Minutes, December 18, 2006

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

DECEMBER 18, 2006

The Board of Ellsworth County Commissioners convened this 18^th day of December 2006 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 Kueser called the meeting to order at 9:00 a.m.

Commissioner Rush moved to approve the Agenda as printed. Commissioner Kueser seconded the motion. Motion carried 3-0.

Commissioner Heitschmidt moved to approve the Minutes of December 11, 2006. Commissioner Rush seconded the motion. Motion carried 3-0.

Commissioner-elect, Albert Oller, was present.

2. APPOINTMENTS:

Sheriff Tracy Ploutz reported that the Special Law Enforcement Fund had a balance of $3,340.90, however, there will be several expenses coming out of that fund in December. He will review the fund with them again after the December accounts payables are posted.

Joe Shepack, County Attorney, met with the Commissioners to discuss the agreement presented by Tradewind Energy for construction of Phase I of the Smoky Hills Wind Farm, LLC. Also present during the meeting was Dr. Douglas Moeckel, USD 327 Superintendent, Steve Donley, Wayne Bohl and Laura Warta, Ellsworth County landowners. Mr. Shepack reported that presently there are three other counties that have wind farms, and he proposed that we get copies of their agreements and review them as to terms and "in lieu" tax payment. The agreement we have, per Mr. Shepack, does not include a decommissioning agreement nor a designated amount of "in lieu" payment for Phase II of the construction. Also, something more substantial is need in the agreement to repair any township or county infrastructure damaged. Bonding for that and the decommissioning might be something that would be acceptable. Dr. Moeckel addressed the school's concern on any money received and how it would be distributed. Mr. Bohl and Mr. Donley expressed their views on the company and benefits that the county would receive from having a wind farm. Chairman Kueser reminded all that the State of Kansas has exempted wind farms and it was up to the private landowners as to whether they wanted to lease their land. Also, they, the Commissioners, have no control on the establishment of a wind farm; but they do have a responsibility to protect the county to the best of their ability and negotiate a fair and reasonable contract for all taxing entities. Mr. Shepack will contact the other counties that have wind farms and will meet with the Commissioners after that information is received.

Richard Nondorf, Road & Bridge Supervisor, presented a list of employees hired in 2006 who have successfully completed their probation period and should be moved forward on the salary schedule. Commissioner Rush moved, as recommend by Mr. Nondorf, to move Bret Dunlap to 8c, Ernie Kasiska to 8c, Nick Nelson to 8b and Joe Ranker to 8b effective December 1, 2006. Commissioner Kueser seconded the motion. Motion carried 3-0. The bids were opened on the 1997 Dodge truck and 1993 International dump truck. The high bids were $5,100 and $5,531 respectively and were accepted. Mr. Nondorf reported he was planning to upgrade some of the shop equipment and planned on purchasing an air plasma cutter for approximately $1,600. The Commissioner agreed to the purchase.

Michelle Maze, EMS Director, reported the cost of each new monitor discussed earlier with them was $16,977 and she felt she could not purchase six out of her 2007 budget and she did not get the grant intended to be used for that purpose. She can lease them for $355.64 each and after 60 months would own them. Therefore, she would like to lease/purchase two monitors and try to get the additional money through grants for lease purchase of the other four. The Commissioners asked that she make the monitors a priority for her department when considering or before making any other purchases for the department. Mrs. Maze presented a list of uncollectible charges for in the amount of $9,152.27. Commissioner Rush moved to approve the write-off of uncollectible ambulance bills for $9,152.27. Commissioner Kueser seconded the motion. Motion carried 3-0. Mrs. Maze attended a Medicare meeting last week and reported Medicare is really cracking down on payment for use of ambulance service. In line with the spending of EMS memorial money, Mrs. Maze requested to use some of that money to pay for an on-line driving course for EMS personnel. They would have course work on-line and after the class work there would be an actual driving test. The Commissioners approved the funding from the memorial fund. Since Mr. Fitzgerald was unable to attend the meeting with Mrs. Maze and Mrs. Waymaster about the county website, the meeting was reschedule until after the first of the year.

Jo Funk, Sanitarian with the Salina-Saline County Health Department, gave the Commissioners an Environmental Activity Report by the LEPP Program for 2005.

3. OLD BUSINESS:

Commissioner Rush moved to rescind the appointment of Garnell Hanson to the North Central-Flint Hills Area Agency on Aging Board of Directors and appoint Mervyn Harms to that position. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to terminate the supplemental life insurance for employees with Lafayette Life Insurance Company effective January 1, 2007. Commissioner Rush seconded the motion. Motion carried 3-0.

4. NEW BUSINESS:

Commissioner Heitschmidt moved to approve the renewal of the cereal malt beverage license for Cliff's Service. Commissioner Kueser seconded the motion. Motion carried 3-0.

Commissioner Heitschmidt moved to approve Abatements 2006, #6 & #9 in the amount of $235.74. Commissioner Kueser seconded the motion. Motion carried 3-0.

5. OTHER BUSINESS:

Chairman Kueser recessed the meeting at 11:25 a.m. At 1:45 p.m. Chairman Kueser called the meeting back to order. Commissioner Rush moved to go into executive session to discuss non-elected personnel from 2:00 p.m. until 3:30 p.m. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. At different times during the executive session, Jan Andrews, County Clerk, and Carl Miller, Appraiser, were asked to join the executive session. The Commissioners returned to open session at 3:30 p.m. No action was taken.

6. ADJOURNMENT:

Chairman Kueser adjourned the meeting at 3:45 p.m.

 

______________________________________________

Janet L. Andrews, Ellsworth County Clerk

Minutes, December 11, 2006

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

DECEMBER 11, 2006

The Board of Ellsworth County Commissioners convened this 11^th day of December 2006 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 Kueser called the meeting to order at 9:00 a.m.

Commissioner Rush moved to approve the Agenda as printed. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Rush moved to approve the Minutes of December 4, 2006. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Albert Oller, Commissioner-elect, was present.

2. APPOINTMENTS:

Sheriff Tracy Ploutz reported he was still working on bids for the Local E-911 grant and has to have them in Topeka by Friday. He is purchasing a fingerprint table from the Special Law Enforcement Fund and will have a yearly report on that fund for them next week. The Commissioners and Sheriff Ploutz discussed the new concealed weapon law and the application and certification process. The fees collected for the application will go into the Special Law Enforcement fund and can be expended for law enforcement equipment.

Jonathan Mitchell, Ellsworth City Administrator, went through the draft by-laws for Ellsworth County Economic Development, Inc. In the new by-laws, the name will change to the Smoky Hill Development Corporation and will be governed by a 9 to 11 member board with the membership being directly related to the level of participation. There will be one member from each city, three representatives appointed by the Commissioners and one member representing the membership. Another two board members can be appointed if the need arises. The draft by-laws allows the Board of Director to hire a full-time professional director to work under their supervision. County Attorney, Joe Shepack came into the meeting and the Commissioner discussed the draft by-laws and interlocal agreement with him. Mr. Shepack had no problem with either of the documents. Commissioner Kueser moved to approve Resolution 06R15, A Resolution Establishing The Joint Smoky Hill Development Corporation. Commissioner Rush seconded the motion. Motion carried 3-0.

Carl Miller, Appraiser, has reviewed the Ellsworth City Neighborhood Revitilization presented by Mr. Mitchell, and he has no problem with it. He has been meeting with some individuals on a county-wide revitialization plan and it would have a lower dollar threshold than the plan presented by the City of Ellsworth. Since the Commissioners are planning a worksession on salaries next week, Mr. Miller will come back then with his completed employee evaluations.

Roberta Waymaster, representing the Technology Committee, asked the Commissioner what kind of updates they were wanting on the county website. As it stands at the present time, Robert Fitzgerald, the webmaster, has a primary job with the county as an EMT and sometimes his schedule does not allow him the time to do website work. Also, the computer dedicated to the website has been moved into another area where there is less space to leave material when called out on an EMT run. Mrs. Waymaster asked if the Commissioners had thought of hiring an full-time or part-time IT person to help the departments with their computer problems and make sure the computer programs are updated on a regular basis. If that was the case, Mr. Fitzgerald would be interested on a part-time basis. It was finally agreed that the Commissioner would meet with Mrs. Waymaster, Mr. Fitzgerald and Mrs. Maze, EMS Director, to discuss this matter and find a solution to the problem.

Joe Shepack, County Attorney, reported he had sold the Holyrood property the county had inherited in the 2004 delinquent tax sale for back taxes, interest and fees.

3. OLD BUSINESS:

After a discussion with Garnell Hanson, Commissioner Rush moved to appoint Garnell Hanson, representing Ellsworth County, to the North Central-Flint Hills area Agency on Aging Board of Directors. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Discussion on the county supplemental life insurance policy was tabled until next week.

4. NEW BUSINESS:

Commissioner Kueser moved to approve Resolution 06R14, A Resolution Authorizing The Conveyance Of County Owned Real Estate. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Rush moved to approve two Cereal Malt Beverage Licenses for the Dry Dock. One is for sale in original and unopened containers and the other is for consumption on premises. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

December 11, 2006

Commissioner Rush moved to approve Abatement 2006-5 in the amount of $61.82. Commissioner Kueser seconded the motion. Motion carried 3-0.

5. ADJOURNMENT:

Chairman Kueser adjourned the meeting at 11:50 a.m.

 

___________________________________________

Janet L. Andrews, Ellsworth County Clerk

Minutes, December 4, 2006

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

DECEMBER 4, 2006

The Board of Ellsworth County Commissioners convened this 4^th day of December, 2006 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 Kueser called the meeting to order at 9:00 a.m.

Commissioner Rush moved to approve the Agenda as printed. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Rush moved to approve the Minutes of November 27, 2006. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Albert Oller, Commissioner-elect, was present.

2. APPOINTMENTS:

Jonathan Mitchell, Ellsworth City Administrator, discussed the recent zoning meeting and reported he had received some positive feedback for making the information available. Mr. Mitchell presented a City of Ellsworth Neighborhood Revitalization Plan for the Northeast Ellsworth Commercial Redevelopment District and an Interlocal Agreement between the city and county. The Neighborhood Revitalization Plan would allow tax abatements on construction of an improvement of $50,000 or more over a ten-year period. The abatement would not affect the present tax base on existing property if the construction were an addition. The Commissioners will discuss both documents with the County Attorney and Appraiser and get back to Mr. Mitchell before the 18^th of December.

Tracy Ploutz, Sheriff, reported it was time to remodel the dispatch area of the jail and he felt that cost should come out of the county building fund rather than his budget. If he gets the grant for the wireless 911 equipment, he will need to have the whole area redone. Also, the area has not had any improvement since being constructed in 1980 and with all the technology that has evolved, wires are everywhere. He would like to have an architect configure the space. The Commissioners asked that he contact Architect, Fred Abercrombie. Homeland Security was in the area last week visiting Oneok and met with Rice and Ellsworth County Law Enforcement about protection for gas pipeline companies. There might be some grant money available for monitoring devices for both counties and that would be another addition to the already crowded dispatch area. Recently, upon the recommendation of a computer company, he bought a webcam for the booking room, but it is not the right equipment needed for the area. Therefore, he is looking for a different one. A patrol car that he has been looking at will become available in February and he has put a hold on it.

Rick Nondorf, Road & Bridge Supervisor, reported that work on the Vopat Bridge has started. Presently, he has three bridges on the State Five-Year Plan with one being let in November 2007, one in March 2008 and one in October 2008. Farther out in 2009 and 2010 there are two more bridges on the list for Ellsworth County.

Joe Shepack, Ellsworth County Attorney, reviewed a report on the activities of his office for the past year. Also, the Commissioners gave him the information on the City of Ellsworth Neighborhood Revitalization plan for his review and opinion.

3. OLD BUSINESS:

There were no old business items.

4. NEW BUSINESS:

Commissioner Rush moved to approve the November payroll in the amount of $164,728.71. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Rush moved to approve the November accounts payable in the amount of $314,367.71. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

5. ADJOURNMENT:

Chairman Kueser adjourned the meeting at 11:50 a.m.

 

 

_______________________________________

Janet L. Andrews, Ellsworth County Clerk

 

 

Minutes, November 27, 2006

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

NOVEMBER 27, 2006

The Board of Ellsworth County Commissioners convened this 27^th day of November, 2006 at the Ellsworth County Courthouse.

Members Present:

Kermit Rush, 1^st District Commissioner

Lavel Heitschmidt, 2^nd District Commissioner

Terry L. Kueser, 3^rd District Commissioner

1. OPENING BUSINESS:

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

Commissioner Rush moved to approve the Agenda as amended. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Heitschmidt moved to approve the Minutes of November 6 and November 13, 2006. Commissioner Kueser seconded the motion. Motion carried 3-0.

Commissioner-elect, Albert Oller, was present for the meeting.

2. APPOINTMENTS:

Sheriff Tracy Ploutz reported that one of his patrol cars was hit by a deer and was totaled. He has purchased a 2004 Crown Victoria from the Highway Patrol Fleet Service for $11,200.

Upon the request the Michelle Maze, EMS Director, Commissioner Rush moved to go into executive session to discuss non-elected personnel from 9:45 a.m. until 10:00 a.m. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. Sheriff Ploutz was included in the executive session. The Commissioners returned to open session at 10:00 a.m. No action was taken. Mrs. Maze questioned the holiday pay for EMS personnel. As they have been doing it, employees take either the designated day set by the County Commissioners or the day of the holiday. Whichever one they work they put in for holiday pay. The County Clerk, who is in charge of payroll, questioned paying for either day when the county does designate which day will be observed as the holiday and other departments observe that day. The Commissioners tabled any decision on the matter until more information could be gathered.

3. OLD BUSINESS:

The Commissioners discussed the format for the zoning meeting being held this evening.

4. NEW BUSINESS:

Commissioner Rush moved to approve Abatements for 1994-1997 in the amount of $46.84. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Rush moved to approve Abatement 2006 #3 for $248.30. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

5. OTHER BUSINESS:

Commissioner Rush moved to go into executive session to discuss non-elected personnel from 10:45 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. No action was taken.

6. ADJOURNMENT:

Chairman Kueser adjourned the meeting at 11:50 a.m.

 

 

________________________________________

Janet L. Andrews, Ellsworth County Clerk

Minutes, October 30, 2006

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

OCTOBER 30, 2006

The Board of Ellsworth County Commissioners convened this 30^th day of October 2006 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 Kueser called the meeting to order at 9:00 a.m.

Commissioner Rush moved to approve the Agenda as printed. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

Commissioner Rush moved to approve the Minutes of October 23, 2006. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

No one was present for the Public Forum.

2. APPOINTMENTS:

Teresa Shute, Noxious Weed-Landfill Supervisor, informed the Commissioners the new spray truck had a small problem, but it has been repaired. America Recycling Day is November 16^th and they are planning an open house from 10:00 a.m.-2:00 p.m. and will have refreshments and some prizes to give out. When questioned about finding a replacement for the tractor, Mrs. Shute replied she had talked with Dale Houston at the Road & Bridge Department and he will accompany her when they are able to find a used tractor. Right now, they have not located anything.

Rick Nondorf, Road & Bridge Supervisor, reported the new dump truck has been received and the two older ones are going to be put up for sale by sealed bid. The new excavator is working well and he would like the Commissioners to come up and look at it. Presently, they are mowing for the townships and striping the roads.

Brent Goss, Extension Service, reported the 4-H Barn account has a deficit balance, and according to the County Clerk is not acceptable by statute. He has and is stilling going over all the invoices that have been paid to make sure nothing has been overpaid. Commissioner Kueser moved to redirect some of the bills from the October, 2006 accounts payable for the 4-H Barn to the General Fund. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. When additional donations are received, they can be used to reimburse the General Fund. Mr. Goss discussed Ellsworth City's conversation with him to improve the entrance to the barn. They plan to work on the roads into the area and would be willing to spread some rock at that time if the county would pay for the material or furnish it. Mr. Goss thought the cost would not exceed $300, but he will get back to the Commissioners with a more definitive estimate.

Michelle Maze, EMS Director, presented two bids for the replacement of the heating system at the EMS building. There were also bids to repair the furnace, however, with the age of the system and the cost comparison of repair to new, the Commissioner felt it was best to go to a new system. Commissioner Rush moved to accept B&B Plumbing's bid of $8,413 to replace the heating system at the EMS building. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. Mrs. Maze discussed a problem facing all emergency services with the new legislation allowing concealed weapons and how it affects them when responding to a call. There is not always a law enforcement officer available on a call and what would they do with a gun if one were on the person they were picking up. The Commissioners asked Mrs. Maze to discuss the issue with her peer organizations and develop the necessary protocols.

Upon the request of Carl Miller, Appraiser, Commissioner Rush moved to go into executive session to discuss non-elected personnel from 10:32 a.m. until 10:55 a.m.

Commissioner Kueser seconded the motion. Motion carried 3-0. County Clerk, Jan Andrews, was included in the executive session. The Commissioner returned to open session at 10:55 a.m. No action was taken.

Upon the request of Sheriff, Tracy Ploutz, Commissioner Rush moved to go into executive session to discuss non-elected personnel from 11:02 a.m. until 11:20 a.m. Commissioner Heitschmidt seconded the motion. Motion carried 3-0. The Commissioners returned to open session at 11:20 a.m. No action was taken. Sheriff Ploutz reported at the recent Kansas Association of Sheriff's meeting he was elected Second Vice-President making him President in two years.

Joe Shepack, County Attorney, visited the Commissioners about the Union Pacific Assignment & Assumption Agreement that needed to be approved. Mr. Shepack advised the Commissioners not to sign the agreement and will forward a letter to Union Pacific regarding that decision. The Commissioners discussed the new Sanitary Code for Ellsworth County drafted by Mr. Shepack and Commissioner Kueser moved to send it to the KDHE Review Board for approval. Commissioner Rush seconded the motion. Motion carried 3-0.

3. OLD BUSINESS:

The Commissioners approved the advertising for the zoning meeting. Also, it was suggested that it be sent to all township officers as well as city governing bodies.

Commissioner Kueser moved to appoint Drs. Slomka, Kepka, Whitmer and PA, McGowan, as Ellsworth County District Coroners. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

4. NEW BUSINESS:

Commissioner Rush moved to approve the HIPPA Business Agreement between Ellsworth County and Foulston Siefkin LLP, Attorney-Assist for KCAMP. Commissioner Heitschmidt seconded the motion. Motion carried 3-0.

5. ADJOURNMENT:

Chairman Kueser adjourned the meeting at 12:10 p.m.

 

_________________________________________

Janet L. Andrews, Ellsworth County Clerk