Smith County Commissioners 5-15-17

Office of the County Clerk                                                                                                      Page 1 of 3

Journal of Proceedings for the Smith County Commissioners

May 15, 2017


The County Commissioners met in regular session on May 15, 2017 in the County Commissioners’ Room. Present were Commissioners Roger Allen, Art Befort and Tom James.  Also present was Sharon Wolters, Clerk; and, Mitch Fritz, Road Supervisor.


Commissioners approved the agenda for the May 15, 2017 meeting.


Commissioners approved and signed the May 8, 2017 minutes.


Commissioners approved Payroll #10 and Special Payroll #10 for $95,988.57.


Commissioners approved vouchers #35240-35293 from the following funds:

General                                          5040.45

Road                                            23289.05

Noxious Weed                                   86.41

Health                                              757.62

Appraiser                                       263.50

EMS                                             1072.60

Landfill                                           176.24

Diversion Fund                               119.00

Motor Vehicle Fund                        217.00

                    TOTAL                                 $    31,021.87    


Commissioners asked Chris Jones to join the meeting and discussed a report from Lynn Hill on damage to her tomato plants and yard tree from spraying done in the previous week.  Commissioners agreed to visit with the tax payer later this morning.   Befort contacted Alan Hill and asked if he could join today’s meeting to discuss the best solution to spraying close to their residence.


Wolters provided a copy of the most recent Freedom Claims income and expense reports.  Wolters also asked about Rice attending the 911 mapping update meeting.  Wolters agreed to ask Doug Armknecht to attend with Rice.


Mitch Fritz discussed the following:

  1. Commissioners discussed giving qualified tax payers’ permission to work on sections of a county road. James indicated that all requests should be reviewed based on the equipment and the road surface.  Fritz indicated that no FAS road should be maintained by anyone but the county due to state funding that is paid to the county for FAS road maintenance.
  2. James thanked Fritz for allowing extended hours for the blade men after the recent rain. James reported that Josh Shockley and Dalen Ratliff both worked overtime to maintain the roads.  James reiterated that the commissioners wish to use overtime when moisture is available.
  3. Fritz reported that JR Rice will move to blade district #1. Fritz reported on some gravel maintenance that he has planned for this week.
  4. Commissioners received a call asking for maintenance on I & 240 Roads intersection.
  5. James discussed a request by the Farm Bureau Board and asked about having a community meeting on road department priorities. James indicated that he was willing to coordinate a meeting but wished to have the meeting at a time when farmers are not as busy as they are right now.  James indicated that he asked for the topics to be provided ahead of time.  Fritz indicated that we need to have some additional people from other departments that dictate regulations controlling the work on roads as well as a representative from Penco Engineering attend the meeting in order to give accurate technical information at the meeting.
  6. James asked about L Road maintenance.
  7. Fritz reported that he plans to divide the rock crew so he can rock at one location and send a truck to Nebraska for gravel at the same time. James asked if Fritz could use ½”- ¾” crushed concrete.  Fritz agreed to consider testing the rock and agreed to view a possible location for the test with James.   Fritz agreed to some additional research on the crushed concrete as a road cover.

Initials _____ _____ _____


Journal of Proceedings for the Smith County Commissioners                                     Page 2 of 3

Held May 15, 2017


Tabitha Owen, County Attorney, joined the meeting and discussed a legal opinion on the gas line located at the new hospital property.   Owen provided copies of proposed letter to the gas company.  Owen also provided an opinion on which budget items are exempt from the new tax lid.  Owen left the meeting


  1. Befort asked Fritz about viewing 120 Road between V & W Roads.
  2. Fritz discussed tubes and implementation plans.
  3. Fritz reported that he has requested an underwater inspection from KDOT for a fracture critical bridge.
  4. Befort asked Fritz to contact Brian Befort by phone to discuss a road maintenance request.
  5. James discussed a road department employee incentive program. James suggested a tax payer input driven award program.  No action was taken at this time.  James agreed to do some additional research.

Fritz left the meeting.


David Tucker and Patrick Eastes joined the meeting.


Eastes discussed the April statistical report.  EMS received 33 calls in April.  Befort thanked Eastes for the reports.  He also reported on some of the research that he has been doing on the Ford 6.0 diesel ambulances.  James asked about certification for full time employees.  Eastes reported that all full time employees are AEMT or Paramedic certified.  Eastes left the meeting.


Tucker discussed the following:

  1. Tucker provided information on the SWANA meeting.
  2. Allen discussed a complaint that he received from a local contractor. Tucker reviewed the incident.  Allen reported that he received a call from the contractor and discussed policy for the landfill C&D pit.  Tucker reported that the incident in question started when the contractor’s trailer operator attempted to dump and the trailer would not work.   Tucker also indicated that the contractor will need to clean mud out of the trailer prior to bringing C&D or other waste to the landfill.  Allen indicated that he would like to meet with the contractor and Tucker to establish requirements for dumping.   Tucker asked about past-due fees.   Wolters suggested a resolution that sets the billing policy.  Befort indicated that he felt the commissioners need to have the contractor at a meeting to resolve any additional issues.   Befort said that any additional taxpayers with complaints will be encouraged to come to the county commissioners’ regular meeting to meet with the commissioners and Tucker at the same time.
  3. Tucker discussed the Midway CO-OP propane contract. Tucker reported that the method of credit will change this year.
  4. Tucker reported that he will attend KDHE meeting in June. Befort agreed to attend as well.
  5. Tucker reported that Kensington’s community clean-up is complete.
  6. Tucker reported that his assistant will be off for a couple days over Memorial Day. Commissioners offered to have Tucker use a road department employee to fill in if needed.
  7. Tucker discussed maintenance on the 2009 pick-up. Commissioners instructed Tucker to have Kingsbury’s balance the tires.
  8. Tucker reported that they need additional hedge posts for Kugler’s. Tucker agreed to provide the post.


Tucker left the meeting.  Kathy Hansen and Brad Howland joined the meeting.


Laura Hageman, Health Nurse, joined the meeting and discussed the following:

  1. Hageman invited the commissioners to lunch at the health department for the Health Dept. Advisory Board meeting. Hageman asked about scheduling and set the meeting for June 8, 2017 at noon.
  2. Hageman asked about May 30th sick leave. Commissioners approved holiday pay for a sick day next to a holiday.  Allen signed the request form.
  3. Hageman reported that the EBOLA grant required publishing information on the ZIKA virus.
  4. Hageman reported on the “NO SMOKING” poster contest sponsored by the health department. They are currently on display at the health department.


Initials _____ _____ _____

Journal of Proceedings for the Smith County Commissioners                                     Page 3 of 3

Held May 15, 2017


  1. Hageman asked about problems with the health department door lock. Hageman reported that she has contacted Center Glass but they did not have a solution.  Befort agreed to check the door lock.

Hageman left the meeting.


Hansen reviewed a request for NRP from the Central Plains CO-OP.  Howland asked if the CO-OP NRP can be approved without the city permit which is waiting for the FAA permit review.  Commissioners agreed to allow an exception to the NRP requirement of the city building permit prior to beginning the project for this request because of the involvement of the FAA.  Howland left the meeting.


Hansen also reported on the request to have a building on skids removed from the tax rolls in last weeks’ meeting.  Hansen provided information from the state for the commissioners to review.  Hansen agreed to individually review each building on skids and remove any that are not permanently attached to the real estate.  Any buildings not permanently affixed to the real estate will be handled as personal property.  Hansen left the meeting.


Alan Hill, Mitch Fritz and Chris Jones joined the meeting.   Befort discussed the concern that Hill expressed to him on noxious weed spray that Hill believes damaged trees and tomato plants at his house.  Hill asked if Jones could shut off the spray earlier so future damage will not be done to their yard.   Befort explained the conflict for the county who is responsible for eradicating noxious weeds.  Befort indicated that Hill will have to take care of the noxious weeds in the ditch in front of his property.   Jones agreed to stop spray from the top of the hill east and west of Hill’s house and Hill agreed to complete the noxious weed management in the county road ROW between the hills.   Hill indicated that he did not want the county to replace any plants.  Jones left the meeting.


Commissioners asked Fritz about concerns that he has concerning local residence maintaining rock roads.  Fritz discussed his concerns about damage to the rock road if proper maintenance is not completed.  Befort asked the commissioners to consider trying a participation program with local taxpayers who have the equipment and skill to do road work.  Hill indicated that he has a motor grader and the skill to maintain the road.  Commissioners agreed to issue road maintenance permit #2 to maintain 220 Road between R&S Roads for a period of 12 weeks to end or renew on August 7, 2017, with the $200.00 security deposit as prescribed.  Hill and the chairman signed the agreement.  Hill and Fritz left the meeting.


Owen returned to the meeting and reported that she has authorized payment from the Diversion Fund for some technology for the sheriff and also for assisting the Smith Center Rec Commission with lighting at the ball field located by the high school. Owen left the meeting.


Befort asked Fritz to check the bridge on M Road between 80 & 90 Roads.   Fritz discussed several locations for trial with the ground concrete.


Commissioners approved voided check #35255.


As there was no further business, the meeting was adjourned.



Roger Allen, Chairman



Arthur Befort, Member


Attest:_______________________                                        _______________________________

Sharon Wolters, Clerk                                                              Tom James, Member

These minutes are not official until signed by the county commissioners and attested to by the County Clerk.

Derek Nester
Derek Nester
Derek Nester was born and raised in Blue Rapids and graduated from Valley Heights High School in 2000. He attended Cowley College in Arkansas City and Johnson County Community College in Overland Park studying Journalism & Media Communications. In 2002 Derek joined Taylor Communications, Inc. in Salina, Kansas working in digital media for 550 AM KFRM and 100.9 FM KCLY. Following that stop, he joined Dierking Communications, Inc. stations KNDY AM & FM as a board operator and fill-in sports play-by-play announcer. Starting in 2005 Derek joined the Kansas City Chiefs Radio Network as a Studio Coordinator at 101 The Fox in Kansas City, a role he would serve for 15 years culminating in the Super Bowl LIV Championship game broadcast. In 2020 he moved to Audacy, formerly known as Entercom Communications, Inc. and 106.5 The Wolf and 610 Sports Radio, the new flagship stations of the Kansas City Chiefs Radio Network, the largest radio network in the NFL. Through all of this, Derek continues to serve as the Digital Media Director for Sunflower State Radio, the digital and social media operations of Dierking Communications, Inc. and the 6 radio stations it owns and operates across Kansas.

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