finney county administrative center september 7, 2021 | …

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FINNEY COUNTY ADMINISTRATIVE CENTER September 7, 2021 | 8:30 AM CALL TO ORDER CHAIRMAN DAVE JONES 8:30 AM Pledge of Allegiance to the Flag and Invocation Chair Comments Consent Agenda Approval of Minutes from the 08/16/2021 Regular Session and 08/16/2021 Work Session Approval of Accounts Payable to include Payroll of 08/20/2021 in the amount of $276,948.87, Payroll of 09/03/2021 in the amount of $261,514.85, invoices of 09/07/2021 in the amount of $872,466.18 out of cycle payments in the amount of $130,692.51 for a total of $1,541,622.41 25th Judicial District Community Corrections Advisory Board re-appointment FY22 25th Judicial District Community Corrections Carryover Budget FY22 25th Judicial District Youth Services Carryover Budget Approval of Agenda Public Comment Business Items Planning Commission Board Appointment Aleecya Charles, Planner Planning Commission Board Appointment Resolution 16-2021 - Board of Zoning Appeals Member Expansion Linda Lobmeyer, County Counselor Resolution 13-2021 - Concluding Severe Weather Emergency Resolution 02-2021 Robert Reece, County Administrator LEPC (Local Emergency Planning Committee) Bylaws Steve Green LEPC (Local Emergency Planning Committee) Bylaws Health Department Medical Director Agreement Robert Reece, County Administrator 2021 Bottom Dump Gravel Trailer Larry Brungardt 2021 Bottom Dump Gravel Trailer Bids

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FINNEY COUNTY ADMINISTRATIVE CENTERSeptember 7, 2021 | 8:30 AM

CALL TOORDER CHAIRMAN DAVE JONES 8:30 AM

Pledge of Allegiance to the Flag and Invocation

Chair Comments

Consent Agenda

Approval of Minutes from the 08/16/2021 Regular Session and 08/16/2021 Work SessionApproval of Accounts Payable to include Payroll of 08/20/2021 in the amount of$276,948.87, Payroll of 09/03/2021 in the amount of $261,514.85, invoices of 09/07/2021 inthe amount of $872,466.18 out of cycle payments in the amount of $130,692.51 for a total of$1,541,622.4125th Judicial District Community Corrections Advisory Board re-appointmentFY22 25th Judicial District Community Corrections Carryover BudgetFY22 25th Judicial District Youth Services Carryover Budget

Approval of Agenda

Public Comment

Business Items

Planning Commission Board Appointment Aleecya Charles, PlannerPlanning Commission Board Appointment

Resolution 16-2021 - Board of ZoningAppeals Member Expansion

Linda Lobmeyer, County Counselor

Resolution 13-2021 - Concluding SevereWeather Emergency Resolution 02-2021

Robert Reece, County Administrator

LEPC (Local Emergency PlanningCommittee) Bylaws

Steve Green

LEPC (Local Emergency Planning Committee) BylawsHealth Department Medical DirectorAgreement

Robert Reece, County Administrator

2021 Bottom Dump Gravel Trailer Larry Brungardt2021 Bottom Dump Gravel Trailer Bids

2021 Semi Truck Bid Larry Brungardt2021 Semi Truck Bids

2021 Crack Seal Bid Larry Brungardt2021 Crack Seal Bids

2021 Pickup Bids Larry Brungardt2021 Pickup Bids

Kansas Association of Counties -Designation of Voting Delegate

Robert Reece, County Administrator

County Administrator Report

County Counselor ReportCounty Administrator Report

County Commissioner Reports

Commissioner Reports

Executive Session

Executive Session - Legal ConsultationExecutive Session - Non-Elected Personnel

Adjournment

Next Commission Meetings - September 20 and October 4

MEMORANDUMTO: County CommissionTHRU: Dori J. Munyan, County ClerkFROM: Dori J. Munyan DATE: September 7, 2021RE: Approval of Minutes from the 08/16/2021 Regular Session and 08/16/2021 Work

Session

DISCUSSION:Approval of Minutes

08/16/2021 Regular Session08/16/2021 Work Session

RECOMMENDATION:Approve Minutes as presented.

MEMORANDUMTO: County CommissionTHRU: Dori J. Munyan, County ClerkFROM: Gaby Cruz DATE: September 7, 2021RE: Approval of Accounts Payable to include Payroll of 08/20/2021 in the amount of

$276,948.87, Payroll of 09/03/2021 in the amount of $261,514.85, invoices of09/07/2021 in the amount of $872,466.18 out of cycle payments in the amount of$130,692.51 for a total of $1,541,622.41

DISCUSSION:Approval of Accounts Payable to include Payroll of 08/20/2021 in the amount of $276,948.87,Payroll of 09/03/2021 in the amount of $261,514.85, invoices of 09/07/2021 in the amount of$872,466.18 out of cycle payments in the amount of $130,692.51 for a total of $1,541,622.41

BACKGROUND:

RECOMMENDATION:Approve Accounts Payable as presented.

MEMORANDUMTO: County CommissionTHRU: FROM: 25th Judicial District Community Corrections DATE: September 7, 2021RE: 25th Judicial District Community Corrections Advisory Board re-appointment

DISCUSSION:The 25th Judicial District Community Corrections is requesting the re-appointment of KimFisher. Kim Fisher has served on the 25th Judicial District Community Corrections Advisory since2010. The re-appointment term will be for two years.

BACKGROUND:Kansas Statute 75-5297 establishes a Corrections Advisory board for each judicial district. Eachrepresentative represents a specific community stakeholder. Every advisory shall consist of 12 ormore members who shall be representative of law enforcement, prosecution, the judiciary,education, corrections, ethnic minorities, the social services and the general public. The purpose of the board shall be to formulate a comprehensive plan for the development,implementation, and operation of Community Correctional services as well as develop a plan foradministration, monitoring and control.

RECOMMENDATION:The recommendation is to approve the re-appointment of Mrs. Fisher.

ATTACHMENTS:DescriptionFisher re-appointment letter

MEMORANDUMTO: County CommissionTHRU: FROM: 25th Judicial District Community Corrections DATE: September 7, 2021RE: FY22 25th Judicial District Community Corrections Carryover Budget

DISCUSSION:The FY22 Carryover budget is being presented for a motion for signatory approval. The AdultAdvisory Board approved the document on August 31, 2021 and authorized the Director to presentto the Finney County Board of County Commissioners. The FY22 Carryover budget covers any necessary expenditures the KDOC grant does not cover. These monies are collected through client fees and services from the prior fiscal year.

RECOMMENDATION:The recommendation is to approve the FY22 Carryover budget for submission to the KansasDepartment of Corrections.

ATTACHMENTS:DescriptionFY22 Carryover Budget

MEMORANDUMTO: County CommissionTHRU: FROM: 25th Judicial District Youth Services DATE: September 7, 2021RE: FY22 25th Judicial District Youth Services Carryover Budget

DISCUSSION:The Fy22 Carryover budget is being presented for a motion for signatory approval. The YouthServices Advisory Board approved the document on August 31, 2021 and authorized the Directorto present to the Finney County Board of County Commissioners. The FY22 Carryover budget covers any necessary expenditures the KDOC grant does not cover.

RECOMMENDATION:The recommendation is to approve the FY22 Carryover budget for submission to the KansasDepartment of Corrections for operational expenses.

ATTACHMENTS:DescriptionFY22 25th Judicial District Youth Services Carryover budget

MEMORANDUMTO: County CommissionTHRU: FROM: Trent Maxwell, Neighborhood and Development Services Director DATE: September 7, 2021RE: Planning Commission Board Appointment

DISCUSSION:The Governing Body is asked to consider and approve an appointment to fill the expired term forthe County Representative on the Planning Commission.

BACKGROUND:The Planning Commission, a nine-member Board, has one expired County term positions.Leonard Hitz served term expired December 31, 2020. Mr. Hitz have expressed interest in servingagain. This is a three-year term set to expire December 31, 2023

ALTERNATIVES:1. The Governing Body may reappoint Leonard Hitz.2. The Governing Body may appoint another person to the Planning Commission.3. The Governing Body may leave a vacancy and solicit interest in serving on the Planning

Commission.

RECOMMENDATION:Staff recommends Alternative 1 or Alternative 2.

FISCAL And/Or POLICY IMPACT:None.

MEMORANDUMTO: County CommissionTHRU: FROM: Linda Lobmeyer, County Counselor DATE: September 7, 2021RE: Resolution 16-2021 - Board of Zoning Appeals Member Expansion

DISCUSSION:The Governing Body is asked to consider Resolution 16-2021 Expanding the Board of ZoningAppeals from three to five members.

BACKGROUND:Meeting in Regular Session on August 2, 2021, the Governing Body briefly discussed increasingthe number of members on the Board of Zoning Appeals from three to five and requested thatCounty Counselor Linda Lobmeyer review feasibility and advise at a future meeting.

ALTERNATIVES:1. Adopt Resolution 16-2021; a resolution expanding the Board of of Zoning Appeals from

three to five members2. Decline to adopt Resolution 16-2021 maintaining the Board of Zoning Appeals as a three-

member board

RECOMMENDATION:None

FISCAL And/Or POLICY IMPACT:Upon adoption of Resolution 16-2021, Finney County Zoning Regulations at Article 28.010 mustbe modified to comport with the expansion of the Board of Zoning Appeals.

ATTACHMENTS:DescriptionResolution 16-2021Article 28 Finney County Zoning Regulations

Resolution 16-2021

EXPANSION OF THE BOARD OF ZONING APPEALS TO FIVE MEMBERS

WHEREAS, on the 7th day of September 2021, the Board of County

Commissioners of Finney County, Kansas, determines that the Board Zoning

Appeals should be expanded to five members;

WHEREAS, K.S.A. 12-759 allows the governing body to determine the

number of members on the Board of Zoning Appeals; and

WHEREAS, such expansion will better serve the members of the community

when conflicts of interest arise among the members of the Board of Zoning Appeals.

NOW, THEREFORE BE IT RESOLVED, that the Finney County Board of

County Commissioners increases the number of members who serve on the Board of

Zoning appeals from three to five; and

THAT the Finney County Zoning Regulations at Article 28.010 should be

amended to comport with this resolution with the expansion of the Board of Zoning

Appeals.

RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF

FINNEY COUNTY, KANSAS THIS 7th DAY OF SEPTEMBER, 2021.

_______________________________________ Dave Jones, Chairman

_______________________________________

Lon E. Pishny, Commissioner

_______________________________________ William S. Clifford, Commissioner

_______________________________________

Larry Jones, Commissioner

ATTEST: _____________________________ _______________________________________ Dori J. Munyan, County Clerk Duane Drees, Commissioner 

ARTICLE 28

BOARD OF ZONING APPEALS

SECTIONS:

28.010 The Board Of Zoning Appeals Established

28.020 Organization Of The Board

28.030 Powers And Jurisdiction

28.040 Appeals To The Board

28.050 Decision Of Appeals

28.060 Fee

28.070 Applications

28.080 Judicial Appeal

28.010 THE BOARD OF ZONING APPEALS ESTABLISHED. A Board of Zoning

Appeals is hereby created by the Governing Body of the City as prescribed by law. Such Board

shall consist of three members all of whom shall be taxpayers and residents of the County of

Finney County. They shall be appointed by the Governing Body. Not less than one or more than

two members of the Board shall be members of the Planning Commission. One member of said

Board shall be appointed to serve for a period of two years, one for a period of three years, and

one for a period of four years. Each successor shall be appointed for four years. Vacancies shall

be filled by appointment for the unexpired term only. Members of the Board serve without

compensation.

28.020 ORGANIZATION OF THE BOARD. The Board of Zoning Appeals shall

organize by electing annually one of its members as Chairman. The Board of Zoning Appeals

may also select from among their members a Vice-Chairman and such other officers as the

Board of Zoning Appeals shall consider necessary. The Board of Zoning Appeals shall appoint a

Secretary, who need not be a member of the Board of Zoning Appeals, to maintain its records

and keep minutes of all proceedings before the Board of Zoning Appeals. The Governing Body

of the County shall have the power to remove any member of the Board of Zoning Appeals for

cause. Meetings of the Board shall be held at the call of the Chairman and at such other times as

the Board may determine. The Chairman, or in his absence, the Acting-Chairman, may

administer oaths and compel the attendance of witnesses. All meetings of the Board shall be

open to the public. The Board shall keep minutes of its proceedings showing the vote of each

member, and shall keep records of its examinations and other official actions all of which shall

be immediately filed in the office of the secretary of the Board in the Planning and Community

Development Department and shall be a public record. (Ref. Board of Zoning Appeals rules etc.

K.S.A. 12-174).

28.030 POWERS AND JURISDICTION. The Board of Zoning Appeals shall have

the following powers and jurisdictions:

1. To hear and decide appeals where it is alleged there is error of law in any order,

requirement, decision, or determination made by the Building Inspector in the

enforcement of this regulation.

2. To interpret the provisions of this regulation in such a way as to carry out the intent and

purposes of the plan, as shown upon the map (fixing the several districts) accompanying

and made a part of this regulation.

3. To permit the reconstruction of a nonconforming building which has been damaged by

casualty, act of God, or the public enemy, to the extent of more than fifty (50%) percent

of the structural value of the building and the land upon which it is located, where the

board finds some compelling public necessity requiring continuance of the

nonconforming use and the primary purpose of continuing the nonconforming use, and

the primary purpose of continuing the nonconforming use is not to continue a monopoly.

In the case of doubt, the fair market value shall be determined, as provided in Article 22,

Section 22.090(2).

4. To permit a variation in the yard requirements of any district where there are practical

difficulties or unnecessary hardships in the carrying out of these provisions due to an

irregular shape of the lot, or topographical or other conditions, provided such variation

will not seriously affect any adjoining property or the general welfare of the

neighborhood or where variations may be permitted which allow unusual arrangement on

the lot and still clearly and unmistakably accomplish the intent of this regulation.

5. To authorize variances to the District regulations upon appeal, whenever a property

owner can show that a strict application of the terms of this ordinance relating to the use,

construction, or alteration of buildings or structures or the use of land, will impose upon

him practical difficulties or particular hardship, and that such variations of the strict

applications of the terms of this ordnance as are in harmony with its general purpose and

intent, (but only when the Board is satisfied that a granting of such variation will not

merely serve as a convenience to the applicant, but will alleviate some demonstrable and

unusual hardship or difficulty too great as to warrant a variation from the Comprehensive

Plan as established by the regulation) and at the same time the surrounding property will

be properly protected.

6. To hear and grant exceptions to the provisions of the zoning regulation in those instances

where the board is specifically authorized to grant such exceptions and only under the

terms of the zoning regulation. In no event shall exceptions to the provisions of the

zoning regulation be granted where the use or exception contemplated is not specifically

listed as an exception in the zoning regulation. Further, under no conditions shall the

Board of Zoning Appeals have the power to grant an exception when conditions of this

exception, as established in the Zoning regulation by the Governing Body, are not found

to be present.

28.040 APPEALS TO THE BOARD.

1. Who May Appeal. Appeals to the board may be taken by any person or persons

aggrieved, or by an officer, department, any board, other than the Board of Appeals, or

bureau of the County of Finney County affected by a decision of the Building Inspector

or Zoning Administrator. Such appeal shall be taken within a reasonable time, as shall be

prescribed by the Board by general rule, by filing with the Building Inspector or Zoning

Administrator and with the Board a Notice of Appeal specifying the grounds thereof.

The Building Inspector or Zoning Administrator shall forthwith transmit to the Board all

the papers constituting the records upon which the action appealed from is taken.

2. Time For Appeal. The Board shall fix a reasonable time for the hearing of the appeal,

give not less than five (5) days notice thereof, as well as due notice to the parties in

interest, as required in Section 28.040, Number 4. Upon the hearing, any party may

appear in person, by agent, or by attorney.

3. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action

appealed from, unless the Building Inspector or Zoning Administrator certifies to the

Board after the Notice of Appeal shall been filed with him that by reason of facts stated

in the certificate a stay would, in his opinion, cause imminent peril to life or property. In

such case, proceedings shall not be stayed otherwise then by a restraining order, which

may be granted by the Board or by a court of record, on application or notice to the

Building Inspector or Zoning Administrator on good cause shown.

4. Hearing And Notice. The Board of Zoning Appeals shall select a reasonable time and

place for the hearing of the appeal. Public notice of the time, place, date, and subject of

such hearing shall be published once in the official County newspaper at least twenty (20)

days prior to the date of the hearing. A copy of such notice shall be mailed by first class

mail by the Board of Zoning Appeals to each party in interest and to the Planning

Commission; and if action directly affecting specific property in the subject of the appeal,

then to owners of all property within one thousand (1000’) feet of the boundaries thereof.

The Board of Zoning Appeals may give such additional notice as it may from time to

time by rule provide. Any party in interest may appear and be heard at the hearing in

person, by agent, or by attorney.

28.050 DECISION OF APPEALS. The Board of Zoning Appeals may affirm or

reverse, wholly or partly, or may modify the order, requirement, decision, or

determination appealed from, and may make such order, requirement, decision or determination

as ought to be made, and to that end shall have all the powers of the zoning administrator and

may issue or direct the issuance of a permit. The concurring vote of two (2) members of the

Board shall be necessary to reverse any order, requirement, decision, or determination of the

Building Inspector or Zoning Administrator, or to decide in favor of the applicant upon any

matter which it is required to pass under any such ordinance, or to effect any variation in such

ordinance. Upon the hearing, any party may appear in person, by agent, or by attorney.

28.060 FEES. Fees for all variance requests shall be Two-Hundred Fifty ($250.00)

Dollars. The conditional use fee shall be Two-Hundred fifty ($250.00) Dollars. Fees shall be

paid to the Secretary of the Board when the Notice of Appeal is filed.

28.070 APPLICATIONS. Applications to the Board of Zoning Appeals shall be on

forms furnished by the Planning and Community Development Department of the City. All

conditional use permits shall be valid for one (1) year from the date it was approved by the Board

of Zoning Appeals; if project has not been substantially completed within one (1) year of

approval, the conditional use permit shall expire.

28.080 JUDICIAL APPEAL. Any person or persons jointly or severally aggrieved by

any decision of the Board of Zoning Appeals or of any officer, department, board or bureau of

Finney County may bring an action in the District Court having jurisdiction in Finney County, to

determine the reasonableness of any such order or determination. Provided, any action brought in

the District Court shall be within thirty (30) days after the filing of the decision in the office of

the Board of Zoning Appeals.

ARTICLE 29

VARIANCES AND EXCEPTIONS TO THE DISTRICT REGULATIONS

SECTIONS:

29.010 Variance - Procedure

29.020 Allowable Variance

29.030 Written Findings

29.040 Exceptions - Procedure

29.050 Consideration Of A Conditional Use

29.060 Permitted Conditional Uses

29.070 Performance Bond Required

29.010 VARIANCE - PROCEDURE. The Board of Zoning Appeals may authorize,

upon appeal, such variances from the terms of this Zoning Regulation as will not be contrary to

the public interest, where owing to special conditions the literal enforcement of the provisions of

this Zoning Regulation will result in unnecessary hardship; provided, that the spirit of the

regulation be observed and substantial justice done. Before any variance may be authorized

however, it shall be shown that:

(A) The variance requested arises from such condition which is unique to the property in

question and which is not ordinarily found in the same zoning district, and is not created

by an action or actions of the property owner or the applicant.

(B) The granting of the variance will not adversely affect the rights of adjacent property

owners or residents.

(C) The strict application of the provisions of these regulations from which a variance is

requested will constitute unnecessary hardship upon the property owner represented in

the application.

(D) The variance desired will not adversely affect the public health, safety, morals, order,

convenience, prosperity, or general welfare.

(E) Granting the variance desired will not be opposed to the general spirit and intent of these

regulations.

29.020 ALLOWABLE VARIANCES. Variances shall include yard and height

regulations only and are limited to the following:

1. A yard regulation variance shall not encroach upon the required setback for

adjacent buildings.

MEMORANDUMTO: County CommissionTHRU: Robert Reece, County AdministratorFROM: Robert Reece, County Administrator DATE: September 7, 2021RE: Resolution 13-2021 - Concluding Severe Weather Emergency Resolution 02-

2021

DISCUSSION:The Board is asked to conclude the declaration of emergency that was declared on March 1, 2021due to extreme cold weather conditions.

BACKGROUND:On March 1, 2021, the Board of County Commissioners adopted Resolution 02-2021 declaring astate of local emergency in Finney County, Kansas, resulting in the potential of additional and orexcessive utility cost due to extreme cold weather conditions. Said conditions have since passed, and the possibility of financial assistance has since passed.

RECOMMENDATION:Adopt Resolution 13-2021, concluding the declaration of emergency declared on March 1, 2021via Resolution 02-2021.

ATTACHMENTS:DescriptionResolution 13-2021

RESOLUTION 13-2021

A RESOLUTION CONCLUDING SEVERE WEATHER EMERGENCY RESOLUTION 02-2021

WHEREAS, on March 1, 2021, the Board of County Commissioners of Finney

County, Kansas declared there was a state of local emergency in Finney County, Kansas, resulting in the potential of additional and or excessive utility cost due to extreme cold weather conditions in Finney County, Kansas; and

WHEREAS, such conditions have since passed; and

WHEREAS, and known financial assistance has since passed.

NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Finney County, Kansas:

That a state of recovery and financial assistance no longer exists for Finney County, Kansas with this event.

That the Board of County Commissioners of Finney County, Kansas terminate resolution 02-2021.

BE IT SO RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FINNEY COUNTY, KANSAS THIS 16TH DAY OF AUGUST.

_________________________________

Dave Jones, Chairman

_________________________________ Lon E. Pishny, Commissioner

_________________________________

William S. Clifford, Commissioner

_________________________________ Larry C. Jones, Commissioner

ATTEST:________________________ _________________________________

Dori J. Munyan,County Clerk Duane Drees, Commissioner

MEMORANDUMTO: County CommissionTHRU: FROM: Steve Green DATE: September 7, 2021RE: LEPC (Local Emergency Planning Committee) Bylaws

DISCUSSION:Briefing over the LEPC (Local Emergency Planning Committee)

BACKGROUND:n/a

ALTERNATIVES:n/a

RECOMMENDATION:Signature needed by CHAIRMAN, COUNTY COMMISSIONERS

FISCAL And/Or POLICY IMPACT:n/a

ATTACHMENTS:DescriptionBYLAWS OF THE FINNEY COUNTY LOCAL EMERGENCY PLANNING COMMITTEE

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BYLAWS

OF

THE FINNEY COUNTY LOCAL EMERGENCY PLANNING COMMITTEE

ARTICLE I

NAME AND PURPOSE

Section 1. Name. The name of this organization shall be the Finney County Local Emergency

Planning Committee, hereinafter referred to as the “LEPC”.

Section 2. Purpose. The purpose of the LEPC are those set out in SARA Title III/EPCRA and any

other lawful purposes which are assigned to it or permitted by the County, Tribe or District

Commissioners, and/or the Commission on Emergency Planning and Response (CEPR), which is

formerly known as the State Emergency Response Commission (SERC) in Kansas. In keeping

with the intent of the SARA Title III/EPCRA regulations, all activities of the Committee will be

conducted in a manner encouraging input and participation from all segments of the community.

The LEPC will develop an all-hazards emergency response and preparedness plan for the planning

district and establish procedures for conducting its public information and education

responsibilities. The plan shall be reviewed and updated as necessary on a regular annual basis, in

accordance with Section 303 of SARA Title III.

The LEPC shall, in addition:

1. Receive and process requests for information from the public.

2. Notify the public of all LEPC meetings or activities.

3. With the information and reports from facilities operating within the jurisdiction of

the LEPC, and analysis of the district’s transportation risks, the LEPC will perform

an all-hazards analysis.

4. Establish and maintain a database of hazardous chemical locations and quantities

in the district.

5. Establish and maintain a system of data management.

6. Maintain information on ALL facilities that manufacture, or store, Extremely

Hazardous Substances (EHS), and include this information within the emergency

response and preparedness plan.

The LEPC will establish, and notify the public that all meetings, including sub-committee and ad

hoc committee meetings, are open to the public. The LEPC will implement such other and related

activities as may hereafter be legally required by the federal government, the Commission on

Emergency Planning and Response (CEPR), or the county council. The LEPC will make

assessments of resources necessary to implement the emergency operations plan, and make

recommendations to appropriate people, agencies, and organizations regarding additional

resources needed to implement the plan. The LEPC shall be instrumental in fulfilling the purpose

of the Community Right-to-Know laws to increase the protection of the community from exposure

to chemicals produced, used, stored, and/or transported within the planning district. Transportation

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hazards analysis will include those risks to the district from commercial transportation by rail,

highway, aircraft and waters of commerce.

ARTICLE II

MEMBERSHIP

Membership will at all times include, at a minimum, representatives of the groups listed in Section

301 of SARA Title III. This includes equal representation of elected state and local officials, law

enforcement, emergency management, firefighting personnel, first aid/EMS personnel, health

personnel, local environmental personnel, hospital personnel, transportation personnel, broadcast

and print media personnel, community groups, utilities and owners or operators of local facilities.

Membership updates will be provided to the CEPR on an annual basis or whenever there is a

change in membership.

Section 1. Qualification. The organization shall consist of those members nominated by the

current Finney County LEPC membership and approved by the CEPR for membership in this

body. Those people’s names shall represent the various professional and community groups as

designated by EPCRA. Members of the LEPC shall be residents or conduct business in the

jurisdictional area of the LEPC.

Section 2. Officers. Officers shall be elected to conduct meetings, appoint subcommittees, keep

minutes, and to otherwise accomplish the work of the committee.

Section 3. Terms of Office. The membership of the LEPC, once established, will be for a period

of two years. Members may be selected to succeed themselves or to move to other positions on

the LEPC. No term limits are established for this jurisdiction. The term of office shall be provided

in Article III, Section 2.

Section 4. Inactive Members. Appointed members shall be considered inactive when they have

missed more than three (3) consecutive Committee meetings without notification to the Committee

Chair or staff office of significant reasons why they were unable to attend meetings. The annual

report listing members declared inactive will be provided to the County Commissioners and the

CEPR.

Section 5. Vacancies. Any vacancy occurring in the LEPC by reason of the resignation, death or

disqualification of a member will be filled by appointment in accordance with Article II, Section

1. The Executive Committee may make suggestions for candidates to fill vacant positions to the

County Commissioners who will then make the recommendation to the CEPR for approval.

Section 6. Duties. The LEPC shall assist established emergency planning offices within the

county with planning emergency response and public information as directed by laws.

Section 7. Meetings. The LEPC shall meet quarterly. The Chairperson may call special meetings

of the LEPC at such time and place as the Chairperson may determine. The Chairperson must call

a special meeting of the LEPC upon the written request of five (5) members. The special

committees shall meet as the work under their groupings proceeds.

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Section 8. Quorum. For the purposes of Standing Committee meetings, the presence of 2/3 of the

members shall constitute a quorum for the transaction of business.

Section 9. Agenda. Any member may request that the Chairperson place an item on the meeting

agenda. If the chairperson should decline to do so, a member may have such item placed on the

agenda by submitting it in writing to the Chairperson with support signatures of five (5) members

of the Committee.

Section 10. Rules of Order. The deliberations of all meetings of the LEPC and its subcommittees

shall be governed by Robert’s Rules of Order, Newly Revised.

Section 11. Notice of Meetings. An annual notice of the regular meeting schedule of the LEPC

shall be in a publication of print or social media or the Finney County website in accordance with

SARA Title III (EPCRA). This notice shall specify the meeting designated specifically for the

receipt of public comments on the emergency plan.

ARTICLE III

OFFICERS

The Officers of the LEPC shall be a Chairperson, Vice-Chairperson, and a Secretary-Treasurer

who shall be elected by the committee as a whole in a manner herein provided. All officers shall

be members of the LEPC.

Section 1. Nomination and Election of Officers. Prior to the expiration of the officer’s term of

service, nomination and election of officers shall occur. Nominations will be accepted from the

floor for the positions of Chairperson, Vice-Chairperson, and Secretary-Treasurer. The election

shall be by ballot, except that when there is only one nomination for each office, election may be

by voice vote. These officers shall be selected by the majority of the members of the LEPC present

and voting at the meeting.

Section 2. Term of Office. The term of the officers elected at the organizational meeting shall

expire two (2) years from the December meeting every odd year. Thereafter, the term of the

officers shall be for a period of two (2) years.

Section 3. Chairperson. The Chairperson shall preside at all meetings of the LEPC; shall serve

as ex officio member of all committees; and shall perform such duties and acts as necessary to

accomplish the goals of the LEPC. The Chairperson shall be empowered to create such other ad

hoc committees as necessary to accomplish the goals of the LEPC.

Section 4. Vice-Chairperson. Upon resignation or death or in the absence of the Chairperson, the

Vice-Chairperson shall perform the duties of the Chairperson. The Vice-Chairperson shall perform

such other duties as may be assigned by the Chairperson.

Section 5. Secretary-Treasurer. The Secretary-Treasurer in cooperation with the Information

Coordinator shall be the custodian of all books, papers, documents and other property of the LEPC.

The Secretary-Treasurer shall keep a true record of the proceedings of all meetings of the LEPC.

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Additionally, the Secretary-Treasurer in conjunction with the Information Coordinator shall attend

to the business needs of the LEPC and shall maintain an accurate record of all monies received

and expended for the use of the LEPC. This position shall be filled by the Coordinator of Finney

County Emergency Management.

Section 6. Information Coordinator. The LEPC will appoint an Information Coordinator. The

Coordinator shall process requests from the public for information under Section 324 (Right-to-

Know), including Tier II information under Section 312. Additionally, the Coordinator shall assist

the Secretary-Treasurer in records management and financial matters. This position shall be filled

by the Coordinator of Finney County Emergency Management in his/her absence the Assistant

Coordinator will fill this position.

ARTICLE IV

SUBCOMMITTEES

Although subcommittees are not required, dividing the work among them can facilitate planning

and data management. These committees will be managed by the County Emergency Management

Coordinator or his or her designee and, at his/her discretion, can assign other members to assist.

Section 1. Executive Committee. The Executive Committee will consist of the Chairperson, Vice-

Chairperson, Secretary-Treasurer, and Chairpersons of the four standing committees as described

in Section 2. The Information Coordinator shall serve as a non-voting member of this committee.

The duties of the Executive Committee shall be to coordinate activities of the Standing and Ad-

Hoc Committees.

Section 2. Standing Committees. The following Standing Committees shall be established and

managed by the Finney County Emergency Management Coordinator or his or her designee:

A. Right-to-Know Committee. This Committee shall be responsible for the formulation of all

policies and procedures concerning the public’s right-to-know program; the formulation of

all chemical release reporting procedures; the establishment of trade secret protection

procedures; and the formulation of all record keeping and information dissemination

procedures for the LEPC.

B. Public Education and Information Committee. This Committee shall be responsible for

reviewing the public alert and notification program; public relations with affected

communities and public at large; all publicity of the LEPC; development of public

education and information program.

C. Hazardous Materials Facilities Liaison Committee. This Committee shall be responsible

for procedures for identification and communication with affected facilities. This

Committee shall work with the Emergency Response and Resources Committee and with

affected facilities to review and help the local emergency management office(s) test a

hazardous substance emergency response plan for the planning district as required by law.

D. Emergency Response and Resources Committee. This Committee will work with the

Hazardous Facilities Liaison Committee and with existing emergency response

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organizations in jurisdictions within the planning district to review and help the local

emergency management office(s) test emergency response plans for the planning district

as required by law. This Committee shall review existing federal, state and local plans for

the purpose of coordination with the LEPC planning process.

Section 3. Meetings. Meetings of the Standing and Ad Hoc Committees may be called by the

Chairperson of the LEPC or the Finney County Emergency Management Coordinator as deemed

necessary.

Section 4. Chairperson of the Standing Committees. The Chairperson of the Standing

Committees shall be the Finney County Emergency Management Coordinator or his or her

designee.

Section 5. Membership of Standing Committees. All members must volunteer to serve on at

least one Standing Committee and shall not serve on more than two Standing Committees. Final

Membership of the Standing Committees shall be determined by the Chairperson after consultation

with the Executive Committee to ensure that all Committees have sufficient manpower to carry

out their assigned tasks.

Section 6. Ad Hoc Committees. The Chairperson may create Ad Hoc Committees as necessary

to perform the functions of the LEPC. Chairpersons of Ad Hoc Committees shall be appointed by

the Chairperson of the LEPC.

ARTICLE V

MISCELLANEOUS PROVISIONS

Section 1. Fiscal Year. The fiscal year shall be considered to run from January 1 to December

31.

Section 2. Indebtedness. All indebtedness incurred by the LEPC shall be approved by the

Chairperson before payment by the Secretary-Treasurer.

Section 3. Approval of By-Laws. These by-laws shall become effective upon approval by a

majority of those in attendance at the organization meeting.

Section 4. Disqualification. Any member who is unable to attend a meeting of the LEPC may

notify the Secretary-Treasurer or Information Coordinator. Any member with three (3) or more

absences is subject to disqualification at the request of the LEPC to the county council and the

CEPR.

ARTICLE VI

AMENDMENTS

Section 1. Amendments. These by-laws may be amended by a two-thirds vote of members present

and voting at any meeting of the LEPC provided that any amendments to these by-laws be

submitted to the members in writing at least one week in advance of the meeting. Any member of

the LEPC shall have the right to comment on or suggest revision to the by-laws.

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ARTICLE VII

RULES

EPCRA requires that the LEPC “shall establish rules by which the committee shall function. Such

rules shall include provisions for public notification of committee activities, public meetings to

discuss the emergency plan, public comments, response to such comments by the committee, and

distribution of the emergency plan.” The final rules are attached to these by-laws.

Section 1. Adoption of Rule; Publication of Proposals. The LEPC may, as necessary and proper,

adopt rules of general application governing the execution of responsibilities under EPCRA and

related applicable regulations. Such rules must first be published in proposed form not less than

10 days prior to final adoption by the LEPC. Proposed rules are subject to public comment during

the 10-day period. The LEPC Information Coordinator is encouraged, but not required, to mail

notices of the proposed rule-making to interested local government officials, industries, and

citizens.

Section 2. Method of Initiating proposed Rule-Making. Any member of the LEPC may

recommend the initiation of proposed rule-making. Any proposed rules shall initially be

considered by the Executive Committee, unless otherwise decided by the LEPC. If the Executive

Committee, by majority vote approves the proposed rule, it shall thereafter proceed to publication

as provided in the preceding section.

Section 3. Method of Adopting Final Rules. Following the expiration of the 10-day comment

period, the Executive Committee shall review all public comments and prepare a statement that

responds to comments and discusses the basis for any appropriate changes to the proposal. The

Executive Committee shall present such statement to the LEPC. The LEPC shall then vote on the

adoption of the proposed rule. If the vote is favorable, the rule shall take effect immediately upon

the time and date the notice of adoption is first published.

Section 4. Notice of Adoption. Upon adoption of any rule by the LEPC, the Information

Coordinator shall also publish the LEPC’s response to comments received and any changes to the

proposal made in response to such comments. Publication of the final rule shall be in the same

manner as that for the proposed rule.

Section 5. Emergency Rules. In emergency circumstances, the LEPC may adopt rules without

prior public notice and comment, provided that no such rule will remain in effect for more than 90

days.

FINAL RULES

Definitions

Unless otherwise stated, all terms herein shall be defined in accordance with the definitions

provided in the Title III of the Superfund Amendments and Reauthorization Act of 1986, PL

99-499, (the “Act”) and regulations adopted in accordance therewith.

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Public Notification and General Participation

A. All meetings of the LEPC or any subcommittee thereof shall be open to the public, except

under circumstances where the TOMA permits otherwise. The Chairperson shall afford

a reasonable period of time at the beginnings of each regular monthly meeting to accept

oral public comments on any aspect of the LEPCs mission or functions.

B. Not less than once each calendar year, the LEPC shall publish, through print or electronic

means, in Finney County a notice that written public comment is invited during a thirty-

day period on any aspect of the LEPCs organization, membership, functions, planning

process or purpose. Such notice shall comply in all respects with Section 324(b) of the

Act and present a brief explanation of the LEPCs statutory purpose, the location of LEPC

minutes and other records, and the name and address of the person designated to receive

written comments.

The LEPC shall review all comments received and shall publish, in the manner

described in subsection A of this section, responses to major issues raised in such

public comments. Nothing herein shall require the LEPC to response to each and every

comment received.

LEPC Participation in the Planning Process

A. The Kansas Emergency Management Act, as amended, requires each local and inter-

jurisdictional agency to prepare and keep current an emergency management plan for its

area.

Public Access to Information

A. In accordance with Section 324 of the Act, all information obtained from an owner or

operator pursuant to EPCRA and any requested Tier II form or the Material Safety Data

Sheet (SDS) otherwise in possession of the Committee shall be made available to the

person submitting the request under this section, provided upon request of the owner or

operator, the Committee shall withhold from disclosure the location of any specific

chemical identified in the Tier II form.

B. All information requested to be photocopied by any member of the public, shall be

provided at the sole expense of such persons. The cost of such photocopying shall be set

from time to time by the Information Coordinator, with the approval of the Executive

Committee, at a level, which will enable the LEPC to recover all reasonable expenses

associated with processing the request.

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Copies of the LEPC bylaws, proposed rules or rules shall be provided at no charge to the

public, although the Information Coordinator is authorized to recover reasonable

expenses for photocopying in the case of requests for multiple copies made by any single

individual or entity.

C. Request for MSDS and Other Non-Confidential Information

1. Any person may obtain an MSDS with respect to a specific facility by

submitting a written request to the Committee’s Information Coordinator.

2. Any person may obtain any other non-confidential information in the

possession of the Committee by submitting a written request to the Committee’s

Information Coordinator.

3. If the Committee does not have in its possession the MSDS or other information

requested in subsections C1 or C2 of this section, it shall request a submission

of the MSDS from the owner or operator of the facility that is the subject of the

request. The Committee will only make requests to specific facilities for

information, which it is required to maintain or collect pursuant to applicable

law.

D. Requests for Tier II Information

1. Any person may request Tier II information with respect to a specific facility

by submitting a written request to the Committee in accordance with the

requirements of this section.

2. If the Committee does not have in its possession the Tier II information

requested in subsection D1 of this section, it shall request a submission of the

Tier II form from the owner or operator of the facility that is the subject of the

request, provided that the request is from a state or local official acting in his or

her official capacity or the request is limited to hazardous chemicals stored at

the facility in an amount in excess threshold planning quantities.

3. If the request under subsection D1 of this section does not meet the

requirements of subsection D2 of this section, the Committee may request

submission of the Tier II form from the owner or operator of the facility that is

the subject of the request if the request under subsection D1 of this section

includes a general statement of need.

E. Trade Secrets. Except as provided in this section, all information submitted to the LEPC

by facilities pursuant to EPCRA shall be public information. Other than a claim

designated in this section, the LEPC will not honor any business confidentially or trade

secret claims. Pursuant to Section 312 and Section 214(a) of the Act, the location of

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specific chemicals requested to be submitted with Tier II information shall be maintained

as confidential by the LEPC provided that a claim of confidentiality is submitted with

the information and satisfies all applicable requirements for such claims under EPCRA

and any regulations promulgated pursuant to the same. Such information shall be exempt

from disclosure by the LEPC permanently or until such time as:

1. An authorized governmental agency, and if applicable, a court or competent

jurisdiction makes a final determination following any appeals, that such

information not subject to a valid claim of business confidentiality or trade

secret; and

2. The LEPC receives a written notice of such determination.

THIS DOCUMENTS THE CONSTITUTION AND BY-LAWS OF FINNEY COUNTY

LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) ADOPTED AT THE

REGULAR MEETING OF THE LEPC ON THIS THE 10TH DAY OF NOVEMBER, IN

THE YEAR 2020.

Darcy K. Golliher

LEPC CHAIRPERSON (PRINTED)

LEPC CHAIRPERSON (SIGNATURE) DATE

Dave Jones

CHAIRMAN, COUNTY COMMISSIONERS

(PRINTED)

CHAIRMAN, COUNTY COMMISSIONERS DATE

(SIGNATURE)

MEMORANDUMTO: County CommissionTHRU: FROM: Robert Reece, County Administrator DATE: September 7, 2021RE: Health Department Medical Director Agreement

DISCUSSION:Proposed Agreement for Medical Director for Health Department

RECOMMENDATION:Authorize the Chair to sign the agreement between Finney County Health Department and Dr.Michael Jackson.

ATTACHMENTS:DescriptionMedical Director Agreement

r.· •• F INNEY COUNTY

KANSAS

COUNTY HEALTH DEPARTMENT

Medical Director Consultation and Services

T. (620) 272-3600 F. (620) 272-3606

This agreement is made and entered into between the Finney County Health Department,

hereinafter referred to as the "FCHD" and Michael Jackson, MD, hereafter referred to as "Consultant".

This agreement shall commence September, 1, 2021 and continue on a month by month basis .

Whereas, the FCHD will contract with the Consultant to serve as a Medical Director to direct the

FCHD Administrator and clinical staff on program and related medical and professional matters

per K.S.A. 65-201. It is mutually agreed between these two parties that:

The Consultant shall :

1. Serve as the Medical Director for the all services provided through the Public Health

Clinic which includes directing Health Department Administration and staff on program

and related medical/professional matters.

2. Review patient records once a quarter or more frequently as requested by the Clinic

Nursing Supervisor/ Administrator.

3. Serve in an advisory capacity to the Finney County Board of Health .

4. Provide medical consultation to the FCHD Administrator, Nursing Supervisor or designees responding to requests within 24 hours of email, text, telephone call by staff.

5. Oversee medical services and establish standing orders, policies and procedures at

Juvenile Detention Center and Finney County Jail. Provide consultation to Health

Department staff concerning medical care for patients in both facilities . 6. Attend quarterly meetings with FCHD Administrator and designated staff.

7. Review and provide standing orders for the Public Health Clinic and grant programs in

coordination with grant provided manuals.

8. Provide a copy of Certificate of Insurance annually to the FCHD Administration and

County Clerk.

Health Department 919 Zerr Rd.

www.finneycounty.org Garden City, Kansas 67846

Collaboration I Customer Service I Integrity I Resourcefulness I Stewardship

The FCHD shall:

1. Compensate the Provider the following: a. $825 per month for consultation and services. b. Schedule quarterly meetings with the Medical Director. c. Include the Medical Director on all correspondence relevant to disease

investigation, public health emergencies, community health, or pertaining to the actions by the Local Health Officer.

Disclaimer of Liability:

1. The Provider will not be considered an employee of Finney County. Finney County shall not be responsible for withholding of social security, federal, and/or state income tax, or unemployment compensation from payments made by the county. The Provider shall receive no county employee benefits and will adhere to Finney County policy as is

relevant to independent contractors. 2. The FCHD is not liable for the services or consequences of services provided by the

Medical Director. The Medical Director shall hold the FCHD harmless or indemnify it against any and every liability arising out of services provided by the Medical Director

under this agreement. The FCHD shall not be responsible for payment of attorney fees incurred by the Medical Director or patients served under this agreement.

Arbitration· and Damages:

Notwithstanding any language to the contrary, no interpretation of this agreement shall be allowed to find the FCHD has agreed to binding arbitration or the payment of damages or penalties upon the occurrence of any event.

Insurance - License:

The Medical Director shall have a malpractice insurance policy with limits not less than those prescribed in K.S.A. 40-3402 and will meet all requirements to practice medicine in the State of Kansas, including all appropriate licensure.

Renewal The terms of this agreement will automatically renew month by month unless either party provides written notice to terminate according to stipulations outline below.

Termination:

Either party may terminate this agreement at any time upon giving written notice specifying that this agreement shall terminate on a specific date - with at least a 60 day notice.

Health Department 919 Zerr Rd.

www.finneycounty.org Garden City, Kansas 67846

Collaboration I Customer Service I Integrity I Resourcefulness I Stewardship

CONSULTANT:

Signed this 7th day of September, 2021

BOARD OF COUNTY COMMISSIONERS FINNEY COUNTY, KANSAS

By M~ ---------D-a_v_e_J_o_n-es_,_C_h_a_inn_an

ATTEST: Dori J. Munyan, County Clerk

Deynalina Ontiveros,

Finney County Interim Health Department Administrator

Health Department 919 Zerr Rd.

www.finneycounty.org Garden City, Kansas 67846

Collaboration I Customer Service I Integrity I Resourcefulness I Stewardship

MEMORANDUMTO: County CommissionTHRU: Robert ReeceFROM: Larry Brungardt DATE: September 7, 2021RE: 2021 Bottom Dump Gravel Trailer

DISCUSSION:Public Works opened bids on August 24th for one trailer. We received bids from three vendors.Irwin Trailer Co. $37,245 8 WeeksTruck Town Colby Ks. $39,050 In stockBruckner's $46,255 October, 2021

BACKGROUND:Public works is replacing a 2002 Northcutt Gravel trailer with 519,000 milestracked on our daily sheets.

ALTERNATIVES:Irwin Trailer Co. $37,245 8 WeeksTruck Town Colby Ks. $39,050 In stockBruckner's $46,255 October, 2021

RECOMMENDATION:2022 Armor lite trailer sold by Irwin Trailer Co. recommended by Shop supervisor based onmeeting minimum specs. and low bid.

FISCAL And/Or POLICY IMPACT:The cost of the trailer that was included in the 2021 Public Works Budget.

ATTACHMENTS:DescriptionBid tab sheet

FINNEY COUNTY DEPARTMENT OF PUBLIC WORKS

BID TABULATION SHEET

BOTTOM DUMP GRAVEL TRAILER BID August 24, 2021

10:45 A.M.

BIDDER BID DELIVERY

Northcutt Trailer Sales

NO BID

Wilson Trailer Sales 2730 E Trail St Dodge City, KS 67801

NO BID

Truck Town Colby, KS

$39,050 Includes tarp

In Stock

Truck Center 1502 Minneola Rd

Dodge City, KS 67801

NO BID

Irwin Trailer Co, LLC PO Box 130 Meeker, OK 74855

$34,745 w/tarp $37,245

8 weeks

Bruckner’s PO Box 659 Hays, KS 67601

$46,255 Includes tarp

October 2021

MEMORANDUMTO: County CommissionTHRU: Robert ReeceFROM: Larry Brungardt DATE: September 7, 2021RE: 2021 Semi Truck Bid

DISCUSSION:Public Works opened bids on August 24th at 10:30 A.M. We received bids from two vendors.Dodge City International $119,965.85Peterbilt $137,425.00

BACKGROUND:Finney County Public Works is replacing a Western Star truck sold in 2018 due to mechanicalissues.

ALTERNATIVES:International HX 520 $119,965.85 175 Days from order datePeterbilt 389 $137,425.00 Late spring early/ early summer 2022

RECOMMENDATION:Accept the low bid from Dodge City International for the International HX 520.

FISCAL And/Or POLICY IMPACT:$119,965.85 as budgeted in the Road and Bridge 2021 budget.

ATTACHMENTS:DescriptionSemi Bid tab sheet

FINNEY COUNTY DEPARTMENT OF PUBLIC WORKS

BID TABULATION SHEET

SEMI TRUCK BID August 24, 2021

10:30 a.m.

BIDDER BIDS DELIVERY

Dodge City International 301 W Mary St Garden City, KS 67846

$119,965.85 175 Days 02/15/2022

Bruckner’s 2509 N Taylor Ave Garden City, KS 67846

NO BID

Truck Center 1502 Minneola Rd Dodge City, KS 67801

NO BID

Peterbilt 3255 Buffalo Jones Ave Garden City, KS 67846

$137,425 Late Spring/Early Summer 2022

Dodge City Kenworth 2830 E Trail St Dodge City, KS 67801

NO BID

MEMORANDUMTO: County CommissionTHRU: Robert ReeceFROM: Larry Brungardt DATE: September 7, 2021RE: 2021 Crack Seal Bid

DISCUSSION:Finney County Public Works opened bids for the 2021 Crack sealing project. The county will be sealing approximately 40 miles of Asphalt roads this fall.Sealed bid requests were sent to three contractors.B&H Paving $124,200.00Heft & Sons LLC No BidApac Kansas Inc. No Bid

BACKGROUND:The county began contracting crack seal projects in 2020 due to smaller work force.

ALTERNATIVES:Approve B&H Paving Bid

RECOMMENDATION:Approve B&H Paving Only bid receivedGood working relationship in past sealing and crack sealing projects

FISCAL And/Or POLICY IMPACT:A fiscal impact of $124,200 is budgeted in the 2021 Road and Bridge budget. $1.38lb x 90,000lbs Unit bid price.

ATTACHMENTS:Description2021 Crack seal project

FINNEY COUNTY DEPARTMENT OF PUBLIC WORKS

BID TABULATION SHEET

Crack Sealing Project Bids August 26, 2021

10:00 a.m.

BIDDER

B & H Paving $124,200

Heft & Sons NO BID

APAC NO BID

MEMORANDUMTO: County CommissionTHRU: Robert ReeceFROM: Larry Brungardt DATE: September 7, 2021RE: 2021 Pickup Bids

DISCUSSION:Finney County public works opened bids for 2 Super cab 3/4 Ton Pickups & 1 Crew cab 3/4 TonPickup. We received two bids from. Burtis Motor Co. (bid later retracted) Shawnee Mission Ford

BACKGROUND:We will be replacing a pickup from each of the following departments; Sign, Utility and R&B. Thesepickups are high in mileage and have been having mechanical issues.

ALTERNATIVES:1. Order from Shawnee Mission Ford2. Resend bids

RECOMMENDATION:Our recommendation is to accept the bid from Shawnee Mission Ford for a total of $97,447.00 toinclude wo Super Cab 3/4 ton trucks at $31,960.00 each and one Crew Cab 3/4 ton truck at$33,527.

FISCAL And/Or POLICY IMPACT:A total fiscal impact of $97,447.00. This is currently budgeted in the 2021 Road and BridgeBudget.

ATTACHMENTS:Description2021 Pickup Bids

MEMORANDUMTO: County CommissionTHRU: FROM: Robert Reece, County Administrator DATE: September 7, 2021RE: Kansas Association of Counties - Designation of Voting Delegate

DISCUSSION:The 46th Annual Kansas Association of Counties Conference & Exhibition will be held Monday-Wednesday, October 18-20, 2021, at the Sheraton Overland Park Convention Center in OverlandPark, Kansas. The business meeting for the Association, at which time all official business isconducted, will start at 7:30 a.m., Tuesday morning, October 19, 2021. A voting delegate must be designated no later than Monday, October 4, 2021.

BACKGROUND:The Bylaws of the Kansas Association of Counties provide that the county voting delegate beselected and certified in the following manner:

"Each member county shall be allowed one vote, which shall be cast by a chosendelegate designated for the county. Any county elected or appointed official may beselected as the county’s voting delegate. The member county shall also appoint twoalternates, specifying the order of such alternates, should the voting delegate beunavailable to attend the meeting. Delegates and alternates shall be certified to the KACat least seven days before the meeting."

RECOMMENDATION:Designate a delegate and an alternate to vote on the Kansas Association of Counties Bylawsproposed revisions and the Legislative Policy for 2022.

ATTACHMENTS:DescriptionVoting Delegate Form

CERTIFICATION OF VOTING DELEGATE Kansas Association of Counties

46th Annual Conference & Exhibition

Purpose: The Bylaws of the Kansas Association of Counties provide that the county voting delegate be selected and certified in the following manner: "Each member county shall be allowed one vote, which shall be cast by a chosen delegate designated for the county. Any county elected or appointed official may be selected as the county’s voting delegate. The member county shall also appoint two alternates, specifying the order of such alternates, should the voting delegate be unavailable to attend the meeting. Delegates and alternates shall be certified to the KAC at least seven days before the meeting."

Please complete this form and return it at your earliest convenience to: Kansas Association of Counties 715 SW 10th Ave. Topeka, KS 66612 If you have any questions please contact: Betty Oliva [email protected] 785.272.2585

For voting delegates to be certified, your response (and/or any changes or alterations to this form) must be received no later than Monday, October 4, 2021. Date:____________________________, 2021 I, __________________________________________________________, County Clerk of

________________________________ County do hereby certify that the following officers have been designated

as the voting delegate and alternates for the KAC 46th Annual Conference & Exhibition.

Delegate__________________________________________ Position_______________________________

1st Alternate_______________________________________ Position_______________________________

2nd Alternate_______________________________________ Position_______________________________

Signed: __________________________________ County Clerk

MEMORANDUMTO: County CommissionTHRU: FROM: DATE: September 7, 2021RE: County Counselor Report

DISCUSSION:County Counselor Linda Lobmeyer will discuss recent engagements and activities.

RECOMMENDATION:N/A

MEMORANDUMTO: County CommissionTHRU: FROM: DATE: September 7, 2021RE: County Administrator Report

DISCUSSION:County Administrator Robert Reece will discuss recent engagements and activities.

RECOMMENDATION:N/A

MEMORANDUMTO: County CommissionTHRU: FROM: DATE: September 7, 2021RE: Commissioner Reports

DISCUSSION:Discussion of recent engagements and activities from members of the Board:

Chairman Dave JonesCommissioner Lon PishnyCommissioner Larry JonesCommissioner William CliffordCommissioner Duane Drees

RECOMMENDATION:N/A

MEMORANDUMTO: County CommissionTHRU: Dori J. Munyan, County ClerkFROM: Robert Reece, County Administrator DATE: September 7, 2021RE: Executive Session - Legal Consultation

DISCUSSION:Executive Session for consultation with an attorney for the public body or agency which would bedeemed privileged in the attorney-client relationship pursuant to K.S.A. 4319 (b) (4).

RECOMMENDATION:Recess into Executive Session to include County Administrator Robert Reece, County CounselorLinda Lobmeyer, and Human Resources Director Kelly Munyan.

MEMORANDUMTO: County CommissionTHRU: Dori J. Munyan, County ClerkFROM: Kelly Munyan, Director of Human Resources DATE: September 7, 2021RE: Executive Session - Non-Elected Personnel

DISCUSSION:Executive Session to discuss personnel matters of non-elected personnel pursuant to KSA 75-4319 (b) (1)

RECOMMENDATION:Recess into Executive Session for no more than 15 minutes to include County AdministratorRobert Reece

MEMORANDUMTO: County CommissionTHRU: Dori J. Munyan, County ClerkFROM: DATE: September 7, 2021RE: Next Commission Meetings - September 20 and October 4

DISCUSSION:Upcoming Meetings

Monday, September 20 at 8:30 AM (Regular Session)Monday, October 4 at 8:30 AM (Regular Session)

RECOMMENDATION:For Your Information