Brown County Commission Minutes 

March 28, 2022

The Board of Brown County Commissioners met in regular session with the following members present: Chairman Lamar Shoemaker, William Pollock, and Richard Lehmkuhl. Also present was Brown County Clerk, Dawn Boyles. County Attorney, Kevin Hill, was present for a portion of the meeting. Lamar Shoemaker opened the meeting at 8:10 a.m. All recited the Pledge of Allegiance. Pastor Shane Spangler led the meeting with a prayer.

Bob Hamilton, KDOT Liaison, presented the Brown County Sheriff’s Department with the Platinum Traffic Safety Award.

Emergency Manager, Don Pounds, updated the commission on the possibility of an emergency command center. Pounds would like to go to the City of Hiawatha about zoning for the proposed location.

Motion by William Pollock to appoint Joe Rettele as Powhattan Township Treasurer. Seconded by Richard Lehmkuhl. Motion carried.

John Selland, Jerry Hisle, and Rodney Allen, Road and Bridge Foremen, updated the commission on the happenings in the road and bridge department.

Chairman Shoemaker and District 2 foreman, Jerry Hisle, discussed an offer to purchase excess unusable rock for $6.00 a ton. Motion by Lamar Shoemaker to allow the purchase of excess unusable rock for $6.00 a ton. Seconded by Richard Lehmkuhl. Motion carried.

Road and Bridge Secretary, Tami Lehmkuhl, requested a 10 minute executive session. Motion by Richard Lehmkuhl for a 10 minute Executive Session on non-elected personnel with the three commissioners, John Selland, Jerry Hisle, Rodney Allen, Road and Bridge foremen, Tami Lehmkuhl, Road and Bridge Secretary, and Dawn Boyles, Brown County Clerk, present to discuss personnel matters of non-elected personnel with executive session necessary to protect privacy interests. Seconded by William Pollock. Closed 8:40 a.m. Opened 8:50 a.m. No binding action was taken.

The March 23, 2022 payroll was approved as follows: Motion by Richard Lehmkuhl. Seconded by William Pollock. Motion carried. General $86,703.71; Road & Bridge 19,478.75; Election 300.00; Technology 310.00; Appraiser 8,380.01; Noxious Weed 2,451.38; ACC 10,465.25; JJA Core 7,830.00; Reinvestment Grant 2,831.50; Services for Elderly 2,645.25; Solid Waste 6,385.88; Special MVT 1,484.63; Employee Ben FICA 9,190.31; Employee Ben KPERS 10,841.81; State Unemploy/Work Comp -123.98 Insurance -11,304.80; TOTAL $157,869.70

Motion by Richard Lehmkuhl to approve the March 21, 2022 minutes. Seconded by William Pollock. Motion carried.

Brown County Clerk, Dawn Boyles, presented the Integrated Internal Controls Framework, Policies and Procedures over Federal Awards for the commission’s approval. Motion by Richard Lehmkuhl to approve the Integrated Internal Controls Framework, Policies and Procedures over Federal Awards. Seconded by William Pollock. Motion carried.

Brown County Clerk, Dawn Boyles, presented a Property Use Agreement from the Hiawatha Chamber and Visitors Bureau to use courthouse square and the restrooms for the Annual Easter Egg Hunt on Saturday, April 16, 2022, starting at 9:00 a.m. Motion by William Pollock to approve the use courthouse square and the restrooms for the Annual Easter Egg Hunt on Saturday, April 16, 2022, starting at 9:00 a.m. Seconded by Richard Lehmkuhl. Motion carried.

Brady Hedstrom, Project Engineer, discussed the Bi-Annual Bridge Inspection Report with the commission.

Motion by Richard Lehmkuhl to approve an occupational license for Roberts BBQ. Seconded by William Pollock. Motion carried.

Tax change orders 2021-55, 2021-56 and 2021-62 were approved and signed.

Brown County Attorney, Kevin Hill, discussed the engagement letter that was forwarded to the County by the Adams Jones Law Firm last week. The proposed engagement letter inaccurately stated that their firm was engaged by the County Commissioners “to prevent the development of “windfarms” in Brown County.” It was also pointed out that Patrick Hughes, an attorney with said firm, had reported to the commissioners that he would have a conflict of interest in representing the county on matters outside of preventing the development of wind farms. Mr. Hill pointed out that the county has not voted to oppose wind development in the county and had instead voiced their interest in retaining an attorney with expertise in wind energy who could advise the county on all sides of the issues pertaining to wind energy. Hill recommended that the commission not go into executive session with Mr. Hughes due to the limits of his possible representation and to seek legal counsel who could advise the county on all sides of the wind energy issue and act in the best interest of the county without a conflict of interest. Patrick Hughes, Adams Jones Law Firm, attended a portion of the meeting with commission via Zoom and clarified the services that his firm could offer in addition to the limits contained in his original engagement letter. Hughes stated that he will revise and resubmit an engagement letter to the county for the commission’s consideration that will offer to advise the county on issues outside of the original limits contained in their first engagement letter.

Motion by Richard Lehmkuhl to adjourn. Seconded by William Pollock. Motion carried. Meeting adjourned at 10:59 a.m. The next regular meeting will be held Thursday, March 31, 2022, to approve month end bills.