Journal of the Commissioners

 

2005, eightieTH MEETING

CRAWFORD COUNTY COURTHOUSE, COMMISSIONERS’ BOARD ROOM

Girard, KS. Friday October 28, 2005 at 10:00 AM

The Crawford County Board of Commissioners met pursuant to Kansas Statutes Annotated Chapter 19, Article 2, Section 18 in due and regular session with open doors.

Commissioner Anthony Pichler served as the presiding officer.

Commissioners Bob Kmiec and Tom Moody were present.

County Clerk R. J. Wilson, assisted by Deputy Clerk Don Pyle, and County Counselor Jim Emerson were present and seated with the Board.

Chairman Pichler led the Pledge of Allegiance.

UNDER THE HEADING BUSINESS FROM A PREVIOUS MEETING

CONSENT AGENDA

On motion (05-350) of Commissioner Moody and the second of Commissioner Kmiec that the consent agenda be approved including:

1.      Approval of the October 25, 2005 minutes of the Board of Commissioners’ meeting and

2.      Approval of the previous week’s vouchers.

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed and the consent agenda was approved.

 

SIGNING OF MOTIONS

The County Clerk presented the following motions for Commissioners’ signatures.

 

Motion 05	-348	That the consent agenda be approved including: Approval of the October 21, 2005 minutes
Motion 05	-349	To adopt Resolution 2005-163: A RESOLUTION SUPPORTING CRAWFORD COUNTY SHERIFF SANDY HORTON’S EFFORT TO AMEND KANSAS LAW REGARDING INMATE MEDICAL EXPENSES.

 

UNDER THE HEADING NEW BUSINESS

            SCHEDULED PUBLIC HEARINGS

             MESSAGES FROM ELECTED OFFICIALS

 

Item One: Sheriff Sandy Horton concerning a report on the Kansas Sheriff’s Association’s proposal of new Kansas law as it relates to inmate health care. On July 1, 2005 the Sheriff approached the board concerning a bill of over $90,000 to cover an inmate’s health care. Following the date the Joplin Globe and the Pittsburg Morning Sun did a story on the bill and the way the Board dealt with the bill. He mentioned that Mr. Harrison was quoted in the article and the Sheriff called Mr. Harrison’s Medicaid organization and he was referred to Mrs. Rita Dehara of Pueblo, Colorado, who was contacted by the Sheriff of Pueblo and eventually effected a law change requiring medical care providers to only charge counties the Medicaid rate which is $.35 cents on the dollar.

 

Mr. Horton went through the channels of the Kansas Sheriff’s Association and was appointed the chairman of a committee to deal with this issue. The Sheriff approached the attorney and lobbyist for the association and then presented their proposed legislation to the committee and then to the full board of the Sheriff’s Association.  Mr. Horton stated that the Sheriff’s Association is very excited about this bill. The Sheriff said he has been informed that the Governor’s office is interested in this. In Colorado the Hospital Association endorsed the legislation and the bill passed unanimously.

 

The Sheriff said that the Medicaid rate in Kansas ranges from $.17 to $.45 on the dollar with the average being around $.24 on the dollar. This bill would significantly reduce the amount of money the taxpayers of the county will have to pay for these inmates. He mentioned a bill for $90,679 bill from Mt. Carmel that would have shown an $68,000 savings from paying the Medicaid rate.  He also mentioned that a bill from St. John’s for $10,684 would have shown a savings of $8,000 and a bill from Crawford County Hospital District Number One that would have saved the taxpayers $3,226.

 

Mr. Horton stated that the Sheriff’s Association had unanimously endorsed this bill and that he fully expects the hospital association in Kansas to endorse this bill and if they do not he would like to know why. Sheriff Horton said that he is proud this idea started in Crawford County and he was proud when the Resolution from the Crawford County Commission was read in Junction City.

 

Mr. Pichler said that it was likely that millions could be saved across the state. The Sheriff said that $250,000 was paid at the Crawford County jail in 2004 and the county was up to $230,000 in medical bills for 2005 just last month.

 

The Sheriff mentioned that this idea could go further if it were to turn to pre-existing conditions for inmates and not requiring counties to turn to pre-existing conditions. Mr. Pichler asked that the bill be watched for amendments by the lobbyists. The Sheriff said that he is saying that a fair rate should be paid for inmate medical expense as opposed to paying a higher rate than anyone in the community. Mr. Horton said that his issue is not with the quality of care it is with having the same financial treatment as everyone else.

 

Mt. Carmel’s predicted Medicaid reimbursement is 13.2% and the Blue Cross and Blue Shield reimbursement rate is 13%. Those dollars would save the taxpayers of Crawford County several thousand dollars. The Sheriff said there is federal legislation to amend the Social Security Act which currently states that once you are incarcerated all Social Security Benefits end. He said he would encourage the Commissioners to approach federal legislators to amend the act to allow inmates in jail to retain their medical benefits. The other caveat of this bill would allow for insurance companies to still be billed for an individual who has private insurance.

 

Mr. Pichler mentioned that the Sheriff will be attending the Governor’s Conference on methamphetamine with the superintendent of the Highway Patrol. He said he will represent Crawford County well in Indianapolis. The Sheriff said he appreciates the endorsement of the Commission and he is excited for this opportunity.

 

The Sheriff said that the County Counselor has met with Mt. Carmel and they are reviewing the bills for the county. Mr. Emerson said that Mt. Carmel is reviewing thousands of previous bills and in two to three weeks it should be known where the bill will end up.

 

MESSAGES FROM APPOINTED OFFICIALS

MESSAGES FROM OTHER GOVERNMENTAL ENTITIES

MESSAGES FROM THE PUBLIC

 

Item One: Mrs. Linda Bitner and Mr. Eric Bitner concerning their road. Mr. Kmiec presented two different estimates for chip and seal and asphalt on the road. Mrs. Bitner said that the traffic count was inaccurate. Mr. Bitner said that if you put the traffic counter on a Saturday then the number would be higher. Mr. Kmiec said it is too late this year to do chip and seal. Mr. Bitner questioned how anyone could agree with these estimates. Mr. Moody suggested a counter for the road to see if the count is up significantly. Mr. Bitner said that is not the point but that this has always been a hard surface road and he took exception to placing a mile of asphalt on 200th street. Mr. Pichler said the road was chipped and sealed three times. He said it was put on the list in 2001. Mr. Pichler said the road needs to be ripped and based. He said 170th road has a base but the edges are not strong. He said what the road needs is to be ripped, place a base and let it settle before it is capped with asphalt or chip and seal. Mr. Pichler said that hardly any work was done in 2004 when the state cut the county’s money.  Mr. Kmiec was asked by Mrs. Bitner if the huge rock could be removed. Mr. Kmiec said that pugged AB3 was supposed to be placed on the road from the ticket. Mrs. Bitner received several calls from people around the county making accusations as to why other roads in the county were asphalted or chipped. Mr. Bitner said he appreciates that the county is trying to do something with the road. Mr. Pichler said that with three commissioners up here the commissioners are doing the best job they can and they have to set priorities. Mr. Moody said that there is a housing addition going in on the road on which the Bitner’s are making accusations toward him. Mr. Kmiec said he had calls saying that other people’s roads are as bad as or worse than 170th. Mr. Kmiec said it is important to make the dollar stretch. Mr. Kmiec said that he will go down himself and see what he can do about removing the rock. Mrs. Bitner asked when they can expect something. Mr. Kmiec said it will be July before the new budget is adopted. Mrs. Bitner suggested something about a reimbursement from the hospital as a way to fund the road. Mr. Bitner said he will go to the Humbles and the Westervelt’s to suggest that they no longer use the road to get to the farm land in that area. He will suggest they use the nice paved roads to get to their farms. Mrs. Bitner told Mr. Kmiec to put his little traffic counter back out there. Mr. Bitner asked that Mr. Kmiec personally go look at the rock and he said he would. Mr. Bitner stated that there are 7 homes and 1 business on this road and that it should be in better shape.  Mrs. Bitner stated that they would be back and that they were not stopping.

 

 

Item Two: Mr. John Childers, Fire Chief of District Four, approached the Commissioners. He presented an agreement between Fire District Four and John Cirillo for a building to store equipment at his home across Highway 47 across from the Girard Golf Course.   Mr. Childers stated that they had been trying for years to obtain a station in the east part of the fire district and this would help provide better protection and ISO ratings for the east part of the fire district.  Mr. Moody asked if the Counselor had seen this item. Mr. Emerson reported that he had not seen the agreement but he had spoken to Mr. Childers. Mr. Childers answered Mr. Pichler that the building is existing and this will allow for two year occupancy. Mr. Kmiec suggested that this building may help reduce the ISO for the residents in the eastern part of the district. The Commissioners said that the agreement looked good and suggested that the chief proceed.

 

The Chief also mentioned that the bids for the new building will be let next week. He detailed the differences between the current building and the new building. He answered Mr. Pichler that the buildings will not be connected physically but will be connected by a covered walkway and that the new building is a 36 by 60 building to conform to the boundary lines. Mr. Pichler was answered that four trucks could be placed in the new building.

 

Mr. Childers said that K-Dot is willing to place fire entrance signs near the new building.  Mr. Childers mentioned that he hoped the commissioners would be in attendance when they open the new building.

 

PROCLAMATIONS AND ORDERS OF THE BOARD

NEW BUSINESS

 

Item One: Mr. Emerson, County Counselor concerning the presentation of Resolution 2005-164: authorizing the issuance of Crawford County's Renewal Temporary Note, Series 2005C (Sewers).   This is to payoff and renew the temporary note for the Sewer District No. 4 project.  Mr. Emerson stated that he hopes that by the end of one year all the work will be done to finalize the Sewer District charges on the tax rolls.

 

 

                                   

RESOLUTION NO. 2005-164

A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A RENEWAL TEMPORARY NOTE OF CRAWFORD COUNTY, KANSAS, IN THE PRINCIPAL AMOUNT OF $106,000 TO FINANCE THE PAYMENT OF TEMPORARY NOTE NO. 1, SERIES 2004C (SEWERS), OF THE COUNTY IN THE AGGREGATE AMOUNT OF $100,000 DATED MAY 15, 2004, AND MATURING NOVEMBER 15, 2005, UNDER THE AUTHORITY OF K.S.A. 10-123.

 

            WHEREAS, Crawford County, Kansas, (the "County") has by its Resolution No. 2004-133 passed by the Board of County Commis­sioners of Crawford County, authorized and directed the issuance of a temporary note of the County in the aggregate principal amount of $100,000, dated May 15, 2004, and maturing November 15, 2005, (the “Series 2004C Temporary Note”) to pay a part of the cost of making certain sanitary sewer improvements in the County (the "Improvements") as duly authorized and instituted by the County by its Resolution No. 98-132 under the authority of K.S.A. 19-27a01 et seq., at the estimated total cost of $1,807,700 (the “Improvement Costs”) of which $298,000 is payable from a Community Development Block Grant, $746,500 is payable from a Rural Development Grant, $135,800 is payable by Kansas Department of Wildlife and Parks and $627,400 is payable from the  proceeds of general obligation bonds of the County; and

            WHEREAS, on June 1, 2005, the County issued its Temporary Note No. R-1, Series 2005B (Sewers), dated June 1, 2005, in the principal amount of $527,400 to finance additional costs of the Improvements; and

            WHEREAS, because the County has not completed either the construction of the Improvements or the assess­ment of the costs thereof to those properties benefit­ed by such Improvements, the County cannot issue its bonds to permanently finance the cost of the Improvements prior to the maturity of the Series 2004C Temporary Note on November 15, 2005; and

            WHEREAS, under the provision of K.S.A. 10-123 proper and full authority is conferred upon the County to issue its renewal temporary notes for the purpose of financing the payment of previously issued temporary notes of the County as they mature until bonds of the County can be issued to permanently finance the cost of the Improvements.

            NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM­MISSIONERS OF CRAWFORD COUNTY, KANSAS:

            Section 1.  That for the purpose of providing funds to pay the cost of taking up and paying the above described Series 2004C Tempo­rary Note until bonds can be issued therefor, the Board of County Commissioners be, and they are hereby, authorized to issue Renewal Temporary Note No. R-1, Series 2005C (Sewers), of the County in the principal amount of One Hundred Six Thousand Dollars ($106,000) (the "Note"), bearing interest at the rate of four and seventy-five hundreds percent (4.75%) per annum, being dated November 15, 2005, and maturing on or before November 15, 2006, or not later than the date of the first install­ment of bonds issued by the County to pay the cost of said Improvements; the Note being redeemable and cancelable at the time permanent bonds are issued in lieu thereof.  The County may call the Note for redemption and payment at any time before the maturity date thereof by serving written notice as provided by law to that effect on the owner(s) of the Note at least thirty (30) days before the date of such call and it may redeem the Note on the date of such call upon payment to the purchaser(s) thereof of the principal of and interest accrued to the date of such call and no further interest shall accrue on the Note subsequent to such date of redemption.  The Note shall not exceed the amount of bonds which are to be issued and are unissued as shown by the approved estimates on file.

            Section 2.  That the Note shall be in the form as pre­scribed by law.

            Section 3.  That the Note shall be signed by the Chair­man of the Board of County Commissioners and attested by the County Clerk, under the corporate seal of the County, and shall be registered in the office of the County Clerk of Crawford County, Kansas, the Note Registrar and Paying Agent, and the office of the State Treasurer of the State of Kansas, at Topeka, Kansas, and it shall be countersigned by the County Clerk and the Note shall be paid for in whole or in part by the issuance of bonds as provided by law.

            Section 4.  That the Note shall be issued and sold to University National Bank, Pittsburg, Kansas, at the purchase price of 100% of the principal amount of the Note plus accrued interest, if any, to the date of issuance of the note.

            Section 5.   That the County covenants and agrees that no part of the proceeds of the Note or other pro­ceeds shall be used, at any time, directly or indirectly in a manner which if such use had been reasonably anticipated on the date of the issuance of the Note would have caused the Note to be or become an "Arbitrage Bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and the Regulations of the Treasury Department thereunder proposed or in effect at the time of such use applicable to obligations issued on the date of issuance of the Note.

            Section 6.  That the Note is hereby designated as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code").

            Section 7.  That this Resolution shall take effect and be in force from and after its passage and approval.

(REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK)

 

PASSED and approved by the Board of County Commissioners of Crawford County, Kansas, this 28th day of October, 2005.

 

                                                            BOARD OF COUNTY COMMISSIONERS

                                                                        Crawford County, Kansas

 

 

                                                                        ______________________________

                                                                        Chairman

 

 

                                                                        _____________________________

                                                                        Commissioner

ATTEST:

 

                                                                        ______________________________

                                                                        Commissioner

________________________________

County Clerk

 

(SEAL)

 

Mr. Emerson mentioned that this renewal is for one year so all of the tax items will be closed out on the district.

 

On motion (05-351) of Commissioner Kmiec and the second of Commissioner Moody to adopt Resolution 2005-164: A Resolution Authorizing and providing for the issuance of a renewal Temporary Note of  Crawford County, Kansas, in the Principal Amount of $106,000 to finance the payment of Temporary Note No. 1, Series 2004C (Sewers):

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed.

 

Item Two: Mr. Emerson, County Counselor, concerning a drawdown for the Emergency Shelter Grant from the Kansas Housing Resources Corporation for the Crawford County Crisis Resource Center. Mr. Emerson stated that this paperwork gets the Crisis Resource Center back on track in grant draw downs and this practice continues the previous practice of approving the grant funding. He stated that the amount of the grant is $3,523 with a one to one match from the Resource Center. He said this grant helps the center with some of their utility costs. He said that this paperwork previously was processed every month. The counselor said that the paperwork should come through quarterly now.

 

On motion (05-352) of Commissioner Pichler and the second of Commissioner Moody to approve the grant application for the Emergency Shelter Grant  from the Kansas Housing Resources Corporation for the Crawford County Crisis Resource Center in the amount of $3,523.00 and authorize the chairman to sign:

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed.

 

 

Item Three:  Mr. Moody mentioned that he and the Counselor met with Fire Chief Haggerty in Frontenac and the Master Fire Plan for Frontenac is in the mail today to the state.

 

 

UNDER THE HEADING OLD BUSINESS

OLD BUSINESS

 

Item One: Jim Emerson, County Counselor, concerning the sale of the FACT, Inc., building. He mentioned that there has been no comment or objection to the transaction. He said he will draw up the deed and proceed.

 

 

UNDER THE HEADING FUTURE BUSINESS AND ANNOUNCEMENTS

            FUTURE BUSINESS

 

ANNOUNCEMENTS

 

Item One: November 4, 2005 – Opening of building bids for the new Fire District Number Four building.

 

Item Two: November 11, 2005 – The Crawford County Courthouse will be closed in observance of Veteran’s Day. The Board of Commissioners will not meet on that day.

 

UNDER THE HEADING MOTION TO ADJOURN

MOTION TO ADJOURN

Item One: Adjournment

On the motion of Commissioner Kmiec and the second of Commissioner Moody to adjourn the October 28, 2005 meeting at 10:57 AM.

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

 

Witness my hand in the taking of these minutes and my submission of the same for the approval of the Board of Crawford County Commissioners:

 

____________________________

R. J. Wilson

= Seal =                                  County Clerk

 

Taken RJW 10/28/2005 10:57:34 AM, Amended DPP 10/28/2005 4:55 PM