convey that information to the Commissioners
Motion passed 3-1 (Louisiana voting no)
The Chair introduced the
next agenda item and asked for a motion.
Motion
(Resolution 1) by Louisiana, second by Kansas, to approve the five non-federal applications to export waste.
Motion passed 4-0
Motion by Oklahoma, second by Kansas, to adjourn the meeting.
Motion passed 4-0
The meeting was adjourned
at approximately 10:45 a.m.
