Barton County Commission Agenda Meeting Minutes

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Adele Simmons
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1 Recorded audio is avaiiable on compact disk upon request to the Barton County Clerk's Office Main - Room 202, Great Bend, Kansas Phone (620) \ Fax (620) \ clerk,@bartoncounty,orq Requests 10 be made pursuant to the Kansas Open Records Act and County Policy. Estimated cost of disk - Five Dollars ($5.00). November 12,2013 The Board of Barton County Commissioners convened this 12th day of November 2013, at the Barton County Courthouse. Members present: Don Cates, Commissioner, 4th District, Chairman Kenny Schremmer, Commissioner, 1st District (CfIoirm""Prt>-rom) Don Davis, Commissioner, 3rd District Jennifer Schartz, Commissioner, 5th District Chairman Marcia Sauber, Deputy County Clerk Richard Boeckman, County Counselor/Administrator I. OPENING BUSINESS: Commissioner Cates called the meeting to order at 9:00 A.M. Commissioner Schremmer moved to approve the agenda. Commissioner Schartz seconded the motion. Members absent: Homer Kruckenberg, Commissioner, 2nd District Commissioner Schremmer moved to approve the minutes of the October 21,2013 regular meeting. Commissioner Davis seconded the motion. /-'1 voted aye. Motion passed Commissioner Schremmer moved to approve the minutes of the November 4,2013 regular meeting. Commissioner Schartz seconded the motion. II. OLD BUSINESS: There was no old business. III. NEW BUSINESS: A. SOUTH HOMESTEAD TOWNSHIP: Cooperative Effort to Repair Roads: -South Homestead Township has requested assistance with road improvements as is allowed under Resolution , Barton County Policy Regarding the Maintenance and Repair of City and Township Roads. As an independent contractor, the County would receive no more than $4, for labor and equipment. Two projects are planned. Project one involves the installation of a culvert just west of 281 Highway on NW 60 Road. Project two involves a culvert replacement, just west of 281 Highway, on Missouri Pacific Street. Dale Phillips, Road and Bridge Director, said Randy Strickland, representing South Homestead Township, made the request and noted Strickland was present today. Phillips said the township will provide the culverts. Commissioner Schremmer moved to instruct the Road and Bridge Department to assist South Homestead Township with the installation of a culvert on NW 60 Road, just West of 281 Highway, and the replacement of a culvert on Missouri Pacific Street, again West of 281 Highway. Estimated cost of the work, which will be paid by South Homestead Township, is no more than $4, lmmissioner Schartz seconded the motion. 1-\11 voted aye. Motion passed. Page 1 November 12, 2013

2 Recorded audio Is available on co pact disk upon requeslto the Barton County Clerk's Office, 1400 Main - Room 202, Great Bend, Kansas Phone (620) \ Fax (620) \ clerk@bartoncountv.ora Requesls to be made pursuanllo the Kansas Open Records Act arld County Policy. Esfmated cost of disk - Rve Dollars (55.00). ts. BARTON COUNTY COMMUNITY DEVELOPMENT ADVISORY BOARD: Board Appointments: -The County recently sought applicants fort'he Barton County Community Development Advisory Board (BCCDAB). The BCCDAB adv,ises the Commission on economic and community development matters, monitors the progress of the Barton County Strategic Plan and makes suggestions to the Commissioners concerning the advancement and realization of the plan goals. Richard Boeckman, County Counselor/Administrator, presented information on the applicants for the four open positions. Current appointments:, , APPOINTEE DISTRICT DATE APPOINTED TERM DATE Applicants: Leon Steiner 1 8/16/2010 8/1/2013 Loren Unruh 2 8/16/2010 8/1/2013 Lloyd Kurtz 4 8/16/2010 8/1/2013 Troy Bailey 4 8/16/2010 8/1/2013 Kirsten Clark 3 1/2/2013 8/1/2014 Shawn Hutchinson 3 8/22/2011 8/1/2014 Bev Komarek 3 8/22/2011 8/l/2014 Mary Hoisington 2 11/7/2011 8/1/2014 Mark Mingenback 5 1/2/2013 8/1/2015 Karen Neuforth 5 10/8/ l /20 15 John Smith 3 10/8/2012 8/1 /2015 NAME ADDRESS DISTRICT HOLDS POSITION Leon J Steiner 160 W 6 1h, Hoisinqfon 1 Yes Troy B Bailey 418 Main, Claflin 4 Yes J Basil Dannebohm 211 CroiQ, Ellinwood 4 Khris J lhexton 5945 Westridqe, Great Bend 5 Loren H Unruh 5201 lelstor, Great Bend 5 Yes Current make up by District: District 1 o District 2 1 District 3 4 District 4 a District 5 2 Commissioner Schartz moved to appoint: Leon Steiner, Loren Unruh, Troy Bailey, and J. Basil Dannebohm to the Barton County Community Development Advisory Board. Each member shall serve an uncompensated tenn, slated to end August 1, Commissioner Schremmer seconded the motion. Page 2 November 12,2013

$Phone (620) 793-1835 \ Fax (620) 793-1990 \ Email cferk@bartoncounly.org r- Requests \0 be made pursuant to the Kansas Open Records Act and County Policy. Estimated cost 0 disk - Five Dollars (S5.00).$

3 Recorded a dio is available on compacl disk upon request to the Barton County Clerk's Office, 1400 Main - Room 202, Great Bend, Kansas Phone (620) \ Fax (620) \ cferk@bartoncounly.org r- Requests \0 be made pursuant to the Kansas Open Records Act and County Policy. Estimated cost 0 disk - Five Dollars (S5.00). C. OIL AND GAS VALUATION DEPLETION TRUST FUND: Letter to Local Legislators: -The Oil and Gas Valuation Depletion Trust Fund holds a portion of the money from natural gas and oil producing Counties. The intent of the fund is to transfer money to Counties to offset tax collections as the mineral reserves are depleted. Although Senate Bill 171 called for a % transfer to Kansas Counties, only half of that was actually transferred. It has been proposed by the Kansas Legislative Policy Group that affected Counties contact local legislators asking for support in remitting the full amount. Richard Boeckman, County Counselor/Administrator, said the Kansas Legislative Policy Group suggested the affected Counties contact their local legislators. Boeckman prepared a letter to send to Representative Troy Waymaster, Senator Mitch Holmes, Representative John Edmonds and Representative Marshall Christmann. Commissioner Schartz read the proposed letter. Commissioner Schremmer moved to send a letter to each of Barton County's Kansas legislators urging the full remittance from the Oil and Gas Valuation Depletion Trust Fund. Commissioner Davis seconded the motion. D. OIL AND GAS VALUATION DEPLETION TRUST FUND: Frieden, Unrein & Forbes Agreement: -On October 21, 2013, the Commission authorized Richard Boeckman, County Counselor / Administrator, to join on behalf of Barton County a law suit to remedy the 2013 disbursement to the Oil and Gas Valuation Depletion Trust Fund. It is estimated that the difference between the money the County should have received and did is $205, The cost of litigation will be shared among those Counties joined to the suit. The County's portion is estimated to be 3.753%. --'-:hard Boeckman, County Counselor/Administrator, said the County received a letter from Frieden,.Irein & Forbes (Oil & Gas Depletion Attorneys) which confirms Barton County is a party to the proposed action to be filed with the Shawnee County District Court requesting the State Treasurer to credit the full amount to each County's Oil and Gas Valuation Depletion Trust Fund. Boeckman said the County's share of litigation costs is now 3.4% since more Counties joined the law suit and will share costs. The initial bill is $20,000 with Barton County's share estimated at $681. Commissioner Schartz said it was important to follow through and try to recoup the money that was promised to us. Commissioner Schartz moved to approve the Frieden, Unrein & Forbes Agreement in reference to the Oil and Gas Valuation Depletion Trust Fund. Direct the Commission Chair to sign said agreement. Commissioner Schremmer seconded the motion. E. RESOLUTION 2013~23: A Resolution Authorizing the Execution of a Certain Amendment to an EXisting Access Lease Agreement between Barton County, Kansas, and the State of Kansas, acting by and through the Kansas Department of Transportation; Authorizing and Approving Certain Documents in Connection therewith; and Authorizing Certain other Actions in Connection with the First Amendment to said Access Leave Agreement: -The County entered into a lease agreement with the Secretary of Transportation in 2010 to use the Kansas Department of Transportation (KDOT) tower located at 29 NE 60 Road for emergency communications. Under the proposed amendment, needed equipment space is redefined and the method for installation of equipment is described..-doug Hubbard, 911 Director, said this was an updated lease agreement between the State and Barton Junty and noted no additional room in the repeater building is needed. Hubbard said there is ample room on the tower so there is no increase in the lease payment from the original agreement. KDOT has Page 3 November 12,2013

4 Recorded audio is available on compact disk upon request to I e Barten County Clerk's Office, 1400 MaIn - Room 202, Greal8end, Kansas Phone (620) \ Fax (620) \ clerk@bartoncoun!y.org Requests 10 be made pursuant 10 the Kansas Open Records Act and County Policy. Estimated cost of disk - Five Dollars (55.00). provided au pertinent documents and is asking that Banton County agree to the amended lease by resolution. Commissioner Davis moved to adopt Resolutton , A Resolutiion Authorizing the Execution of a Certain Amendment to an Existirng Access lease Agreement between Barton County, Kansas, and the State of [Kansas, acting :by and through the [Kansas Department of Tra'l1sportation; Authorizing and Approving Certain Documents in Connection therewith; and Authorizing Certain other Actions in Connection with the First Amendment Ito said Access Leave Agreement. Commissioner Schartz seconded the motion. AJI voted aye. Motion passed. F. COUNTY SERVICE,S: Informational Update: -Mr. Boeckman will provide the Infonnational report of work completed during the last period. The report, which will ibe made available to the media. willi serve as a public reminder of the services provided by the County on a regular basis. Information Only. No Action Required. IV. ENDING BUSINESS: 1. Announcements 2. Appointments V. OTHER BUSINESS: Comm Cates: Logan Township Official mentioned the impact on township roads from the detour. -:aused by bridge work this summer on Hwy 4 West of Claflin. Richard Boeckman will contact KDOT to..:iee if the township can be reimbursed for damages. VI. ADJOURN: Commissioner Davis made a motion to adjourn at 9:40 A.M. Commissioner Schremmer seconded the motion. All voted ay7\ Motion passed. tij~~ ATIEST: 4?1~c ~+4 Donna Zimmerman Barton County Clerk by Marcia Sauber Deputy Page 4 November 12,2013

5 RESOLUTION NO. -2.0~.3 A RESOLUTION AUTHORIZING THE EXECUTION OF A CERTAIN AMENDMENT TO AN EXISTING ACCESS LEASE AGREEMENT BETWEEN BARTON COUNTY, KANSAS, AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF TRANSPORTATION; AUTHORlZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE FIRST AMENDMENT TO SAID ACCESS LEASE AGREEMENT. WHEREAS, pursuant lo K.S.A Supp et seq. (the "Act"), the Secretary of Transportation (the "Secretary") of the State of Kansas (the "State") has heretofore entered into a certain Access Lease Agreement (the "Lease Agreement'') with Barton County, Kansas (the "Lessee") dated October 1, 20 I0; and WHEREAS Lessee finds and deternlines that it is necessary, appropriate and desirable 10 enter into a First Amendment to the Lease Agreement to be dated effective October 1,2013 (the "First Amendment") and to complete and execute certain other documents relating thereto, and to take certain actions required in order to authorize the First Amendment. THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE BARTON COUNTY, KANSAS: Section 1. Authorization of Amendment to tbe Lease Agreement. The Lessee is hereby authorized to enter into the First Amendment, with an effective date of October I, 2013, with Kansas Department of Transportation in that form attached hereto as Exhibit A, therehy amending the Lease Agreement to the extent as specitlcally provided therein. The Chairman and County Clerk of Lessee arc hereby authorized to execute the First Amendment in the form presented to the governing body at its meeting held on the date of this Resolution, with such changes or modifications thereto as may be approved by the Kansas Department of Transportation and Chairman and the Lessee's legal cowlsel, the Chainnan's execution ofthe First Amendment being conclusive evidence ofsuch approval. Section 2. Further Authority. The Chairman, Clerk, other officials and legal counsel of the Lessee are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Resolution, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. Section 4. Governing Law. This Resolution and the First Amendrocnt shall be governed exclusively by and construed in accordance with the applicable laws of the State of Kansas. Sectioo 5. Effective Date. This Resolution shall take effect and be in full force from and after its adoption by the governing body. [BALANCE Of THIS PAGE INTENTIONALLY LEFT BLANK) KDOT CSRF Amende<! Resolution Page 1 of 3 Pages

6 I NoveYr\b i' l!j ADOPTED by the governing body of Barton County, Kansas, Oil October _,2013, and signed by the ClJai~~. "'?,-. - \j, I' '1, 1 ; I ~t,.'".: I. / (SEAL),; I -;. '.'".J'.'.,. ::-,...- AITESl: f)~~ By:,~~~cVaJJ~ Donna ZiIlunerman, County cicr Doo Cates, Chairman APPROVED as to FrY:d L}:ily By: D~~ \~Q~==-_-----=..o..-.. Richard Boeckman, County COlUlselor / Administrator KDOT CSRF Amendeo: Resolu~on Page 2 of3 Pages

Barton County Commission Agenda Meeting Minutes

Barton County Commission Agenda Meeting Minutes Phone (620) 793-1835 \ Fax (620) 793-1990 \ Email clerk@bartoncounty.org Requests to be made pursuant to the Kansas Open Records Act and County Policy. Estimated