The Lyon County Board of Commissioners met in Action Session at 9:00 a.m. in the Commission Chambers with the following people in attendance:

Rollie Martin, Chairman                                                    Scott A. Briggs, Commissioner
Tammy Vopat, County Clerk                                             Dan Williams, County Controller
Molly Priest, Asst. Co. Counselor

Others attending the meeting:
Shayla Gaulding, Gazette reporter                                   Jim Brull, Road & Bridge
Matt Baysinger, Road & Bridge                                        Ken Duft, Commissioner elect
Josh Stevenson, Road & Bridge                                      Chip Woods, County Engineer
Teresa Briggs, Lyon Co. Food & Farm Council

Call to Order / Pledge of Allegiance

Motion: To Approve the Agenda as presented. Martin/Briggs 2-0

Motion: To Approve the Minutes of the 12-15-2022 meeting. Briggs/Martin 2-0
Motion: To Approve Warrants Payable 12-23-2022 in the amount of $180,569.72. Briggs/Martin 2-0

Motion: To Approve Payroll Payable 12-23-2022 in the amount of $319,016.93. Martin/Briggs 2-0

Motion: To Approve Payroll Withholdings Payable 12-23-2022 in the amount of $507,032.13. Martin/Briggs 2-0

Appointments: Commissioners discussed a vacant position on the Americus Township Board.

Motion: To Approve appointing Bob Arndt as the Americus Township Treasurer. Briggs/Martin 2-0

Motion: To Approve the Kansas Association of Counties 2023 Membership Dues in the amount of $7,857.23, to be paid from Fund 010-01-7260. Martin/Briggs 2-0

Motion: To Approve Rescinding the 3-10-2022 Motion to approve the invoice from Election Source in the amount of $4,125.00 for the 2022 poll pad annual license fees to be paid from Fund 010-21-7600.
Martin/Briggs 2-0

Personnel changes: Commissioners reviewed personnel changes.

Motion: To Approve the Personnel Change Authorizations as presented. Briggs/Martin 2-0

Permits: no action taken.

Controller Williams presented Commissioners with a request to consider rescinding a motion to approve the appropriation and 2 letters of support for the Emporia Main Street EDA grant to be paid from Fund 044-00-9811 (ARP Funds); rescinding a motion for the purchase of a truck; consider the fees for the 2022 audit; consider the purchase of oil pump service equipment and lifts for the new road shop; consider purchase of P90 ironwork.

Motion: To Approve Rescinding a Motion to Approve the Appropriation of $375,000.00 and two letter of support for the Emporia Main Street EDA Grant to be paid from Fund 044-00-9811 (ARP Funds).
Note: The grant was not awarded. Martin/Briggs 2-0

Motion: To Approve Rescinding a Motion to Approve the purchase of a 2022 Ford F150 4×4 crew cab truck in the amount of $33,993.00 from John North Ford to be paid from Fund 017-00-9016.
Note: This order was cancelled. Briggs/Martin 2-0

Motion: To Approve the 2022 audit fees for Agler & Gaeddert in the amount of $37,000.00 to be paid from Fund 010-01-7399. Martin/Briggs 2-0

Commissioners gave direction to Controller Williams to sign the contract with Agler & Gaeddert.

Motion: To Approve Myers Brothers of Kansas City purchase of oil pump service equipment and lifts for the new Road Shop in the amount of $310,840.13 to be paid from Fund 044-00-9026. Briggs/Martin 2-0
Note: ARP Funds being used for this purchase.

Motion: To Approve Piranha Company purchase of $54,338.00 for Bridge Shop P90 Ironworker, to be paid from Fund 044-00-9026. Briggs/Martin 2-0
Note: ARP Funds being used for this purchase.

County Engineer Chip Woods presented Commissioners with a request to consider encumbering funds for improvements to the Americus Road and the bridge replacement over Troublesome Creek; the purchase of right of way property.

Motion: To Approve encumbering $100,000.00 to KDOT Fiscal Services for Lyon County Project Number 22-22, the HRRR Project for the improvement to the Americus Road from Road 245 north to Highway 56, KDOT Project Number 56-C 5188-01 to be paid from Fund 017-00-9026. Martin/Briggs 2-0
Motion: To Approve encumbering $100,000.00 to KDOT Fiscal Services for Lyon County Project Number 21-34, the bridge replacement over Troublesome Creek on County Road J, KDOT Project Number 056-C-5145 to be paid from Fund 017-00-9026. Briggs/Martin 2-0
Motion: To Approve the purchase of 5.48 acres of right-of-way from the Trustees of the Lee Roy Philips and Mary Ann Phillips Revocable Living Trust based on the June 30, 2015 appraisal by Timothy S. Bollinger for $41,000.00 to be paid from Fund 017-00-9026. Martin/Briggs 2-0

Public comment: no one present

Break from 1:40 pm. until 1:45 p.m.

Teresa Briggs presented Commissioners with an update on the Lyon County Food & Farm Council and discussed board members.

Motion: To move to Legal Executive Session for confidential data exchange with Commissioners, Teresa Briggs, and Counselor Priest, to return at 2:05 p.m. Martin/Briggs 2-0
Meeting reconvened at 2:05 p.m. with information.

Motion: To Approve canceling Purchase Order #11857 dated 3-29-19 to BG Consultants Inc. with a balance remaining of $750.00. This project is complete and there will be no more billings for this purchase order Briggs/Martin 2-0

Motion: To Approve canceling Purchase Order #11873 dated 5-31-19 to BG Consultants Inc. with a balance remaining of $700.00. This project is complete and there will be no more billings for this purchase order. Martin/Briggs 2-0

Motion: To Approve canceling Purchase Order #11892 dated 12-30-19 to Hamm, Inc. with a balance remaining of $26,113.48. Lyon County no longer uses this company. Briggs/Martin 2-0

Motion: To Approve canceling Purchase Order #11924 dated 4-30-20 to Alfred Benesch & Company with a balance remaining of $1,027.20. This project is complete and there will be no more billings for this purchase order. Martin/Briggs 2-0

Motion: To Approve canceling Purchase Order #11925 dated 4-30-20 to Professional Engineering Consultants, PA with a balance remaining of $2,880.00. This project is complete and there will be no more billings for this purchase order. Briggs/Martin 2-0

Motion: To Approve canceling Purchase Order #11935 dated 11-30-20 to Alfred Benesch & Company with a balance remaining of $37,373.90. This project is complete and there will be no more billings for this purchase order. Martin/Briggs 2-0

Motion: To Approve canceling Purchase Order #11954 dated 5-25-21 to Professional Engineering Consultants, P.A. with a balance remaining of $7,201.58. This project is complete and there will be no more billings for this purchase order. Briggs/Martin 2-0

Reports:
Commissioner Martin:
• No Council on Aging meeting this month.
• Next week is the public hearing on republishing the budget.

Commissioner Briggs:
• No report.

Clerk Vopat:
• Merry Christmas everyone, be safe and enjoy the holiday.

Counselor Priest:
• No report.

Controller Williams:
• Met with BCBS representatives.
Motion: To move to Legal Executive Session for attorney/client privilege with Commissioners and Counselor Priest, to return at 2:30 p.m. Martin/Briggs 2-0
Meeting reconvened at 2:30 p.m.

Motion: To move to Legal Executive Session for confidential data exchange with Commissioners, Controller Williams, and Counselor Priest, to return at 2:40 p.m. Martin/Briggs 2-0
Meeting reconvened at 2:40 p.m.

Motion: To Adjourn. Briggs/Martin 2-0

There being no further business before the Board, the next Action Session will take place on December 29, 2022, at 9:00 a.m. in the Commission Chambers.

Attest: Affirm:

____________________________________________ _______________________________________
Tammy Vopat                                                                     Rollie Martin, Chairman
Lyon County Master Clerk                                                 Lyon County Commission