Accept Multi-Use Trail Easement Agreement – 3KS Family, LLLP – Orange Belt Trail – No Funding Required

41:32Great, great, uh great program. Okay, now is it time for the consent agenda. Um I have a few polls in the consent agenda. C six, C fifteen, C twenty-nine, and C seven. Are there any other polls in the consent agenda? C six, seven, fifteen, and which ones, Chairman? Six, seven, fifteen, and twenty-nine. Okay.

41:58Got mine, C seven? Yes.

42:03I move approval on the rest of the consent items. Okay, we have a second. Yeah, roll call vote.

42:10District One, Commissioner Oakley.

42:12Aye.

42:12District two, Commissioner Weightman. Aye. District three, Commissioner Starkey. Aye. District four, Commissioner Bradford. Aye. District five, Chairman Mariano.

42:22Aye. Now I do have a note on C six it was gonna be a public hearing item. C six to be moved to the afternoon. C six will be moved to the afternoon. So go to C seven, Commissioner Starkey.

42:35Um so this is uh the um movement for the orange belt trail. Um and I'm assuming this is the one that we worked on for at Pasco or Central Pasco Employment Center. Is that correct?

42:53Geek or Tina or anybody?

42:56This is on Mr. Southworth's

42:58property. Yeah, okay. See there's no one here that knows about And um

43:05Uh there's a couple things on there. One it talks about a bobwire fence. Um if there are no cattle on the northern piece, do we still have to put a bobwire fence or does this say only If They're our count.

43:21Hey, good morning ma'am. Doug Anderson, Assistant Director of Facilities Management. Uh based on the information that I saw going back and forth between um for the MPUD and devo uh future development and also engineering there will be live cattle that uh that's requiring us to have the barbed wire fence or barbed wire on the fence. Uh there were two options presented. Uh F dot F dot type type A and type B fencing. Um

43:52I have some. I have some pictures right here what what the difference is.

43:56Do I have to

43:57show 'em can you show 'em in the Elm Right?

44:05Um but my question is if there are no cattle, do we still have to have that fence? Because that's the Amazon site and

44:13the answer would be no. If there's no if there's no we're not trying to keep any livestock, then you would not have be required to have the barbell.

44:19So we don't have to have a fence between the property and the trail?

44:23No. Okay. What he said was you didn't have to have a barbed wire. I vi I read this to say you have to have a fence.

44:30Well that that's not a good idea to have a fence, keeping the public from the trail. So I'd I'd like to Talk about that.

44:39I think the idea is to keep the public from this property. Not keeping the public from the Well that's

44:45how some people may get to work. I mean w we n you never put a I've never seen a f There's no reason to put a fence there. If it's not I understand for cattle But

44:59This is not a private um gated area. So it's just about place of employment while people work. So I I'd like to make sure we're discussing with the property owner that we don't need a fence if there isn't cattle.

45:16Commissioner Oakley. I I gotta ask a question. Uh how come Well that's a class you're saying the fence is covering a roadway, the a public roadway?

45:27It's just m it's marking off the right away or easement between the Uh cattle uh cattle herders property and the area where the trail will be going. So it's just to make sure that the cattle do not roam into traffic in other areas.

45:44And we have to ha you have to have that. You don't want cattle going across the trail.

45:47Right.

45:48But When that land gets developed, there's no reason to have that fence.

45:53Well the cattle won't be there either.

45:56Exactly. So I just want to make sure in this agreement that there doesn't have to be that fence once there is no cattle. Is or are the bottom of the property. The second thing is this if that if Just to make sure everyone remembers this. Uh 'cause I was on the state rainways and trails council when we when the state passed this. Any Land that is owned by uh a private citizen that has a trail going through it, if

46:26it's open to the public, the state will take on the liability. So it's there's no reason for us to take on that liability. If we don't if so just want to make sure Mr. Administrator, that you know that that law exists in state statute.

46:42Chairman

46:43Commission Weightman. Thank you, sir. Um Yeah good Good point on liability, Commissioner Starkey. I just want to make sure that

46:52the private landowner, you know, obviously people can if there's if if if the general public they'll folks wander, right? So I worry about the liability and the liability coverage that the private landowner would have to have. And that's just an additional cost to that private landowner. So Agreeing with Commissioner Starkey. Let's make sure that we limit the liability to the private landowner that's gonna be, you know Sharing this this space together. So that's just my concern uh with it. Yeah

47:21and to and to expand on that uh lia liability coverage, it's not just on the trail, it covers the whole boundary of the contiguous property that private landowner owns.

47:33Is there a cap? On the There's a lot of acreage there. So it'll cover those that whole a hundred.

47:40It'll cover Mr. S if Mr. Southward is letting the public use that piece Um Which I'm surprised it's an easement. I thought we were getting that as a donation. Um but Uh if Whatever Mr. Southward's property lines are If there's a trail, public trail going through his property, he is covered under all his property.

48:04Yeah. Commissioner Weightman. Thank you. Thank you, Chairman Mariano. in my neck of the woods. Let's let's confirm what Commissioner Starkey is stating and let's reach out to the property owner and the right-of-way. and and let them know and that way everybody's everybody's covered and try to limit the expense and exposure to to the the the neighboring landowner, please.

48:25Well the property owner is the The way this agreement is written, the property owner is indemnified by The county commission.

48:33Yeah. But I'm saying the county doesn't have to take that on. Just to make you aware that the state will take that on.

48:39Shall we continue this item to the next meeting? I would I

48:42would recommend it.

48:43Okay. Uh

48:45Mr. Chair, I'll need to get a copy of that image for the record. Okay. So if staff just wants to give it uh to my team that would be fine.

48:52Can we get a m go on a motion? Um move

48:56to continue. No,

48:58we'll just withdraw the move to receive and file the paper, please. We'll actually file the paper that was just submitted. I'll I'll go ahead and just withdraw. She made the motion on a second withdrawal. Okay. All right, C six is gone.

49:13You may want to take a vote on the receive and file so that it's part of the record.

49:19Thank you.

49:21Yep,

49:21and you have a second.

49:22Motion, second, all in favor? Aye. Roll call.

49:25District one, Commissioner Oakley.

49:27Aye.

49:27District two, Commissioner Weightman. Aye. District three, Commissioner Starkey. Aye. District four, Commissioner Bradford. Oh

49:34my my mic. All right.

49:35District five, Chairman

49:37Mariano. So my my mic was not on. Were you able to record what I was saying? Okay, it's on.

49:43Okay, C

49:43C fifteen Ben Hager.

49:46C fifteen, we're pulling that agenda item and moving it to a to uh the next board meeting

49:50okay and c twenty nine is withdrawn as well Yeah. That'll take care of the consent agenda.

49:58It's a small one today.