The Atchison County Commission met Tuesday, February 22, 2022. Present were: Presiding Commissioner Curtis Livengood, South District Commissioner Richard Burke, North District Commissioner Jim Quimby and Susette Taylor, Clerk of the Commission.
Minutes of the previous meeting were read and approved.
Bills were reviewed and approved for payment.
Clerk Taylor presented a request from the Tax Increment Finance Board requesting the commission reappoint Jacque Gayle Gebhards to another four-year term. An additional request was received requesting the commission reappoint Craig Corken to fill the vacant position of Scott Melvin. Craig would be serving a new four-year term. The commissioners voted unanimously to approve the appointments.
The commission accepted a request from the SB-40 President Steve Klute to reappoint Greg Young, Jacque Gayle Gebhards, and Devon Sons as members of the SB-40 Board. The commissioners voted unanimously to approve the appointments.
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The Atchison County Commission met Thursday, February 24, 2022. Present were: Presiding Commissioner Curtis Livengood, South District Commissioner Richard Burke, North District Commissioner Jim Quimby and Susette Taylor, Clerk of the Commission.
Minutes of the previous meeting were read and approved.
Bills were reviewed and approved for payment.
Collector Diane Livengood met with the commission to further the discussion about outlawing personal property delinquent taxes for 2016, 2017 and 2018 according to RSMo 140.730. The commission reviewed the lists, and everyone agreed that the remaining accounts would not be able to be collected. The commissioners voted unanimously to approve outlawing 2016 delinquent personal property taxes in the amount of $6,072.31, 2017 personal property taxes in the amount of $7,724.92, and 2018 personal property taxes in the amount of $10,573.32.
Phil Graves with the Mill Creek Drainage District and Troy LaHue with the Nishnabotna Drainage District met with the commission to see if the county would be able to use ARPA funding to assist an infrastructure project for new pumps in ditches 3, 5 and 7 within their drainage districts. When the new setback levee was constructed, funding did not include replacement of the pumping stations. This is a mitigation project with a cost of $1.6 million. Through DNR and FEMA they have been able to secure approximately $1 million in funding. Clerk Taylor had contacted the Northwest Missouri Regional Council of Governments and the NRCS, both of which they were already working with. Clerk Taylor is going to follow up to see what restrictions, if any, apply to the ARPA funding and see if there are potential match options that could be applied for through the state.
The 2021 financial statement was published as required in this week’s edition of the Atchison County Mail.
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The Atchison County Commission met Tuesday, March 1, 2022. Present were: Presiding Commissioner Curtis Livengood, South District Commissioner Richard Burke, North District Commissioner Jim Quimby and Susette Taylor, Clerk of the Commission.
Minutes of the previous meeting were read and approved.
Bills were reviewed and approved for payment.
Presiding Commissioner Livengood was contacted by the Tarkio fire chief who reported that the local fire chiefs were agreement that there is a need to implement a burn ban in Atchison County. The commission contacted Sheriff Martin to discuss the concerns. Everyone agreed to move forward with implementation of the ban. The commission issued Ordinance 001-2022, a County-Wide Burn Ban, due to the the imminent threat of disaster by the way of fire, and
Fires have been reported throughout the county and have caused substantial damage. Once started, these fires are difficult to control and strain volunteer fire department manpower and resources.
The Atchison County Commission ordered that the following acts are prohibited within the boundaries of this County by all citizens and visitors:
1) Careless use of materials, including cigarettes, cigars, and smoking pipes. Discard shall be in a manner to prevent threat from smoldering remains initiating a fire.
2) Building, maintaining, attending, or using any open fire or campfire except in permanent stoves or fireplaces or barbeque grills.
3) Prescribed burning of all fence rows, field, wild land, ravines, trash, and debris. Prescribed burning may be exempted from this order where such burning is necessary and has been specifically approved in writing by the Atchison County Director of Emergency Management (or other appropriate officer) of this County.
It was further ordered that the knowing and willful violation of this ordinance shall constitute a misdemeanor and any person convicted of such violation shall be punished as provided by law.
The ordinance is in effect until action is taken by the Atchison County Commission to terminate.
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Clerk Taylor presented a request from R&M Schoonies LLC, DBA River Rock Lanes to add retail liquor by the drink resort. The commissioners voted unanimously to approve the license as requested.
Clerk Taylor presented the following Contract of Obligation to update the Financial Assurance Instrument for the Atchison County Sanitary Landfill, Permit #0100501, Atchison County.
CONTRACT OF OBLIGATION
This agreement is made and entered into by and between Atchison County, Missouri, and the Missouri Department of Natural Resources, hereinafter referred to as the MoDNR.
Whereas, Atchison County, Missouri, has submitted a permit application for this construction, operation and maintenance of a solid waste disposal area to MoDNR pursuant to the requirements of sections 260.200 to 260.345, RSMo, the Missouri Solid Waste Management Law (hereinafter “Law”) and the rules promulgated there under, and
Whereas, pursuant to the Missouri Solid Waste Management Rules, 10 CSR 80-2.030(4)(D)7., a municipality or county may execute a “contract of obligation” to satisfy the requirements for a financial assurance instrument in applying for a permit to operate a solid waste disposal area.
Now therefore, in consideration of the issuance of Permit No. 0100501 by MoDNR to Atchison County, Missouri for the operation of a solid waste disposal area and in consideration of the mutual covenants contained herein, MoDNR and Atchison County, Missouri hereby agree as follows:
1) Atchison County, Missouri, is hereby bound unto MoDNR in the sum of $224,766.00 and hereby authorizes the Director of the MoDNR, or designee, to collect said sum from any funds being disbursed or to be disbursed by the State of Missouri to Atchison County, Missouri, upon failure of Atchison County, Missouri to (close and /or post-closure) plans.
2) Should MoDNR find that Atchison County, Missouri, has failed to properly (close and/or provide post-closure care for) the solid waste disposal area, MoDNR shall notify Atchison County, Missouri, of such finding and pursuant to 260.235, RSMo shall afford the opportunity for administrative and judicial review of such finding.
3) Atchison County, Missouri, hereby authorizes the Director of the Department of Revenue and the State Treasurer to withhold from any funds being disbursed or to be disbursed by the state of Missouri to Atchison County, Missouri, the sum of $224,766.00 upon receiving notice from the Director of MoDNR of Atchison County, Missouri’s failure to properly (close and/or provide post-closure care for) the solid waste disposal area.
4) This contract shall terminate upon written notice from MoDNR that Atchison County, Missouri, is released from the requirements for a financial assurance instrument for (closure and/or post-closure care) as required by the law and the rules promulgated thereunder.
5) If Atchison County, Missouri, desires to terminate this contract prior to completing proper (closure and/or post-closure care) for the solid waste disposal area it must:
a) send a notice of termination in writing addressed and delivered to the MoDNR 120 days before that termination will occur: and
b) post with the MoDNR an acceptable alternative financial assurance instrument, as provided for by the law or by any rules adopted pursuant to the law within 90 days after the notice of termination is received by the department, and
c) Receive a written acknowledgement from the MoDNR of receipt by MoDNR of an acceptable alternative financial assurance instrument.
If Atchison County, Missouri, does not provide an acceptable alternative financial assurance instrument within the time limit specified above, this contract shall remain in effect until terminated as specified in 4 of this contract.
6) Atchison County, Missouri, has by resolution attached hereto as Attachment A and which by this reference is incorporated herein and expressly made a part of this agreement, authorized the signatory hereof to execute this contract of obligation and bind Atchison County, Missouri, to the terms thereof.
7) The effective date of this contract is the date this contract is signed by the Director of the MoDNR.
Following review of the contract, the commissioners voted unanimously to approve the signing of the contract of obligation.
Road and Bridge Supervisor Kamron Woodring was in to discuss renewing the lease for a small tractor. The commission agreed to the renewal but will take action on it at their next meeting.
