The Board of Ellis County Commissioners met in regular session at 8:45 a.m. Monday,

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1 February 9, 2009 County Commission Minutes The Board of Ellis County Commissioners met in regular session at 8:45 a.m. Monday, February 9, 2009, in the Commission Room at the Courthouse, 1204 Fort Street, Hays, Kansas, with the following present: Perry S Henman, Chairman, Glenn D Diehl, Member, Vernon L Berens, Member and Alberta Klaus, County Clerk. Chairman Henman called the meeting to order at 8:45 a.m. and asked for approval of the January 26, 2009, Commission Minutes. Diehl made a motion to approve the January 26, 2009, Commission Minutes as presented. Berens seconded the motion and the motion carried three to zero. These Minutes were then signed. Corrections were noted for the Draft Commission Minutes of February 2, Extension 4-H Agent, Susan Schlichting, presented an update on 4-H activities. Several projects the youth have been involved with are robotics, knitting, and parliamentary skills. Schlichting invited the Commissioners to attend 4-H Day, which will be held in Ellis at St. Mary s Elementary School from 5:30 p.m. to 8:30 p.m. on Monday, February 16, George Korobka discussed Noxious Weed matters. He said he sprays for the City of Hays and State of Kansas. He has figured his costs for chemicals and time and feels we need to increase the fees charged. He would like to charge for mileage, equipment and time in the amounts of $30.85 per hour labor, $25.00 per hour for the 2 ½ ton spray truck, and $19.90 per hour labor and $20.00 per hour for the ¾ ton spray truck. Previously we only charged labor and $.46 per mile.

2 Diehl made a motion to enter into agreement with the Kansas Department of Transportation (KDOT) with the updated rates. Berens seconded the motion and the motion carried three to zero. This agreement was then signed by Chairman Henman. The Commission agreed by consensus the City of Hays would pay the same rates. Korobka reviewed the 2010 Noxious Weed Management Plan that is currently in place. This plan does not have to be updated this year, but it does need to be signed by the Commissioners. Berens made a motion to sign the 2010 Noxious Weed Management Plan for KDOT. Diehl seconded the motion and the motion carried three to zero. This was then signed by the Commissioners. Korobka will publish a notice in the paper this month notifying landowners that noxious weeds need to be controlled. Korobka then reviewed the Noxious Weed Eradication Progress Report for The report listed the estimated acreage of noxious weeds that were treated in the County. Diehl made a motion to sign the Annual Noxious Weed Eradication Report for Berens seconded the motion and the motion carried three to zero. The Commissioners then signed the report. Public Works Administrator, Mike Graf, discussed road and bridge, solid waste, noxious weed and environmental matters. Graf reviewed the Federal-Aid Project Requirements that were on the Web Site regarding the Federal Stimulus Plan. It would include projects ready for letting in days and others that would be ready in a year or so. We have to be environmentally ready. It appears Bridge 780 and Project Number 26C would not be eligible for economic stimulus funds because the projects have been let.

3 We should be ready for Phase Two of the Federal Stimulus Package. We could use the funds for the Steel Truss Bridge and we would not have to meet the cost share on it. Rehab work being done now probably will not be eligible for Federal Funds. At this time the Federal-Aid Projects Stimulus Plan is not final. The Steel Truss Bridge Project Number 26C south of Walker would not qualify for the State 80% and County 20% cost share because we have exceeded our federal obligation authority. The Board was in consensus that Graf should draft a letter to Congressman Jerry Moran, Senator Pat Roberts and Senator Sam Brownback for consideration of federal stimulus plan funds being used on Bridge Number 780. Graf presented the January 2009 Solid Waste Report. Expenses paid out in January were $90, There was a total of 1, tons of municipal solid waste collected and $82, collected for all waste. Graf requested an executive session to discuss right of way property acquisition. Berens made a motion to enter into executive session for ten minutes at 9:50 a.m. for preliminary discussion of property acquisition with Mike Graf and County Counselor Bill Jeter. Diehl seconded the motion and the motion carried three to zero. Open meeting resumed at 9:58 a.m. with no action taken. Rural Fire Director Dick Klaus presented his monthly report. CPR classes will be held February 18 for Company Five Firefighters, February 25 for Company Three and Four Firefighters, March 1 for Company Eight and Nine Firefighters and March 11 for Company Six and Seven Firefighters.

4 Klaus reported he has sent out requests for bids for a mini pumper fire truck for Company Six. The bids are due March 9, 2009 at 9:00 a.m. in the County Clerk s Office. The two mini pumper trucks that we currently have are doing a good job. Klaus attended a conference in Topeka last week. Emergency Medical Services Director Kerry McCue discussed the possible adoption of a new rate structure. Claudine Richmeier, EMS Office Manager also came to the meeting. McCue recommended $ for the BLS Non-Emergent calls, $ for BLS Emergent calls, $ ALS Level 1 calls, $ for ALS Level 1 Emergent calls, $ for ALS Level 11 calls, $ for Specialty Care and Mileage of $10.00 per mile. Last year it cost $ each time an ambulance was called out but no transport was made and $ per transport. McCue wants to keep the non-profits at the current fee of $90 but to increase the profit organizations from a flat rate of $125 to $50 per hour. He would also recommend $50 per hour for wait time. Chairman Henman questioned the number of those that don t have insurance to cover the cost. McCue explained that 84% services billed were sent to insurance companies, whereas 13% of the people received a bill but probably only 4% are self pay. Action will be postponed until next week. County Treasurer Mike Billinger discussed the Investment Performance Report for the fourth quarter of We currently have $33,801, invested at the end of We try to invest mostly local but we can invest in a municipal investment pool if they pay more than local sources and we can only go out a maximum of 2 years with our investments.

5 Chairman Henman is concerned about our current debt and questioned if we could consolidate our debts into a temporary note because we are currently only earning 1% on invested funds but are paying 3-4% interest on purchases. Billinger said temporary notes are used for capital improvement and equipment purchases and he will check with County Counselor Bill Jeter regarding temporary notes for current leasepurchases etc. Billinger also discussed a delinquent tax sale that will be scheduled this year. Numerous citizens came to the meeting at this time. Dana Kraus discussed zoning issues. Kraus is a lease holder in the wind farm project. Kraus said Henman questions the zoning regulations in place and how they are written. That is in the past and we need to move forward. He proposed details such as a distance of 2,000 feet for a wind turbine from any home, road agreements between the Wind Company and the County. He said Let the Planning Board do their job. Diehl asked Kraus to present this information to the Zoning Board. Chairman Henman said Kraus should attend the Public Hearing on the Zoning Regulation Changes. Taylor Bemis addressed a moratorium on wind farms. He said a moratorium on wind will halt all progress on wind farms. He believes a moratorium is unnecessary and counterproductive to the zoning process and development of wind farms and all industry in Ellis County. County Counselor Bill Jeter came to the meeting to discuss various topics as requested by the Commissioners. Jeter said the Public Building Commission (PBC) has the authority to appoint Committees to study various issues. Jeter said by-laws were adopted and committees could be adopted and

6 these Committees would report back to the PBC. These meetings would be subject to the open meetings act. Diehl said at the next PBC meeting we could appoint a committee that will review issues and report back to the PBC. Berens asked Jeter about the cell tower reapplication. Jeter said he visited with Dale Wing about this. The cell tower application at Victoria has to be re-filed. At this time the application for RCC Atlantic/Paul Schippers is with the zoning board. Diehl asked about the Emergency Medical Services (EMS) Fitness and Wellness Policy. Jeter said it would be good to have Kerry McCue and himself explain the EMS Fitness and Wellness Policy. Jeter said the question is, is the policy open to negotiations or is it subject to the Directors discretion. Henman asked if this would need to be discussed in open session. Jeter said it will be discussed in open meeting as a policy change. If it becomes a union matter, it will be discussed in closed session. Jeter said there could be 3 to 7 members on the Board of Zoning Appeals and one of those would be from the City of Schoenchen. This Board would hear variances from zoning regulations and decisions of the Zoning Administrator. This Board does not come before the Commission. Berens said he still has questions regarding this Board. Jeter said the Zoning regulations would need to be changed where it states that the Zoning Appeals Board is the Zoning Board and to state the number of members on that Board. Jeter

7 would like for that to be done with the other zoning regulations that are being proposed. The Statues on Zoning state that the Zoning Appeals Board can be the same. County Counselor for the wind energy, Dennis Davidson, met with the Board and recommended the Board enter into executive session to discuss litigation. Berens made a motion to enter into executive session for 35 minutes at 11:25 a.m. to discuss pending litigation on the proposed Wind Farm. Diehl seconded the motion and the motion carried three to zero. The Commissioners came out of Executive session at 12:00 noon, whereupon Diehl made a motion to continue litigation discussion with County Counselor Dennis Davidson for another fifteen minutes. Berens seconded the motion and the motion carried three to zero. Open meeting resumed at 12:15 p.m. with no action taken. Mike Graf presented a letter for the Commissioners to review and sign for Congressman Jerry Moran, Senator Pat Roberts and Senator Sam Brownback regarding the Federal Economic Stimulus Package. The letter states we have been informed by the Kansas Department of Transportation that projects that were already let for bid, even though work has not been undertaken would not be eligible for these funds. Bridge Number , the 8 th Street Bridge next to Fort Hays State University, which will cost Ellis County approximately $1,000,000.00, is such a Bridge Project that does not qualify. We ask that you would consider that this project would qualify for Economic Stimulus Funds. Tax Roll Adjustment Numbers and were reviewed and signed. Escape Tax Order Numbers and were reviewed and signed. Wire Transfer of Funds dated February 5, 2009, in the amount of $34, to Blue Cross Blue Shield for health insurance expenditures was reviewed and signed.

8 Refunding Warrant Numbers 954 through 956 were reviewed and signed. Berens made a motion to approve the purchase of a used 2007 Crown Victoria vehicle for the Sheriff s Department from the Kansas Highway Patrol and to sign Purchase Order Number 7095 in the amount of $13, Diehl seconded the motion and the motion carried three to zero. Diehl made a motion to sign The Equitable Sharing Agreement and Certification of the Ellis County Drug Enforcement Unit Annual Certification Report. Berens seconded the motion and the motion carried three to zero. This Report was then signed by the Commissioners. The Commissioners signed a letter to Homer Schwarz in appreciation for his 27+ years of service and dedication as a County Representative on the High Plains Mental Health Center Board. Diehl made a motion to sign a DSNWK Resolution of Support for Development Services of Northwest Kansas (DSNWK) for the 18 county areas for the State Legislators as they consider budgets for mental health in the future. Berens seconded the motion and the motion carried three to zero. County Commissions of the Eighteen Northwest Kansas Resolution February 9, 2009 WHEREAS: The County Commissions of the Eighteen Northwest Kansas (County Commissions) represents the interests of each of our respective county and our citizens including those with developmental disabilities and their families, and; WHEREAS: It is the County Commissions that have the responsibility to manage the functions of County government, including budget management and specifically to collaborate with Developmental Services of Northwest Kansas, Inc. with regard to the provision of services for individuals in Northwest Kansas with Developmental Disabilities (ref. KSA et seq.), and; WHEREAS: The County Commissions acknowledge that the Developmental Disability Reform Act in Kansas (Chapter 39, Article 18) calls for the Secretary of SRS for Kansas, in part, to establish a system of adequate and reasonable funding or reimbursement for the delivery of community services, and; WHEREAS: The County Commissions acknowledge that the Legislative Budget Committee in the fall of 2006 made recommendations to the Legislature for a multi-year funding plan to significantly increase the level of funding for community based services for persons with disabilities and thereby

9 address community capacity concerns (rate increases for providers of services to attract and retain workforce) and eliminate the waiting list for persons with developmental disabilities, and; WHEREAS: In the 2008 Legislative Session, House Substitute for Senate Bill 365, which encompassed House Bill 2761 a bill built upon the recommendations of the Legislative Budget Committee from the fall of 2006 called for a multi-year funding approach to bolster the wages of community service provider employees and the elimination of the waiting list, was drafted with the intent to address the issues enumerated above, and WHEREAS: In the 2008 Legislative Session, the failure of Legislature to pass the above referenced multi-year funded version of House Substitute for SB 365 out of the 2008 Kansas legislative session, has significantly impaired the ability of DSNWK and other similar providers to carry out their purpose and mission and ensure the integrity of community services to individuals with disabilities, and; WHEREAS: The failure to adequately fund services according to the DDRA, shifts the cost burden of supports to the County level, and; WHEREAS: It is the conviction of the County Commissions that the State of Kansas and its citizens have a vested interest in the success community based services embodied in the mission of DSNWK and its counterparts in other parts of the state, and; WHEREAS: The success of community services depends on the ability of community service providers like DSNWK to attract and retain qualified employees, and; WHEREAS: Employee recruitment and retention has been significantly hampered in recent years due to funding shortfalls related directly to inadequate state reimbursement rates, and; WHEREAS: In the 2009 Legislative Session, House Bill 2094, a multi-year funding bill similar to those previous bills built upon the recommendations of the Legislative Budget Committee from the fall of 2006 to bolster the wages of community service provider employees and the elimination of the waiting list, has been introduced in the House along with its sister bill in the Senate, and; THEREFORE BE IT RESOLVED: That the County Commissions do hereby express the urgency of this matter and request the Kansas Legislature to adequately fund community developmental disability services and implores the members of the Kansas Senate and House of Representatives, particularly those members who represent the districts in Northwest Kansas, to address fully and unequivocally, the funding shortfalls currently being experienced through the passage of HB 2094 and Sister bill in the Senate. Perry S Henman Commissioner, Chair /s/ Glenn D Diehl Commissioners /s/ Vernon L Berens Commissioners /s/ Chairman Henman is concerned about the possible reduction of valuations for The County Appraiser told him that oil values will be down for 2010 and real estate will probably be around last year s value.

10 No further business appearing, Diehl made a motion to adjourn at 12:40 p.m. Berens seconded the motion and the motion carried three to zero. The next scheduled meeting is set for Monday, February 16, 2009, at 8:45 a.m. in the Commission Room at the Courthouse.