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									                    LYON COUNTY COMMISSION MEETING
                              May 15, 2008

The Regular Session of Lyon County Commission was called to order at 8:00 a.m. in
Commission Chambers with the following people in attendance:
      Scott A. Briggs, Chairman          Marc Goodman, County Counselor
      Marshall F. Miller, Vice Chairman Karen K. Hartenbower, Master Co. Clerk
      Bob Davis, Commissioner            Dan Slater, Controller

Others attending were:
       Kay Calvert, LWV Representative      Rick Frevert, Emergency Manager
       Gary Eichorn, Sheriff                Gary Post, County Appraiser
       Bobbie Agler, Finance Consultant     Brandy Nance, Gazette Reporter
       Chris Walker, Resident               KB Thomas, Jr., Resident
       Myron VanGundy, Resident             Bob Clifton, Resident
       Jerry Karr, Resident                 Jim Kessler, City Commissioner
       Jim Brull, Asst. County Engineer     Warren Chip Woods, County Engineer
       Chuck Hanna, Resident

Motion: to approve the Agenda as presented.           Miller (Davis)         3-0
Motion: to approve the Consent Agenda as presented.           Davis (Miller)        3-0
      A. Warrants payable 5-9-08 in the amount of $168,148.12
           Warrants payable 5-16-08 in the amount of $179,693.97
      B. Payroll payable 5-16-08 in the amount of $224,817.39
      C. Payroll withholdings payable 5-16-08 in the amount of $241,735.17
      D. Minutes of the May 1, 2008 meeting as corrected
      E. Approve purchasing approximately 628.08 feet of used 26” steel casing from
          Henry Hoelting at $25 per foot for a total of $15,702 to be paid from the Road
          & Bridge Fund 8-11-00-0302-17
      F. Approve the quote for Cutback Asphalt for 2008 so that Road & Bridge can get
          asphalt from any of the approved vendors as needed
      G. Approve sending Jim Brull, Virgil Morris & Fred Kurzen to the Managing
          Emotions Under Pressure Seminar in Topeka on July 30, 2008 and pay the $99
          per person registration and related travel expenses from Road & Bridge Fund 8-
      H. Authorize Chairman to sign Borrowers Agreement with Eppink Art Gallery,
          sponsored by Emporia State University

Motion: Executive Session legal – with Mr. Frevert, Sheriff Eichorn, Counselor Goodman
and Controller Slater and returning at 8:30 a.m.    Briggs (Miller)3-0
The meeting reconvened at 8:30 a.m. with directions given to Mr. Frevert, Sheriff Eichorn
and Counselor Goodman.

When asked Mr. Frevert said the south tower should be 100% operational soon.
                                                                               May 15, 2008

Mr. Agler discussed the month of April revenues, expenditures, account balances and
encumbrances. Again he said we were in good shape financially. He asked for a meeting
with Department Heads next week to discuss 2009 Budget issues. He said he will prepare
2 separate budgets. One will be the regular budget and the second one will be prepared in
case the 1% sales tax issue on the August 5th ballot passes. He suggested if the sales tax
question passes that the Commission should not use all the revenue as ad valorem tax
reduction. He said by the end of July they should have the budget ready for publication.

Appraiser Post said real estate value is up a little over 2% but personal property “is down

Motion: Resolution 32-08 canceling a current purchase order #989178 for $1387.
             Miller (Davis)        3-0

Motion: to amend Agenda changing Resolution 31-08 to Resolution 34-08.
             Davis (Miller)       3-0

Motion: Resolution 34-08 canceling a current warrant #142188 for $173.39.
             Miller (Davis)        3-0

Commissioner Miller reported Monday he conducted a tour of the Courthouse for Logan
Avenue 2nd graders. He attended the Tech College Board of Trustees meeting on Monday
and will attend the Tech College graduation. There will be an open house for the home
built by the Tech College Construction Technology Class south of Timmerman School.
Monday he will attend the Department on Aging Advisory Board meeting. He also
reported receiving the Flint Hills Community Health Center monthly report which will be
discussed next week. He has received Springsted financial report too.

Clerk Hartenbower attended State meetings last week and reported 4 staff members from
her Office received HAVA training as required by Federal Government. She has ordered
new canvass Provisional Ballot bags. She also reported that smaller counties were
concerned about the voice recording for visually impaired voters. Their cost ranges from
$4000 to $7000 per election and we do that in-house saving a lot of money. She reported
receiving a call from the Legislative Reviser’s Office concerning any contracts the County
might have with Newman Regional Hospital and Quorum. We have no contracts what so
ever with Newman Regional Hospital. Yesterday a man from California requested copies
of all Commissioner contributions while running for office since 2004. Also at the State
meeting PVD said they do not know of a way to estimate ‘Equipment & Machinery Slider’
revenue for 2009 Budget. Yesterday by invitation she ate lunch at Holiday Resort.

Controller Slater said Newman Regional Hospital is looking at a different way of getting
rid of hospital equipment through a auction service similar to Purple Wave.

Commissioner Briggs reminded that at 3:00 p.m. this afternoon is Drug Court Graduation
for 12 individuals.

APPROVED                                      2                           APPROVED
                                                                               May 15, 2008

Public Comment Time
Mr. Hanna spoke in favor of the proposed 1% sales tax ballot question. He said the
positives out weigh the negatives. He said the sales tax will hold property tax rates even
and be responsive to the needs of the community.

Controller Slater, at Commissioner Briggs’ request, outlined how the sales tax would work.
The first half will be divided by population and the second half divided by tax abstract.
The City of Emporia would receive 54% of the revenue, Lyon County 41% and the 3rd
Class cities would divide the last 5 %. He said the cities do not have to say how they will
spend their share but the county must designate where their tax money would go. It will go
for ad valorem tax reduction and capital outlay. He said hopefully it will lower the mill
levy for Lyon County by 6 to 8 mills.

Counselor Goodman said there is a statute we must follow which requires those who
propose to levy additional retail sales tax. Because Lyon County is proposing the increase
they must state how they will use their share of the proceeds. Every city in Lyon County
will receive something.

Mr. Thomas also spoke in behalf of the proposed sales tax but he was concerned how the
City of Emporia would spend theirs. He shared several ideas. He was especially interested
in development of property by the new turnpike exchange area.

Mr. VanGundy also spoke in behalf of the proposed sales tax and said maybe it should
have been done earlier. He said he thinks it is necessary.

Commissioner Davis said he supported the proposed sales tax and shared information he
has collected in Iowa and Minnesota where their sales tax is much higher than ours. He
also said the small communities needed this tax revenue. He said that Lyon County should
join with other area counties to promote themselves.

Commissioner Briggs said he wants to be sure to get facts out to the voters. He wants no
misconceptions and he wants them to know exactly what the statutes require. Controller
Slater said he needs more information before he can put together what is needed.

Commissioner Kessler said he attended to hear and to listen. He wants to know the facts
and wanted to hear people’s comments.

Commissioner Miller said it would benefit the small communities. City of Americus needs
money for their swimming pool. City of Hartford needs infra structure repairs. He said a
½¢ sales tax would not be much benefit but a 1¢ would. He said they were already told
that there will be increased energy costs in 2009.

Motion: Resolution 33-08 causing proposition of 1% sales tax to the general election on
August 5, 2008. (This would be effective the last quarter of 2008, will sunset in 5 years
and would be for ad valorem tax reduction and capital outlay)       Briggs (Davis)       3-0

APPROVED                                      3                           APPROVED
                                                                                May 15, 2008

Counselor Goodman reported the meetings he has attended the last 2 weeks. Monday he
had lunch at the Holiday Resort. He sent Controller Slater an e-mail that he received
recently, about selling surplus property. Yesterday was the last day for one of his Assistant
County Attorneys and he has a replacement hired. They have completed crime statistics
for April noting numbers are the highest in cases filed in the last 4 years. There is a lot of
financial crime. Several counties are studying our Drug Court Program.

Commissioner Briggs reported attending Kansas County Commissioner meetings last week
in Junction City. There were 3 main topics – immigration, energy and clean air act.

Motion: Executive Session attorney/client – legal at Counselor Goodman’s request, with
Counselor Goodman and returning back at 10:40 a.m.         Briggs (Miller)3-0
The meeting reconvened at 10:38*a.m. with information given.

Motion: Executive Session legal at Engineer Woods’ request, legal with Engineer Woods,
Assistant Engineer Brull, Counselor Goodman and Controller Slater and returning back at
10:55 a.m.            Briggs (Miller)       3-0
Motion: to continue the Executive Session until 11:05 a.m.   Briggs (Miller) 3-0
The meeting reconvened at 11:04*a.m. with directions to Engineer Woods.

Motion: Executive Session at Engineer Woods’ request, nonelected personnel with
Engineer Woods and Assistant Engineer Brull and returning at 11:30 a.m.
              Briggs (Miller)       3-0
The meeting reconvened at 11:30 a.m. with information given.

There being no further business to come before the Board the meeting was adjourned at
11:32 a.m. until the next Study Session May 21st and the next Regular Session May 22nd.

Attest:                                        Approved:

______________________________ _________________________________
Karen K. Hartenbower           Scott A. Briggs, Chairman
Lyon County Master Clerk              Lyon County Commission

APPROVED                                      4                           APPROVED

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