DRAFT MINUTES

(verified with transcript))

 

CENTRAL INTERSTATE LLRW COMMISSION

MID-YEAR MEETING

WEDNESDAY, JANUARY 21, 2004, 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 January 7, 2004.

 

The Mid-Year Meeting of the Central Interstate LLRW Commission was held Wednesday, January 21, 2004, for the purpose of taking necessary action on meeting minutes, reports, export applications, KPMG 2002 - 2003 Commission Audit, Low-Level Waste Forum Membership, Financial Consultant Contract for Calendar Year 2004, Office Lease, and to take necessary action on all other business to come before the Commission.

 

The Chair called the meeting to order at approximately 9:12 a.m. and roll was called.  Responding to the roll call were: Kansas Commissioner, James J. O’Connell; Oklahoma Commissioner and Commission Chair, Catherine Sharp; Nebraska Alternate Commissioner, Craig Zeisler; Arkansas Commissioner, Laura Gilson; and Louisiana Commissioner, Michael Henry.

 

Also present were Administrator, Rita Houskie; Assistant to Ms Houskie, Mike Rassier; and the court reporter.

 

No members of the public spoke during the general public comment period.

 

No formal panel assembled to discuss the §5.04 US Ecology Contract Review of Options and Alternatives.

The Chair asked if there were issues to be discussed on the §5.04 US Ecology Contract Review of Options and Alternatives.  No issues were presented for discussion.

 

The Commission received oral reports by the Commission Administrator, US Ecology, and Legal Counsel.  No reports were heard from the Village of Butte, the Boyd County Local Monitoring Committee or the Litigation Committee.

 

A portion of Legal Counsel's report pertained to the zoning ordinances adopted in Boyd County.  That portion of the ordinance that would require the Commission to obtain a special-use permit from the county before starting construction is invalid under federal law and Counsel made reference to the similarities to the McCulley Township litigation that took place in the 1990s. Discussion followed among the Commissioners resulting in the following motion:

 

Motion by Arkansas, second by Louisiana, directing outside legal counsel to send a letter to the Boyd County Commissioners regarding that portion of the zoning ordinance that relates to the nuclear waste disposal within the county as invalid as a matter of federal law.

                        Motion passed 4-0-1 (Nebraska abstained)

 

Motion (Resolution 1) by Kansas, second by Arkansas, to approve the minutes of the Commission's Annual Meeting held on June 25, 2003

 

                        Motion passed 4-0-1 (Nebraska abstained)

 

Motion (Resolution 2-5) by Arkansas, second by Kansas, to approve the minutes of the Commission meetings held in 2003 on July 2nd, July 14th, October 1st (amended to include Alternate Commissioner Ron Hammerschmidt in attendance), and November 24th.

 

                        Motion passed 4-0-1 (Nebraska abstaining)

 

Motion (Resolution 6) by Kansas, second by Louisiana, to approve the non-federal export application for Eastern Oklahoma State College FY2003-2004 (OK)

 

                        Motion passed 5-0

 

The Chair called for a brief recess at 10:08 a.m.  At approximately 10:26 a.m., the Chair called the meeting back to order.

 

Motion (Resolution 7) by Louisiana, second by Arkansas, to approve the KPMG 2002 - 2003 Commission Audit Report

 

                        Motion passed 5-0

 

Motion (Resolution 8) by Kansas, second by Louisiana, to approve the Low-Level Waste Forum Membership

 

                        Motion passed 5-0

 

The Chair introduced the next agenda item that dealt with the renewing of the office lease.  Discussion among the Commissioners resulted in the request for the Administrator to request of the landlord a shorter lease and to review the lease for penalties should the Commission make a decision for early termination.

 

Motion (Resolution 9) by Kansas, second by Louisiana, that the Commission give the Chair authority to execute the lease on the space that houses the executive office provided the Chair is satisfied as to the termination provision modifications

 

                        Motion passed 5-0

 

Motion (Resolution 10) by Arkansas, second by Louisiana, to approve Financial Consultant Contract for calendar year 2004

 

                        Motion passed 5-0

 

The Commissioners set the tentative date for the Annual Meeting as June 9, 2004 with a subsequent tentatively scheduled telephone meeting to be held on July 7, 2004, for taking action on export applications for fiscal year 2005.

 

The Chair asked if there was any other business to come before the Commission. With no new business being brought forth, the Chair recessed the meeting at 10:45 a.m. to go into executive session to discuss personnel issues.  The Chair called the meeting back to order at 11:31 a.m. and announced a few personnel matters were discussed and no official actions were taken. 

 

Motion by Nebraska, seconded by Kansas, to adjourn the meeting

 

                        Motion passed 5-0

 

The meeting was adjourned at approximately 11:35 a.m.

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