January 26, 2009 County Commission Minutes The Board of Ellis County Commissioners met in regular session at 8:45 a.m., Monday, January 26, 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 Donna J. Maskus, Deputy County Clerk. Chairman Henman called the meeting to order at 8:45 a.m. and thanked the following county employees that were recognized for their years of service to Ellis County. Thirty-five years of service Bruce Hertel. Thirty years of service Rebecca Herzog and Martin LaBarge. Twenty years of service Linda Arnhold. Fifteen years of service Lauree Johnson, Creta LaBarge, Kerry McCue, Phillp Murray, Lillian Slater, Kurtis Wolfe, Jamie Summers, Michaela Dreiling and Martha Miller. Ten years of service Jeffrey Luck, Brian Schmidt, Timothy Deines and Wanda Gipson. Five years of service Austin Thalheim, Sheresa Brull, Brenda Basgall, Joshua Gibson, Paulette Leiker, Kay Riedel and Michele Baalman. Ellis County Volunteer Firefighters were also recognized for their years of service. Twenty five years of service Darold Younker, Steve Seefeld and Bill Geist. Fifteen years of service Chris Brungardt. Ten years of service Brandon Pfeifer, Matt Schmidt, Ryan Remer, Terry Riedel and Dave Gagnon. Five years of service Richard Shubert, George Montgomery, Robert Shubert, Edward Meis, Ed Linenberger and Charles Dorzweiler. Each recognized employee was given a certificate of appreciation for their years of service to Ellis County. Chairman Henman asked for a motion to approve the January 12, 2009 Minutes.
Diehl moved to approve the January 12, 2009 Minutes. Berens seconded the motion and the motion carried, three to zero. The Board Members signed the minutes. The Board Members shared a few updates to the January 19, 2009 Draft Minutes. Public Works Director Mike Graf presented an agreement on the FAS Bridge Number 780, for deck replacement of the Eighth Street Bridge Project, with the Contractors of Bridges, Incorporated, Newton, Kansas. Graf noted the project has been designed by Kirkham, Michael and Associates, Incorporated, as the Engineer. Diehl moved to have Chairman Henman sign and date the Agreement for the FAS Bridge Number 780 Deck Replacement Project with Bridges, Incorporated. Berens seconded the motion and the motion carried, three to zero. Chairman Henman signed and dated the documents. Graf presented a contract for engineering services with Kirkham, Michael and Associates, Incorporated, Ellsworth, Kansas, on a county bridge number 605.7-476.0, located one (1) mile north of Schoenchen. This preliminary engineering service is on the bridge repair of a CMP slip-liner at a cost of $11,500, with a one-hundred twenty-day (120) project date. Diehl moved to sign the contract with Kirkham Michael and Associates, Incorporated, for engineering services to county bridge number 605.7-476.0, one mile north of Schoenchen. Berens seconded the motion and the motion carried, three to zero. Chairman Henman signed the engineering services contract. Graf discussed the additional cost for Ellis County on Project 3893-01, located at Canterbury Road and Old Highway 40 intersection. Berens moved to sign the supplemental agreement with MKEC Engineering Consultants, Incorporated, and the Secretary of Transportation of the State of Kansas through the Kansas
Department of Transportation. Ellis County s cost will be $1,949.47, which is twenty-percent (20%) of the total cost of $9,747.35. Diehl seconded the motion and the motion carried, three to zero. Graf presented some examples of what other county s have done with their Comprehensive Transportation Plan. Graf understands the City of Hays is still in the process of their Comprehensive Transportation Plan. Henman asked to include two more projects; a loop off of Interstate Highway 70 North of Hays and upgrade the shoulders of the road on Old Highway 40. Diehl also would like to see improvements to Old Highway 40. Graf will also include road improvements from Ellis Avenue, South of Ellis, to the State Highway 4 in Rush County. Graf presented the current agreement for Solid Waste Hauling Services with Befort Trucking LLC, which will expire in April, 2009. Befort is willing to extend his current contract with possible changes on a fuel rate adjustment. The Board and Graf noted they are pleased with the services Befort has provided in transporting municipal solid waste to Topeka for the county. Graf announced the Landfill took in 4,700 car and pickup tires through a water shed district project. Diehl asked if the reclaimer was under warranty. Graf stated the warranty expires in April or May, 2009. Diehl asked about a possible speed limit posting on 240th Avenue, North of Schoenchen. Graf did have some concerns in setting a speed limit sign on a gravel road. Graf will do a traffic count on this road. The traffic count can also register traffic speeds so they will collect both data and Graf will report back on these findings.
Diehl asked what the county can do when a landowner requests help with a roadway entrance. Graf stated they can help with dirt work, using their equipment and labor. Diehl moved to sign a letter of support for Developmental Services of Northwest Kansas, Incorporated, (DSNWK), to the Kansas Department of Transportation to provide transportation services, through the Access Van, to the public, elderly and disabled in Northwest Kansas. Berens seconded the motion and the motion carried, three to zero. Board Members signed the letter of support. Emergency Management Director Bill Ring updated the Board on actives in his department. Ring announced that an Emergency Management Performance Grant (EMPG) has been received for $23,768. Ring presented a notice from the Kansas Adjutant General s Department that the 2007 Hazardous Materials Emergency Preparedness (HMEP) Grant Contract has been reviewed and closed. Emergency Medical Services Director Kerry McCue presented his December, 2008, month report with 208 calls and 156 transports. For Year 2008, McCue reported they received 2,810 calls and transported 2,053 patients. Income for the 2008 Year was $1,825,410.85 and expenses were $1,637,859.96. McCue was asked to schedule a future agenda time to discuss his department s Fitness and Wellness Policy. Appraiser Dean Denning announced the county has lost one-million in assessed agricultural land values. The Board asked Denning to send them information on the oil values when he receives that data.
Denning reported his office will be attending trainings for their new software; therefore some out of county travel will be involved. Denning announced three classes will be held in Hays. Denning asked to replace his eighteen year old carpet, which he would pay for out of his capital improvement budget. Denning stated they will be running values this year through the new and old systems. Custodian Tom Weber reported they were able to get a door to close just off of the jail area. This was one of the items addressed in the State Fire Marshall s Inspection. This area is where they carry food and supplies into the jail area. Weber presented the annual safety hydraulic elevator proposal from KONE, Incorporated, Wichita, Kansas, at the same cost as last year s service at $630. Berens moved to approve the KONE, Incorporated, safety annual hydraulic elevator proposal for $630. Diehl seconded the motion and the motion carried, three to zero. Weber noted he had received a service contract on the elevators and they haven t been carrying this contract, only the hydraulic service, but he will review the contract and will discuss it at a future meeting. Weber stated he had not received a bid on heating and air conditioning services from Glassman Corporation on the 601 Main Street Building. Diehl asked if a service contract is needed on the Tholen Building, which is used for storage of county records. Weber felt a contact would not be needed at this time. Krista Gordan introduced five individuals, Dorothy Bemis, Marcie McClelland, Steve Homburg, Les Rogers, Aaron Weigel and Gene Bittel. They shared comments on the affects that Wind Energy can have in Ellis County and how it would impact landowners, the county, the
tax base, economic development and a renewable source of energy. It was expressed they were against the idea of a moratorium on wind farms. Diehl would like to get regulations in place and he was not in favor of a long moratorium. Berens stated he felt that a moratorium would be a stall tactic. Henman said to do zoning right a Comprehensive Plan needs to be in place. Concerns were given that the current Davis Lawsuit could drag on in the court s system. Henman stated the Board will work with the citizens of Ellis County. Alan Myers and Carl Huslig of ITC Great Plains discussed a transmission line that is being proposed from Spearville, Kansas, to the Knoll Sub Station, west of Hays. Myers is the President of ITC Great Plains and Huslig is the Vice-President. Myers explained this utility line would involve eighty-seven (87) miles. They noted their route had changed some in Ellis County. If plans are followed they hope to complete the project in 2011. At a future date they will have a KCCA public hearing on this project. Landowners within one-thousand feet (1,000) of the proposed line will receive notification. The question was asked if this line would affect wind energy. Myers stated they are not building the transmission line because of wind farms. Myers noted they will follow any county zoning laws. Attorney Dennis Davidson asked for an Executive Session on an Attorney/Client privilege. Diehl moved the Board go into Executive Session on an Attorney/Client privilege, the Davis Lawsuit, with Attorney Dennis Davidson for thirty (30) minutes. Berens seconded the motion and the motion carried, three to zero.
The Executive Session began at 11:48 a.m. At 12:16 p.m., Diehl moved to extend the Executive Session with Attorney Dennis Davidson on an Attorney/Client privilege to discuss the Davis Lawsuit for an additional ten (10) minutes. Berens seconded the motion and the motion carried, three to zero. The Executive Session began for extended time at 12:17 p.m. At 12:31 p.m., Diehl moved to extend the Executive Session for ten (10) minutes with Attorney Dennis Davidson on an Attorney/Client privilege to discuss the Davis Lawsuit. Berens seconded the motion and the motion carried, three to zero. The Executive Session began at 12:32 p.m. At 12:42 p.m., Diehl moved to extend the Executive Session for fifteen (15) minutes with Attorney Dennis Davidson on an Attorney/Client privilege to discuss the Davis Lawsuit. Berens seconded the motion and the motion carried, three to zero. The Open Meeting resumed at 12:59 p.m., no action taken. Diehl moved that the Board adjourn for a short lunch and resume their meeting at 1:30 p.m. Berens seconded the motion and the motion carried, three to zero. The adjournment began at 1:00 p.m. At 1:30 p.m., Chairman Henman called the meeting back to order. County Counselor Bill Jeter asked for a fifteen (15) minute Executive Session on an Attorney Client Privilege. Berens moved to go into Executive Session with County Counselor Bill Jeter for fifteen (15) minutes on an Attorney Client Privilege. Diehl seconded the motion and the motion carried, three to zero. The Executive Session began at 1:37 p.m.
The Open Meeting resumed at 1:50 p.m., no action taken. Chairman Henman asked for a motion to reopen the Reorganization Meeting. Diehl moved to reopen the Reorganization Meeting so Board appointments may be made. Berens seconded the motion and the motion carried, three to zero. Chairman Henman asked for a motion for other Commission appointments for 2009. Diehl moved to appoint the following. Berens seconded the motion and the motion carried, three to zero. Medical Consultant Dr. Katrina Hess (Hess Clinic) Flood Plain Administrator Dean Denning ADA Officer Alberta Klaus Affirmative Action Officer Alberta Klaus Ellis County Zoning Administrator Dale Wing Chairman Henman asked for a motion for Commission appointments for 2009. The Board discussed appointments to the various Boards and Committees. After this discussion, Berens moved the following appointments be made. Diehl seconded the motion and the motion carried, three to zero. Economic Development Coalition Commissioner Diehl Ambulance Advisory Board Commissioner Berens Northwest Kansas Planning & Development Board Commissioner Berens Solid Waste and Environmental Task Force Commissioner Henman 911 Task Force Commissioner Diehl LEPC Commissioner Henman Greater Western Kansas Regional Juvenile Detention Center-Commissioner Berens Northwest Kansas Community Corrections Board Commissioner Diehl Northwest Kansas Juvenile Services Commissioner Berens GIS Board Commissioner Diehl Chairman Henman asked for a motion to appoint the 2009 Salary Committee. Berens made a motion to appoint the following persons to the 2009 Salary Committee. Diehl seconded the motion and the motion carried, three to zero. Commissioner Diehl
County Counselor Bill Jeter Asher (Chuck) White Union Representative Sheriff Ed Harbin Elected Officials EMS Director Kerry McCue Department Head Mike Graf Department Head (withdrawn later in Commission Minutes) Chairman Henman asked for a motion to appoint the Commissioner s Union Negotiating Member for 2009. Diehl moved to appoint Chairman Henman to be the Commissioner s Union Negotiating Member. Berens seconded the motion and the motion carried, three to zero. Chairman Henman called for a motion to appoint the 2009 Ellis County Fair Board Association Members. Diehl moved to appoint the Ellis County Fair Board Association Members as recommended by the Fair Board. Berens seconded the motion and the motion carried, three to zero. They are as follows: 2009 Ellis County Fair Board Association Members OFFICERS Loran Zimmerman, President John Smith, Vice President Rene Meyers, Treasurer Coleen Werth, Secretary BOARD MEMBERS Norleen Knoll Kent Tammen Mike Meredith Tony Krizek John LaShell Curt Vajnar Tim Staab John Jaugar Jill Pfannenstiel Jeff Arnhold Chairman Henman asked for appointments to the 2009 Insurance Committee. Diehl moved to appoint the following persons to the 2009 Insurance Committee. Berens seconded the motion and the motion carried, three to zero. Commissioners Berens as the Commission s representative
Celina Beilman representing the Courthouse Lauree Johnson representing Emergency Medical Services Melvin Kinderknecht representing Public Works Asher (Chuck) White representing the Sheriff s Department Pfannenstiel called for a motion to appoint the 2009 Rural Fire Advisory Board, Fire Chiefs and Assistant Chiefs. Berens moved to appoint the Rural Fire Advisory Board, Fire Chiefs and Assistant Chiefs as recommended by Rural Fire Director Dick Klaus. Diehl seconded the motion and the motion carried, three to zero. 2009 ADVISORY BOARD APPOINTMENTS District 1 1 year Company 2 Robert Shubert 2 years Company 3 Kenny Rohleder 3 years Company 4 Chris Brungardt 3 years Company 5 Ryan Remer 3 years Company 6 Steve Homburg 3 years Company 7 Wes Milberger 1 year Company 8 Doug Kreutzer 1 year Company 9 Darold Younker 2 years District 9 Florian Dome 2 years 2009 Fire Chiefs and Assistant Chiefs Chiefs Assistant Chief Company 2 Rich Shubert Will Montgomery Company 3 Irvin Brungardt Company 4 Tom Tholen Chris Brungardt Company 5 Dale Befort Company 6 Steve Seefeld Steve Homburg Company 7 Bill North Wes Milberger Company 8 Rick Munsch Doug Kreutzer Company 9 Mark Fisher Nathan Leiker Chairman Henman asked for appointments to the 2009 Ellis County Local Emergency Planning Committee (LEPC) and Mitigation Planning Committee. Diehl moved to appoint the LEPC and Mitigation Planning Committee as recommended by Emergency Management Coordinator Bill Ring. Berens seconded the motion and the motion carried, three to zero.
ELLIS COUNTY LEPC and MITIGATION PLANNING MEMBERSHIP 2009 ELECTED OFFICIALS LAW ENFORCEMENT FIRE FIGHTING EMERG. MGNT. EMS Red Cross HEALTH/MEDICINE ENVIRONMENT HOSPITAL TRANSPORTATION MEDIA FACILITY or INDUSTRY APPOINTED OFFICIALS LEGAL COUNSEL COMMUNITY (Service/Civic) Perry Henman-County Commissioner Ed Harbin Ellis County Sheriff Jim Braun City of Hays Chief of Police Ed Howell Ft. Hays State University Chief of Police Bruce Hertel Ellis Co. Sheriff Dept. Under Sheriff Randy Taylor City of Ellis Chief of Police Cole Dinkel City of Victoria Chief of Police Oveta Ford City of Hays Communications Director Richard Klaus Ellis County Fire Chief (Chairman) Gary Brown City of Hays Fire Chief Bill Ring- Ellis County EM Coordinator (Recorder) Kerry McCue - Ellis County EMS Director Bryan Saindon- Local Chapter Director Robert (Butch) Schlyer Ellis Co. Health Nurse Dale Wing-Director Ellis Co. Environment Office George Korobka - Ellis Co. Weed Dept. Francis Hammerschmidt - USD 489 Maintenance Director Rich Webb HMC-Materials and Ser. Dir. (Vice- Chairman) Gerald Casper - KDOT Mike Graf - Ellis Co. Public Works Brenda Herrman - Hays Public Works Ron Straight-Access Transportation Callie Kolacny KAYS Radio Errol Wuertz (Public Relations Officer) Mark Fisher - Cross Manufacturing Stan Schremmer, Don Johnson - EnerSys Julius Windholz City of Victoria Gary Haddock City of Ellis. Toby Dougherty City of Hays Bill Jeter To be announced Chairman Henman stated they have appointed six (6) representatives on the 2009 Salary Committee and the union contract addresses five (5) representatives. Diehl moved to withdraw Mike Graf from the 2009 Salary Committee. Berens seconded the motion and the motion carried three to zero.
Chairman Henman called for a motion to appoint a County Commission representative to the High Plains Mental Health Board. Henman moved to appoint Tom Drees as the Commissioners voting representative on the High Plains Mental Health Center Board. This appointment as voting member is effective immediately. Drees was originally appointed in January 2006. Diehl moved to appoint Henman as the first alternate voting member since he is interested in serving on the High Plains Mental Health Board. Due to health reasons Homer Schwartz will not be reappointed to the High Plains Mental Health Board as the second alternate voting Commission representative. Chairman Henman stated he would visit with Mr. Hill from the High Plains Mental Health Board on suggestions for a second alternate to this Board. No change was made in the Ellis County Historical Society representative Kurt David. Other appointments are made throughout the year, as they need to be filled, such as Ellis County Housing Authority, Ellis County Council on Aging, Planning Board and Board of Zoning Appeals. Chairman Henman called for a motion to end the reorganization meeting since there was no further business brought forth at this time. Berens moved to adjourn the Reorganization Meeting. Diehl seconded the motion and the motion carried, three to zero. Chairman Henman requested a motion to open the regular meeting. Berens made a motion to open the regular meeting. Diehl seconded the motion and the motion carried, three to zero. The Board was asked if they would be making any decisions on a wind moratorium. Chairman Henman said they will not be making any decisions today. They will be meeting with their Attorney Dennis Davidson. Landowner Taylor Bemis discussed the impact by delaying any action on wind farms.
Diehl stated they will try to do what is best for Ellis County. Chairman Henman said no decision has been made and he will keep things moving and hopes to have a decision in a few weeks. Emergency Medical Services Director Kerry McCue presented copies showing costs comparisons to other counties in regards to EMS services. A check for $47.71 was received from H.E. Hutchison & Sons, Incorporated and Hutchison Vending Company from vending machine business. This will be deposited in the General Fund. An insurance claim check was received for $6,135 for repairs to a loader and dump truck from the county s insurance company Kansas County Association Multi-Pool, dated January 14, 2009. This insurance claim check will be deposited in the Public Works Fund. A Personnel Appointment was signed by Chairman Henman on Daniel C. Spina, Part Time EMS Employee, an EMT, at $9.64 per hour, effective January 18, 2009. A Personnel Appointment was signed by Chairman Henman on Diane F. Hawpe, Part Time File Clerk, Court Trustee Department, at $7.50 per hour, effective January 12, 2009. A Change of Status was signed by Chairman Henman on Daniel J. Dreher, Public Work s Department, change of address and KPERS enrollment, effective December 28, 2008. End of the month Payment Vouchers for $1,470,634.69, dated January 29, 2009, were reviewed and signed by the Board Members. A Blue Cross and Blue Shield wire transfer for $21,028.27, dated January 22, 2009, was signed by the Board Members. Tax Roll Adjustment Numbers 2008-241 through 273, dated January 22, 2009, were reviewed and signed by Chairman Henman.
No further business appearing, Diehl moved the meeting be adjourned. Berens seconded the motion and the motion carried, three to zero. The meeting adjourned at 2:58 p.m. The next regular scheduled meeting is set for Monday, February 2, 2009, at 8:45 a.m., Commission Chambers, Courthouse, Hays, Kansas.