Cherokee County
110 W. Maple, Columbus, KS 66725 • Phone: 620-429-2042

Minutes from February 25, 2013

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MINUTES FOR FEBRUARY 25th, 2013

BOARD OF CHEROKEE COUNTY COMMISSIONERS

CHEROKEE COUNTY, KANSAS

CONVENE

Chairman Richard Hilderbrand called the regular session of the Cherokee County Board of Commissioners to order and led all in attendance in the Pledge of Allegiance at 9:00 AM on Monday, February 25th, 2013 in the Commission Room, #109 of the Cherokee County Courthouse.  Commissioners Pat Collins, Charles Napier, Richard Hilderbrand, and County Clerk Rodney Edmondson were present.

Members of the press present:  Larry Hiatt, Patrick Richardson, and Machelle Smith

Visitors:  Gerald Messer, Raymond Griffith

Dr. Melinda Mayfield – All God’s Creations

Dr. Mayfield came before the Commission requesting their consideration for funding for her Animal Rescue Program.  There is currently no animal shelter in Cherokee County.  In 2011 she adopted out 392 dogs, in 2012 she adopted out 400 dogs.  Currently she has 15 dogs at her clinic and 10 in foster care.  The Commissioners took her request under advisement.

Jason Allison – Emergency Preparedness Director

Jason updated the Commissioners on the winter storm warning for the next two days.

Leonard Vanatta – County Engineer

Gene Langerot – Lot Supervisor

The County Lot is preparing for the snow storm.  Spreaders are loaded and ready.  They spread 37 loads of ice control on Thursday and Friday last week.  Several trees were down from the ice last week.

Commissioner Hilderbrand made a motion for an Executive Session for a period of five minutes for the purpose of Non/Elected Personnel with Gene and Leonard present.  The motion was second by Commissioner Napier.  The motion carried 3-0 with all voting yes at 9:32 AM.

The meeting reconvened at 9:37 AM.

No action taken as a result of the Executive Session.

Jack Cossairt, Marion Atkinson – Crawford Township

Jack and Marion voiced their concerns over the new water line on Clem Road going through the Timber Hill Cemetery, where there is numerous unmarked graves right up next to the road ditch.  The line is being put in for Rural Water District #19.  The Township hasn’t been contacted by anyone.  Leonard Vanatta advised that he was promised a map of the project, but never received one.  Commissioner Napier will contact John Epler; he is on the Water District Board about the concerns.

Commissioner Collins made a motion approve Employee Payroll for the month of February, and it was second Commissioner Napier.  The motion carried 3-0 with all voting yes.

Gene Mense, Matt Mense – Certified Public Accountants

Gene appeared at the request of the Board to answer questions from the Commissioners concerning how to handle the settlement funds from the Penn Gaming Lawsuit.

Jail bond is at 2.5%-5% interest rate, funded by the ½ cent sales tax.  The balance is approximately $4.455 Million.  They provided a list of indebtedness based on the 2011 Audit report.  All capital leases total $700-$1M, depending on payments that were made in 2012.  That would leave only the Jail debt.

A motion was made by Commissioner Hilderbrand to pay off the Capital Lease items at a cost of approximately $1M, and it was second by Commissioner Napier.  Motion passed 3-0 all voting yes.

Mense & Mense will return on April 8th, 2013 at 1:00 PM for further consultation.

Ed Fields, Crawford Co. Noxious Weed Director, Crawford Co. Commissioner Bob Kmiec – Contracting Noxious Weed

Ed and Bob appeared before the Board and presented a written proposal for contracting right-of-way control for spraying of noxious weeds in Cherokee County.  Billing would be done by detailed invoice.  Administration would be done by Mr. Fields, and Cherokee County taxpayers would contact him directly.  The Board took their proposal under advisement.

Kevin Cure – County Counselor

A Public Hearing was held for vacating a portion of Mary Street in Carona, which began at 11:50 AM.  Bill Peace appeared on his request to vacate.  Robert Haskell appeared for clarification of the vacation.  Mr. Haskall was satisfied that the vacation does not alter the existing Crow road and had no objection to the resolution to vacate.

A motion was made by Commissioner Napier to pass Resolution 04-2013, vacating a portion of Mary Street.  It was second by Commissioner Collins.  The motion carried 3-0 with all voting yes.

A Public Hearing was held for vacating a portion of Rock Hill Road to McNemar, which began at 12:05 PM.  No one appeared to object.

A motion was made by Commissioner Collins to pass Resolution 05-2013, vacating a portion of Rock Hill Road.  It was second by Commissioner Napier.  The motion carried 3-0 with all voting yes.

A motion was made by Commissioner Hilderbrand, and seconded by Commissioner Napier, to recess for lunch at 12:10 PM.  The motion carried 3-0 with all voting yes.

The meeting reconvened at 1:00 PM.

Ron Costlow, Stan Pickering, Bill Costlow – Ambulance Board District #3.

Ron, Stan, and Bill appeared before the Board seeking funding for replacing their oldest ambulance.  They are currently running 2000 and 2007 model year ambulances.  Their grant application in 2012 for a new ambulance was turned down.  In 2012 they had 990 responses from District #3 alone.  They had five breakdowns during runs or transports last year.  The Board asked them to get quotes on a new unit as well as an estimate of any funding they could provide toward the purchase.  They will get on the agenda at a later date with an update.

A motion was made by Commissioner Collins to approve minutes of February 11th, 2013 Commission Meeting as written.  It was second by Commissioner Napier.  The motion carried 3-0 with all voting yes.

Rob Robison, Brett Middlesworth – Oswego Airport Expansion

Rob and Brett appeared before the Board asking the commissioners to write a letter to the Governor of Kansas, asking that Eminent Domain not be imposed for the airport expansion, for the lack of justification.  There have been no negotiations with the landowners and the city for the acquisition of property.

The Commissioners will revisit this after the meeting scheduled for March 4th, 2013 at 1 PM, with Commissioner Napier, Counselor Cure, and Clerk Edmondson meeting with the Oswego City Officials in Oswego.

A motion was made by Commissioner Collins to approve Accounts/Payables for February.  It was second by Commissioner Napier.  The motion carried 3-0 with all voting yes.

A motion was made by Commissioner Collins for an Executive Session with Mr. Cure and Leonard Vanatta, for the purpose of Real Estate Acquisition, for a period of ten minutes.  It was second by Commissioner Napier.  The motion passed at 2:18 PM.

The meeting reconvened at 2:28 PM.

No action taken as a result of the Executive Session.

A motion was made by Commissioner Napier, and seconded by Commissioner Collins, to appoint John Epler as Lola Township Trustee and Cindy Epler as Lola Township Treasurer.  The motion carried 3-0 with all voting yes.

A motion was made by Commissioner Hilderbrand for an Executive Session with Mr. Cure for the purpose of Attorney/Client Privilege, for a period of five minutes.  It was second by Commissioner Collins.  The motion carried 3-0 with all voting yes at 2:52 PM.

The meeting reconvened at 2:58 PM.

No action taken as a result of the executive session.

Mr. Cure updated the Commissioners on the 2.4 acres next to the County Lot for acquisition.  A contract could be entered if the Commissioners wish.  $65,000 is the total price for the property that is owned by O’Brien Rock Co. Inc.  He will add a revision to include proper environmental provisions to get out of the contract without penalty if contamination is found.

A motion was made by Commissioner Napier to enter into contract to purchase the O’Brien Rock Co. Inc. property.  It was second by Commissioner Collins, and the motion carried 3-0 with all voting yes.

A motion was made by Commissioner Collins for the purpose of Attorney/Client Privilege, for a period of 10 minutes.  It was second by Commissioner Napier.  The motion carried 3-0 with all voting yes at 3:22 PM.

The meeting reconvened at 3:31 PM.

No action taken as a result of the Executive Session.

Commissioner Hilderbrand made a motion to adjourn until the next regularly scheduled meeting set for March 4th, 2013.  It was second by Commissioner Napier, the motion carried 3-0, and the motion passed at 3:40 PM.

ATTEST:

Resolved and ordered this day, March 4, 2013

Signatures and attachments can be viewed in the PDF link below.

Minutes from February 25, 2013

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