April 18, 2005

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

APRIL 18, 2005

The Board of Ellsworth County Commissioners convened this 18^th day of April 2005 at the Ellsworth County Courthouse.

Members Present:

Lavel Heitschmidt, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Terry L. Kueser, 3^rd District Commissioner

1. OPENING BUSINESS:

Chairman Rush called the meeting to order at 9:00 a.m.

Commissioner Kueser moved to approve the Agenda as presented.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to approve the Minutes of April 11 and April 14, 2005 as presented.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

No one was present for the Public Forum.

2. APPOINTMENTS:

Les Harmon, Director of Central Community Corrections, presented the 2006 Comprehensive Plan for approval. Commissioner Kueser moved to approve the 2006 Comprehensive Plan for Community Corrections as present. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. Mr. Harmon also discussed the many cuts in state funding and the increase of clients admitted to the system.

Brent Goss, Extension Service, reported the 4-H barn is up and now they want to start planning the interior of the building. The Commissioners discussed their desire to be involved in the planning of the public areas as they are ultimately responsible for the liability of the structure and whether or not it meets all the standards required of a public facility. Architect, Fred Abercrombie, had offered a reduced price to design the interior and the Commissioner urged the committee to take him up on his offer as he is well aware of all the ADA, fire and other requirements. They also discussed getting the old building cleaned out as soon as this year’s 4-H Fair is over so it could be sold.

Kevin Ludlum and Gaye Woods, EMS Co-Directors, asked permission to do the following for EMS week during May: buy notepads at $2.75 each for volunteers and staff; to get grades 1 through 5 to participate in a poster contest with prizes awarded at each grade level which would entail the cost of poster paper and prizes; a barbecue on May 20^th for staff and volunteers and in June an open house with hot dogs and pop. The Commissioner asked Mr. Ludlum and Mrs. Woods to come back with an estimated cost for the above mentioned projects before approval. The flagpole is almost ready to be put in and they would like to have an American flag and an EMS flag. The Commissioners authorized both flags.

Sheriff Tracy Ploutz reported that Kevin Shaw was chosen to be honored posthumously by the Kansas Chief of Police Association’s reward banquet in Topeka on May 20^th. Sheriff Ploutz asked permission to pay from his budget tickets for Mrs. Shaw and her son, plus two tickets for staff to attend the banquet. The Commissioner authorized the purchase of the tickets. The new fingerprint system is being installed today with staff training tomorrow.

Randy Allen, Executive Director of KAC, discussed with the Commissioner in a phone conference the Sharing Approaches That Work forum in Great Bend on Thursday, the 21^st. Commissioner Heitschmidt and Rush will attend. Sheriff Ploutz had already sent in his reservation.

Upon the request of Pam Westerman, Health Supervisor, Commissioner Kueser moved to go into executive session to discuss non-elected personnel from 11:10 a.m. until 11:25 a.m. Commissioner Hetischmidt seconded the motion. Motion carried 3-0. The Commissioners returned to open session at 11:25 a.m. No action was taken.

3. OLD BUSINESS:

There were no old business items.

4. NEW BUSINESS:

There were no new business items.

5. ADJOURNMENT:

Chairman Rush adjourned the meeting at 12:20 p.m.

 

_______________________________________________

Janet L. Andrews

Ellsworth County Clerk

April 14, 2005

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

APRIL 14, 2005

The Board of Ellsworth County Commissioners convened this 14^th day of April 2005 at the Ellsworth County Courthouse to complete the canvass of the election held on April 5, 2005.

Members Present:

Lavel Heitschmidt, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Joe Shepack, County Attorney

Others Present: Eleanor Hunter, Al C. Steinert,

Tom Foran, Peggy Svaty

1. OPENING BUSINESS:

Chairman Rush called the meeting to order.

2. CANVASS OF BALLOTS:

The County Clerk presented two tally books with the hand counted results. The Commissioners checked the tally and declared the vote count to be Eleanor Hunter, 182 votes and Al C. Steinert, 182 votes. The County Election Officer checked with the Secretary of State regarding whether or not with the recount total still making the race a tie, if another lot should be cast of if the results of the first lot would still be valid. The Secretary of State ruled that the matter was to be turned over to the County Attorney for his opinion.

Mr. Shepack, the County Attorney, gave his opinion stating the statue is silent or this particular outcome. However, he stated, "It appears to me that the County Board of Canvassers engages in but one canvass, including any interruptions for recount, as opposed to two separate and distinct canvasses. This is significant because one canvass would mean there is but one decision by lot, as contemplated by K.S.A. 25-3108. The decision by lot, required by K.S.A. 25-3108, has already been made, and it went in favor of Eleanor Hunter. The result of the recount did nothing to change the outcome of the election. Thus, the result of the decision by lot should stand."

Commissioners’ Rush and Heitschmidt agreed with the County Attorney’s opinion and declared Eleanor Hunter as the winner of the Wilson City Mayor race. A Certificate of Election was presented to her.

3. ADJOURNMENT:

With the official canvass of the April 5, 2005 election completed, Chairman Rush adjourned the meeting at 8:20 a.m.

 

___________________________________

Janet L. Andrews

Ellsworth County Clerk

April 11, 2005

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

APRIL 11, 2005

The Board of Ellsworth County Commissioners convened this 11^th of April 2005 at the Ellsworth County Courthouse.

Members Present:

Lavel Heitschmidt, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Terry L. Kueser, 3^rd District Commissioner

1. OPENING BUSINESS:

Commissioner Rush called the meeting to order at 9:00 a.m.

Commissioner Kueser moved to approve the Agenda as presented.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to approve the Minutes of April 4 and April 8, 2005 as presented.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0

No one was present for the Public Forum.

2. APPOINTMENTS:

Commissioner Kueser moved to go into executive session to discuss matter relating to attorney/client privilege from 9:03 a.m. until 9:30 a.m. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. County Attorney, Joe Shepack, Sheriff, Tracy Ploutz and Attorney, and Allen Glendenning were included in the session.

The Commissioner returned to open session at 9:30 a.m. and Commissioner Rush moved to continue in executive from 9:35 a.m. until 9:50 a.m. to discuss matters relating to attorney/client privilege. Commissioner Kueser seconded the motion. Motion carried 3-0. Mr. Shepack, Mr. Ploutz and Mr. Glendenning were included in the session.

The Commissioners returned to open session at 9:50 a.m.

Rick Nondorf, Road & Bridge Supervisor, asked to purchase a 1997 International Semi with 489,000 miles for $18,850. After a brief discussion, Commissioner Kueser moved to authorize purchase of a 1997 International semi truck from Helvey Farms for $18,850.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Sheriff Ploutz presented a suicide prevention policy for review and approval. The policy has been reviewed by our insurance carrier and with some minor adjustments, approved by them. The Commissioners consulted the County Attorney and his advice was to make sure the employees followed the policy to the law. Commissioner Kueser moved to approve the Suicide Prevention Policy as presented. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. Commissioner Rush moved to go into executive session to discuss non-elected personnel from 11:38 a.m. until 11:50 a.m. Commissioner Kueser seconded the motion. Motion carried 3-0. Sheriff Ploutz was included in the executive session. The Commissioners returned to open session at 11:50 a.m.

Doug McKinney, North Central Regional Planning Commission, visited about the KIAC meeting to be held in Topeka on Tuesday. The meeting is to review Post Rock Rural Water District’s proposed grant application that is being sponsored by Ellsworth County. Chairman Rush will attend the meeting.

3. OLD BUSINESS:

The Commissioners requested the Clerk to make an appointment with Brent Goss and Michelle Brokes next week to discuss the interior design of the new 4-H barn.

The Commissioners were reminded of a meeting at Great Bend on Wednesday with Russell, Rice, Pawnee, Stafford and Great Bend Commissioners.

4. NEW BUSINESS:

Commissioner Kueser moved to approve Resolution 05R07, A Resolution Proclaiming April as Fair Housing Month.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

5. OTHER BUSINESS:

The Clerk reported that check #803 that was being held for further information, had been mailed after confirming that Dr. Whitmer did order an autopsy.

6. ADJOURNMENT:

Chairman Rush adjourned the meeting at 12:30 p.m.

 

_________________________________________

Janet L. Andrews

Ellsworth County Clerk

 

April 8, 2005

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

APRIL 8, 2005

The Board of Ellsworth County Commissioners convened this 8^th day of April 2005 at the Ellsworth County Courthouse to canvass the ballots from the General City/School Election held on April 5, 2005.

Members Present:

Lavel Heitschmidt, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Terry L. Kueser, 3^rd District Commissioner

Others Present: Peggy Svaty, Tom Foran.

Al Steinert

1. OPENING BUSINESS:

Chairman Rush called the meeting to order.

2. CANVASS OF BALLOTS

The canvas of ballots from the April 5, 2005 election was held with Chairman Rush checking the official abstract book and Commissioners Heitschmidt and Kueser checking the results of the optional scan reports. One Provisional Ballot was presented to the Commissioners for their decision as to whether or not to count it. The Provisional Ballot was cast because the voter was a first time voter and did not present identification. Within the allotted time by law, the voter produced sufficient identification to the County Election Officer and she recommended to the County Commissioners that the vote be counted. The Commissioners agreed and the vote was counted. With the Provisional Ballot being counted, the results changed the mayoral race for Wilson City to Eleanor Hunter, 181 votes and Al C. Steinert, 181 votes. This constituted a tie vote and the law requires that the Commissioners decided by lot who is the winner. The Commissioners chose to flip a coin with Eleanor Hunter being the winner. With the exception of the above race, all other races remained the same as reported on election night.

Mr. Steinert then requested to the County Election Officer that he would like a hand recount of the Wilson Mayor race and deposited $75 for the cost of the recount. A recount will be held on Tuesday, April 12^th at 8:30 a.m. at the Ellsworth County Courthouse with a canvassing board provided by the County Election Officer.

3. ADJOURNMENT:

Chairman recessed the canvassing board at approximately 8:45 a.m. until after the requested hand recount. Approximately at 9:00 a.m. Eleanor Hunter came to the office and visited with the Commissioner about the result of the race and asked questions of the County Election Officer about the conduct of the election and legality of some voters.

 

________________________________________

Janet L. Andrews

Ellsworth County Clerk

April 4, 2005

ELLSWORTH COUNTY COMMISSION MEETING

APRIL 4, 2005

MINUTES

The Board of Ellsworth County Commissioners convened this 4^th day of April, 2005 at the Ellsworth County Courthouse.

Members Present:

Lavel Heitschmidt, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Terry L. Kueser, 3^rd District Commissioner

1. OPENING BUSINESS;

Chairman Rush called the meeting to order at 9:00 a.m.

Commissioner Kueser moved to approve the Agenda as presented.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to approve the Minutes of March 28, 2005 as presented.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

No one was present for the Public Forum.

2. APPOINTMENTS:

Sheriff Tracy Ploutz reported that Deputy Bill Chansler is now a certified taser instructor.

Rick Nondorf, Road & Bridge Supervisor, presented his Annual Engineer’s Report.

Bob Rush, citizen from Langley Township, stopped to visit with the Commissioners with no particular issue in mind.

Michelle Brokes, Extension Service, reported the new 4-H barn is being put up this week and should be completed in about ten days.

3. OLD BUSINESS:

There were no old business items on the Agenda.

4. NEW BUSINESS:

Commissioner Kueser moved to approve the March payroll in the amount of $136,631.48.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to approve the March accounts payable in the amount of $159,811.79 but withhold check no. 803 until further information in garnered.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

5. ADJOURNMENT:

Chairman Rush adjourned the meeting at 11:20 a.m.

 

 

_________________________________________

Janet L. Andrews

March 28, 2005

ELLSWORTH COUNTY COMMISSION MEEETING

MINUTES

MARCH 28, 2005

The Board of Ellsworth County Commissioners convened this 28^th day of March 2005 at the Ellsworth County Courthouse.

Members Present:

Lavel Heitschmidt, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Terry L. Kueser, 3^rd District Commissioner

1. OPENING BUSINESS:

Chairman Rush called the meeting to order at 9:00 a.m.

Commissioner Kueser moved to approve the Agenda with changes.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to approve the Minutes of March 21, 2005 as presented.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Al Oller from Holyrood was present for the Public Forum but had no issue at that particular time. He wanted to be there for the Ellsworth County Council on Aging appointment later in the morning.

2. APPOINTMENTS:

Kevin Ludlum & Gaye Woods, EMS Co-Directors, reported personnel had attended a grant workshop and were interested in writing a grant for a Land Pride Treker. The Treker is a custom built vehicle built in Lorraine, KS designed for emergency care in remote locations. The approximate cost of the Treker and a trailer would be $23,000 but the cost to the county, if the grant were awarded, would be only $1,300. The Commissioners urged them to continue with the grant application.

Rick Nondorf, Road & Bridge Supervisor, presented the State’s Five-Year Plan for their signature. The Plan is for replacement of bridges or roadwork with an 80/20 division of funding.

Commissioner Kueser moved to go into executive session to discuss non-elected personnel from 10:03 a.m. until 10:15 a.m. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. County Clerk, Janet Andrews, was included in the executive session. The Commissioners returned to open session at 10:15 a.m.

Members of the ECCA Board, Jean Pflughoeft, President and Eleanor Hunter, Treasurer, and Laura Neuman, Coordinator, met with the Commissioners to discuss the Holyrood request and complaints on funding allocations. Mrs. Hunter explained that the money Holyrood has received in the past has gone only for the operation of the bus and the money was directed into the city’s funds and approximately $7,500 is in the fund at the present time. She was not able to get an accounting of the expenses, but since the bus was purchased with senior funds and it has not all been used for that purpose, the city should give those working with the meal program some of that money. After a lengthy discussion in which Mr. Oller was a participant, Mr. Oller was going to talk with the city and see if they formed a senior organization, they could take over the operation of the bus and handle all the funding for the bus and meal program.

Sheriff Ploutz had nothing to report.

Chairman Rush moved to go into executive to discuss with the County Attorney, Joe Shepack, to discuss the acquisition of real property from 11:00 a.m. until 11:30 a.m. Commissioner Kueser seconded the motion. Motion carried 3-0. Commissioners returned to open session at 11:30 a.m. and Commissioner Kueser moved to continue the executive session to discuss the acquisition of real property with the County Attorney from 11:30 a.m. until 11:45 a.m. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. The Commissioners returned to open session at 11:45 a.m.

Scott Moore, Ellsworth City Administrator, gave the Commissioners an update from the consultant hired to work on the prison expansion and asked that the County Clerk disseminate it to the other cities.

3. OLD BUSINESS:

There were no old business items on the Agenda.

4. NEW BUSINESS:

Commissioner Kueser moved to approve Abatement 53 in the amount of $70.86.

Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

5. ADJOURNMENT:

Chairman Rush adjourned the meeting at 12:15 p.m.

 

___________________________________________

Janet L. Andrews, Ellsworth County Clerk