COMMISSIONERS PROCEEDINGS
DECEMBER 16, 2019
Agenda: 8:30 – Bills
9:00 – Michael – Drug Rehab Services
9:30 – Tony Martin – Road & Bridge
10:00 – Longevity Gifts
10:30 – Montgomery Escue – Freedom Pipeline
The Board of County Commissioners met in regular session with all members present. Also present were Paul Kitzke, County Attorney; Amy Jo Tharp, County Clerk and RoGlenda Coulter with the Hugoton Hermes. Tron called the meeting to order. Joe moved to approve the minutes of the last meeting. Pat seconded. Motion carried. Pat moved to approve the county vouchers. Joe seconded. Motion carried. The Clerk was instructed to draw warrants on the Treasurer chargeable to the various funds of the county for the following amounts:
| General | $ 93,632.03 |
| Road & Bridge | $ 93,437.65 |
| Airport | $ 1,661.55 |
| Noxious Weed | $ 3,497.23 |
| EMS | $ 10,647.24 |
| Fire | $ 10,772.47 |
| Community Health | $ 20,799.75 |
| Sheriff | $ 36,396.80 |
| Employee P/R Misc W/H | $ 53.42 |
| Ambulance Bequest | $ 20,040.00 |
| Wellness Bequest | $ 4,800.00 |
| Comm Health Grants | $ 15,304.26 |
| Alcohol Treatment | $ 250.00 |
| Co. Building | $ 11,713.50 |
| TOTAL: | $ 323,005.90 |
Amy Jo Tharp informed the commissioners it would be fine to do resolutions for GAAP and others the second Monday in January, if the meetings get changed to those dates.
Amy Jo Tharp asked the commissioners if tree removal and clean-up would be a building expense or the department’s expense. The commissioners agreed it would be a department expense as trees are not part of building.
Pat brought up a discussion about Seaboard and what their tax abatement could potentially do to the county since their tax is already figured in with the levy and values. If they get a tax abatement, it would put the hospital, library and other county entities short on their appropriations by approximately twenty-five percent (25%). Pat would like someone from Seaboard to come in and discuss their plans with the county. If the appraiser is able, have her come in as well. Tron said he would contact Seaboard and see if he can get any information as far as their taxes are concerned. Tron asked to have a letter sent out to the entities that could be affected, informing them of the potential appropriation shortage for the 2020 calendar year.
Michael with Drug Rehab Services, LLC. called in to discuss with the commissioners ways on spreading awareness of substance abuse and to promote articles they provide to help inform counties. Tron said the commissioners are satisfied with the program the county already has in place.
Rodney Kelling, the Emergency Services director came in and requested a five (5) minute Executive session with the commissioners concerning employment status on non-elected personnel.
Pat made a motion to go into a five (5) minute executive session about the employment status of non-elected personnel. Executive session began at 9:07 AM and commenced at 9:11 AM. No action taken.
Tony Martin with Road and Bridge came in and discussed an issue with Sunbelt Feeders crossing permit dated June 24, 2019. He stated they requested to have the crossing permit recorded in the Register of Deeds office which would require notarized signatures.
Tony informed the commissioners his employees are busy plowing snow today and will be working on grading roads as soon as weather permits.
Pat moved, beginning January 1, 2020, to change the commissioner meetings from the first and third Monday of each month to the second and fourth Monday of each month, except for holidays which will be the following day of the meeting, Joe seconded.
Discussion commenced over the length of time until the next commissioner meeting. The commissioners felt it would be too much of a stretch.
Pat rescinded the previous motion of changing the commissioner meeting days and decided to meet January 6, 2020 and change the meeting dates at that time to reflect the second meeting on January 27th. Joe seconded. Motion carried.
Joe Thompson asked how Paul would like to handle the airport situation. Paul stated the way he reads the statutes, the airport has two (2) ways to run the airport. Paul said they could have an airport commission which would require votes cast on the members by the public, have their own levy and if they overspend the funds received, they would be without funding until the following year. The other alternative is to run it through the county like the other departments such as the board acts as the department head and all accounting, monies received is deposited with the treasurer’s office and any paid outs are done through the county clerk’s office. They instructed Amy Jo Tharp to converse with Vanessa Willis and set up a memorandum of understanding on how the accounting portion is to be run through the county with the airport.
Montgomery Escue, consultant for Freedom Pipeline, and Rick Hansen, engineering consultant for Freedom Pipeline, were in attendance to discuss the right-of-way/easement on Road 21 for their pipeline. Discussion revolved around whether the county ever opened Road 21 at the section. Freedom Pipeline is needing to run a line and wanting the commissioners to give them an easement to lay their pipe. Paul feels it is not the county commissioner’s job to determine if there is an easement since there is no road. The commissioners feel it is important to request permission from the landowner to show the “good neighbor” rule.
Montgomery said the county roadways use of the 1879 to 1880 roads, talks about whether or not section lines are the county’s to give authority for right-of-way. He stated the commissioners should not want to give the landowner power to decide if they can run pipe on the section line. He feels it is the commissioner’s duty to allow an easement. He said the permit is to approve the safety requirements and those have been met.
More discussion on if the county owns the section line or not was discussed. Law from 1901 states that if a road has not been opened in seven (7) years, then it is not the county’s land to allow easement. Freedom Pipeline showed in the July 5, 1889 minutes where the commissioners made a motion to approve the opening of Road 21. Since the road was opened at one time, whether there is a visible road or not, it is the county’s right to give easement or right-of-way.
The commissioners asked Freedom Pipeline to at least inform the landowners they are laying a line and will put sprinklers, fences and anything else they had to disturb, back the way they first found it. Paul agreed the right-of-way/easement should be done correctly.
Amy Jo Tharp asked the commissioners about COLA for the 2020 year. The commissioners tabled the discussion until January 6, 2020.
Ross Sullivan checked in with the commissioners.
Abatement and Added Orders for tax year 2019 numbers 172-186 were reviewed and approved by the commissioners and given to the County Treasurer; added value 1,655 and added tax $247.27. The Abatement value -1,057 and tax -$156.24. The total valuation added is 598 and tax assessed is $91.03.
By motion, the Board adjourned.
Attest: Amy Jo Tharp, County Clerk
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Tron Stegman, Chairman