The Future Of HAZMAT Once Again Focus Of Supervisor Meeting

The Mahaska County Board of Supervisor on Monday, June 3, 2013.

Oskaloosa, Iowa – The Mahaska County Board of Supervisors, in their regular meeting on Monday, once again took a look at what the future of hazmat may look like in the future for Mahaska County.

Ottumwa Fire Chief Tony Miller is the director of SIRG. SIRG provides the hazmat coverage for Mahaska County and 9 other counties through a 28E agreement. Miller did say that there is a possibility of them also covering a county in Missouri. “That’s not unusual in the State of Iowa,” Miller said of the possibility the response group could pick up the additional coverage area.

Tony Miller felt that some recent news articles have had some mistruths in them, “so I’m here to set the record straight.”

The county pays .85 cents per-capita to the association. This equals to $19023.84 per year, sent to SIRG.

Miller also explained that 28 of his staff are hazmat trained.

Supervisor Mike Vander Molen questioned Miller as to why the per-capita has been the same every year, and not varying according to the needs of the group. Miller responded, “When you start buying equipment for HAZMAT, it’s not cheap.” Miller said that dependent upon future costs, the per-capital could potentially be lowered.

When Vander Molen questioned Chief Miller about if SIRG had trained any of the firefighters in Mahaska County to be certified for HAZMAT, Miller said that in the past two years none of them had been by SIRG.

Miller also questioned the timeline outlined over a HAZMAT spill that involved the railroad. He disputed the reported timeline of 2 and 1/2 hours for the response by SIRG. “It’s absolutely not true,” Miller said.

Miller said that the decision at the time was to wait for Union Pacific, that decision was made by both the former chiefs. “That’s why it took so long,”

Miller was also concerned about the article that said, “Oskaloosa could do a better job,” saying that SIRG provides pretty good coverage for the counties we cover. He explained that we have responded to Mahaska County on calls, stating that last year they came and recovered 57 bottles of acid. “Nobody knew anything about it. We just came up and took care of it.”

“You know, if you guys are going to drop out of SIRG, that’s a business decision,” Miller told the board. “However, I don’t understand why SIRG’s got to be dragged through the mud over this situation, when we’ve done everything we could do to provide the service and support.”

SIRG was the first regional HAZMAT team in Iowa, formed in 1991. Initially, the levy was $1.00 per-capita for the first 10 years, and then dropped to 85 cents per-capita, where it has remained since.

Supervisor Mike Vander Molen asked Miller, “Is there any reason Oskaloosa, if they had been trained at the technician level, could not have handled that incident.” [HAZMAT train leak]

Miller responded by saying, “Just remember one thing, you have a HAZMAT decision to make. It’s going to require a whole bunch of people. It’s not going to require 8 guys or 10 guys or 12 guys, If you have an actual train derailment or whatever, which is very possible to happen, it’s going to take as many guys as possible.” Going on, Miller said, “If you say Osky Fire or Mahaska can handle it, I’m not gonna say that, why would I say that? Maybe they could, maybe they couldn’t, I don’t know. It all depends on the situation.”

Miller once again said he was displeased with SIRG “being dragged through the mud.”

Vander Molen told Miller that in the end he believes he would have to sell the service to Emergency Management. Miller said he wouldn’t make a comment on that.

Another focus of the meeting was to hire counsel for EMA/HAZMAT structure. Supervisor Greg Gordy said that he had spoken with Des Moines attorney Carlton Salmons, who is also the attorney for Heartland Insurance. “In my opinion, I thought maybe it would be easier to have Carlton come down and explain the whole structure for us,” said Gordy.

According to advice given to Gordy by Salmons, “Carl told me, there was definitely no reason why Mahaska County should be entering into a 28E agreement.”

The debate about the county itself being involved with HAZMAT in general. “It would be best to hire Carl, have him come down and give his presentation of the code. Everybody can ask questions at the same time so we can all get this thing on the same page,”  Gordy said.

The rate to have Salmons present that information would $145.00 per hour.

Mike Vander Molen said that he believed that we already have a county attorney that is capable of reviewing code, and didn’t believe in paying an outside consultant $145.00 per hour to give their summation. “Especially when they work for Heartland,” Vander Molen said.

Heartland is the insurance carrier for Mahaska County.

Vander Molen, a lawyer by trade, came to the same conclusion that Carl had, in that the county shouldn’t be in HAZMAT, “it’s really a matter for EMA to be handling, and that’s what Carl told me, and I agree with him.”

“And there’s other things the EMA is doing that isn’t proper and there per the code, and so as well, and so we need to get the whole structure back on track and get everybody all on the same page,” Gordy rebutted.

Vander Molen said “there is an obvious conflict there, Heartland is going to tell us to buy separate insurance because that’s what they’re in the business of doing.”

“Sue sits on the board, and I sit on the board, and obviously you don’t know the structure of Heartland Insurance, thinking they’re just an insurance agent,” was Gordy’s reply to Vander Molen. “Obviously you aren’t on the proper track with the basis for Heartland Insurance.”

“Because obviously Emergency Management Association isn’t on the proper track here either, or the Auditor’s Office,” Gordy said.

“If Jamey has issues or if that commission has issues on how they’re set up, they can hire their own attorney if they want,” Vander Molen said.

“Well if the Board of Supervisors has issues of how it’s set up, or how the Auditor’s Office is doing,” Gordy said.

“Well it’s set up per code, I mean,” Vander Molen said.

“It’s not set up per code,” Gordy responded.

Van Molen quizzically asked, “Emergency Management?”

“No it’s not,” Gordy responded.

“Their commission is set up by code,” Vander Molen said.

“Correct, but it’s not being administered by code. If you talk to Carl, you would know that,” Gordy said.

“I had a 40 minute conversation with Carl on the phone, Vander Molen said. “and he came to the same conclusions I do, that HAZMAT should be handled through the EMA office and they need to get their own insurance.”

“You’re right, but the structure of it you evidently didn’t touch or ask questions,” Gordy responded.

Gordy expressed that he has had discussions with the Auditor’s office “even in years past”.

Vander Molen asked if Gordy would be willing to discuss those concerns now.

“No, because there’s no need of me because you don’t want to hear it from me,” expressed Gordy, saying it would be best to come from Carl.

“I don’t even know what the nature of the issue is,” Vander Molen said. “How can I vote to hire somebody if…”

Gordy jumped in saying “Because Emergency Management isn’t on the right track. It needs to be gotten on the right track per the code and with the administration of the finances.”

Jamey Robinson then asked, “I guess as EMA, you’ve kind of referenced we’re not on track and there’s a few things we’re doing we shouldn’t be doing, I guess that would be my question, what is it we’re doing that we’re not suppose to be doing?”

Gordy responded, “Per code, Carl can spell it out. That’s why if Carl comes down, we can have dialogue and ask him directly. You don’t need to ask me how it is.”

Robinson responded, “Mr. Gordy, what I get is you’re accusing my office of not following Iowa Code.”

“Because I’ve heard that,” Gordy said.

“What specifically though?” Robinson asked.

“He’s the attorney, that’s why he can spell it out,” Gordy said.

“But you’re accusing me in front of cameras and in front of the public,” Robinson said.

“That’s right. Because I’ve heard from the attorney and that’s why I’m supporting having the attorney come down to spell it out for ya. And you can come, as well as your board can come, and ask and have the exchange.”

Robinson asked if the meeting would be at night or during the day. “I’m just curious because since my commission, a lot of them are mayors and stuff.”

“I haven’t got back with him yet,” Gordy said.

“You want to meet with the Emergency Management Commission, you want to get all the Mayors here?” Vander Molen asked Gordy?

“We can offer them to come, that is what I said,” Gordy replied.

Vander Molen asked Gordy if he wanted to come to a commission meeting, “Maybe that’s the better course?”

Gordy still insisted that the best course would be to have an outside expert come in. “I’m not trying to direct or lead this thing, or slam it down anybody else’s throat.”

Gordy then told Vander Molen, “But you seem to resent somebody else outside coming in and messing with this.”

Vander Molen responded, “We have a capable county attorney.”

Gordy asked why he hasn’t come up with the same conclusion?

Vander Molen said, “We haven’t asked him.”

Gordy went on saying, “How long have we been talking about this?”

Vander Molen expressed concern with the expenditure on outside counsel “when we have capable [counsel]” saying he didn’t want to waste taxpayer money.

The motion to hire outside counsel passed with Gordy and Dolan in agreement, and Vander Molen’s no.

Vander Molen then asked if there was a limit to the amount to be spent on outside counsel as per usual protocol.

No limit was set by the board.

Before tackling the HAZMAT issue the supervisors approved the agenda, paid the bills for May and approved the minutes for April 10 and May 20. They also approved a quitclaim deed that resolved an error from the past.

Approved was a payroll change for the county attorney’s office, with an increase in salary for the assistant county attorney to $52,000 a year.

The board then went into a closed session to discuss pending litigation that was presented by Mahaska County Attorney Charles Stream. With the unanimous vote the board authorized the county attorney to proceed with a civil action lawsuit.

Also decided was to hire an outside attorney Eric Palmer to represent the CPC in an upcoming case that may have a conflict of interest with the county attorney.

The board then discussed two resolutions concerning mental health regionalization and case management.

The first was giving Mahaska County’s intent to join in a mental health regionalization effort with Marion and Poweshiek. This resolution reaffirms the letter of intent that was drafted while Jasper County was part of the region.

This will allow the three counties to continue moving forward towards the formation of a 28E agreement. Passed by a vote of 3-0.

Also discussed was the resolution in regards to forming a Tri-County case management for mental health services. Poweshiek and Mahaska Counties already have case management, and Marion would be joining the other two to for a Tri-County case management.

Supervisor Greg Gordy questioned the resolution where it says, “The Mahaska County board of Supervisors approves the recommendation of the 28E advisory board to agree to a tri-county case management service by the region consisting of the counties of Marion, Mahaska and Poweshiek.”

Gordy wanted to know that “for some reason we didn’t come to an agreement on the 28E in mental health, this is already forming a tri-county, means we already agree to a 28E agreement.”

Gordy wanted the language changed to, “subject to approval of a satisfactory 28E agreement for mental health services region, cause then it refers it back to the whole 28E that forms the region.”

Supervisor Mike Vander Molen disagreed saying the resolution is a non-binding document. The vote on the new language was 2-1 with Vander Molen being the no vote.

The resolution passed unanimously 3-0 in favor of moving forward with tri-county mental health.

EMS Association changes would require the supervisors to sign off on a new grant application, that buys equipment and training for agencies like Oskaloosa Fire and Police, New Sharon Fire.

A motion was approved for the county disaster declaration and was passed with a 3-0 vote.

Also approved was the fireworks display permit for the New Sharon Spring Festival, a service agreement with Bearence.

Approved was modifications to the county employee health plan covering a change in chiropractic limit and a dental plan recommendation.

Approved a service agreement with Solution Inc over I-series and software for fiscal year 2014.

Supervisor Mark Doland made a motion to hold an informational meeting about the regional airport so citizens could ask questions about the airport. The discussion turned towards having the county’s representative Joe Warrick update the board on the current status of the project.

The motion died for a lack of a second.

Also approved was the contract to overlay Indian Way, and also within Secondary Roads was to approve 2014 salaries on non-union employees.

Discussion on the sale of the Leighton Secondary Roads shop also took place.

The meeting adjourned, with the next scheduled meeting set for June 17th in the 3rd floor conference room at the Mahaska County Courthouse.