In other business Monday morning, the Barton County Commission:
• Approved working with South Homestead Township on road improvements as is allowed under the Barton County policy regarding the maintenance and repair of city and township roads. As an independent contractor, the county would receive no more than $4,600 for labor and equipment. Two projects are planned. Project one involves the installation of a 24-inch culvert just west of 281 Highway on NW 60 Road. Project two involves a 90-foot culvert replacement, just west of 281 Highway, on Missouri Pacific Street.
• The County recently sought applicants for the Barton County Community Development Advisory Board. The BCCDAB advises the commission on economic and community development matters, monitors the progress of the Barton County Strategic Plan and makes suggestions to the commissioners.
Reappointed for three-year terms were Leon Steiner, Troy Bailey and Loren Unruh. Appointed for the first time filling a vacancy left by the resignation of Lloyd Kurtz was Basil Dannebohm.
• Approved a revised lease agreement between the county and the Kansas Department of Transportation for extended use of a KDOT communications tower at 29 NE 60 Road. The agreement dates back to 2010 and included the placement of two antennas and two repeaters on the KDOT for emergency communications. In 2012, the county Road and Bridge Department added their gear to the site so KDOT asked for an amended contract, said Doug Hubbard, communications director. The cost for the agreement, which runs through 2024, remains unchanged.
• Discussed a request from a Logan Township official to reimburse the township for increased repairs to township roads surrounding the recently repaired bridge on K-4 west of Claflin. The dirt roads became an unofficial detour around the construction site while the bridge was being reworked, and this increased traffic has caused extra wear and tear on them.
Commission Chairman Don Cates said the township is requesting some help with the cost or maintenance. The county is getting $71,000 from the state to cover added maintenance costs on county blacktops that were part of the official detour, and there may be a way of sharing some of that money with the township.
The issue will be studied and brought before the commission at a later meeting.
• Heard an update on county departmental activities from County Administrator Richard Boeckman.
The Barton County Commission hopes a letter to area lawmakers might help render obsolete a lawsuit to recover state Oil and Gas Valuation Depletion Trust Fund money owed to the county.
Meeting Monday morning, the commission approved sending the letter to state representatives Marshall Christmann, John Edmonds and Troy Waymaster, and Senator Mitch Holmes. The idea is to convince them to reaffirm their intent to return the full amount.
Last year, the Legislature amended the distribution by altering the percentage counties received from the trust fund. This was done to help offset state budget shortfalls.
“This is money already promised us,” said Commissioner Jennifer Schartz. In early October, the county received $192,104 when county officials believe it should have gotten over $397,000.
It was suggested by the Kansas Legislative Policy Group that the 70-some oil-and-gas-producing counties (including Barton) contact legislators asking for support, County Administrator Richard Boeckman said.
The fund is made up of taxes collected by the state from oil and gas producers in each county. In the past, the state would return 14 percent of each county’s portion back to the county.
Last year, state lawmakers reduced this to 12 percent for 2013 and 6 percent for 2014. The plan was to restore the 14 percent in 2015.
But, county officials say the state’s budget director misinterpreted the new law to mean the 6 percent applies to 2013, meaning the counties received only about half of what they were owed.
“During the 2013 legislative session, many members of the Kansas Legislature were supportive of working with the counties to ensure continuation of the Oil and Gas Valuation Depletion Trust Fund,” the letter reads. “However, the Division of Budget interpreted language contained in Senate Bill 171 as ambiguous,” and thus did not transfer the proper amount.
“It appears to us that the language of Senate Bill 171 is clear and unambiguous” and expresses the Legislature’s intent to transfer the full 12 percent, the letter continues. It also notes that some legislators have a “strong willingness” to address this matter early in the 2014 session which opens in January.
On Oct. 21, the commission opted to join the multi-county lawsuit to recover the funds. But, this was hoped to only be a last resort.
“After lengthy consideration, we elected to join other counties to seek a judicial review of the reduced distribution,” the letter reads. “This step is necessary to preserve and protect the interests of Barton County taxpayers.”
But, the counties intend to put the suit on hold pending legislative action.
In a related matter, the commission approved a contract with the Topeka law firm Frieden, Unrein and Forbes which is handling the suit. The cost of litigation will be shared among those counties and Barton County’s portion is estimated to be 3.4 percent.
Barton County owes $681 for legal work done to this point. Boeckman said there shouldn’t be many more expenses, at least for now.
