MINUTES

(approved January 22, 2003)

 

CENTRAL INTERSTATE LLRW COMMISSION

ANNUAL MEETING

JUNE 4, 2002, TUESDAY, 9:00 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 public May 6, 2002.

 

The Annual Meeting of the Central Interstate LLRW Commission was held Tuesday, June 4, 2002, to take action on:  meeting minutes, reports, export applications and fee schedule, Administrative Budget, KPMG 2000 – 2001 Commission Audit, US Ecology Funding Request, election, and to take necessary action on all business to come before the Commission.

 

The Chair called the meeting to order at approximately 9:05 a.m. and roll was called.  Responding to the roll call was:  Arkansas Alternate Commissioner, Bernie Bevill; Kansas Commissioner and Commission Chair, James J. O’Connell; Louisiana Commissioner, Michael Henry; Oklahoma Commissioner, Catherine Sharp, and Nebraska Commissioner, Dr. F. Gregory Hayden.

 

Also present were Administrator, Rita Houskie; Secretary, Terry Davis, and the court reporter.

 

The Chair stated that with the consent of the members of the Commission he would recommend moving the KPMG 2000-2001 Commission Audit question up on the agenda. The Commission members were in agreement.

 

The Chair recognized the KPMG, Inc representative.  The Nebraska Commissioner asked questions to which the KPMG representative responded, agreed to correct and provide a corrected copy to the Commission.

 

The Chair resumed the amended agenda as published and called for the public comment period.

 

One member of the public spoke during the general public comment period.

 

Motion (Resolution 1) by Louisiana, second by Oklahoma, to approve the January 23, 2002 amended draft meeting minutes.

 

Motion passed 5-0

 

The Commission received oral reports from the Commission Administrator and a written report from Legal Counsel. No reports were heard from the Village of Butte, the Host State, the Boyd County Local Monitoring Committee or the Litigation Committee.  US Ecology's report and funding request for FY2002-2003 was deferred until the US Ecology representative arrived at the meeting.

 

The Chair introduced the next agenda item with the explanation that the Commission's Administrative Budget would show an operating loss at the end of the fiscal year that was attributable to the underestimation of litigation costs. However, the Commission would not show a cash shortfall due to expected receipts from export applications for fiscal year 2002-2003.

 

Motion (Resolution 4) by Oklahoma, second by Louisiana, to approve proposed fiscal year 2001-2002 Administrative Budget Adjustments to Legal Fees budget line item and Butte Site Maintenance / USE budget line item

Motion passed 4-1

The Chair moved on to the Projected Administrative Budget for fiscal year 2002-2003.  The Louisiana Commissioner moved to approve the Projected Budget with the 3% increase to salaries and the Oklahoma Commissioner seconded the motion.  Discussion followed with the Nebraska Commissioner's inquiry as to the differences noted between Commission and US Ecology's litigation expense estimates.  The Chair deferred action on this item and called on the US Ecology representative. 

 

The US Ecology representative presented the Developer's Report and Funding Request for fiscal year 2002-2003.  Discussion of the report followed regarding the possibility of closing the two remaining wells at the site, costs for Butte Site Maintenance, and storage costs for the geologic core samples.

 

Motion by Oklahoma, second by Louisiana, to approve US Ecology’s report.

 

Motion passed 4-1

Motion (Resolution 2) by Louisiana, second by Oklahoma, to approve US Ecology’s FY2002-2003 Funding Request with adjustments to Butte Site Maintenance.

Discussion followed the Oklahoma Commissioner's question that no budget item was listed for the closing of the wells. The Commission's Administrator explained that an amount of approximately $12,000.00 is being held from a previous year in a separate Project Account and would not affect the Administrative Budget. The Commissioners also discussed an increase of $3200.00 to US Ecology's FY2002-2003 Funding Request to provide for storage of the geologic core samples for the entire fiscal year that resulted in an adjustment to. US Ecology's Funding Request and an amendment to the above motion.

 

Motion passed 4-1

 

 

Motion (Resolution 3) by Louisiana, second by Arkansas, to receive the KPMG 2000-2001 Audit Report.

 

Motion passed 5-0

 

The Chair returned to the previously deferred agenda item - Administrative Proposed Budget for FY2002-2003.

 

Motion (Resolution 5) by Louisiana, second by Oklahoma, to approve proposed fiscal year 2002-2003 Administrative Budget with 3% increase to the Payroll Expense budget line item and Butte Site Maintenance / USE budget line item

 

The Chair called for a brief recess at 10:00 a.m. to adjust proposed revenues and recalculate the export fee schedule for fiscal year 2002-2003.  The Chair called the meeting back to order at 10:25 a.m.  The Chair announced the changes to the Proposed Budget and the Export Fee Schedule (CIC Rule 1) resulting from the $3200 increase to US Ecology's funding request that was approved as Resolution 2.  The maker and seconder of the motion accepted the amendment to the motion.

 

Motion passed 4-1

 

 

Motion (Resolution 6) by Arkansas, second by Oklahoma, to approve adjusted export application fees

 

Motion passed 4-1

 

The Chair asked for nominations for Commission Chairman for the coming year.

 

Motion by Kansas, second by Louisiana, to approve the election of the Oklahoma Commissioner, Catherine Sharp, as Chairperson of the Commission FY2002-2003.

 

Motion passed 4-0-1 (Oklahoma abstaining)

 

The Commissioners set the date for the Mid-Year Meeting of the Commission as Wednesday, January 22, 2003 in Kansas City.

 

Motion (Resolution 7) by Arkansas, second by Louisiana, to approve export application from the Department of Veteran Affairs, d/b/a Nebraska-Western Iowa Healthcare System, Omaha.

 

Motion passed 4-0-1 (Nebraska abstaining)

 

The Chair recessed the meeting at approximately 10:34 a.m. to go into executive session for the administrative review. The Chair called the meeting back to order at 10:56 a.m. and announced that the performance review and other personnel matters of the staff was complete and no action was taken other than completing that activity.

 

Motion by Louisiana, seconded by Arkansas, to adjourn the meeting.

Motion passed 5-0

The meeting was adjourned at approximately 10:58 a.m.

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