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Home My WebLink AboutASC Board Action Item - BOCC (002)gni^�i'�;, • •-o,-,.� iit haina nn �Cr' n a^ Discussion regarding Correspondence from Moses Lake Irrigation and Rehabilitation District Regarding request to extend Interlocal Agreement between the County and MLIRD regarding MLIRD's assessments. Kevin McCrae will send a letter to MLIRD stating the County will follow the ILA until litigation is settled, with no extension. Chief DeT)utv Edward Owens Chief Civil Deputy Kevin McCrae Administrative Assistant Kaye Bums Civil/Appellate Deputies Kevin McCrae Katharine W. Mathews Criminal Deputies Edward A. Owens Chad A. Jenks Peter M. Hibbard Carlee A. Bittle Brandon K. Guernsey Caleb J. Nolta Corey Metzner Rebekah Kaytor Barbara G. Duerbeck 'r IJAK-1900' M� IWK- V C--N- 1W Ul"AR—TH DANO -Ice- A-1 NPYT ' 1 0 1 U Nf T'Y,� Kevin J. McCrae (509)754-2011ext'996 Deputy Prosecuting ., Attomey 1 , kmccrae@grantcountywa.gov September 24, 2019 Moses Lake Irrigation and Rehabilitation District C/o Chris Overland PO Box 98 Moses Lake, WA 98837 Re: III-ILI-RD v. Grant County Treasurer Dear Mr. Overland, This letter is in response to your letter dated September 11 2019. At this time Grant County does not agree to extend the existing Inter Local Agreement for another five year term. We do agree that under the mediated stay agreement the ILA remains in effect until the termination of the liticration in the iVLIPD v. Grant Count Treasurer Y case, We expect further clarity going forward after the court makes its rulincr in the Hansen case. At that time we. will in discussion to determine whether we need anew ILA. and if so t) ll engage , what form that should take, Sincerely.. Ke,/,'in J. McCrae Chief Civil Deputy Prosecuting Attorney Cc: Board of Commissioners Grant County Treasurer Grant County Assessor Brian Iller WWW. Co. -a grant,wa.us/Prosecutor - PO Box 37 ® Ephrata, WA 98823 * phone: (509) 754-2011 - fax.- (509) 754-31449 PO Box 98 / 932 E Wheeler Rd Moses Lake, WA 98837 (509) 765-8716 www.mlird.org coverland@mlird.org September 11, 2019 Grant County Commissioners P.O. Box 37 Ephrata, WA 98823 MOSES LAKE IRRIGATION AND REHABILITATION DISTRICT Enclosed is a Resolution of the Board of Directors of the Moses Lake Irrigation and Rehabilitation District (MLIRD). As you can see, MLIRD is requesting extension of the Interlocal Agreement between the County and MLIRD regarding MLIRD's assessments. This may be unnecessary due to the Mediated Stay Agreement which is attached to the Resolution, but MLIRD wants to be sure that the County understands that MLIRD wants to continue the Interlocal Agreement. However,, as stated in the Resolution, MLIRD is willing to negotiate appropriate modifications to the Interlocal Agreement to make the process more efficient. Sincerely, Chris Overland Manager I MLIRD -1- 4 t NIEDIATIONN 'I'lic undersigucd piarti-es- herebv Cartree that N41edkitor D'�*,ivid A. Tho:rtitiT will mciliate Lheir Owl%. dispute concenung, Moseis- Lake Irrigatimi, and Rellubifitu'lio-11 D'I'strict v Darryl Plicasant, in 11its capxity as Treasurer of Gr,int County, Wtusfiirigtoll, Duryl 0� V., 4 11 ufion and Pheasant "n W x Of F1610 Tre for Mesa's Lake lrdgz I i tss capacity ast T-Iwh,a'bfl*ItafiI.oii District Superior Court of Gnmi C,'.'ounty Cause No.18-2-003 )03-9 All Part.1" 'hat i-i.wdiat'loti is a vo I luntary settlemetit process, stn d th.11 the Mediator has no anthority to 'Impose oa settlemant on the paud T'he Parlies, understancl wid' afire that mediatiou sessions arQ. sculment negotiat lolls * I t * *it 10 n. are tnmtnussi I t) I ie in,anny legit proceedings. In tiddi-tion,111ccuation scssionsare not re, All in-ronwattiorl COMMUMC -i* s ICI I Su ject to disclosu. ated in tI Is med*,P .-flon shall not be Al '# disclosed �to any third, partics. The partics will not subpocna or olhexrwise reqt:nre- tiie Mediator to testiry, gi,ve 111formation or produce records, Tiotes, or work product in tatiy future y)roccedingsi.; provwe(][voweverl it is .1"Url"I'ler Understood diitt the Mediator t i va y 40.1* 1",mv settletn.en-t ach"evetl purst I -cern nig the termst Died coriditions o. 0 11 tesfify cm I IS inedi-at"i 011. 9 0 "I'lie part' .gnizd I ice 014 C nCe .111tig ies reco ze fluit the h4cdkitor *,s,, not. giv*nrl lernil adv ounsel Co 1, zlC it A -ron ir own riv party's leazil riolils, T*Iuch purly will obtaiti their aovice, znid counsel f i the" 'Ictlorney. 4 C(-)S*'I* OF 11-11" MEDIA1,10N WILI... BY* I A 1) AS PARTIE'S AGREE" "I"HAT' 11-11 i , I'l, . f F t '"I be split eq.t-ut1h, the pares OL-1,,OWS: The cost- of tlu;% nitdiatioll W11, 1 (Inz to P 11, fafiff,'1/2 to Deretld;*-ITIO. .... . ......... .... . ... Niediated Stay Agreernent Thundersig, ned partles , enter Into tfiis binding CR 2A agreement regarding till claims asserted in Moses Lake Ifrigation and Rehabilitation District (iMURD) v. Darryl Pheasantias Treasurer of Grant County and t ex officto Treasurer of MURD (Pheasant.). The partles hereto agree as follows: i. Defe-ndant/Treast irer Pheasant shall send oot notices for MURD assessments for 2018 to rVIL.111D prope rty owners by July 1, 2018,, Said notices shall state tf'iat the notice "s- for NI URD a.ssme tits and that the first half of MURD assessments stiall be due to the Treasurer by July 31� 20184 and tlte second half of WIRDassessments shall be, due by October 31, 2019. 2, The amounts used for the URD ass inen r 2018 shall be, based on a total of $3s per thousand dollars of total assessed valLie ($.25 under RCS Ch. 87,84 and $o.50 Under RC W 0"i. 87.03) uscy the assessrnent roll provided MURD to the Treasurer 0jjL JanUary 11t 2018;. Treasurer shall no- t charsce. the rate at which the properties are assessed in 2018 to be inconsistent with thiSt paragraph, 3. Forfuture years, if any during ttie stay agreed to belovi, the Treasurer and MOW shall coniply with RCW 87,03.250. IN 4. The MURD v. Pheasant mandarnus action (Grant County Cause No. 18-2-00303-9) 511311 be st.aye(I pe.nding final judg,mentlin Hansen v. MRD (Grant County Cause No -14-2-01214-2), Pending final idgment in Vlansen v,, NILIRD, tiv Treasurer- shall continueto seine by the ILA and shall send statements of ass.essment based ort the rates adopted by the MURD Board, with the t otal.assessed valuation values corrected as authorized and required by the ILA, Theassessment nofic es during the period of the stayshall be 'Included 'in the regular County tax notices, This wsre#e. -ment s h all riot be argued or construed to constitute an admissilon by any party� The parties,agre.e. that no party shall be prejudiced by this agrectrient as to anailm, defense, .argu ,, ment, equity, or otti-er position "n either: ile Hansen v. UR or 'in MURD v.. theasant (if, and after the stayis 111fted), 6. This agreement shall becon'ie birldinj".!' o the Occurrence of the following conditions: by 4-000 p.m. on'rhursday May 24, 2018': it, Signattire by ail parties hereto; b. Approval by a rorajorifty of thea -rd. of dilrector s of, NOURD'in a regularly scheduled open public rneeting or propeerly noticed special meeting -v and c. Approval by a ma*ority Of fhe COUnty Commissioners in a regular open public nieed ing or a properly nofted special meeting .1. & Delivery by ern ail to the attorneys forth�e parfles. In the everit thatthese con(iition.s are not Uniely mek,-the mandamus hearing scheduled for Fdidayo May 25, 20123 at 3:00 fmn, in M, 111D v. Pheasant shall proceed, V 7, MLIRD shall defens, indemnify, and hold Pheasant and Grant County harmless from any and a -it clairris arising from the MLIR D Board's 2018 assessments and any future assessment years 4 during the stay established by this, agreement. 8.. This agreement may be executed in counterpart. 9. Any disputes as to or arising from this Agreement shall be resolved by David A. Thorner as the final binding airbitrator, MLIRD: M Board Chair. RMIG FO EITE, ILLER & BOWERS VB nJ. IIIer,, Attorney for ML Treasurer. - Darryl Pheasant., as Grant County as Grant Treasurer and ex officio Treasurer of MLIRD Grant County Chair of Grant County Commissitoners GRANT COUNTY PROSECUTOR, Attorneyfor Pheasant and County Deputy .^,Coo t