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HomeMy WebLinkAbout1995/09/18 TOTTEN/LITTLE SKOOKUM CLEAN WATER DISTRICT SEPTEMBER 18, 1995 ATTENDANCE: Mary L. Faughender, Commissioner William O. Hunter, Commissioner Mary Jo Cady, Chairperson The meeting was called to order at 2:00 p.m. by Chairperson Mary Jo Cady. APPROVAL OF MINUTES Cmmr. Faughender/Hunter moved and seconded to approve the August 21, 1995 minutes as revised. Motion carried unanimously. C-aye; F-aye; H-aye. CORRESPONDENCE None CONCURRENCE WITH COUNTY COMMISSIONER ACTION Notice of resignation from Janice Fredson The Board questioned if Conservation District received their letter from the County indicating the County's agreement to continue the Totten/Little Skookum Shellfish Initiative Grant if the Conservation District will provide any necessary match. Mr. Clifford responded he spoke with the Mason County Conservation District office and one of the staff indicated they would pick up the letter at the Courthouse mailbox. STAFF REPORT Wayne Clifford, Technical Administrator, presented the repair status which Mark Tompkins prepared showing 97 failures through August and 66 repairs through August. It was noted the survey work is completed and there are 31 left in various stages of repair. Cmmr. Faughender interjected monthly meetings may not be necessary since they are waiting on the repairs and individuals to pay their bills. Business seems to be less. Cmmr. Faughender/Hunter moved and seconded to change the monthly meeting to quarterly meetings on the third Monday of the month; the next meeting would be December 18. Motion carried unanimously. C-aye; F-aye; H-aye. FINANCIAL REPORT Mr. Clifford noted the remaining expenses to be paid out of the Clean Water District. They have come up with approximately$4,400. They are estimating a total of 96% collected in a range of$4,475.00 - $4,897.00. Chairperson Cady asked what collection procedures are being used. Mr. Clifford noted it is in the hands of the Treasurer. They inquired what the legal responsibility is and they determined they are required by law to turn over delinquent accounts to the Treasurer. It would be taken from there in the form of liens. TOTTEN/LITTLE SKOOKUM CLEAN WATER DISTRICT SEPTEMBER 18, 1995 - PAGE 2 Cmmr. Hunter asked what the cost is for completion of the repairs within the District. Mr. Tompkins responded it is sporadic on what time is spent. They spend a couple hours a day/five days a week at the most. The budget reflects approximately$1,200 for repairs. Chairperson Cady asked if theoretically the uncollected payments came in there could be approximately$9,000. It could take approximately two years before this comes in. Mr. Clifford noted the Treasurer has indicated some people who are delinquent on the assessment are also delinquent in their property taxes. Chairperson Cady stated since the assessments were for inspections only and there was a great deal of money contributed by the shellfish growers, the money should be divided and returned to the shellfish growers. It would be more cost effective for the County to return it that way. Within another two years when it is collected there may be other ideas on it. Harry Martin understood there were approximately 125 owners who have denied entry to the County. He asked what the plan is to address these. Chairperson Cady noted unless there are laws or there is "just cause"to go on the property the County has no other option. ADVISORY BOARD UPDATE Warren Dawes, Totten/Little Skookum Clean Water District Advisory Board Chair, stated they met on August 30. They sent a letter on September 5 outlining the two motions passed at their meeting. The first motion was support for the Conservation District and making available the remaining grant funds. The second motion was they supported 100% collection in making every effort to ask them to participate. It was suggested to adopt legislation to provide for requesting administrative search warrants providing probable cause. Cmmr. Faughender added in order to take 100 people through the court process, both the Court and Prosecuting Attorney would look at the County with the burden in Court. They are not getting positive support from the legal staff. It is getting less entry allowed all the time. Mr. Dawes interjected he heard Thurston County chose not to take the issue to court to test it and they didn't want to underwrite the cost. Cmmr. Hunter suggested sending a letter with a positive report for those who have denied access or payment of the fee. Mr. Dawes stated they will not meet again until there is reason to meet. There was discussion that a home sitting between several others homes which have failed is a likelihood it has a failing system but not "probable cause." There would need to be solid evidence for probable cause. CONSERVATION DISTRICT Mike Madsen,Mason County Conservation District,stated they were notified they can proceed with the Totten/Little Skookum Shellfish Initiative Grant. During the interim they were not participating with the grant he contacted two land owners who have farm plans in place and have major cost share projects they would like to continue with. The cost share is the pass through money. Both owners have elected to proceed and they will follow through on those. TOTTEN/LITTLE SKOOKUM CLEAN WATER DISTRICT SEPTEMBER 18, 1995 - PAGE 3 PUBLIC COMMENTS Harold Fitzwater again expressed concern that there appears to have been centennial clean water funds (Grant G9300159) from the Department of Ecology which were spent incorrectly. If the funds are repaid to Totten/Little Skookum there would be considerable more money refunded to those people who have paid. In a conversation with the State examiners there seemed to be a concurrence. Cmmr. Faughender asked if there is a report from the State Examiners commenting on this. Last month there was a report from the State Auditor which only addressed the excess 25% matching funds. Mr. Fitzwater stated he will try and obtain the information in writing and also find out who is responsible for repayment of funds if it is determined. William Key appeared in response to a request for a past due assessment for 93/94. He explained this was paid over a year ago. He expressed frustration that it appears those individuals who cooperated are paying the cost of the program for those who have denied payment or access onto their property. He expressed his support of clean water and believed everyone should pay their share and not just 95% of the owners. Mr. Clifford responded the law requires the County to collect the funds. The 1993/94 unpaid assessments are turned over to the Treasurer for collection. Chairperson Cady asked that Mr. Key provide a copy of his canceled check and she would take care of that. She added there are people in Fawn Lake that have not received any bill at all. It was noted some homes which hadn't been originally billed through the Assessor's records were found during the inspection and billed. Mr. Key believed any money being refunded should go back to the taxpayer. Chairperson Cady noted the shellfish growers put in approximately$54,000 into the program which was the greatest amount. ADJOURN The meeting adjourned at 2:50 p.m. Respectfully Submitted, Rebecca S. Rogers TOTTEN/LITTLE SKOOKUM CLEAN WATER DISTRICT Mary Jo Cady, Chairperson William O. nt Com issi I M. IJ Faughender, C missioner