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Kansas Association of Counties

Governing Board Meeting

Thursday, December 12, 2002

KAC Conference Room

Topeka, Kansas


President Russ Frey called the meeting to order at 10:02 a.m.  Other board members present were as follows:


Clark Allemang, Butler County Appraiser

Mike Billinger, Ellis County Treasurer

Rod Broberg, Saline County Appraiser

Jerry Davis, Finney County Commissioner

Wade Dixon, Greeley County Counselor

Eileen Filbert, Jefferson County Health Department Administrator

Linda Fincham, Marshall County Register of Deeds

Russ Frey, Riley County Commissioner

Frances Garcia, Reno County Commissioner

Dean Kruse, Norton County Commissioner

Bill Linde, Woodson County Commissioner

Kathy Peckman, Miami County Clerk

Paula Phillips, Douglas County Emergency Management Director

Randy Rogers, Coffey County Sheriff

Ron Sitts, Edwards County Public Works Director


Others present:


Randy Allen, KAC Executive Director

Marla Flentje, KAC Education Director

Judy Moler, KAC Legislative Services Director/General Counsel

Pam Hatfield, KAC Executive Assistant

Bob Courtney, Sumner County Commissioner

Gene Merry, Coffey County Commissioner (incoming board member)

John Calhoon, Atchison County Sheriff (incoming board member)

Ted Ensley, Shawnee County Commissioner (incoming board member)

Florence Whitebread, Geary County Commissioner (incoming board member)


Members Absent:


Lonie Addis, Labette County Commissioner

Joe Brunk, Sedgwick County Noxious Weed Director







President Russ Frey welcomed guests and all incoming board members to the meeting.




Ron Sitts moved, seconded by Rod Broberg, to approve the November 17, 2002 meeting minutes.  Motion carried.




There were no changes to the agenda.




Treasurer Mike Billinger announced that the Finance Committee had met in the work room at 8:30 a.m. this morning, with all members present.  The September, October and November bills and payrolls were presented to the committee for their review.  No exceptions were noted.  Mike Billinger asked for a motion to approve the bills and payroll as submitted. 


Kathy Peckman moved, seconded by Clark Allemang, to approve the bills and payrolls as submitted.  Motion carried.


Mike Billinger discussed the September, 2002 Budget Status Report.  He noted a cash decline, as expected.  It was noted that cost containment was being observed by management and staff.  Mike Billinger asked for a motion to accept the September, 2002 Monthly Financial Report as presented. 


Frances Garcia moved, seconded by Jerry Davis, to accept the September, 2002 Monthly Financial Report as presented.  Motion carried.




Executive Director Randall Allen continued his review of the proposed 2003 budget. A previous draft of the 2003 budget had been presented to the board and discussed at the October, 2002 board meeting.  He briefed the board on the financing of the budget (all sources, including member dues, affiliate and associate dues, investment income, registration fees for the annual conference and Kansas County Government Institute workshops, secretariat fees, sponsorship/endorsement revenue, and other minor sources. The Executive Director recommended that the board retain the current dues allocation methodology for county dues, with no increase in the aggregate dues assessed counties. County membership dues are allocated based upon valuation and population, with no county paying more than $11,600 annually.  The Executive Director recommended an increase in affiliate member dues (11 affiliates) and associate member dues (5 associate members). 


Randall reviewed the Kansas County Government Institute classes offered.  Charges for these classes are well below the market rate, but participation remains somewhat low.

The KAC continues to provide customized workshops for various groups and counties statewide.   ther sources of income include; Deferred Compensation revenue from Nationwide Retirement Solutions and the Cooperative Purchasing through NACo.  The Kansas Health Foundation Grant that was obtained May, 2002, will fully support any expenses incurred by the Public Health Policy Fellowship program. 


Paula Phillips expressed concern over individual counties’ finances.  She said that the Kansas County Government Institute will be the first place that suffers from a financial crunch at the county level.  She suggested that the Finance Committee be vigilant about its responsibility to closely monitor all of the expenditures and all of the revenues generated by the Kansas County Government Institute in the coming months and make

budget adjustments accordingly.  She expressed that this is an area that we really need to be watching. 


Wade Dixon expressed the need to have knowledge of any cuts that county commissions are making, and take a look at how those cuts will effect the KAC’s budget. 


Marla Flentje addressed Paula’s concern, and said that when programs start up for 2003, by February or March, we should have a pretty good understanding on how well the education program is doing, and we can re-evaluate and make adjustments at that time. 


Russ Frey expressed to the board that it is their responsibility to manage the projected budget, and he challenges the new board members, as well, to watch the projections closely, and take the initiative to do what is best. 


Randy announced to the board that the KAC will no longer be transmitting blast faxes for the Legislative Bulletins, etc.  Instead, this information will be easily obtained from the KAC website ( or by email.  


Randy acknowledged that we should anticipate a higher association cost for the upcoming 2003 KAC Annual Conference in Overland Park. These additional costs include higher food costs, additional security costs (first hired for the 2002 annual conference), and the cost of a two-day exhibition.   


Mike Billinger moved, seconded by Paula Phillips, to adopt the recommended budget for 2003 with the understanding that it would be closely managed by the KAC Governing Board.  Motion carried. 









Michelle Brown, Conference Planner, distributed evaluation reports from the 27th Annual KAC Annual Conference.  The new format plan of events seemed to go well and was generally well received.  Some of the complaints received have been addressed, and it is thought that the extra room that the Overland Park sight will help to alleviate some of these problems. This would include the need for additional room for roundtable discussions. 




President Russ Frey presented each board and staff member with a paper weight, and wished the board well in 2003.  Russ said that he appreciated the work of the board and told the board that they will see a challenge in the future, but he knows that they will do well.


President Frey recessed the meeting at 11:21 a.m. The meeting resumed at 11:34 a.m.


Following the recess, outgoing board members introduced their replacements on the board. Russ Frey introduced his replacement from Northeast Kansas, Ted Ensley, Shawnee County Commissioner. Bill Linde introduced his replacement from Southeast Kansas, Gene Merry, Coffey County Commissioner. Florence Whitebread, Geary County Commissioner, was introduced as the commissioner representative from North Central Kansas, replacing the late Bobby Heitschmidt. Randy Rogers introduced John Calhoon, Atchison County Sheriff who will be the Kansas County Sheriffs Association representative on the KAC Governing Board.  Following introductions, the new board members took their seats at the table, and outgoing members were seated at the perimeter of the room. 




Russ Frey called for nominations for the office of KAC President from the floor. 


Ron Sitts nominated Wade Dixon for President.   


Kathy Peckman moved, seconded by Frances Garcia that nominations cease and that a unanimous vote be cast for Wade Dixon for KAC President.  Motion carried. 


Newly elected President Wade Dixon addressed the board and expressed his appreciation for the honor of the office.  To serve is something that he cannot thank the board enough for. Wade thanked outgoing President Russ Frey for his service, and to the other board members.  “Your service sometimes isn’t recognized – the time given, and energy, imagination, ideas, etc. – all of which helped the Association and the counties.  I expect great things of you, ” he said.



Gene Merry nominated Lonie Addis for Vice President.


Paula Phillips moved, Jerry Davis seconded, that nominations cease and that a unanimous vote be cast for Lonie Addis for Vice President.  Motion carried. 


Frances Garcia nominated Kathy Peckman for Secretary. 


Ron Sitts moved, Paula Phillips seconded, that nominations cease and that a unanimous vote be cast for Kathy Peckman for Secretary.  Motion carried. 


Kathy Peckman nominated Mike Billinger for Treasurer. 


Jerry Davis moved, seconded by Paula Phillips that nominations cease and that a unanimous vote be cast for Mike Billinger for Treasurer.  Motion carried.


The meeting recessed at 11:47 a.m. for lunch. The meeting resumed at 12:32 p.m.




The Executive Director reviewed an executive summary of various insurance coverage included in the Association’s “package policy” and the separate workers compensation coverage – both with renewals on January 1, 2003. Following the review, he recommended the approval of and renewal of the policies as described. 


Ron Sitts moved, Frances Garcia seconded to approve the renewal of the insurance policies as reviewed.  Motion carried.




The following meeting dates were suggested by Mr. Allen for the 2003 year:


January 24 – Topeka, 10:00 a.m.

February 11 – Topeka, 1:30 p.m. (same day as County Government Day)

March 14 – Topeka, 10:00 a.m.

May 23 – Topeka,  9:30 a.m.

June 27 – off site

August 15 – off site

October 10 – Topeka, 9:30 a.m.

November 23 – Overland Park, KAC Annual Conference

December 11 – Topeka


Ted Ensley moved, seconded by Frances Garcia to accept the calendar dates as printed.  Motion carried.






President Wade Dixon announced his appointments for the Finance Committee for 2003.  Mike Billinger, KAC Treasurer, will chair the committee, and Linda Fincham, Dean Kruse and Gene Merry will serve as committee members. 




Judy Moler, Legislative Services Director and General Counsel for the KAC gave a briefing of the demand transfers and their history.  She described the Governor’s action in late November to reduce the transfers through an allotment process described in statute. She outlined the legal reasons why staff felt that the Governor exceeded his statutory power in this instance. She further indicated that 77 counties to date have asked to be named parties in any possible legal action to clarify the Governor’s authority. If filed, the action would be taken with the League of Kansas Municipalities (pending its board action) as early as tomorrow with the Supreme Court. 


Bob Courtney, Sumner County Commissioner, asked to speak to the board regarding possible legal action. Commissioner Courtney asked that the board look at alternatives to the lawsuit and said that the Governor is not the enemy.  He said that we had been given a challenge with the cutbacks made by the Governor.  He further indicated that for the KAC and the League of Kansas Municipalities to move forward with a lawsuit shows a lack of responsibility.  He indicated that the Sumner County Commission unanimously voted against legal action in this instance and that if the KAC goes forward with legal action, Sumner County will not be a member of the KAC next year.


Board discussion ensued.


Rod Broberg moved, seconded by Ted Ensley, that the KAC Board authorize our general counsel to pursue a mandamus action before the Kansas Supreme Court (in conjunction with the League of Kansas Municipalities pending the League Board’s action), or alone if necessary.  A vote was taken by show of hands. The motion carried unanimously. 


At 1:57 p.m., the board meeting was recessed. The meeting resumed at 2:10 p.m.




Marla Flentje, Education Director, announced that the Kansas County Government Institute programs will resume early in 2003.  The 2003 schedules are being finalized now, with full schedules available in early January.  Marla said that marketing would be important, especially this year, and asked that board members send a personal letter to their respective affiliate / associate group promoting the classes.  Marla encouraged current board members to attend classes, as their example would generate interest and encourage more participation.  Marla asked the board to approve the following changes with the Leadership Academy;

·        Add two workshops to the curriculum of the Leadership Academy for County Commissioners, including “Budget Basics” and “County Land-Use Planning”.  Delete the workshop, “Fundamentals of Leadership”.

·        Expand the length of each core workshop of the Leadership Academy to five hours instead of the current four hours.

·        Drop the requirement of LA certification for sixteen hours of elective credit.

·        Adjust the total required hours for an Academy certificate to 45 hours.

·        Schedule only one section of each Academy workshop every three months at a central location in a facility that will accommodate Academy participants.

·        Give commissioners who are currently pursuing their certificate the option of either finishing under the old or new requirements.

·        Continue to schedule one Advanced Academy workshop per year.


Gene Merry moved, seconded by Paula Phillips, to approve the proposed revisions for the Kansas County Government Institute for Leadership Academy as presented.  Motion carried.


Judy Moler will attend a 9-1-1 legislation meeting next week, with 9-1-1 providers, fire fighters, and sheriffs participating. 


February 11 will be County Government Day.  Information about the days’ events will be announced soon. 


Randall Allen told that the Board that he had authorized the preparation and filing of an amicus (“friend of the court”) brief on the Norton County home rule case which is being appealed. The District Court said that the County did not have statutory authority to enact confined animal facility regulations exceeding state environmental standards. The County believes it has such power, and the KAC brief will be offering support for the Norton County position.


The Executive Director further reviewed a draft “Position Statement of Kansas Transportation-Related Agencies and Organizations on Reauthorization of the Federal Surface Transportation Legislation.” The position statement was developed jointly by KDOT, several planning agencies including the Mid-America Regional Council, the Kansas Public Transit Association, League of Kansas Municipalities, and the KAC. The federal TEA-21 Act expires September 30, 2003, and so Congress will be (hopefully) considering authorization of a successor transportation act sometime in 2003.


Ron Sitts moved, seconded by Jerry Davis, to adopt the Position Statement on Reauthorization of the Federal Surface Transportation Legislation. Motion carried. 


Randy said that at the January or February meeting, he will schedule a focus session to discuss the 2003 annual conference in greater detail. He announced that he would be on vacation the following week, and that he and Wade Dixon would be in Washington D.C. on January 8-10, 2003 attending the annual State Presidents/Executive Directors meeting conducted by the National Council of County Association Executives and NACo.


With no further business, the meeting was adjourned at 2:59 p.m.



Respectfully submitted,







Pam Hatfield, Executive Assistant



Approved:  ___________________________


                   Kathy Peckman, Secretary

                   January 24, 2003