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HomeMy WebLinkAboutLEPC 09/10/02 Minutes & Bylaws L.E.P.C MEETING MINUTES SEPTEMBER 10, 2002 Present: Marv Jochems, Billings Fire; Ron Rosh, DPC Industries; Bill Facer, FBI; Diana Davison, Transbas; Dave Warne, Brenntag West; Susan Lubbers, School District #2; Linda Schicktanzl, American Red Cross; Wheeler (Dan) Daniels, American Red Cross volunteer; Joe Mareotte, Deaconess; Charlie Hanson, MT DES; Val Ronquillo, Billings Fire; Jim Kraft, YC DES; Dianne Lehm, Big Sky EDA; Veme Petermann, Billings Police; Bill Michaelis, YC Sherriff; and Gary Workman, Public Utilities Jim Kraft, LEPC Chair called the meeting to order. Introductions were made. Minutes from previous meeting were approved as read and corrected. COMMITTEE REPORTS 1. Communications Sub-Comnfittee Report (Jim Kraft) - nothing new to report 2. Exercise Design Committee Report (Joe Mareotte) - Largest tabletop scheduled to date for October 2, 2002. There will be quite a few organizations involved in this tabletop. This is the first step to a full exercise, which is scheduled for November 2003. The exercise for November 2003 will be held from Sunday thru Tuesday. The scenario has not been decided as of yet. They are hoping to have multiple venues involved. There will be no exercise for this 3. Education Committee -Marv Jochems suggested that the Education Committee to be revived. Mary is a member of a member of the Celebrate Billings organization, which involves several organizations throughout Billings. He is on the Health & Safety Public Awareness Committee. This committee will be asking the Celebrate Billings organization for money for a new LEPC brochure on Bio- Terrorism and Methods of Mass Desta-uction. He had a meeting on Tuesday, September 10 at 3:30. The state is currently working on a 72-hour safety brochure. Susan Lubbers volunteered to be on the sub-committee for PSAs. (NOTE: Mary and Jim Kraft met with the Celebrate Billings Committee after the LEPC meeting and they approved $2800 for a new Terrorism brochure). OLD BUSINESS 1. Siren System Replacement (Kraft) - Currently looking into grants for the upgrade. This upgrade will cost approximately $60,000 - $70,000. immunization for small pox. There are some concerns regarding credentialing and liability. A $50,000.00 grant has been applied for to start the Medical Reserve Corp. There was a motion to have the Citizen Corp Council as a standing sub-committee of the LEPC. This is motion was made by Susan Lubber, 2nd by Linda Schicktanz voted on and motion approved. This committee will be Co- Chaired by the Mayor and a County Commissioner. Charlie Hanson (MT DES) stated they would be placing a Vista person in Billings beginning Jan. 2003. This person will be housed at the Red Cross. 4. Senior Leaders Homeland Security Summit (lVlarv Joehems) - This summit is being held in Denver next week and Marv was invited. Please send information on your disaster plans to Mary by Friday, so he can take it with him. There will be a Governors Summit on October 18. This will be a day long session on sharing homeland security. 5. 9-11 Ceremony (Mary Jochems) - Everyone is invited to attend the 9-11 ceremony at Pioneer Park. 6. Lead-Safe Work Practices (Vern Petermmm) - HUD is sponsoring a free training seminar on September 19 - 20 8:00 am to 5:00 pm at City of Billings Community Development Division, Jill Krueger at 657-8284 is the contact person for the City. If interested in attending, you can contact HUD Lead Paint Compliance Assistance Center at 1-866-HUD-1012 or visit www.leadlisting.org. 7. Next Meeting: Tuesday, October 8, 2002, 1:30pm, EOC. Respectfully Sumitted, James L. Kraft, Chair 9-12-02-Draft # 3 ARTICLE I. NAME, PURPOSE & OFFICE Section 1.1 Name The name of this organization shall be the Yellowstone County Local Emergency Planning LEPC, herein after referred to as the "LEPC". All power of the LEPC is vested in its membership with limited powers given to the Board o£Directors. Section 1.2 Purpose The purpose of the LEPC shall be: A.) to carry out for County of Yellowstone and its political subdivisions those responsibilities required of the LEPC pursuant to Public Law 99-499, Superfund Amendments and Reauthorization Act of 1986 (SARA),Title III, and related regulations including but not limited to: developing, training, and exercising of a hazardous material emergency response plan for Yellowstone County and its political subdivisions; · developing procedures for receiving and storing hazardous material information from Yellowstone County businesses and processing requests from the public under the community Right-to-Know provisions of Title III,SARA; and · establishing provisions for public notification of LEPC activities. B.) to plan, develop, train and exercise community emergency response plans for all other risks and hazards identified in Yellowstone County including but not limited to flooding, wildfires, major structure fires, winter storms, tornadoes, terrorism, etc. C.) to implement further related activities as may hereafter be legally required by the Federal Government, the State Emergency Response Commission (SERC), or the LEPC. Section 1.3 Business Office The organization's principal office shall be located in Billings, Montana. When necessary, the LEPC's most current Annual Report filed with the Montana Secretary of State shall identify the location of the principal office. Section 2.3 General Members General members of thc LEPC, that support thc purpose and activities of the LEPC may include but are not limited to: Yellowstone County Fire Deparlmaents Public and Parochial Schools in Yellowstone County Emergency Medical Service Agencies Montana Highway Patrol Montana Disaster & Emergency Services Montana Safety Services Council Chemical Industries/Businesses in Yellowstone County Billings area Media City and County Government Offices in Yellowstone County American Red Cross Burlington Northern-Santa Fe Railroad Montana Rail Link Pipeline Companies in Yellowstone County University Police Departments Electric and Gas Utilities US Postal Service Amateur Radio Club Section 2.4 Dues The LEPC shall determine the amount of annual dues, if any, to be paid by each member. The LEPC may establish a different amount of dues to be paid by different types of membership. The LEPC may terminate members for non-payment of aunual membership dues. The LEPC may notify members of nonpayment of dues and may provide a grace period in which to pay dues. Section 2.5 Monthly Membership Meeting The members shall convene monthly meetings on the second Tuesday of each month, at the hour of 1:30 o'clock P.M., or at another time on another day within the month that the LEPC agrees upon. Section 2.6 Special Membership Meetings The Chairperson, the Board, or the members may call a special membership meeting for any purpose or purposes described in the meeting notice. Section 2.7 Place of Membership Meeting The LEPC may designate any place as the meefmg place for any monthly, annual or special meeting of the members. The members may change the meeting place if all the members entitled to Likewise, if the LEPC indemnifies or advances expenses to an officer as defined by the Montana Nonprofit Corporation Act, the Secretary shall report this information, in writing, to all the members with or before notice of the next membership meeting. Section 2.9 Fixing of Record Date The LEPC has fixed, in advance, a date, referred to as the record date, for the purpose of determining which members, as ora certain date, are entitled to receive notice ora member meeting. The LEPC may also fix specific rights for members of record as of the record date. The record date shall be that of the annual meeting, which is the December meeting. Section 2.10 Membership List (a) Contents of List. After the LEPC fixes a record date for notice of a meeting, the officer maintaining the LEPC's record books, shall prepare a complete record of the members cmtitled to the notice of the meeting. Co) Inspection. The membership list must be available for inspection by any member, beginning 2 business days after the Secretary gives notice of the meeting for which the list was prepared. The list shall be located for inspection at the LEPC's principal office. A member, the member's agent, or attorney is entitled, on written demand, to inspect the list during regular business hours. The member shall be responsible for any reasonable inspection expenses. (c) Limitations on Use of Membership List. Without consent of the LEPC, a membership list or any part of it may not be obtained or used by any person for any purpose unrelated to a member's interest as a member of the LEPC. Membership lists shall not be distributed to members except for the sole purpose ofcondueting LEPC business. Section 2.11 Membership Quorum Twenty percent (20%) of the votes entitled to be cast on a matter must be represented at a meeting of members to constitute a quorum on that matter. Once a vote is represented for any purpose at a meeting, the LEPC shall deem it present for quorum purposes for the remainder of the meeting and for any adjoum~ont of the meeting unless a new record date is or must be set for that adjourned meeting. Section 2.12 Voting of Membership Each member (subject to the provisions of section 2.7) is entitled to one vote on each matter voted on by the members. Ifa membership (one entity) stands of record in the names of two or more persons, then the vote of one name shall bind all names on that one membership. Three-fourths (3/4) affirmative vote is required for member approval of LEPC merger and dissolution, and for major asset transfers. A majority vote shall carry on other matters requiring member action, unless otherwise stated in these bylaws or in the Montana Non-Profit Corporation Act. Section 3.7 Compensation, Loans to, or Guarantees for Directors (a) Director Compensation. The Board may, upon approval of the majority of the Board, pay each directors expenses, if any, for attendance at each Board meeting or committee meeting of the Board, or attendance to other required events as a representative of the Board, the LEPC, or committee of the LEPC. The directors shall not be paid a salary or fee for attending any meeting. (b) Loans to or C-uarantiesfor Directors. The LEPC may not lend money to or guarentee the obligation of a director. ARTICLE IV. OFFICERS Section 4.1 Number of Officers 'I~e officers 0fthe LEPC shall be a Chairperson, a Vice-Chair, a Secretary, and a Treasurer. The LEPC shall elect/appoint each of these officers. In addition to the duties specifically set forth in these bylaws, each officer shall perform any other duties that the LEPC may assign to the officer. The LEPC may appoint other officers and assistant officers, as it deems necessary. The same individual may simultaneously hold more than one office in the LEPC (e.g. Typically, the Secretary and Treasurer are one in the same person.) Section 4.2 Appointment and Term of Office The LEPC shall appoint/elect officers of the LEPC for a term that the LEPC determines. If the LEPC does not specify a term, the officers shall hold office for one year or, within that year, until they resign, die or are removed in a manner provided in section 4,3. A designation of a specified term does not grant to the officer any contract rights, and the LEPC can remove the officer at any time prior to the termination of the designated term. Section 4.3 Removal of Officers The LEPC may remove any officer at any time, with or without cause. The removal shall be without p~r,ejudice to.the contract rights, if any, of the person removed. A LEPC's appointment of an officer shall not of itself create contract rights. Section 4.4 Chairperson The Chairperson shall be the principal officer of the LEPC. The Chairperson shall be subject to the control of the LEPC, and shall, in general, supervise and control, in good faith, all of the business and affairs of the LEPC. The Chairperson shall preside at all meetings of the members and of the LEPC. The Chairperson may sign, with the Secretary or any other proper officer of the LEPC that the LEPC has authorized, deeds, mortgages, bonds, contracts, or other LEPC authorized instruments. Section 4.5 Vice-Chair/Chairperson-Elect The Vice-Chair of the LEPC is automatically the Chairperson-Elect of the LEPC and will assume the duties of the Chairperson when the Chairperson's term has expired. The Vice-Chair shall 7 determined by the LEPC Chairperson after consultation with the Board of Directors to ensure that all committees have sufficient manpower to carry out their assigned tasks. The Standing Subcommittees may have non-voting, non-LEPC members as necossary for advice and expertise. Section 5.3. Meetings of the Standing Subcommittees Each Standing Subcommittee may bold a meeting between consecutive monthly membership meetings of the LEPC. Additional meetings of the Standing Subcommittees may be called by the chairperson of those subcommittees or by the Chairperson of the LEPC as deemed necessary. The presence of a majority of the members shall constitute a quorum for the transaction of business. Section 5.4 Duties of the Standing Subcommittees A.) The Community Awareness and Emergency Response (C.4ER) Subcommittee. The CAER Subcommittee may: · promote community awareness about the potential of handling hazardous materials emergencies and other natural disasters; · advise the public of appropriate actions to take in such emergencies and other natural disasters; · evaluate resources and pmcedures for public alerting, warning and notification of a hazardous material emergency or natural disaster;, · inform the public of LEPC meetings and arrange publicity for the LEPC; · formulate policies and procedures concerning the public's right-to-know provisions of SARA Title III, and related state laws; and · respond to public inquires and complaints regarding specific incidents or facilities. B.) The Conference Subcommittee. This subcommittee may arrange, coordinate and conduct an annual LEPC conference at the request of the LEPC or it may combine a conference with another closely-related conference with approval of the LEPC. C.) The Exercise Design Subcommittee~ The Exercise Design Subcommittee is responsible for the planning, coordinating and conducting'annual or semiannual exercises that reflect on the hazards that pose afisk to Yellowstone County. The Yellowstone County Disaster and Emergency Services Director is a required member of this committee by nature of his duties. D.) The Grants Subcommittee. This subcommittee may seek out, apply for and accept grant funds on behalf of the LEPC. Such grants will adhere to the purpose of the LEPC and include but are not limited to: · promote/enhance public awareness of emergency response activities, · provide awareness, training and exercising of emergency response personnel, · enhance public alerting, warning and notification and · provide equipment for emergency responders for hazardous material and other natural disaster response. 9 adjudged liable on the basis that personal benefit was improperly received by the director; provided that indemnification of a director shall only be to the extent not otherwise compensated, indemnified or reimbursed by insurance. Section 6.5 Exempt Activities Limitation Notwithstanding any other provision of these bylaws, no director, officer, employee, or representative of this LEPC shall take any action or carry on any activity by or on behalf of the LEPC not permitted to be taken or carried on by an LEPC exempt under Section 501(c)(3) of the Intemal Revenue Code and its Regulations as they now exist or as they hereafter may be amended, or by an organization contributions to which are deductible under Section 170(c)(2) of such Code and Regulations as they now exist or as they hereafter may be emended. Section 6.6Amendments (a) General. Any amendment to these bylaws must be approved by a majority vote of the members of the LEPC. (b) Notice of Meeting to Vote on an Amendment. If the LEPC or the members seek to have the amendment approved by the members at a membership meeting, the Secretary of the LEPC shall give written or electronic notice to the members of the proposed meeting, in accordance with section 2.5 or Section 2.6. ARTICLE VII. APPROVAL AND ADOPTION APPROVED AND ADOPTED THIS DAY OF ., 2002. EFFECTIVE UPON APOPTION. Current Chairperson Past Chairperson ATTEST: Recording Secretary 11