July
2013
A Publication of the Kansas Association of Counties
In This Issue
My Turn........................................ 1
Kansas Bar Foundation
Grants........................................... 2
On the Road................................. 3
Building Local Connections:
The Douglas Co. Food Hub.......... 5
The Local Lawyer......................... 6
KCGI 2013 Workshop
Schedule....................................... 7
Kansas Housing Conference
Registration Open......................... 8
Employment Opportunies............. 8
Business Partners Program........ 10
My Turn | Opinion and Commentary
By Randall Allen, KAC Executive Director
Remember these Dates:
October 29-31, 2013
As I pen this article, many county officials are working on their
2014 county budgets. It is somewhat cruel that the primary budget
“season” for local government folks in Kansas is the warm weather months of summer
when everyone would much rather be outside. Nevertheless, the statutory deadline
to file your annual budget with the county clerk (on or before August 25, pursuant to
K.S.A. 79-1801) almost guarantees that county commissioners, clerks, other elected
officials, county administrators and managers, and county department heads devote a
considerable chunk of time in the summer to thinking about plans for the next year.
Recently, I listened to a county commissioner describe the fiscal situation of his county
over the past few years. He recalled how at one time, perhaps as many as ten years ago,
the prevailing mantra was to find ways to “do more with less.” The loss of $100 million
annually in demand transfers from the state, accelerated erosion to the property tax base,
flat or reduced property values, and sluggish local sales tax revenues due to the national
recession all led to some very different priorities and financial plans for counties. However,
the same commissioner, lamenting the only slight recovery to county revenues, offered
how the mantra has again changed, but this time to finding ways to do “less with less.”
We have had a sense, borne out by experience, that beginning with the 2008 national
recession, there would not be a recovery or return to the past as we knew it after this
recession. Quite simply, we would not return to the work plans of another time because
they are no longer sustainable. Instead, we now know that counties, like other levels of
government, will have to be increasingly strategic and focused and targeted in deploying
human and financial resources to provide essential services to citizens in our communities.
KAC
The 38th Annual Conference of the Kansas Association of Counties is being developed around
this sharpening of focus. Our conference theme, “On Point. Focused and Strategic….
Counties Move Forward” is to say that we as counties can be on the top of our game, resolute,
and confident, but that the margins are thinner and the allowance for error will be smaller.
To move forward, we must be more focused and strategic. Although we need to understand
and respect the policy decisions of the past, we are at a critical time in which we may have to
continued next page u
My Turn continued
break from the past and walk in some new directions. To not
understand and appreciate that things have changed is to risk
our future. To deny the change is to quarrel with inevitability.
and speakers to provide information and ideas, illuminate
best practices, and provide the best possible networking
experiences for you, the persons and organizations we serve.
In the next few weeks, you will receive information in
the mail and email about our upcoming 38th Annual KAC
Conference. This year, the conference is earlier (October
29-31, 2013) than in the past. We return to Wichita and
Sedgwick County, and again this year, we meet on a Tuesday
through Thursday. The world is a much more complex
place than ever before, and we are working on sessions
For now, be sure to write the 38th Annual KAC Conference
on your calendar for October 29-31, 2013. Watch
for mailings and information, and plan to come and
participate and learn and take back information that will
help you and others as we move forward together. In the
meantime, good luck in your budgeting efforts as you
make the very best decisions for your constituents. n
Kansas Bar Foundation Grants
In early August 2013, the Kansas Bar Foundation will begin reviewing applications for public service projects related
to the law and justice. The Bar Foundation administers the grants in conjunction with a program called the “Interest on
Lawyers Trust Account” (IOLTA). There is a helpful introduction to IOLTA on the Foundation’s website: (http://c.
ymcdn.com/sites/www.ksbar.org/resource/resmgr/Files/IOLTA_history_philosophy.pdf).
Last year, the Bar Foundation awarded grants to groups ranging from the Kansas CASA Foundation to Catholic Charities
of NE Kansas, to the YMCA. The Foundation lists the following requirements for grant applicants:
•
The applicant must be a 501(c)(3) tax-exempt organization. Some consideration will be given to local bar
associations which are 501(c)(6) organizations if the project is charitable in nature.
•
The applicant must agree to an audit or a review of their expenses if requested by the Foundation.
•
The applicant must provide quarterly reports detailing how the funds were used and who benefited from them.
•
Applicants will be required to demonstrate fiscal responsibility, program stability, and an ability to ensure the
effective and efficient delivery of quality services.
Interested parties can find an application here: http://c.
ymcdn.com/sites/www.ksbar.org/resource/resmgr/
Docs/2014GrantApplicationPacket.pdf, and the deadline for
submission is August 9, 2013. For more information, please
contact Anne Woods with the Kansas Bar Foundation at:
[email protected]. n
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2
County Comment is published monthly as the official
newsletter of the Kansas Association of Counties.
Questions or comments are welcome and may be
forwarded to Melissa Wangemann, Editor.
Kansas Association of Counties
300 SW 8th Avenue, 3rd Floor
Topeka, KS 66603-3912
Phone (785) 272-2585 • Fax (785) 272-3585
Website www.kansascounties.org
Randall Allen, KAC Executive Director
Jim Emerson, County Counselor for Crawford Co.,
serves as KAC President
Newsletter design by Rebecca Arensdorf
On The Road
By Norm Bowers, Local Road Engineer
Road Right-of-Way
Location
If you live in town you probably
have three neighbors; one on each
side and one in the back. Maybe
you have four neighbors if you count the street. The county
road department has a lot of neighbors, probably thousands,
because basically all the people that own land in the country
have frontage on a county road and are our neighbors. So the
county spends a lot of time dealing with neighbor issues. This
article concerns neighbor issues as it relates to the location of
the road right-of-way line.
The location of the right-of-way most commonly becomes
an issue in three situations: 1) A landowner had his property
surveyed and the survey shows the road is not in the “right”
place, 2) A landowner that is rebuilding a road right-of-way
fence may ask the county where he should build the fence, 3)
The county does some roadwork and the landowner believes
the county encroached on his property and therefore seeks
payment for damages. Be careful when these situations arise
and think things through, or you can follow a path that will be
costly and time consuming.
First let me explain how rural county and township roads
were originally opened. Roads were opened as areas were
settled and roads became necessary. In eastern Kansas that
was any time after the Civil War, and in western Kansas
usually before 1910. The standard procedure was initiated
by an interested landowner that would get a petition signed
by a certain number of people and then submit the petition to
the county commission. The county commission appointed
road viewers. The road viewers set a date and time to view
the road, and notice was published in the paper and sent to
adjacent landowners. At the designated time the road viewers
and the county surveyor would view the area where the road
was requested. The viewers issued an opinion on whether the
road would be of public utility, and would also determine the
most practical route of the road and the width of the road. The
county surveyor would stake the road location determined by
the viewers. Adjacent land owners would submit claims for
damages based on the location of the road, and the viewers
would recommend the amount they thought was justified.
The county surveyor made field notes of the road location
and would later draw the location of the road in a road record
book and perhaps place a copy in the road opening packet.
3
The county commission would receive the report of the road
viewers and order the road to be opened, or reject the petition.
If the road was to be opened the county would pay damages to
the adjacent owners. Over 100 years some of the records have
been lost, and I suppose it is fair to assume that not every road
opening was done as thoroughly and carefully as possible. But
I think it is fair to say that the current landowners knew where
the road was located when they bought the land.
If you have been in county work very long you have been
asked to move a road to the “right” location. The basic facts
are usually the same: the requestor had his property surveyed
and the surveyor found that the road was in the wrong
location. The road needs to be moved farther away from the
person requesting the work. As far as I know, no one has ever
asked for a road to be moved closer to their property and take
some of their land for free, just to make things right.
The first impression is that a road should be in the right place,
and putting the road in the right place is just the right thing
to do. But then you start thinking about how this would be
done. If you move the road over ten feet you make one owner
happy, but the landowner on the opposite side of the road is
going to lose ground and will be upset. A similar situation
came up in 1886 and was settled by the Kansas Supreme
Court. A township was doing road work and wanted to put the
road in the correct location as shown on the county surveyor’s
field notes and plat. The court ruled the road location was
established by the original survey and opening, and the
county surveyor’s field notes and plat must yield to the actual
location where the road was opened. The court did not allow
the township to move the road. The “right” location for the
continued next page u
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On The Road continued
road is the location where it was originally opened probably
over 100 years ago. A survey now just reveals where the road
theoretically would be located.
There are a lot of reasons that a modern surveyor may
not come to the same location as the original surveyor. A
monument may have been lost and reset in a slightly different
location, modern equipment is much more accurate, and there
may have been some errors in the original survey and notes.
But the point is there is a difference in the surveys and the
road did not move.
Roads do not move much. Certainly paved roads can’t move,
but gravel and dirt roads could theoretically move some,
based on maintenance practices. However, there are all kinds
of restraints keeping roads from moving: culverts, bridges,
fences, intersections, as well as the watchful eyes of adjacent
landowners.
Sometimes landowners want the county to stake the right-ofway line so they can build a new fence in the right location.
I don’t recommend surveying for right-of-way fences on
request. As mentioned before, a modern survey indicates
where the road should have been opened not where it was
actually opened. The county is actually risking a lot more than
the landowner. The landowner is going to build a fence, the
question is just where. His land is a half-mile wide and a few
feet either direction is not a big issue. The county may have
only 40 feet of right-of-way and loss of a few feet is a big
deal, and moving the road is a really big deal. If there is an
existing fence I would recommend just telling the landowner
the road was surveyed when the road was opened, so just
put the fence back in the same location. Now if no fence is
in place and the road was opened 60 ft. wide, the farmer can
easily measure 30 ft. from the center of the road. This may not
seem real scientific, but it is about the best we can do to locate
where the road was originally opened.
The third situation is where a landowner complains the county
did some roadwork and encroached on his property. If you
don’t have plans for the project or recent records where the
apparent right-of-way was located it is difficult to tell if there
4
was an encroachment. There are some alternatives such as
measuring half the road width from the center of the road, or
the full road width from the right-of-way line on the other side
of the road. I would hesitate to agree to a survey because if
it doesn’t fit the existing road you may get to move the road
and pay for damages. If you do agree to a survey, consider
agreeing in advance on a price per acre for the encroachment
and state that you will not move the road to conform to the
survey.
My opinions stated above are based on lessons learned from
mistakes I made over a period of 35 years. Remember that
right-of-way issues are really title issues, and are very fact
specific; it is always a good idea to consult with an attorney
familiar with land law. A valuable resource document on road
laws was authored by Chip Woods, Lyon County Engineer.
The document contains information on road openings, road
records, history of state and territorial road laws, key court
cases, and resolution of common problems. You can download
a copy from the document center of the highway association
website at www.kansascountyhighway.org. n
I send out a twice monthly email on current road issues
and items of statewide interest. If you would like to receive
these emails just send me an email request at bowers@
kansascounties.org
Building Local Connections:
The Douglas County Food Hub
By Nathan Eberline
Kansas earned its nickname, “America’s Breadbasket,”
for much more than its rectangular shape. Kansas has long
stood as the leader in wheat production, as evidenced by
the Topeka Daily Capital proclamation in 1888 that “In
wheat, Kansas can beat the world” (http://www.kshs.org/
kansapedia/kansas-as-the-breadbasket/17616). Our state is
essential to the United States and the world in terms of food
production, but that does not always mean food is readily
accessible for all.
It was with this concern in mind that Douglas County
officials have moved to create a food hub. The Lawrence
Journal World reported the action earlier this year with
comments from Eileen Horn, Director of the Douglas
County Food Policy Council: “A food hub is that linkage
between the local farmers and the institutions, like schools,
hospitals, the jail, the grocery stores and the restaurants that
want to have access to local foods” (http://www2.ljworld.
com/news/2013/jan/21/food-hub-seen-way-promotelocal-agriculture/). This spring, the Food Policy Council
(http://www.douglas-county.com/depts/ad/su/su_fpc.aspx)
applied for a $58,250 grant from the U.S. Department of
Agriculture to determine the feasibility of creating the hub.
And after a month of waiting, the USDA announced the
recipients and granted Douglas County’s request.
The Rural Business Enterprise Grant “provides grants for
rural projects that finance and facilitate development of
small and emerging rural businesses, help fund distance
learning networks, and help fund employment-related
adult education programs” (http://www.rurdev.usda.gov/
BCP_rbeg.html). With this purpose in mind, Douglas
County will conduct a study involving 16 counties in
northeast Kansas to determine the best “business model
for a food hub to support producers as they scale up to
meet increasing demand from consumers,” noted Ms.
Horn. Consequently, the food hub offers the possibility of
economic development by helping local producers build
their businesses and keep revenue in the community
The Kansas Health Foundation (KHF) is also supporting
the project by providing a grant of $10,000. KHF recently
awarded grants to twelve Kansas counties to “encourage
people to eat healthier foods and to be more physically
5
active, as well as to make entire communities healthier
places to live” (http://www.kansashealth.org/newsroom/
newsrelease/implementation_grantees_announced_healthy_
communities_initiative). Douglas County Commissioner
Nancy Thellman commented, “This study will really help
us understand this missing link in our food system chain”
and enable smaller producers to better serve a broader
consumer base. The support of the USDA and KHF will
combine to help Douglas County provide not just a health
initiative, but also a business development tool.
When Douglas County concludes its study, there is hope
that it will be able to launch the hub and help local ag
producers meet the demand for local foods. This will better
ensure fresh food for consumers at a more reasonable cost.
The end result may just be a bread basket that is full for
everyone. n
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The Local Lawyer by Melissa Wangemann
I attended a meeting last week between private solid
waste managers and municipal solid waste managers. The
purpose of the meeting was to follow up on the hearing on
House Bill 2072, which occurred during the 2013 session.
As you may recall from KAC legislative updates, HB 2072
would have prohibited city and county governments from
providing solid waste and recyclable services outside their
boundaries, except in very limited circumstances.
requirements, such as OSHA, and
whether they are subject to fines like
private industry. Those representing
the public side noted that the Kansas
Department of Human Resources
had adopted the OSHA requirements
and made them applicable to
municipalities.
Representative Steve Huebert, who chairs the House Local
Government Committee, asked the proponents and the
opponents of the legislation to discuss the issue over the
summer in hopes the parties could find common grounds.
Our meeting this week was to fulfill the Chairman’s request
and to learn the other side’s perspective on the issues.
I appreciate having county representatives at the
meeting, including Mike Tabor of Seward County,
Wayne Blackbourn of Coffey County and John Hawk of
McPherson County. Also attending was Mike Fraser with
the City of Salina.
The proponents of the legislation – the private companies
– explained that their intent is to achieve competitive
neutrality between the private sector and the public sector.
They suggested four key areas that would help create a
level playing field between the private and public sectors:
We will continue to communicate with the proponents and
KAC members about this issue, but we do not anticipate
any compromise legislation at the moment. Please call if
you have any questions. n
1. Closure and Post-Closure Liability
The private companies noted that municipal solid waste
programs can provide assurance for closure costs by
proving that they have the taxing authority necessary to
cover the costs of closure. It was noted that some municipal
solid waste programs have trust funds in addition to the
taxing authority. The private industry representatives
suggested that municipal solid waste facilities consider a
statutory requirement for trust funds.
2. Full Cost Accounting
Full Cost Accounting was another suggestion from the
private solid waste managers as a means to “level the
playing field” between private and public solid waste
programs. FCA is a method of accounting for all monetary
costs of resources used or committed for solid waste
services.
3. Payment in Lieu of Taxes
Another suggestion from the private solid waste managers
was that municipal solid waste programs pay “taxes” just
like a private entity. Private solid waste managers believe
they cannot compete on the same level as municipal solid
waste programs because of the differences in tax status.
4. Work Place Safety (OSHA requirements)
The private representatives also questioned whether
public solid waste programs must follow workplace safety
6
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Kansas County Government Institute
2013 Workshop Schedule
The Kansas Association of Counties is pleased to present the following 2013 Kansas County Government Institute course schedule.
Register for workshops at www.kansascounties.org at any time.
All courses are open to ANY county, city or township official or employee! *Courses are scheduled from 9:00 am – 3:30 pm
unless otherwise noted
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County Government And The Law
August 8 – HutchinsonThis workshop is $125 per attendee ($175 for KAC non-member counties)
County commissions in Kansas have the authority, subject to certain limitations….to perform all powers of local
legislation the county deems appropriate. And in fact, the legislative role of county commissions has enlarged in recent
years as counties have sought to become more responsive to the needs of their communities. What do commissioners need
to know about the law in order to responsibility & effectively carry out their legislative duties? And equally important,
how can commissioners most effectively use & benefit from legal counsel? A complex, often overlapping & sometimes
confusing array of statutes & court decisions provide the legal framework for the county commission to perform the role
as a legislative body. This workshop will identify & translate the legal canons that shape & restrict the legislative powers
of the county commission.
Interpersonal Skills & Effective Communication
August 15 – Manhattan This workshop is $85 per attendee ($119 for KAC non-member counties)
Service Excellence. Excellent customer service requires strong interpersonal, communication and organizational skills.
Employees must develop these skills to effectively meet the needs of the public. In this course participants will:
• Examine the necessity for strong interpersonal skills to effectively respond to public service needs
• Assess listening skills & discuss active listening techniques to improve service
• Recognize various communication styles to better understand co-workers & public
• Explore new & improved methods & technology for communicating w/ the public
• Understand the need for transparency & openness in govt. & communications
• Identify new organizational & planning skills to improve efficiency of departments
The Fundamentals of Supervision
August 21 – El Dorado • August 27 – Topeka This workshop is $120 per attendee ($168 for KAC non-member
counties)
Think back to your first days as a new supervisor. Whether that was weeks or years ago, you surely remember that
moment when you realized the job was much harder than you had anticipated. This workshop offers a practical big picture
look at the job of supervisor – what it is & what’s needed to be successful – with special emphasis on carrying out the
tasks of supervision in a county government setting.
Basics in Budgeting, Finance & Reporting
September 10 – Wichita
This workshop is $120 per attendee ($168 for KAC non-member counties)
It’s a fact of life that as a county employee you’ll have to participate in the budgeting, finance & reporting process. And
because most of us aren’t educated as accountants or financial analysts, the process can seem grueling. Learn the basics to
help you tackle the budgeting, finance & reporting process with confidence.
Providing Employee Safety
September 17 – Salina; 9:00 am – 12:00 pm This workshop is $65 per attendee
($91 for KAC non-member counties)
The impact of accidents, even non-injury accidents, on the county organization is always costly in both tangible &
intangible ways & may include: high employee stress; medical bills, damage to equipment & vehicles, productivity
declines & service delays, increases in insurance premiums & a decline in public confidence. The impact on an injured
7
employee & his or her family may likely be even more costly. For these reasons, no responsibility of a supervisor is more
important than protecting the health & safety of employees. This workshop focuses on affirmative measures that can be
implemented by a supervisor to prevent & if necessary, respond to workplace accidents & injury.
Leadership for a Productive Workforce
September 19 – SalinaThis workshop is $125 per attendee ($175 for KAC non-member counties)
In its capacity to expend resources, a county commission is obligated to seek the highest & best uses of those resources.
Since personnel account for the largest portion of most county budgets, workforce productivity is a central leadership
task for the commission. By action or inaction, a county commission exercises significant influence over employee
productivity. High productivity – the best possible results with the lowest possible outlay of employee skills, time &
energy – is not achieved by the commission just through day-to-day supervision of individual employees. Commissions
extend greatest influence over productivity by means of careful selection of employees, especially management staff, &
establishment of clear organizational direction & policies. This workshop focuses on these most basic tools which when
used effectively contribute to human resource productivity. n
Save $5 Per Attendee/Per Class by Registering Online!
www.kansascounties.org
Hitting a glitch with out new registration system? It looks scary? Give us a call or shoot
us an email and we’ll be happy to walk you through it!
REGISTRATION NOW OPEN!
Over 500 affordable housing advocates are expected to converge on Lawrence this August for the eighth annual KANSAS
HOUSING CONFERENCE. The three-day event takes place August 27-29 at the University of Kansas. Presented by
Kansas Housing Resources Corporation, the Federal Reserve Bank of Kansas City and NeighborWorks America, the
conference offers over 40 dynamic breakout sessions, technical trainings, policy discussions and networking receptions.
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Additional workshops include a variety of topics, such as: lead safe work practices; how to stop bed bug, hoarding and
substance abuse issues; successful branding strategies for distressed neighborhoods; best practices of asset management;
disaster planning for HUD financed properties; Fair Housing 504 compliance certification; revenue generating strategies
for non-profits and sustainable, green street development.
Employment Opportunities
County Appraiser - The position is responsible for the overall management of the office of the County
Appraiser to include: the annual listing and appraisal of all real estate and personal property in Saline
County; maintain records and data relating to all county property as may be required by the Director of
Property Valuation; prepare and certify appraisal roll; prepare, testify and represent the County at all levels
of hearings and appeals; organize and direct the work of department staff to include an Assistant Appraiser,
a Commercial Appraiser, 4 Field Appraisers, and an Office Manager which oversees 6 support staff; and
establish and maintain working relationships with other government officials and the general public. Saline
County has approximately 26,400 parcels with approximately $4 billion in total property valuation including
agricultural, residential, commercial and industrial. Saline County has an established GIS Department. Salary
is negotiable. Apply and review additional information at www.saline.org. Application deadline: July 28, 2013.
8
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Partnership makes business sense. A successful business or organization requires cooperation with others seeking
a mutually beneficial relationship. Partnership is rarely a product of chance; rather, it must be strategically pursued,
cultivated, and nurtured.
There is opportunity to connect your business or organization with the decision-makers in Kansas county
governments through a business partnership with the Kansas Association of Counties (KAC). The KAC is the
touchstone for county governments in Kansas and provides valuable connections to county leaders. Since 1976,
the KAC has served Kansas county governments by articulating the needs and ideas of counties at the Statehouse in
Topeka and in the hallways of Congress, and provided educational, technical and various inquiry services all designed
to make county government more effective, efficient, and responsive to Kansans.
Seize the advantage for your business or organization by accessing Kansas counties as a KAC Business Partner. Get positioned to receive
maximum exposure for your goods and services through numerous opportunities to reach county decision-makers – in print, online, and in person at
KAC events. KAC Business Partners are uniquely positioned to receive the highest visibility with KAC members. Your goals, working through our
connections, can truly give you the Advantage you deserve!
Current KAC Business Partners
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Name: Bukaty Companies
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Benefits Consultant
Mailing Address:
11221 Roe Ave. Ste. 200
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Phone: 888-657-0440
Description: Bukaty Companies
is the Exclusive Consultant for the Kansas Association of Counties
Employee Benefit Trust! Through Bukaty Companies, members have
access to specialized benefits and value added resources to effectively
analyze and manage one of their single largest budget line items.
Employee Benefits:
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Online enrollment, administration and employee education
Health Care Reform Guidance
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FSA, HRA, HSA, COBRA
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Contact: Wendell “Bud” Cowan
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Fax: 866-347-9615
Description: Foulston Siefkin, founded in 1919, with offices in
Wichita, Overland Park, and Topeka, is the largest law firm in Kansas.
The firm defends counties in a full range of legal services including
labor fact findings and mediations, as well as civil rights, employment
discrimination, and wage and hour litigation.
Name: Nationwide Retirement Solutions (NRS)
Contact: Burt Burrows,
Program Director
Mailing Address:
P.O. Box 24232
Denver, CO 80224
Phone: 303-452-6300 or
816-221-5266
Description: Nationwide Retirement Solutions (NRS) administers the
NACo 457 Deferred Compensation Program for county employees
across the U.S. NRS provides education, investments and recordkeeping
functions for these plans. Along with the 457 Plan, NRS also administers
a 401a Match Plan and the Post Employment Health Plan (PEHP), a plan
that provides retiree health care reimbursements, tax free.
Name: New Boston Creative Group, LLC
Contact: Lisa Sisley,
Principal
Mailing Address:
315 Houston St, Suite E
Manhattan, KS 66502
Phone: 877-315-8185
Fax: 866-385-5004
Description: New Boston Creative Group, LLC, is an award-winning
marketing and communications agency specializing in community,
business and nonprofit marketing. Our team of 11 professionals creates
logos, campaigns, marketing plans, websites, social media strategies,
video, newsletters, brochures and just about anything else you need to
engage your audience and improve your image.