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February 1, 2010 County Commission Minutes The Board of Ellis County Commissioners met in regular session at 6:45 p.m. on Monday, February 1, 2010, in the Commission Room at the Courthouse, 1204 Fort Street, Hays, Kansas, with the following present: Vernon L. Berens, Chairman; Glenn D. Diehl, Member; Perry S. Henman, Member; and Donna J. Maskus, Deputy Ellis County Clerk. Berens called the meeting to order at 6:45 p.m. KAW Valley Engineer Representatives, Chad McCullough, P.E., and Marketing Director, Jennifer Elliott, thanked the Board for their business with bridge inspections, culvert inspections, and other projects they have done in the county. Elliott shared that KAW Valley Engineers is a full-service engineering company with four office locations. The newest KAW Valley Engineer office is located at Salina, Kansas. McCullough stated they are in the process with the countywide culvert inspections and found that Ellis County is way ahead of most other counties in the condition of their culverts. Diehl moved to approve Resolution 2010-2 establishing an Emergency Agency. Henman seconded the motion and the motion carried, three to zero. Chairman Berens signed all three copies. Resolution 2010-2 BOARD OF ELLIS COUNTY COMMISSIONERS ELLIS COUNTY, KANSAS WHEREAS, the Board of County Commissioners of Ellis County, Kansas, has the responsibility to protect the inhabitants of the County from the hazards of natural or man-made disasters and in connection with that responsibility, the Board of County Commissioners deems it necessary and expedient to establish and maintain a disaster agency responsible for emergency management and coordination for the Count as required by K.S.A. 48-929a; and WHEREAS, Kansas Administrative Regulation 56-2-2 establishes the minimum standards for such a disaster agency: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Ellis County, Kansas:

Section 1. Establishment of Emergency Agency There is hereby established the Ellis County, Kansas, Emergency Management Agency for the purpose of assuming, as the designated disaster agency, responsibility for coordinating the mitigation of, preparedness for, response to and recovery from disasters. Section 2. Responsibilities and Powers of County Officials A. The Board of County Commissioners, having established a disaster agency, shall notify the Kansas Division of Emergency Management of the manner in which the County is providing or securing disaster planning and Emergency Management. This resolution and any subsequent changes hereto shall be provided within ten working days to the Kansas Division of Emergency Management. B. The Board of County Commissioners shall provide for the establishment, staffing, operation and support of the Emergency Management Agency. In addition to employing the Emergency Management Director, such support shall, at a minimum, be provided as required by KAR 56-2- 2(a)(5). C. The Chairman of the Board of County Commissioners or designated successor shall be responsible for the issuance of proclamations of local emergency as provided for in K.S.A. 48-932. D. The Board of County Commissioners shall establish and provide to the Kansas Division of Emergency Management a job description for the Emergency Management Agency director as outlined in and required by K.A.R. 56-2-2(b). Section 3. Appointment of Emergency Management Director A. There is hereby created the position of Emergency Management Director for Ellis County, Kansas. B. The Emergency Management Director shall be appointed by the Board of County Commissioners. The Emergency Management Director shall serve as the advisor to the Board of County Commissioners on all Emergency Management matters. C. The Emergency Management Director is hereby delegated sufficient authority to effect coordination and accomplish all actions required incident to the functions and duties required in K.A.R. 56-2-2(a)(4) and other related duties as directed by the Board of County Commissioners. Section 4. Authority to Accept Services, Gifts, Grants and Loans Whenever the federal government or any department or officer thereof or person, firm or corporation shall offer through the State of Kansas or directly to the County, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of Emergency Management, the Emergency Management Director is hereby authorized to receive such services, equipment, supplies, materials or funds on behalf of the County subject to the terms of the offer and the rules and regulations, if any, of the agency or organization making the offer. Section 6. Severability If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or applications and to this end the provisions of the Resolution are declared to be severable. Section 6. Effective Date This Resolution shall take effect immediately upon its passage and publication in the official County newspaper. Adopted this 1st day of February, 2010.

BOARD OF COUNTY COMMISSIONERS OF ELLIS COUNTY, KANSAS /s/ Vernon L. Berens,Chairman ATTEST: /s/ Donna J. Maskus, Deputy County Clerk Diehl moved to sign the corrected minutes of January 18, 2010. Henman seconded the motion and the motion carried, three to zero. Public Works Administrator, Mike Graf, stated that with completion of the 8 th Street Bridge Project a close out on this revolving loan needs to be signed. Henman moved for Chairman Berens to sign the Certificate of Borrower, TRF Project Number TR0089. Diehl seconded the motion and the motion carried, three to zero. Graf updated the Board on Bridge Project Number 300. They have been working on the construction of panels in the shop. These sections will fit together, creating an arch and be bolted into place. Graf reported that the 2003 Volvo Loader has a head gasket leak with the down time estimated at one month and repairs will be done in the shop. That leaves only one loader, and since this equipment is used for most of their road work, he requested that they consider the rental of a loader. Graf presented a summary of loader rentals from four companies. Foley Tractor: Cat 950H; pickup at Great Bend, rental would apply to a loader rented if purchased by return of rental loader at $1,600 weekly and $4,800 per month. Van Keppel Company: Volvo L110F; picked up at Topeka, rental would apply to a loader rented if purchased within 2 weeks return of rental loader at $1,750 weekly and $5,250 per month.

Murphy Tractor Company; John Deere 644K; pickup at Dodge City on Thursday or after at $2,100 weekly and $6,300 per month. Berry Tractor Company: Komatsu WA 380; would deliver to us and would have to be delivered back to Garden City, Topeka, or Wichita, rental would apply to a loader rented or purchased, if purchased before return of rental loader at $1,675 weekly or $4,900 per month. Graf will be starting the bid process to replace a third loader that they sold last year. Henman moved to rent the Foley Tractor Cat 950H for one month at $4,800. Diehl seconded the motion and the motion carried, three to zero. Graf presented a summary of buy back equipment for the Board to review that will be discussed at a future meeting to consider possibly exercising the buy back options. The Board told Graf to go forward in getting bids for an auxiliary power for the Landfill Office. Diehl moved to move the Open Meeting into a Public Hearing on the sale of a vacant lot 25 front by 75 depth in the 400 block on West 11 th Street, Hays, Kansas, at 7:30 p.m. Henman seconded the motion and the motion carried, three to zero. The Public Hearing was opened and Glen Teel asked to address the Board. Glen Teel shared that when he purchased his home, August 26, 1997, he felt the garage was part of his purchase. Recently he inquired about the deteriorating trees in this area and found this small piece of property belongs to the county. Teel asked the Board to consider an adverse possession of the property rather than sale since he has maintained a garage located on the property. The Board opened the two bids that were received with Glen Teel s bid at $1,211 and Timothy and Lilly Kingsley s bid at $1,241.

Diehl moved to table any action until County Counselor, Bill Jeter, can give direction on this matter. Henman seconded the motion and the motion carried, three to zero. Chairman Berens will meet with County Counselor Jeter to discuss this matter. Information Technology Director, Mike Leiker, presented his monthly report. Leiker stated the City and County IT Departments are discussing the shared GIS program. Installation of a second server for the website and the internet connection has been completed. With the installation of a server and firewall to follow Leiker reported everything should be in place for the public to use the site by the end of February. They have been installing several PC s and laptops in county offices. Leiker informed the Board that they are still having problems maintaining the website. Manatron will be contacted in regards to this problem. The Board asked Leiker to meet with County Clerk, Alberta Klaus, in regards to the bid for the current phone system. Board Members discussed the three firms, Wood and Snodgrass, Incorporated; Austin Peters Group, Incorporated; and the League of Municipalities in hiring someone in the county administrator position. Diehl moved to hire Austin Peters Group, Incorporated to search for a County Administrator at a cost up to $13,600. Henman seconded the motion and the motion carried, three to zero. Diehl will draft a letter for the Board to sign to notify all parties involved that Austin Peters Group, Incorporated, has been hired to conduct the search for a county administrator. A future agenda item will be to visit with the Austin Peters Group, on their options for services.

Diehl moved to sign the 2010 agreement for services with Developmental Services of Northwest Kansas, Incorporated. The motion died due to the lack of a second to the motion. The Board directed to have County Counselor, Bill Jeter, review this agreement. A few updates were made for the January 25, 2010, Draft Minutes. Custodian, Tom Weber, presented a fire alarm contract for the Courthouse and Law Enforcement Center with Fire Alarm Specialist, Incorporated, WaKeeney, Kansas. Weber reported that with the upgrades to the Law Enforcement Center the State Fire Marshall is requiring their contract to be renewed in the month of February. Therefore, both the Courthouse and Law Enforcement Center contracts will have their testing done at the same time every year. Weber asked the Board to sign new maintenance agreements for two years, commencing on February 1, 2010. Weber noted that the price has stayed the same for the past three years. No changes were noted in the contract except the contract date being moved to February 2011, Weber stated. This voids the contracts signed on September 21, 2009. Henman made a motion to enter into agreement with Fire Alarm Specialists to test the fire alarms in the Law Enforcement Center and Courthouse. Diehl seconded the motion and the motion carried three to zero. Chairman Berens then signed the two contracts. Health Administrator, Butch Schlyer, asked for an Executive Session for ten minutes for a personnel matter. Diehl moved that the Board go into Executive Session for ten minutes at 8:28 p.m. with Health Administrator, Butch Schlyer, to discuss a personnel matter. Henman seconded the motion and the motion carried, three to zero. Open Meeting resumed at 8:36 p.m. Chairman Berens stated that no action was taken.

KCAMP Representative, Larry Sharp, announced that Ellis County has a good four-year rating with its insurance usage; therefore, the premium has been reduced by two percent (2%). Sharp stated that KCAMP has all insurance available except for workman s compensation. Law Enforcement departments have shown a high level of insurance usage; therefore, Sharp encouraged the county departments to utilize the current web trainings that are available through KCAMP. A new service KCAMP is offering is a $2,000 Risk Avoidance Grant Program for all members in 2010. Some examples would be installing tarps on dump trucks and installing cameras inside fleet vehicles. Sharp encouraged Ellis County to utilize this grant opportunity and be able to get needed equipment for liability issues. Sharp shared that they have hired Hirons & Associates, Incorporated, to view all KCAMP property that has a property value of $100,000 and above over the next two years. Counties will be contacted when this firm will be in their county. A Change of Employee Status was reviewed and signed by Chairman Berens on Gerald Weber, Public Works Department, on an address change, effective February 1, 2010. A Personnel Appointment on Ruth R. Kuhn, effective January 27, 2010, as a Clerk III in the Register of Deeds Office at Range 24, Step 1, at $12.43 per hour, full-time status, was reviewed and signed by Chairman Berens. The Board reviewed Tax Roll Adjustment Numbers 2009-423 thru 425 then Chairman Berens signed the adjustments. Payroll Register dated January 29, 2010, in the amount of $186,328.38 for payroll and $126,257.28 for deductions was reviewed and signed.

A wire transfer of funds dated January 28, 2010, in the amount of $51,636.27 to Blue Cross Blue Shield for health insurance expenditures was reviewed and signed. Chairman Berens asked if there was any further business. Since none, Diehl moved to adjourn the meeting at 9:01 p.m. and reopen the meeting as the Public Building Commission. Henman seconded the motion and the motion carried, three to zero. The next scheduled meeting is set for Monday, February 8, 2010, at 6:45 p.m. in the Commission Room at the Courthouse, Hays, Kansas.