Commission - Regular Meeting

We will start with the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Good morning everyone and welcome to the Shauny County Board of County Commissioners. It's Jul April 9th, 2026. Not July yet.

Did I say July? April almost. All right. Well, anyway, it is April 9th. Uh introductions. Uh we uh uh on on my far left is Lisa Schmidt. She's our county clerk. And we have Rich Eckard, our county counselor. on my far right and to my left is Kevin. Uh, I'm sorry, Eric. No, Aaron Mays who represents district three. And Kevin, good to meet you.

Hey, glad to meet you. Right. And Kevin Cook who represents district 2. I'm Bill Ripon. I think I represent district one. So anyway, uh, Lisa, what's first on the agenda? First item on the agenda is item three, consent agenda. There's no questions or comments. I would move that we approve the consent agenda. Second. Motion's been made by Commissioner Ripon, second by Commissioner Mays. All in favor say I. Those opposed. Motion carries. 30. Next item.

Next item is item four, new business, a county clerk, one considerable voucher payments. Commissioners, this morning we have vouchers that total 3,254,387.96. Significant payments out of that voucher report, there was $21,94.36 to X Yix Systems Incorporated for progress payment on the 911 center console refresh pay with county project funds. We have allocations to social service agencies of $527,96.75 holding accounts with the state of Kansas $987,993.92 and health insurance for our employees of $682,5756. I don't have any questions regarding the reports. Would move there with approval.

I'll second. Motion's been made by Commissioner Cook, second by Commissioner Ripon. All in favor say I. Those opposed. Motion carries. 30. Next item. Two, consider correction orders. I would move that we approve the correction orders. Second. Motion's been made by Commissioner Ripon, second by Commissioner Cook. All in favor say I. Those opposed. Motion carries. 30. Next.

B. Land use and development department one. public hearing and consider approval of resolution number R2026039 to amend the district zoning classification from RR1 to I1 on property located at 4848 Southeast Adam Street in the Topeka Township.

Morning commissioners. Joan Ethodani, director of land use and development. Um, as mentioned, we are here for a reasonzoning case today. It's a public hearing. Um, this is a situation where the the applicants are requesting to modify their parcel from RR1 to I1. And I will explain that significant change here in just a second. It is located uh south of 45th in Adams in Topeka Township. Uh, blue dot here, blue star seen on the map is the actual location. Um, the site plan on this one is uh this parcel here. And as you can see, there are three existing buildings. Um, there are images where three additional buildings could be built in the future, although that's it hasn't been determined yet whether or not that's what they're actually going to do. But if so, what they would be using it for is vehicle storage or like boat and RV storage. So, it' be open buildings with the tops where larger uh larger uh vehicles could move in. Uh so the the history of this is that this parcel these buildings were actually permitted as a buildings. However, my understanding is the prior owner never actually used them as a buildings. They were they've been used historically in this exact same manner. Um they do some mechanical work there. They do some business storage um vehicle storage. They do random stuff throughout the the parcel. All of those fall within an I1 zoning district. And so it had been used in this manner really since the inception of this parcel. Uh we just didn't know about it. When the new owners bought it, um it came to our attention and we reached out to them and they applied for an application to reszone. Uh these are just the floor plans of the buildings showing that they are big open buildings that are being utilized. As

mentioned, um this is the vicinity map as you can see in purple. Uh that's city limits. And so this is not far from the city limits and does fall within their urban growth area. Uh we sent 13 letters to property owners surrounding we did receive three letters back in opposition. Um two of those people were able to attend the public hearing at the planning commission meeting and um were able to address the planning commission that occurred on Monday, March 9. uh planning st staff does recommend approval of the request and the planning commissioners considered it and recommended approval by a vote of three to two. Uh so really what I would say is that the opposition um stems from a couple of the neighbors that live or own land surrounding um there's a land and a couple of houses. They're a bit distant away, but I think there's always concern about the use. Um, and some of that has been the historical use of the property and just wanting to make sure that those issues are contained. Uh, one of those things is that when we can get this reson, we can actually put fencing around the property and it would help contain any of the activities onto this property itself. But also one of the issues that came up was the lack of water in this area. Um this is in one of Shaunie County's water voids, meaning it's not attached to city water and it's not attached to a rural water district. And so in those situations, they have wells. And so the question was uh does this kind of use is it okay to have this kind of use on a property with a well? And that was discussed extensively at the at the meeting. Um so in regards to our review

of this, no single golden factors controlling, but all were considered um the character of the neighborhood. What you'll see with the map is that across the street across Adams is all zoned I1 already. So this is not unusual. We're not spot zoning. We're not bringing I1 into the middle of a residential neighborhood. Everything to the west is already zoned I1 and is being used in that type of situation. everything to the right or on the same side as this parcel is RR except on the south of them there are a couple of parcels that went through the same reszoning process 101 15 years ago that are now PUB/commercial and they are residential properties but they are also running businesses from those properties and so they went through a resoning process to do the same exact kind of work on their property they just happen to live there. Um, and so this isn't an unusual use for this parcel in this area of Shaunie County. Um, I already talked about zoning of nearby properties. Um, the this historically has been used in this same manner. We're just trying to bring it into compliance. When they bought the property, they had seen that it had been used in this manner and probably didn't realize that it needed to be reszoned to a different way. Um and so we're just trying to formalize what what needs to be done to make sure that we can regulate the uses that are occurring. Um recommendation of the staff, we do find that this uh would formalize the existing use and allows for us to regulate the activities. Um and with the I1 zoning just to the west, we feel like this meets with proper zoning patterns and is not uh spot zoning. We do find that it is in conformance with the comprehensive plan which supports appropriate land use transitions and

encourages proper use of properties. Uh we do have a host of recommendations. Most of these actually fall from the conversion of the buildings because they'll have to come in and convert those buildings from a buildings to commercial. So most of these conditions actually have to do more with that conversion. Um the fire district had given a bunch of items that they felt would be important and so that's what you see in items one two uh three four five and six. So for the most part most of these conditions have to do with fire safety. Um a drainage report was requested by public works. So they will have to submit that if they do further development. Uh because there's no uh future development right now. They don't have to submit that until they um apply for a building permit for anything further. They do need to dedicate some additional road rightaway along Adams. And uh it it is on a septic system and we have had environmental health go out there and do a review. They have to verify and make sure that they continue to comply with environmental code on this property. Uh, and then last, they'll have to comply with all I1 light industrial district regulations, which will include fencing requirements, uh, because they do skirt our RR properties. Uh, I don't have anything further unless you have any questions for staff. I do have a question. Um, you you were show Can you go back to the that aerial view?

Uhhuh. Go back in the other one where right there. Uhhuh. Uh what is that other little building that's right below number three? Uh that looks like an RV. Oh, okay. Yeah. All right. Um and you said they're on a lateral system and they have their own well. They It's a sistern and a sistern and they are on a lateral system. Correct.

Do they have restrooms in this building? They take it. There's just one bathroom. Um, and this isn't a property that's going to be open where there's going to be public coming and hanging out there or sitting in there. Really, anybody who comes will be the people who actually work there. I don't believe at this time that they had any intent of expanding that bathroom from a single bathroom. And then it says future uh secure vehicle storage. Is that that would be the storage for like RVs, boats, vehicles, right? Correct.

That's the plan. Um they haven't submitted any sort of building permits at this time and I would leave it to the applicant to express whether that's like an immediate plan or five years down the road plan or how how they may plan to do that. And I I noticed they have to uh give up a little bit more right ofway for the road. Correct. Uh what about the entrance the throat to the driveway? Is it I mean they're bringing RVs and etc in there. Is that my understanding was that it was fine other than maybe was there a recommendation from the fire department? Do you recall? Let's look at the I don't I didn't see it but

if they So the entrances we refer back to the entity that maintains the roads. If they come in for a new building permit, they do have to have the entrance reviewed. That that's part of our building permit process. And so at that time we would refer it over to the maintainer of the road. Kurt is 40 or is Adams Township. It's okay. So it's a township. So we would send it off to the township too. I see. Okay. All right. Sure.

Commissioner Cook Tony in reviewing the application. Couple things caught my eye. If you can go to the aerial map of the city county just to show again this falls outside of the city of Topeka. Correct. The white on this aerial view, the white property is the property in question and then purple is city of Topeka.

Okay. Um, two weeks ago we had issues with neighbors and a social club in South Topeka and noise. We don't have a noise regulation in Shauny County. Correct. In the application, it talked about working on vehicles and mowers and that previously there had been a race car fabrication. Um, your thoughts on maybe having a noise if this is going to be operated as a business, having a noise restriction with hours so that they're not running mowers or race cars or what may have you at 2 or 3 in the morning. Um, we could absolutely add a condition in regards I and we could do it two different ways. I mean, eventually we could add noise restrictions to specific zones. However, in most I1 zones, you wouldn't have that kind of noise restriction. And so, we don't want it necessarily to apply across the board. So, in this case, we could add a condition that would limit business hours and noise. That's just one thing that caught my eye is you do have several residential areas there and if people are going to be working on their cars or running engines, uh we just don't want it to disturb the peace of the existing neighborhood.

I'll agree with that. I have another situation in my district where a gentleman works on race cars in his driveway and the neighbors are not real happy about it. So, I could see how that would be something we want to take into consideration. All right. All right. Time to go into hearing. I'll make a motion to go into public hearing.

All right. Um I'll second that. Uh motion's been made by Commissioner Cook, second by Commissioner Ripon. All in favor say I. Those opposed. Motion carries. 3. We are now in a public hearing. Uh, I'd like to have anyone who wants to speak in opposition to this uh to this uh zoning case. Uh, you can. This is your moment. No one. Anybody who'd like to speak in favor of this zoning change.

Morning, commissioners. Lance Royer. Uh, am the applicant. Uh this is Sam Sutton, also partial owner of Flight Crew. Just to be clear, we don't do race cars. This is just really a man cave. The folks before us did race cars as well as the conditional use permits that she talked about. I think they do race cars. They make build race car engines and that kind of thing. So, we don't do race cars. This started out as a as a big man cave. We decided to rent the other two buildings to be able to recoup some of our money. Um, and lo and behold, we're zoned agriculture. Who knew? I should have looked when we bought it, but I didn't. So, we're just trying to get in compliance. We don't do race cars. Um, we aim to be good neighbors to the folks to the south of us. Like she said, everybody to the west of us is all commercial already, light industrial. So, I'm happy to stand for questions. Do you have any more you want to add? just that 4950 and 5040 both do race cars so we won't be hopefully bothering them.

Well, I think it's just I I appreciate that, Mr. Royer, that you're not running race cars and you're going to be mindful of the neighbors, but I'm actually not probably looking at you. I'm looking at the person that comes after you. Yeah. And so if we have established regulations, then there's no issues when it comes up down the road. Yeah. And the business hours thing makes perfect sense. Yes. So you're suggesting we have business hours and when this can all right. Yeah. All right. Yeah. Yeah. Yeah. That's fine.

I would ask that the commission be careful about business hours because most of the time we're there in the evening. If you want to set you know whatever late in the evening that'd be great but you know we most of us work during the day so the time we're out there is in the evening or on weekends. So good. All right.

So, quick question. So, is this is not going to be open to the public necessarily, right? Like, correct. Later on to address the the three buildings. That's a maybe two to five year plan that we're thinking about that. Maybe a year to to five somewhere in there. Not tomorrow by any means. And we will apply with, you know, codes and all of that. So, um it's really a man cave. There's no public. Once we build those, you know, storage units, there'll be people coming and dropping off and and picking up their stuff, but it's really not a business that you go to. No, sir. Right. Okay. All right. Do I have any other questions? Nope.

Any other questions? All right. Well, Lance, Sam, Sam, thank you very much. Thank you. All right. Um, so do we want to add the hours and or put some kind of restriction on?

So, if I might, um, because there are a couple of already established businesses to the south, one of the things that we could do is go pull those cases and see if they have business hours or a time frame for which they are allowed to operate. Because what I would hate to do is have three very similarly situated parcels and one be something a lot more restricted than the other. If we could maybe make a motion to defer action for one week so that we could do a little bit of research and come up with a good set of hours um and noise restrictions so that we're not doing it on the fly. Um I think that that would be suitable for the land use and development department.

That sounds good. So, um, do we have to vote? Motion to motion to defer action for one week. All right. Well, second. Motion's been made by Commissioner Cook, second by Commissioner Ripon. Uh, all in favor, just just as a point of order. I mean, we're leaving the hearing open, correct? Correct. Let's leave the hearing open. Yes. Let's leave it open. Okay. So, we're not closing it. We're just So, how do we end this then today? Well, you have a motion and second floor to defer action for one week. Okay. Second. So, all in favor say I. Those opposed. Motion carries. 30. So, we'll defer for one week and we'll see you next week.

Thank you, commissioners. Thank you, Lisa. Next item. C. Public works one. Consider approval of contract C2026136A1 supplemental agreement number one to K. Shauny County agreement 1925 clarifying that KOT project 89C535901 includes two bridge replacements on Northwest Valencia Road, one participating and the other non-participating. The supplemental contains no other changes to the original contract.

Curtney House, director of public works. I really couldn't say it any better myself. This supplement merely indicates that there's two bridges on the project. Two county Shauny County bridges. It's a K dot project. They led it. Um, by the way, work starts uh April 20th. So, Valencia Road will be closed on April 20th. Uh, one is participating and one is not. So, I look forward to any questions you might have. Questions? I would move for approval. Second. Motion's been made by Commissioner Ripon, second by Commissioner Maize. All in favor say I. Those opposed. Motion carries. 30. Next.

Two. Consider approval of K. Shauny County Agreement 61-26 for construction engineering services on K. Project 89 C535901, a project to replace two bridges on Northwest Valencia Road over the Silver Lake drainage ditch in its tributary. Kurt Ene House, director of public works. Same project. In this case, um because we have a non-participating bridge and a participating bridge, uh K DOT um there would be one CE contract. Um KOT wanted to define how those costs will be split between the participating and non-participating bridge. Um it really ends up costing Shauny County $23,000 because we early in the process we start these bridge projects as you know well in advance of a anticipated leting and when we started this project we didn't know we would get state funding federal funding offsystem bridge project funds for one of the bridges and so we had entered into a contract for CE services on uh and we can't have two contracts. We can't pay the the consultant twice. So really that contract goes away. This contract through the state takes over and we end up paying $88,000 on the non-participating bridge which is a $23,000 increase. And what you can chalk that up to is even though the non-p participating bridge, the fact that it's included in a federal aid project, it still is subject to all the federal

recording and inspection requirements. So that's a premium we have to pay to include a non-participating bridge on this project. It may be it may sound difficult or it may be difficult to understand. Uh I was hoping it would be a little cleaner than this, but really the non-participating bridge even though it's nonparticipating, it's included in a federal aid project. It's subject to all the same reporting and inspection requirements. So, we got to pay a $23,000 search charge to cover those costs. That's really what it comes down to. We're still getting a heck of a deal through the state. So, it's worthy to continue forward.

Kurt, who will let this project do KTO will do that? Yep. Okay. Yep. They did let it in fact. Okay. And we got a great price for two bridges. The work will go concurrently on both bridges. Um it's it's a great deal. So, even though we're paying the extra 23,000, uh we're getting a really nice deal out of this. Do they oversee and manage things on the project? Yeah, they do. that they'll take care of everything, the inspection. Now, um there may be times where they want to get the county involved in certain issues, but generally speaking, uh the state will handle all the inspection and construction quite a bit. Yeah. All right.

Any other questions? I would uh move for approval then. Second. Motion's been made by Commissioner Ripon, second by Commissioner Maize. All in favor say I. Those opposed. Motion carries. 30. Next three. Considered exemption for idled transportation specialist position.

Curtney House, director of public works. Um few couple years ago, we had u a number of positions that were idle because uh through a choice of my own. We didn't fill those positions. If you recall, we had a number of vacancies out in the field on road maintenance positions. And these uh specialty positions are typically filled by those road maintenance positions. We've got to the point where we have a lot less vacancies in road maintenance. We have a new paint truck coming that really uh ups our ability to paint roads. It paints both sides at the same time. So, we need two operators and then we need a chase vehicle for public safety. Keep people out of the paint. So, I'm asking to unidle or make active this transportation specialist position. Um, I will uh I know this is for 2027. I will get with audit finance to see what our situation is financially for 2026 and I would like to be able to fill this position before the new paint truck arrives in July. So, with that, I look forward to any questions that you have.

Questions? I'll move for approval. I'll second. Motion's been made by Commissioner Cook, seconded by Commissioner Ripon. All in favor say I. Opposed. Motion carries three to zero. Next item. Four. Acknowledge contract 2026143A1 covering change orders number one and two to original contract C369-2022 with MCON Incorporated of Bitton, Kansas. These change orders reflect as bid versus as constructed quantities, deleted and added work, and a coot reimbursement for a six pump station project within Lake Sherwood sewage treatment system.

Curtney House, director of public works. Um, this is a project that's been ongoing for a number of years. It involved the replacement or rehabilitation of six pump stations out at Lake Sherwood. When this project started, we were just coming out of uh CO and materials were very difficult to get materials that were critical to this project. So it started out very slow because we were waiting for materials. Um and then um just by the nature of the work uh things were discovered, we had to address them. But the good news is the project is complete now. I'm here before you with a uh the final project cost. We ended up spending approximately $100,000 more than what we originally anticipated considering the complexity of the project and the things we've discovered once we get in got into the project. I'm still pleased with way the way the project turned out. One thing I want to caution you about this 4 thou 4,611,000 and some change. Uh that's not the absolute final project cost because we have not been fully build yet for construction engineering and I've got around $290,500 for that. I don't anticipate any major differences. And then we have communicated with the city and have asked them to reimburse us for approximately $76,000. This was for some things that were originally removed from the project and then added later when uh when things didn't kind of work out uh operationally like we would had hoped. And then furthermore, there were some towers

delivered to the project. They were communication towers and the city was unable to get those towers to work. So the city is buying those towers from us. So anyway, project's complete. Project costs about a hundred,000 h $100,000 higher on a $4.5 million project. And with that, I look forward to your questions. Questions? But with everything said and done, you're anticipating it being about 300,000 higher than the original project budget. Uh h 100,000 $100,000. Yeah. Out of a four $4.5 million project.

And these communication towers the city bought and then aren't able to use. Uh are they locating them somewhere else? What's

Yeah, they're going to take over they're going to take them and they'll probably use them somewhere else. I don't think they're going to use them in the Sherwood uh system. They'll use them elsewhere in their city system. Um so they're buying those at full value. And then we added some backup systems to the pump stations, things that should have been added early on, but the city personnel asked us to remove those, so we were adding them later. the city will pay 75% of those costs, but the ending end result is we're asking the city to pay us approximately $76,000. Now, caveat, city hasn't come back and said, "Yep, that number is okay." But we see no reason why they wouldn't. So,

yeah, we've done a lot of improvements out there short over the last number of years here. Uh where are we now with the total Okay. total project.

Good, good question. If you recall, we took out a $7 million loan from KDHE, a low interest loan. Uh we've replaced the teacup out at the treatment plant. We replaced we did a conducted a collection system project out at the within the system, a very critical component because it led directly to the treatment plant. And if that system or that portion of the collection system had failed, you would have sewage that couldn't get to the treatment plant and that would be a bad thing. So we we've addressed that. That project's complete. And now with these six pump stations being complete, we can focus on plant improvements. So the what we know is I'm going to have approximately $1.3 million remaining of that $7 million KDH loan. And then I also have approximately $4.5 million available in the user fee fund and I would like to use a good part of that. So we'll end up spending approximately $5 million to improve the treatment plan out there and to bring it under the latest KDH requirements.

Okay. So that'll be the next phase that we're working on that now. We're we have a firm that's that's working on that. And here in June, there should be a final report on what they find and what they recommend. So, I've got a few questions since we're on this topic though. Um, we've digressed a little bit from the agenda item, but I'll continue down that path. Um,

in those improvements that you're planning on making, are we planning on increasing any kind of capacity at that wastewater treatment facility? because I know that we've added the middle school onto the facility onto the network and I would anticipate that there's going to be additional development out there at some point. Is the the plant able to handle that additional capacity? The plant was designed for a waste flow of 2.4 million gallons per day and we're only using about a million right now. So, there's plenty of excess capacity. There's no need to expand the plant um at this time.

Okay. Um now back to the original agenda item project. You know, this this project's been kind of a mess from the start. I mean, well, I don't know if I would call it a It's been complicated. The technology is something that we've not worked with before. Um from my understanding at least. Uh it was supposed to be built with Americanmade steel. All the parts were and that complicated things in the supply chain because of co Mhm. Um and it's my understanding it that was a caveat in bringing in some grant money. Um the Americanmade steel portion

part of the KDH loan requirements. You bet. Okay. So how how much was the loan for exactly? $7 million. Okay. And again after this is approved and we make a final payment to the contractor, we will have approximately $1.3 million left of that KDH loan. Okay. Um and then the towers, my understanding a few of them were actually constructed. Mhm. Are did they remove the footings as well?

No, the ones that were constructed and we were able to uh the city was able to get those operational the communications that will remain in place. There were um there was one tower where the footing was constructed, but the no tower was built on top of the footing and then there were three towers that were even the footing was not constructed. So that's what we're being reimbursed for. Um is that footing in somebody's yard? I gosh, I'm not certain on that. I believe it is, but it's at ground level. I don't believe it's too obtrusive.

Okay. It might be worth looking into. Yeah. Just to make sure. If we need to remove that out of somebody's yard, then we probably had to do that. Um and then the the ones that did not get those communication towers, they just using cellular now to communicate. Yeah, they're using a different form of communication. Um evidently these communications line of sight and even with the towers some of these towers were 60 ft high because of the leaves on the trees at certain times of the year uh that the city just could not get the communication to work and obviously these towers you got these in people's yards they're they're obtrusive right

so the choice was the city made the decision not to use the towers but they understood that it was a costs that we incurred at their request. So, that's why they're agreeing to to pay for those.

Right. Right. Um Okay. Um I will say when I first got on the commission um I I can remember at least two or three sewer backups at Lake Sherwood that happened um just one after another and haven't had that happen since this has been done. So, um it's hopefully working. Yeah. Um, and and I might remind everyone just because we've spent six or $7 million out there, the work doesn't stop. Once we get the plant upgraded and KDH is happy with the fluent that comes out of the plant, we will continue to focus on the collection system and make sure that it is in good shape throughout the the treatment system.

Okay. Kurt, is this I'm sorry, nothing for me. Kurt, is this plant is this the first upgrade of the plant since it was built or are there other Gosh, I believe so. Some of this equipment dates from the original plant's construction and it has really outlived its normal usefulness. So, uh, yes, it's time for some of the things that we're doing. All right. Um, with that, I'll move that we approve. Second. Motion's been made by Commissioner Ripon, second by Commissioner Cook. All in favor say I. Those opposed. Motion carries. 30. Thank you. Thank you. You bet. Next item.

D, Treasur's Office one, consider approval of resolution number R206036, setting a refund policy for the overpayment of taxes and fees paid to the county treasurer.

Good morning, uh, commissioners. Susan Duffy, Shauny County Treasurer. Um, I have before you three cleanup items, as I call them. The first has to do with the um the ability of the board of county commissioners to and the treasurer to um set a policy uh regarding the overpayment um of amounts collected by the Shauny County Treasurer. Uh, in the past it's been a verbal policy. I believe it should be um a resolution in writing. On the motor vehicle side, it's set by law that anything under $5 is not returned to the taxpayer. However, on the Treasury side, we will set the limit at $3. You know, you can get a Big Mac for five bucks and a sausage egg biscuit and a coffee, a small coffee, but uh $3 at that point, we have exceeded our cost of handling and processing a refund. It's very rare that we have these instances occur, but we do need something that we are following in writing. Any questions?

No. I'll make a motion that we approve. Second. Motion's been made by Commissioner May, second by Commissioner Ripon. All in favor say I. Opposed. Motion carries. 30. Next item. Two. Consider approval of resolution number R2026037 to set a dormant policy on uncollected delinquent taxes after 20 years pursuant to KSA79-2101.

Thank you. Um Susan Duffy, Shny County Treasurer. Again, our second cleanup item. Uh KSA792101 allows the board of county commissioners to determine and allow certain tax lean judgments to become dormant if it remains uncollected after 20 years. and further that the treasurer has I have in possession um judgments uh from 1997 to 2004 that meet or exceed the dormcancy requirements of 20 years and we do not expect these to be collected. So at this point I'm asking and requesting that um we allow these to become dormant these lean judgments. Any questions?

How much money are we talking about that is dormant right now? You know what? Um, this is all on paper. I am I'm not sure of the total. It's not a huge um they're paper files and it's not a huge amount of files, but I do not have a total dollar. And the reason it's not been collected in 20 years is is the people are unknown or whereabouts unknown or basically that is correct and we have gone through with our collection process over the years and we have not it it's not been resolved. These have not been resolved.

What happens to this property then? These are taxes on the property. So

does could have changed hands. We don't know. I mean, it Yeah. about 6% of our property taxes at any given time remain uncollected. So, I imagine it falls into this cate category. This is a routine. You guys did this back in I believe 2012 or 2014 was the last time a resolution was presented. So just to clarify um this applies to everything that's over 20 years currently. Does it apply prospectively as well? So future things when they hit 20 years they go into this or

come back with another resolution. So will it be advisable to just do that prospectively? So you wouldn't have to come back. We thought about that, but at at this time I think um where I am in the process, this is where I would like to be. Okay, I'll make a motion to approve. I'll second. Motion's been made by Commissioner May, second by Commissioner Ripon. All in favor say I. Opposed. Motion carries. 30. Thank you. Thank you.

Three. Consider the request to retain vacant positions within the motor vehicle division for future use.

Good morning, Commissioner Susan Duffy, Shauny County Treasurer. Uh you all passed resolution 202419 which established um uh idle vacant position request um to come to you by uh April 30th of this year. If we have vacancies that are open for more than one year, I have three positions and basically those positions have been vacant because our um motor vehicle funds have been stagnant as you're aware. Um we we do not use property tax money to fund the motor vehicle side. It is based on fees paid at the time that individuals come in and as people have left the positions have not been filled. However, um this has resulted in some days two three-hour waits um for people to get the work done. And if funding does become available with the passage of Senate Bill 325 and if the governor signs that additional funding may become available which may assist us in being able to fill a position to lessen the length of time um that we that we ask our uh county citizens to wait.

Go ahead. Uh on the account clerk three, it's been open for five years, um five and a half years. Is that something where maybe it might be good to let that expire and then when funding becomes available create a new position in a different capacity that's appropriate for what you need at the time?

Um you're correct that could work. What having been in this position for a little over a year, I'd really like to take the opportunity to see on the management side that account three, accountant three really represents um the knowledge they've acquired, the skill they have, the ability to assist the account clerk once in their daily job. And out at the annex, we we really have one person who is doing that. And um if at all possible, it would be nice to have two people. When people walk in with a bundle of papers and the way the state has with the title work and things we have to do and what we require of them, it gets complex and confusing and we really need somebody at that higher level to figure it out. What can we do to get this done and satisfy the department of revenue as we are their agent in the county to do this work and make sure that they leave with the proper documents. Um, I understand what you're saying. I don't know why it was held vacant for so long, but we could always reclassify it downward if we need to, and I would work with audit finance to do that. But at this time, um, knowing that we have a deadline of April 30th with you all to get these approved, I'd just like to take the three and and just hold them there. They're I mean, it could be we give them up at some point in time.

All right. Is there a motion? I mean, yeah, I guess I'll make a motion that we approve. I'll second, but if the state does not come through with their funding, we should revisit this issue, especially considering we've been holding one position open for more than 5 years. Absolutely. I would agree that just um I was kind of shocked to see that myself. Okay. Now the state they gave us they gave us some funding for handling. When was the last time they 2012 2012

was the last time and that was the facility fee and 1984 was when um uh the fees were enacted the majority of the fees. But 2012 we were allowed to start charging the facility fee. And other than that the state gets the bulk of the money. It goes to the department of revenue, to the highway patrol, and to K dot to fund roads. And this house bill, does this does this increase this funding or is this a different type of funding?

It allows us to um convert that facility fee. They've renamed it and we would be allowed to um charge an additional amount not just on walk-ins, but also on mailins as well. So, it could um for a number of counties who rely on on mil levy money, it will be definitely a gamecher for them. But for us, it may just allow us to fill that additional position. One position, I mean, if it's somebody's just renewing, it goes quick. But if you get something complicated, you can tie up a person. the other day with vacations and sick leave, we only had two people at the front and that was not good. So, we had to move a manager in there to uh make sure we were processing people in a but it fills up quick. A lot of people like to come in um and see us and pay. The annex is usually busier than the courthouse and again providing that good quality service to our citizens to get in and out the door.

Okay. All right. Any other questions? No. We have a motion. Commissioner Mays, second by Commissioner Cook. All in favor say I. Those opposed. Motion carries. 30. Thank you. I appreciate it.

Next. E, election office one, consider approval of resolution number R2026038 establishing compensation for Shauny County election workers. Morning, commissioners. Andrew Howell, Shauny County Election Commissioner. Uh, our request uh for this attached resolution is just basically for a modest increase in what we pay our election workers. It's going to it's going to amount to about $10 per election worker um for each election and so happy to answer any questions if you have on that. Um it is we do have the funds for this in our current budget. So you have questions I'll be happy to stand for questions.

Any questions? Move for approval. I'll second. Motion's been made by Commissioner Cook, second by Commissioner Ripon. All in favor say I. Those opposed? Motion carries. 30. Thank you. Next item, F. Health Department one, consider approval to reclassify a Shauny County Health Department registered dietitionian to a Wick nutritionist.

Good morning, commissioners. Theresa Fischer, director of the health department. Um, before you is a request to reclassify one of our vacant registered dietitian positions to a Wick nutritionist. Um, there were several factors that went into considering this reclassification. Um, one is we we do currently have a vacancy and registered dietitians are becoming harder to find here in our state. Um, second of all, this was a cost savings and with the WIC budget, um, we thought this would be a good move um, to look at something that would potentially be some cost savings. And lastly, it still meets all of the requirements um, to complete the um, the certifications at a at a wick appointment. So with that, I um my team and I worked extensively with both human resources and Teamsters to create this position and Teamsters was in favor of reclassifying this position. With that, I'm happy to answer questions you might have about it.

Questions? N I'll move for approval. Second. Motion's been made by Commissioner May, seconded by Commissioner Cook. All in favor say I. Opposed. Motion carries. 30. Thank you, C. Next item, G. Department of Corrections one, consider approval to accept a bid from SAMCO contract C2026138 for the repair and activation of the fire line for the department's work crew building at a cost of 95,400540 to be paid from the fisc year 2026 contingency fund.

Good morning, commissioners. Brian Cole, Shny County Department of Corrections. the uh uh board of commissioners approved the department of corrections to go out for an RFP to allow us to connect the fire line to the city water to uh come into the uh facility to uh ensure that we have life-saving measures when it comes to the uh fire suppression system at the at the uh inmate lawn crew building. uh that uh we did have one uh bid that came in uh with Samco that this is a company that we work with uh routinely that it does outstanding work. Uh it is higher than what we expected at the very beginning. Uh but we found out that the cost of materials has gone up since the RFP or since when we got the uh original estimate and also when it comes to us tearing up the road, the city's going to require us to re uh to repair that road back the same way that it was. and and I it to me I thought it was just filling up a hole, but uh no, there's different layers of everything that goes to uh constructing the uh uh uh the road back to where uh it is properly maintained. Um that uh I did speak with Jennifer regarding this uh because this is something that we have to get done. It was unexpected uh that it was uh disconnected and we going along with the renovation of this this area. And so I would stand for any questions you have. That was contingency fund.

I'll move for approval. I'll second. Motion's been made by Commissioner Cook, second by Commissioner Ripon. All in favor say I. Those opposed. Motion carries. 30. Thank you. Next. H. Parks and Recreation one. Consider approval of contract C2026135 with professional engineering consultants PA to perform a structural assessment of the original Gauge Park greenhouse to determine the building structural capacity at a cost of $3,000 utilizing Gage Park sales tax funds.

Good morning, commissioners. Tim Lorett, director of parks and recreation. Uh the old greenhouse which is situated there right uh behind the current greenhouse is in uh is in pretty bad shape. It's been it hasn't been used for anything in several years. Not since I've been here for sure. So that's at least seven years. Uh we just looking at it, we know that it has that there's a lot of work that needs to be done. The roof probably well the roof absolutely needs to be replaced. I think the reason we're well the reason we're doing this however is that there is a fulllength basement underneath that structure and um we're that it has significant water issues, black mold issues. Uh we're concerned about the structural integrity of that of the basement and we want to we want to have somebody come in there and give us uh their professional opinion on what condition it's in before we try to rehab that structure and and do something different with it. Be happy to answer any questions

questions? No, I'll move for approval. I'll second. Motion's been made by Commissioner May, second by Commissioner Ripon. All in favor say I. Those opposed. Motion carries 30. Next two, consider approval of contract C2026140 with We Build Fund Incorporated utilizing the byboard purchasing cooperative for purchasing benches for Gage Park Clayland. The attached proposal of $114,573 will be funded from the Gagege Park sales tax funds.

Tim Lorett, director Parks Recreation. So, these are, as the clerk stated, these are benches and picnic tables for the uh playland area that we're currently renovating. What you're looking at there is a an ADA accessible picnic table. Uh we are buying six picnic tables, two of which are ADA. And uh let's see, there's the the uh the other style. There's one of that's obviously not Gage Park, but there's an example of um the uh some of the benches that we're putting in. So, all told there are 20 benches. Um they they come all together. They'll come in 30 different sections. Uh some of them are curved. We in in a in a few spots in Playland. So, this has been part of the overall project and and we honestly we've measured and reme-measured several times to make sure that these fit in those areas. Um, it it these are custom. Uh, it's a little bit more than we normally spend on a park bench. Uh, however, the warranty is uh significantly longer. Most of them it's a year. This these are five years. Um I I brought obviously you can't see these but they're um highdensity recycled plastic is the surface which is ideal for this. Um can it be vandalized? Absolutely. Uh but this surface uh does make that easier to repair. Uh you don't necessarily have to replace it. Sometimes you can get that out. So uh very rigid, very strong, great warranty. We think it'll be a great addition to the park and we are using the byboard uh cooperative and gauge park improvement funds will pay for this. I'd be happy to answer any questions.

Sure. Yes. Tim, I just want to make sure that you know again context of how much things cost because I know that that's sometimes what we as commissioners get shocked by is what things cost. Um the picture you showed of the handicap accessible um that's $4,385 a picnic table. Oops. Yeah. They're they're Well, yes. Picnic tables and benches in general are are relatively expensive. And so I think that when the general public looks at a picnic table, they don't think of it being, you know, $4,385. They think of it being about maybe $500. Yeah.

Because that's what you if you were walking through Walmart or Sam's Club, maybe that's what you saw or you know even a Menard's maybe that's what you saw for a picnic bench.

I think the difference between what they're seeing when they're at their local store, big box store are things that are designed to be used uh by residential customers. The things that we're purchasing are designed to be used in a in a park setting where quite frankly they will be used and abused. U you if you've been fortunate enough to drive by Playland here recently and see the developments that are happening there, there are going to be thousands of people using these benches and picnic tables uh weekly. And so we have to get something that we think is going to hold up and we are going to pay more for that than we would if we went to to Home Depot. Uh but it's not that much more than what we're paying when for any other bench that we use in any other park. The full bench, not handicap accessible, was 4,585 a picnic. Um, and then that open seated area, it looked like it was about $3,140 a section. And again, I just I bring this out as context of what do things actually cost um when you're, you know, designing something for the public that's going to last for a long period of time as opposed to what you might put in your backyard.

Correct. Tim, uh, what about installation? Is this done by our staff or or or we uh Yes, we will do the installation. Um all of these um and I don't have a good I don't have a good photo. They will be bolted down.

They're bolted down. They're surface mounted. Um, and a lot of the what we've done in in a lot of areas is as we finish out this playland renovation, there is a lot of curbing that goes around the the safety surfacing and a lot of these will be and and that curbing is about a foot wide in most cases and these will be bolted onto those curbs in that area. So there are some that are also we have some walls that are some some low uh walls that uh where those benches will be mounted on the side of those walls. So these are different applications than what we normally do in in our in the rest of our parks.

So stand reminded Rich reminded me. I was already standing. Does that mean I have to sit? You get to sit anyway. Um, all right. Uh, there's no other questions. I would move for approval. Second. Motion's been made by Commissioner Ripon, who wants to sit down. Second by Commissioner Cook. All in favor say I. Those opposed. Second by Commissioner M. Second by Commissioner Mazize. All in favor say I. Those opposed. Motion carries. 30. All right. Next item.

Three. Consider approval of contract C2026144A1, a guaranteed maximum price amendments to contract C2026021 with KBS constructors for the site package portion of the gauge park carousel renovation project which includes demolition, utilities, railroad track work, earth work, drainage and site preparation.

Uh good morning again commissioners. Tim Lurren, director of parks and recreation department. So, as the clerk stated, this is the uh the early package for the uh site improvements to the carousel project. Um it's u I don't want to just reiterate what she said, but uh it is essentially all of the everything we need to do to get ready to start building and renovating that carousel uh uh site. Um what this is not uh this this does not uh approve the full carousel project. Um this doesn't lock you into any future phases of the carousel project. Um this is just the first step to get this project moving forward. U as you know we're we're on a fairly tight timeline. Uh we want to have this completed and be in this facility by June 1st of next year, 2027. And this will be the first step that will get us uh actually working. Um this does then allow us to have more conversations about the rest of the project and what it'll ultimately be and look like and cost. Uh, with that, I do have representatives from uh, KBS and also HDK here. If you have questions that I I can answer, I'm sure they can and we would be happy to do that.

Um, I do have a question. Tim, during the site preparation, uh, we're tearing down the old carousel building. Where's the carousel? I mean, are we maintaining the carousel in its exact spot? about removing the carousel somewhere else.

That's a great question. The carousel is going to remain right where it is through the entire process. So, that uh that is not part of what we're approving today, but we will go in there and essentially build a a shell around that carousel to protect it. Uh that that frame and that structure that is around it will m will remain. And so that's one of the one of the big emphasis is that we don't want to disturb the carousel and damage it in any way.

I mean the preliminary plans that you know you and I have reviewed talk about a construction of a whole new and I think we've talked about you know a whole new facility with additional amenities around the carousel. Um is there I mean should we move the carousel out so that you can just wipe the slate clean and build

I I I don't think so. I think we've had extensive conversations about that. We think this is the is the the best way to do it and probably the most cost-effective. Uh that carousel is is is old. Uh it is uh in some ways fragile. Uh part of this process as we move forward, we'll be doing a little bit of of rehab on the carousel itself. Uh just to make sure I think once we're done, I anticipate that carousel getting a lot more use than it's getting now. And so we want to make sure that it continues to run for for as long as we can keep it going.

Um this new shelter addition will that will be replacing big gauge shelter as far as our use is concerned part. Correct. Correct. And u so the old gauge big gauge shelter will become part of the the zoo then at that point. Right. the zoo will uh start programming that and doing things uh as just part of their daily operations uh after June 1st of 2027. And then our back to nature camp which always was usually based out of Big Gate Shelter would then move over to this

facility. Absolutely. Yeah. It's uh it's our it's our most popular camp um by far. It's not even close. And so this will allow us to just continue hopefully without missing a beat offering that program. It would just be based out of this new uh space off the carousel building. Yeah.

Commissioners, the only thing I will add is that we've got Big Gate Shelter. When I say God, I'm not using a legal term here, but we have control of it through the merger. So, in order for us to turn it over to the zoo, who's not a party to that contract, there is going to have to be additional paperwork. We'll have to have uh something that that will be voted on by this commission to enable that. Okay. And then would it have to be approved by the city of Topeka as well? We're looking into that. Yeah, it might it might well have to be a tripartite agreement. Okay. We haven't started on that yet because we're years away still, but

yeah, it might be good to remove the horses off the carousel. I don't know. I think as part of this process, we uh well, I don't I shouldn't say I think as part of this process, we are going to uh remove them in some fashion because we're going to paint them and rehab several of them. So, and uh there is kind of a balancing act there. You have to balance out the weight. Some horses are bigger than others,

right? And that's that kind of goes to what I said earlier in the fact that we are we we're working with HTK right now. They're they're actually reaching out to companies all over the country that that work on carousels and rehab carousels to try to make sure that we're doing everything we can uh to improve some of that. Uh we're also talking about uh we're exploring ways to make the carousel more ADA friendly. Uh they're they make ramps that would allow people to transfer on. Uh so we're looking at all those things. Yeah. What whatever you do, don't use car body finish on the horses. Yeah, we we

I'm serious. That's that's something. Yeah, it'll last for a long time, but you ruined the antiquity. There are You're right. And there are folks uh around that that do this. Okay. And understand. All right. Any other questions? I would move for approval. Second. Motion's been made by Commissioner Ripon, second by Commissioner Mays. All in favor say I. Those opposed. Motion carries. 30. Thank you. Next item. Item five, public comment.

I do have one person signed up, Irma Forbes. I would like to thank the body for having me this morning. My name is Irma Forbes. I'm the founder and president of the Gilcotta Initiative. Um it was brought to my attention that the Gil Carter Initiative is um lacking in tax payment and would be sold this coming um sale period. I have um I was given the property in 2018. The sale tax was paid up till that point. Um I signed off the latter part of the year. So the first part of the taxes was paid. Um I did not know that we were owing second part because I was never notified. I was never sent a bill until 2025. So during that time when they found out that we owed the taxes um they compiled the taxes for both the first part of the year which it was paid. The first part was paid. So they add the $2,936 for the first part of the year to the same amount to the second part of the year plus um 1,900 penalty for the first part of the year, 1,900 for the second part of the year with a total of almost $10,000.

And then they sent me a bill for that at 2025. I think um I went down to the appraisal's office and we had a conversation. I said I think it's only fair that since the taxes for the second part of the year was still owed I should pay that. But I don't think it's fair that without any notification until that time that and all the compiled taxes and fees added to it and have me responsible for it. The person who donated the um property to us, we were nonprofit. the person who donated the tax the property to us had paid the first part of the year that I signed for it that was 2018. So I was responsible. So I assume getting notices from the appraisal office saying this is not a tax bill. It's information and with no um invoices. I had no way of knowing that I had taxes to be paid. I think it's my responsibility to pay the taxes, but I think the appraisal's office is their responsibility to notify me. And if they did notify me, I don't think I should have all these fees and um to added to the current taxes to pay. So when I went down to the office, I said, I'm willing to make the payment for what was owed at that period of the time, but I think all the other things should be dropped. So, um, the person to whom I spoke was going to look into it and get back to me, and

I made calls, and it's being looked after. And now, lo and behold, my property worth over $900,000 would be sold for $10,000 at the next period. And I don't think that is fair. Um, I think I'm asking the body to put a stay on the sale of my property until this thing could be sorted out. And like I said, I'm willing to pay what I think is fair and and and just. Mr. May or Commissioner Good,

I might, Miss Forbes, you might uh speak with our county counselor. um he handles the tax foreclosure sales and so after the meeting if the two of you can speak and see uh what resolution or what things there may be. Sometimes the county is um handicapped in what the law allows us to do. Um there may be restrictions by law on what we can or cannot do about past taxes u and fees and such that I do see that all the taxes are paid except for that one part of 2018. Yes sir. Um yes. And so I would just encourage you to speak with Mr. Eert as soon as the meeting ends to see what we might be able to do. Thank you kindly. Thank you.

The good news is there's there's plenty of time. We we have two tax sales going. I I'm guessing because one of them is a Orange Bay tax sale, the paperwork on yours is in the other tax sale which won't go off until September. So there's not a time urgency, so we had time to work through this. Okay. I thank you. Am I still seeing you after? Yes. Thank you. All right. Anyone else wishing to speak? This is your time. All right. Seeing none, uh, what's next? Next on the agenda is item six, administrative communications.

Good morning, commissioners. Angela Lewis, director of administrative services. April 15th, mobile mammography will be on site in partnership with the city of Topeka. They'll be parked right across the street. If you have county insurance, one mammogram per year is free and it's one of the most important uh exams a woman can get each year and we hope everyone participates. I'd be happy to answer any questions you may have. Thank you.

Thank you. Commissioner Susan Duffy, Shauny County Treasurer. Uh last Friday, um we did our mailing out for the second half of property taxes. Uh we noticed an uptick on phone calls um on Monday morning. They are due May 11th. And um as of yesterday um we have about $128 million still owing. And last year at the same time on April 8th it was 126 million. May 20th last year after the deadline, which was May 10th, I believe, last year, we still had $14 million owing in property tax. And by November 6th, the amount was down to $7 million. So, quite a bit of work to go between here and there. A lot of folks are walking in with checkbooks. We we take checks, we take cash, we take cashiier check, we take Google wallet, we take Apple. Um or folks can go online and make a payment um through ICAN. There is a 2.5% fee whenever anybody uses a card, whether in person or through the mail. But um we've been busy. We've been thanking people when they come in making that second payment. Uh we know it's quite a lug and uh we appreciate folks coming in and and doing that. Any questions?

Thank you. Thank you very much.

Morning commissioners. Ashley Gilin with parks and recreation. I wanted to let you know that with spring now we are officially starting tulip time. Uh it will run from April 10th through the 26th. Our tulips are in full bloom at Lake Shaunie at Teninsley Gardens, Gage Park Store and Rock Garden, and Old Prairie Town at Warme. Uh tulips at Twilight will kick off this weekend. It will run uh Thursdays, Wednesdays, Thursdays, and Fridays and Saturdays and Sundays. And they will go uh from 7 to 10:00 p.m. And that is a uh experience for everybody to have. And it is with our friends of board me. Um, and we're really looking forward to it this year. You guys have any questions? No. Thank you. Looking forward to it. Great events. Thank you very much.

Anyone else? Commissioner Mays. Well, I thought Amanda might want to talk about the bingo night um that we had. Uh but uh I Well, I'll I'll talk about it. We had a a bingo night last night for county employees as a fundraiser for Helping Hands Humane Society. Had a great turnout. I know a lot of people in the room right now were there. So, um really great to see our employees stepping up to help a local charity. So, pretty cool deal and uh thank you for all the work that you guys put into it. Mr. May, who do you think was the best bingo caller? Susan Duffy. Susan Duffy probably.

Most enthusiastic bingo caller. I think Joanie had a special guest that was um the cutest. Yeah, the cutest. We had a cute bingo caller as well. Yeah. Most enthusiastic bingo caller, Susan Duffy. Not know I Commissioner Cook. Uh we do have hockey this weekend. This is uh the Scarecrows have made the playoffs and so this is your last opportunity to see them before they uh make the playoffs uh next week. and uh we've had great attendance at Landon Arena and hope to see everybody else.

Very good. Uh I just wanted to mention next Monday we are having a a public hearing on solar energy. So uh we'll have that on Monday at 9:00. Uh I would just say one thing, Commissioner. I really like the moment where we stand up after one hour until Councilman Banks stood up and I reminded myself that I'm 5' 10 with my shoes on. All right. All right. What's next? Next item is item seven, executive sessions.

We do have a need to go into executive session. So I move that we recess into executive session for a period not to exceed what do we have three hour and a half then uh for uh personnel matters of non-elected personnel for the purpose of department head evaluations uh for a period not to exceed an hour and a half. So second time right away motion's been made by commissioner ripon second by commissioner cook all in favor say I. is opposed. Motion carries 30. Let's start at uh 10:30 minutes. You want five? All right. I don't sign real fast. Uh okay. At uh at 20:25, we'll go into executive session.

10:25 or 10:25.

Um, we are back in session. No action taken at this time. So we're journ