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Association of Counties
Governing Board Meeting
Thursday, December 12, 2002
KAC Conference Room
President Russ Frey called
the meeting to order at 10:02 a.m. Other board members present were as follows:
Clark Allemang, Butler County
Mike Billinger, Ellis County
Rod Broberg, Saline County Appraiser
Jerry Davis, Finney County
Wade Dixon, Greeley County
Eileen Filbert, Jefferson
County Health Department Administrator
Linda Fincham, Marshall
County Register of Deeds
Russ Frey, Riley County
Frances Garcia, Reno County
Dean Kruse, Norton County
Bill Linde, Woodson County
Kathy Peckman, Miami County Clerk
Paula Phillips, Douglas County Emergency
Randy Rogers, Coffey County Sheriff
Ron Sitts, Edwards County Public
Randy Allen, KAC Executive
Marla Flentje, KAC Education
Judy Moler, KAC Legislative
Services Director/General Counsel
Pam Hatfield, KAC Executive
Bob Courtney, Sumner County
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)
Lonie Addis, Labette County
Joe Brunk, Sedgwick County Noxious
INTRODUCTION OF GUESTS
President Russ Frey welcomed
guests and all incoming board members to the meeting.
APPROVAL OF MINUTES
Ron Sitts moved, seconded
by Rod Broberg, to approve the November 17, 2002 meeting minutes. Motion
CHANGES TO THE AGENDA
There were no changes to the
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
Kathy Peckman moved,
seconded by Clark Allemang, to approve the bills and payrolls as submitted.
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.
2003 KAC BUDGET
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
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.
OVERVIEW AND INSTRUCTIONS
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
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
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.
MEETING DATES – 2003
The following meeting dates
were suggested by Mr. Allen for the 2003 year:
24 – Topeka, 10:00 a.m.
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.
POSSIBLE LEGAL ACTION
AGAINST THE STATE OF KANSAS
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
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
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.
Hatfield, Executive Assistant
January 24, 2003