November 9

COMMISSIONER’S PROCEEDINGS

November 9, 2021

The Rooks County Board of Commissioners met in regular session.  Commissioners present were Chairman, John Ruder; and Members Greg Balthazor and Tim Berland.  Ruthmary Muir, Rooks County Clerk, was present to write the minutes.  Virgi Laska, with the Stockton Sentinel; Roger Hrabe, Economic Development Director; and Gary Knight, Rooks County Sheriff, were also present.  Ruder called the meeting to order and asked all to rise and recite the Pledge of Allegiance.  The agenda was approved. 

Roger Hrabe, Economic Development Director, informed the Board that the airport had also needed to have a storm water pollution plan.  He had noticed that the same company was working with the Road & Bridge Department to update their policy and wondered if they two could somehow be combined.  An invoice has been received for about $2,900 for the airport’s policy and work.  The airport has two above ground fuel tanks that are double-layered. 

Gary Knight, Rooks County Sheriff, requested an executive session to discuss non-elected personnel.  Ruder made a motion to go into executive session for fifteen minutes between 9:08 and 9:23 am.  Berland seconded the motion, and Balthazor agreed.  Those present for the executive session were the Commissioners:  John Ruder, Greg Balthazor, and Tim Berland; and Sheriff Gary Knight.  Upon returning to regular session, there was no further discussion. 

The Commissioners reviewed the minutes from the November 2nd meeting.  Ruder made a motion to approve the minutes of November 2nd with a correction.  Berland seconded the motion, and Balthazor agreed.  After the minutes were printed, Balthazor made a motion to sign the corrected minutes of November 2nd.  Ruder seconded the motion, and Berland agreed. 

In weekly reports, Berland had not received any calls concerning the roads. 

Ruder mentioned the Commissioners had received an invitation to attend the Northwest Kansas Planning and Development Commission, Pioneer Country Development, Inc. and Northwest Kansas Housing, Inc. annual meetings that will be held on two separate evenings.  The annual meetings and supper will be held at the VFW in WaKeeney on Wednesday, December 1 and then at the Huck Boyd Center in Phillipsburg on Thursday, December 2nd

Balthazor had received a few calls about 22-25 Roads in the northeast part of the county. 

A couple of notices were received from EMC Insurance:  one stating they did not find any applicable coverage for any hail damage to the roof on the damages received by the wind on July 9th, and the damage caused by the wind did not exceed the policy deductible.  Therefore, no payment will be issued.  The second notice stated a conditional renewal subject to communicable disease exclusions. 

Rich Bouchey, Road and Bridge Supervisor, was informed that a group in Plainville is looking into putting a bike trail around the Plainville Lake.  They were asking the County to be involved with bringing the material to build the trail.  A grant is being written using the County for in-kind help.  Ruder will get more information from the Plainville group.

Bouchey reported he is preparing for the safety meetings to be held the following day.  He asked the Commissioners to attend – he will be serving lunch.  The safety information he has obtained from Mark Lowry, with Heritage Insurance Group, has been adapted into the details and highlights he will be conducting. 

Bouchey said his employees are concerned about the 10-hour days being changed.  He would like the Commissioners to decided on their hours so that he can let them know at the meeting. 

Bouchey mentioned that KDHE had drove by the Landfill to remind them to keep the trash picked up from blowing. 

The Commissioners asked Bouchey about the spill prevention program and trying to combine the Airport’s policy and invoice with the Road & Bridge’s policy and invoice.  Bouchey has already paid the Road & Bridge invoice of about $2,300.  The airport will need to just pay theirs as well. 

Some road concerns were discussed. 

Julie Yarmer, with Freedom Claims, was present to give the Commissioners health insurance renewal numbers.  Once again, the County’s numbers are running with a .64% reduction.  There will be no change in the Life Insurance premiums or the Superior Vision supplemental insurance premiums.  Yarmer stated that both the $750 and the $1500 share-pay-plans are running under what was projected for 2021.  Yarmer will set up a date, soon, with the County Clerk to work with the County employees for open enrollment.

Ruder made a motion to sign the health insurance renewal forms.  Balthazor seconded the motion, and Berland agreed. 

The Commissioners reviewed and accepted the Treasurer’s quarterly statement dated 10/21/2021. 

Heather Poore, Rooks County Appraiser, updated the Board with her department’s work.  She reported valuations are still trending up, and she is expecting ag valuations to go up slightly again. 

An interlocal agreement with the City of Stockton had been received concerning the EMS and ambulance service.  The Commissioners noticed the amount of money for appropriations listed on the agreement was not what the County had been discussing.  The agreement will be sent back to the city so the corrections can be made. 

Resolutions were written to reflect the approved Procurement Policy and the Conflict of Interest Policy approved the previous week.  Ruder made a motion to sign Resolution 2021-R12 Procurement Policy and Resolution 2021-R13 Conflict of Interest Policy.  Berland seconded the motion, and Balthazor agreed. 

Resolution No. 2021-R12

RESOLUTION OF THE BOARD OF ROOKS COUNTY COMMISSIONERS

                WHEREAS, the Board of County Commissioners of Rooks County, Kansas finds that it is necessary to update the Rooks County Procurement Policy currently in place.  On November 2, 2021, the Board of Rooks County Commissioners adopted a revised Procurement Policy effective November 25, 2021.

                NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ROOKS COUNTY, KANSAS, that effective upon publication in the official county newspaper the following resolution be adopted:

PROCUREMENT POLICY

ROOKS COUNTY

The purpose of this Procurement Policy is to ensure that sound business judgment is utilized in all procurement transactions and that professional services are obtained efficiently and economically and in compliance with applicable laws and orders.

This policy is effective November 25, 2021.

Purchases Under $500.00 for Appointed Officials and $1,500.00 for Commissioners:

When a need for goods and services are identified and the cost is determined to be under

$500.00 for Appointed and Elected Officials or $1,500.00 per purchase for Commissioners, the department head may proceed with the purchase. The verbal order or request assures the vendor that the purchase is a valid obligation of Rooks County. Upon receipt of the goods and/or services, immediately forward the invoice to the County Clerk’s office for processing and payment at the next regularly scheduled payday.

A claim voucher will be generated to the specific vendor; invoice attached and will be approved by the County Commission.

Purchases Over $500.00 for Appointed Officials and $1,500.00 for Commissioners:

When a need for goods and services are identified and the cost is determined to be over

$500.00 for Appointed and Elected Officials and $1,500.00 per purchase for County Commissioners, the department head or county commissioner may proceed as follows: present proposal to the Board of County Commissioners prior to making purchase. Action will be taken by the Board and noted in the Official Minutes. The department head will verify that the purchase is budgeted and will be responsible for notifying the vendor.

Upon receipt of the goods and/or services, immediately forward the invoice to the County Clerk’s office for processing and payment at the next regularly scheduled payday. A claim voucher will be generated to the specific vendor; invoice attached and will be approved by the County Commission.

Competitive Sealed Bids

Competitive sealed bids are initiated at the discretion of the County Commission. Solicit bids from at least three vendors using the same specifications for the product(s). These bids must be in written form. Local county vendors shall be used if at all possible. The invitation for bids, including specifications and pertinent attachments, clearly define the items or services needed in order for the bidders to properly respond to the invitation. Bids are opened publicly at the time and place stated. The contract is awarded to the responsible bidder, whose bid conforms to all of the material terms and conditions of the invitation for bids. Rooks County reserves the right to reject or accept any or all bids. The accepted bid may or may not necessarily be low bid. The County Commission will decide on a case-by-case basis whether execution of a formal contract is necessary.

Competitive Negotiation-Professional Services

Competitive negotiations are initiated by publishing a request for Proposals (RFP) or a Request for Qualifications (RFQ). Although publishing is not required, it may be used if an adequate number of service providers are available in the publication circulation area. At a minimum, all qualified firms should be notified. The RFP is used when price is a factor in the selection of professional services, the RFQ is used when price is considered after selection based upon qualifications (architectural and engineering services).

In both RFP and RFQ, the services to be procured shall be clearly defined when published, as well as the factors to be used in the evaluation and selection process. A written basis of selection must be prepared.

All proposals must be received in writing by the published deadline. All proposals are to be reviewed according to the written selection criteria. For RFQ’s, an invitation is made to one or more respondents for a price or fee. Preparation of a signed contract formalizing a scope of work is required.

Non-Competitive Negotiations

Non-competitive negotiation is a procurement procedure through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined to be inadequate. This may be used when the award of a contract is not feasible under small purchase or competitive sealed bids.

A contract may be awarded by noncompetitive negotiations if the item is available only from a single source; or there exists a public need or emergency and the urgency for the requirement will not permit a delay incident to competitive solicitation; or after solicitation of a number of sources, competition is determined inadequate; or no acceptable bids have been received after formal advertising.

                BE IT FURTHER RESOLVED that this resolution shall be published once in the official county newspaper and shall be in effect from and after its date of publication.

                Adopted this 9th day of November 2021, by the Board of Rooks County Commissioners, Rooks County, Kansas.

ROOKS COUNTY BOARD OF COMMISSIONERS

 

John Ruder                                                                                         ATTEST:

John Ruder, Chairman                                           

                                                                                                                Ruthmary Muir

                                                                                                                Ruthmary Muir, Rooks County Clerk

Greg Balthazor

Greg Balthazor, Member

 

 

Tim Berland

Tim Berland, Member

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Resolution No. 2021-R13

RESOLUTION OF THE BOARD OF ROOKS COUNTY COMMISSIONERS

                WHEREAS, the Board of County Commissioners of Rooks County, Kansas finds that it is necessary to establish a Conflict-of-Interest Policy as it relates to Rooks County Board of Commissioners, Appointed Officials, Elected Officials and staff of Rooks County in order to identify conflicts of interest and situations that may result in the appearance of a conflict and to disclose those situations, conflicts, or potential conflicts to appropriate person or persons.

                NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ROOKS COUNTY, KANSAS, that effective upon publication in the official county newspaper the following resolution be adopted:

CONFLICT OF INTEREST POLICY

ROOKS COUNTY

This Conflict-of-Interest Policy governs the activities of the Board of Commissioners, Appointed Officials, Elected Officials and staff of Rooks County. It is the duty of all members of the Board of Commissioners, Appointed Officials, Elected Officials and staff to be aware of this policy, and to identify conflicts of interest and situations that may result in the appearance of a conflict and to disclose those situations/conflicts/or potential conflicts to (i) the employee’s supervisor in the case of staff members (ii) the Chair of the Board of Commissioners if an appointed official, elected official or member of the Board of Commissioners, or other designated person, as appropriate. This policy provides guidelines for identifying conflicts, disclosing conflicts and procedures to be followed to assist Rooks County to manage conflicts of interest and situations that may result in the appearance of a conflict.

Definitions

  • Apparent Conflict of Interest: One in which a reasonable person would think that the decision-maker’s judgment is likely to be
  • Closely Associated With: In a close relationship or position in time or
  • Conflict of Interest: A situation in which financial or other personal considerations have the potential to compromise or bias professional judgment and
  • Employee: A person who works for another in return for financial or other compensation.
  • Family Member: Two or more people related by marriage, blood relation, or
  • Financial Interest: Any financial interest in or relationship or prospective relationship with an entity, including, but not limited to, ownership of stocks, bonds, partnerships or other equity interests, rights to patent or lease payments, receipt of consulting fees, salary, loans, gifts, compensation for serving on boards of directors, or other forms of remuneration.
  • Personal Interest: To one person’s interest or advantage. The pursuit of one’s interest. Self-
  • Position of Authority: One with a position of power, influence and authority over
  • Potential Conflict of Interest: A situation that may develop into a conflict of
  • What is a conflict of interest? A conflict of interest arises when a board member, appointed official, elected official, or staff member has a personal interest that conflicts with the interests of Rooks County or arise in situations where a board member/appointed official/elected official/staff member has divided loyalties (also known as a “duality of interest”). The former can result in situations that result in inappropriate financial gain to employees and persons in authority at Rooks Similarly, situations or transactions arising out of a conflict of interest can result in either inappropriate financial gain or the appearance of a lack of integrity in Rooks County’s decision-making process. Both results are damaging to Rooks County and are to be avoided.
  • Example #1: an employee or person in a position of authority may benefit financially from a transaction between Rooks County or an applicant for permits or other special consideration by Rooks County, and the board/appointed official/elected official/staff member; or others closely associated with the board/appointed official/elected official/staff member may be affected financially. Family members, or their businesses, or other persons or the businesses of persons with whom the board/appointed official/elected official/staff member is closely associated, could benefit from similar
  • Example #2: A conflict of interest could be a direct or indirect financial interest such as those described above, or a personal interest such as the situation where a board member/appointed official or elected official of Rooks County is also a board member of another nonprofit or for-profit entity in the community with which Rooks County collaborates or conducts.

     2.Who might be affected by this policy? Rooks County takes a broad view of conflicts and board/appointed officials/elected officials and staff members are urged to think of how a situation/transaction would appear to outside parties when identifying conflicts or possible conflicts of interest.

  3.Disclosure of Conflicts. Board members, appointed officials, elected officials and staff shall disclose conflicts as they arise as well as to disclose those situations that are evolving that may result in a conflict of interest. Advance disclosure must occur so that a determination may be made as to the appropriate plan of action to manage the conflict. Staff should disclose to their supervisor; appointed officials and elected officials should disclose to the Board of Commissioners as soon as the person with the conflict is aware of the conflict/potential conflict or appearance of a conflict exists. Board of Commission members should report conflicts or potential conflicts to the Chair of the Board of Commissioners. The Chair of the Board of Commissioners should report conflict to the Board of Commissioners and County Attorney.

     4.Procedures to manage conflicts. For each interest disclosed, the full board should determine whether the board should: (a) take no action or (b) disclose the situation more broadly and invite discussion/resolution by the full board of what action to take, or (c) refrain from taking action and otherwise avoid the conflict. In most cases the broadest disclosure possible is advisable so that decision-makers can make informed decisions that are in the best interests of the organization.

When the conflict involves a decision-maker, the person with the conflict (“interested party”): (i) must fully disclose the conflict to all other decision-makers; (ii) may not be involved in the decision of what action to take (e.g., may not participate in a vote).

  • In some cases the person with the conflict may be asked to recuse him/herself from sensitive discussions so as not to unduly influence the discussion of the
    •  
  • In all cases, decisions will be made only by persons without an identifiable conflict of interest.
    •  
  • The fact that a conflict was managed and the outcome will be documented in the minutes of board meetings if the conflict was related to a board member/appointed official/elected official or staff
    •  
  • All appointed officials and elected officials should monitor proposed or ongoing transactions of Rooks County or employees and staff (e.g., contracts with vendors and collaborations with third parties) for conflicts of interest and disclose them to the Board of Commissioners, as appropriate, whether discovered before or after the transaction has
    •  
    • Allowances and Exceptions
    •  
  1. County employees shall be permitted to participate as buyers in competitive sales of surplus property as any other member of the public. Consistent with ethical conduct, County employees shall not take advantage to gain personal benefit from such transactions.
    •  
  2. Exceptions: Exceptions not defined within this policy shall be evaluated by the Board of County Commissioners on an individual basis.
  • BE IT FURTHER RESOLVED that this resolution shall be published once in the official county newspaper and shall be in effect from and after its date of publication.
  •  
  • Adopted this 9th day of November 2021, by the Board of Rooks County Commissioners, Rooks County, Kansas.

ROOKS COUNTY BOARD OF COMMISSIONERS

 

John Ruder                                                                                         ATTEST:

John Ruder, Chairman                                           

                                                                                                                Ruthmary Muir

                                                                                                                Ruthmary Muir, Rooks County Clerk

Greg Balthazor

Greg Balthazor, Member

 

 

Tim Berland

Tim Berland, Member

****************************************************************************************************

Ruder made a motion to sign a hand-check to Jan Jones in the amount of $121.90 that was made to correct a vendor error.  Balthazor seconded the motion, and Berland agreed. 

Ruder made a motion to sign and approve the 2022 Holidays for the County employees and to give the Rooks County employees listed on the November payroll a $75.00 gift certificate to the local grocery stores.  Berland seconded the motion, and Balthazor agreed. 

Ruder updated the Board with information and several meetings he had attended concerning Red Bud Village and their quest for a new administrator and the need for nurses.  A committee has been set up to help with fund raising and ideas moving forward – maybe with a new facility.  A grant writer has been obtained as well.  The City of Plainville has said they will partner and help as they can. 

 

Balthazor made a motion to review, approve and sign the weekly vouchers.  Ruder seconded the motion, and Berland agreed.

            November 9, 2021

County General                        76631-76704                57,220.62

Road & Bridge                         76705-76712                18,342.10

Noxious Weed                         76713-76714                200.31

Health Department                   76715-76726                2,638.52

Sanitation                                 76727-76729                294.98

Rooks County Golf Course         76730-76731                77.07

            GRAND TOTAL                                                   78,773.60

 

The Commissioners discussed the hours for the Road & Bridge Department and whether to stay at the current range of four 10-hour days or change to five 8-hour days.  After some discussion, it was decided to stay at the current time schedule of four 10-hour days with the requirement that the employees will work on Fridays and/or weekends as needed with the snow or rain received with time and one-half compensation. 

With no further business to transact, Ruder made a motion to adjourn the meeting.  Berland seconded the motion, and Balthazor agreed. 

Adopted this 16th day of October, 2021

ROOKS COUNTY BOARD OF COMMISSIONERS

 

______________________________________              ATTEST:

John Ruder, Chairman                         

                                                                                    ___________________________________

                                                                                    Ruthmary Muir, Rooks County Clerk

_______________________________________

Greg Balthazor, Member

 

 

_______________________________________

Tim Berland, Member

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