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The Valley Falls Vindicator May 30, 2019 Page 3 USD 343 . . . (Continued from page 1) Brenda. . . (Continued from page 1) by Rick Nichols Jefferson County Emer- gency Services Director James Tweed was the first in front of County Commissioners Wayne Ledbetter, Lynn Luck and Rich- ard Malm during the May 20 meeting of the Board of County Commissioners and informed the trio that Lakeside Village had just been added to the list of governmental entities for which the Kansas Department of Health and Environment has issued a boil order in the wake of the recent rains that have caused Perry Lake to rise well above the normal conservation pool, potentially compromis- ing the quality of the water at least some lake area residents depend on for drinking and cooking. The southernmost improve- ment district on the east side of the lake joined two other governmental entities that were already on the list, the City of Ozawkie and Lake Shore Estates, the northernmost im- provement district on the east side of the lake. Tweed told the commission- ers that efforts were under- way to have Harvesters bring bottled water to the county for use by Ozawkie, Lake Shore Estates and Lakeside Village residents. Tweed also informed the commissioners that the water on the pool side of the dam was seven feet below flood stage and that the anticipated emergency release of at least some of the water currently in the lake was still two weeks away. He also mentioned the forecast for northeast Kansas to receive additional rain that week, re- marking, “All that (the level of the lake and the rain that is expected) is being monitored closely.” Ledbetter used the opportu- nity at hand to dispel a rumor that apparently has been mak- ing the rounds in recent days, stating flatly that the rocks people have observed in the vicinity of the dam are not there because someone is planning to use them to shore up the dam. In a related matter, Plan- ning and Zoning Administrator Dustin Parks told the com- missioners that his office was keeping an eye out for possible damage to residential property due to flooding, and he asked that anyone who does experi- ence flooding in the coming days get in touch with his office. The telephone number for Planning and Zoning is 785- 403-0000 Ext. 3. Before turning the floor over to Parks, the next depart- ment head who had anything to report, Tweed gave the com- missioners an update on the transition from the CodeRED emergency notification system to the Everbridge emergency notification system. “It was more successful than I ever thought it would be,” he com- mented. “It worked very well.” According to the Emergency Services director, the county had 5,028 contacts through Co- deRED and already had 6,089 through Everbridge. Trading the chair at his desk to the left of the decision- makers’ table, as viewed by them, for a spot at the lectern, County Counselor Josh Ney reported that he had spoken with U.S. Sen. Pat Roberts (R- Kan.) recently in regard to the possibility of the longtime leg- islator, who has strong ties to the county, donating some of his papers to the county historical society after he leaves office in early 2021. Ney said “a small working group” to facilitate the proposal has been created and that pri- vate funds would be used to purchase the display case he envisions as a storage place for the safekeeping of this material. He was of the thinking that the display case could be positioned on the first floor of the court- house, near the west entrance to the Register of Deeds Office. The county counselor also said high school students could be asked to come up with a write-up covering the veteran lawmaker’s many years of pub- lic service to both his native state, Kansas, and his country. The commissioners had no objections to the project as a whole. A former Marine, Roberts is a great-grandson of John Wes- ley Roberts, the founder of The Oskaloosa Independent. In other business during the commissioners’ weekly meeting at the courthouse, on separate 3-0 votes, the board approved the proposed issuance of SP2019-06 and SP2019-07. SP2019-06 consisted of an application for a Special Event permit to hold a flea market at 15709 Doniphan Road from 9 a.m. to 6 p.m. Oct. 12. The ap- plicant was Megan Belveal of that same address. SP2019-07 consisted of an application for a Special Event permit to hold the fourth an- nual Alyssa’s Ride, a charity Poker Run involving all-terrain vehicles, from 9 a.m. to 7 p.m. June 8. The applicants were Marcus and Amy Hutchens of rural Easton. At the request of the Hutch- enses, the late Alyssa Hutchens’ parents, the required $100 fee for the permit was waived. The applications for the per- mits were brought forward by Planning and Zoning Adminis- trator Parks. Geographic Information Systems/Information Technol- ogy Director Chris Schmeissner updated the commissioners on efforts by parties associated with Jefferson, Douglas and Shawnee counties and the cit- ies of Lawrence and Topeka to make arrangements for Surdex to take aerial photographs of the three-county area in 2020. Public Works Director Bill Noll reported that Road and Bridge Department crews were still patching paved county roads as needed. Noll told the commissioners that with respect to the map of the Meriden area that shows where the city’s streets meet up with the county’s roads, a couple of places on that map were “a concern” of his in terms of which entity would be responsible for maintaining what. Those two areas were 82nd Street and Palmberg Street, and East Main Street. Noll reported that Meriden City Attorney Lee Hendricks was “not overly receptive” to the initial proposal he had sent his way. Commissioner Ledbetter asked Noll if the necessary arrangements for a meeting between the county and the city had been made. The Public Works director replied that he had contacted someone with the city but that that individual had not gotten back to him. For the benefit of Christopher Yoder, the board unanimously OK’d a motion that a required public hearing be scheduled for Monday, June 17 to consider a request that an existing drain- age easement within Lots 3 and 4 of the Rynita Gwen subdivi- sion be vacated. That subdivi- sion is located just to the west of Oskaloosa. On a 3-0 vote, the board ap- proved the proposed appoint- ment of Lance Lewis to the Juvenile Corrections Advisory Board for the Second Judicial District. Executive Sessions At the request of Public Works Director Noll, the com- missioners met privately with him and the county counselor, citing as justification for the need for privacy the attorney- client privilege recognized in the Kansas Open Meetings Act. “Pending litigation” was identi- fied as being the subject that was to be discussed. At the request of Commis- sioner Luck, the commissioners met privately with the county counselor for five minutes under the attorney-client privilege recognized by KOMA. “Pend- ing litigation” was identified as being the subject that was to be discussed. At the request of Health De- partment Administrator Crys- tal VanHoutan, R.N., the com- missioners met privately with her for 10 minutes for the stated purpose of discussing personnel matters relating to non-elected personnel. “Discipline” was identified as being the subject that was to be discussed. The meeting adjourned at 2:15. No meeting this week This past Monday having been Memorial Day, the Board of County Commissioners did not meet earlier this week. But the commissioners are sched- uled to meet this coming Mon- day at 1 p.m. in Oskaloosa. As of the middle of last week, the only non-routine item on the agenda was the planned presentation of years of service certificates to longtime county employees Robert Poppa (Sheriff’s Office) and Dennis Turner (Road and Bridge Department). 36-26-26tc Heinen Repair Service 13424 Edwards Rd, Valley Falls 785.945.6711 - www.HeinenRepair.com Experience Patented Independent Suspension Starting at $3,999* *Cash Price. Model 5901774 Does not include sales tax. Financing options available. See Dealer for details. 37-eow-5tc Dates: June 3, 2019 through July 25, 2019 Days: Monday thru Thursday **Except the week of July 1 st . We will be open Monday, Tuesday, Wednesday, and Friday. Time: Breakfast at 8:30a.m. Lunch at 11:00a.m. Location: Keystone Learning Services 500 E. Sunflower Blvd. Ozawkie, KS 66070 Contact: Brandi Barnhardt, 785-876-2214 41-51-1tc That all ended when her Dad had a heart attack, several kids got married and left the group, and she said doors (venues) that they had regularly counted on, began shutting. So they thought these were all signs that it was time to retire the group. They sold the bus. Then, she met Randy. He had come to Cherokee to visit a couple and check out a fish hatchery. They introduced him to Brenda. He liked her, she liked him. They were married Oct. 21, 1989, in Cherokee. On March 19, at 2 a.m., Brenda was asleep in her home in Denison. She thought she smelled smoke but couldn’t locate it so she went back to bed. She heard a loud boom and then the furnace kicked on. Even with her CPAP mask on she could still smell smoke. She found her glasses and then could see the whole room adja- cent to her bedroom was filled with smoke. She grabbed her phone, her purse, and her coat and got outside where she called 911. Only a small portion of the house could be saved, an add on, about 20 years old. However, only the frame could be saved. Water had ruined the walls. All contents and clothing were destroyed. Brenda had insur- ance but when the house came down, the foundation crumbled as well. Insurance would not cover the foundation. The fire was caused by elec- trical wiring in the attic. She is living with a friend in the meantime. Dan Heinen and crew from Heinen Custom Operations, Valley Falls, are rebuilding as quickly as possible but weather has been a big impediment with constant rain and cold. Brenda expressed gratitude for their hard work to get her back home as soon as possible. She is not rushing anyone. She hopes to be back in her home in July. Brenda works as a part-time manager at the Countryside Apple Market in Valley Falls. She babysits with her grand- daughter, Hollie, 1 1/2, part time; a job that brings joy and laughter. Hollie is the daughter of Mariah Whiteaker and her fiance, Cody Bond. They live in Silver Lake. Mariah is train- ing at Stormont-Vail to be a CNA Tech. Brenda’s other two daughters are Kara Paline, Erie, who is attending nursing school, and Catlin Whiteaker, Holton, assistant manager at Walmart in Holton. Friends of Brenda said she would never ask for help from others. But they are. For those who care to help her, there is a Go Fund Me account on Fa- cebook and an account in her name at any of the Denison State Bank branches where donations can be mailed or dropped off. Brenda is a member of the Calvary Baptist Church, Valley Falls. months. The superintendent noted a few things that could come from it that include enhanced library services, trips and entertain- ment for seniors, and, since the community does not have a swimming pool, bus transporta- tion to other pools for lessons. If there is no other prima- ry election in the district in August, it will cost the school district $3,500 to hold the elec- tion. The school board launched the first phase of an energy- saving program that will make some major changes in the dis- trict. First up, the boiler systems at both Perry and Lecompton elementary schools and the window air conditioners will be replaced with the latest technol- ogy in central heating and air. This will air condition the gym at Perry and the lunchroom at Lecompton. Secondly, all light- ing throughout the district will be replaced with LED lights. The total cost through En- ergy Solutions will be $795,620. Of that amount, the district will pay $375,000 out of capital outlay this year and the remain- ing balance will be paid over a period of 10 years. According to estimates, the annual payments of $42,062 will be less than the utility and energy cost savings of $55,759. The money was borrowed through the local bank, First State Bank and Trust, with an interest rate of 1.9%. Elliott noted that the bank has been very good to the dis- trict in a number of ways and that obviously an interest rate that low is also a benefit that will aid the district. Trevor Hasert approached the board to request use of dis- trict land to establish a public nine-hole disc golf course. The property is near the softball field in Lecompton. Hasert, an alumnus of Perry- Lecompton, was give the green light. He is seeking private donations and there will be no cost of the district. In other business, the board: —purchased 190 iPads for $55,860 to serve the students in grades 4, 5, and 6. The cur- rent ones are six years old and no longer support the lastest operating systems. —Approved a bid for $101,000 to replace the roof over the Lecompton Elementary building and a section of roof at the high school. Commissioners apprised of boil order, lake level 20-tfc The attorney general’s of- fice has resolved the second lawsuit filed under the state’s mistaken-conviction statute enacted by the legislature last year, Attorney General Derek Schmidt reported last week. The attorney general reached an agreed resolution of a mis- taken-conviction lawsuit filed under the new statute by Floyd Scott Bledsoe in July 2018. In 2000, Bledsoe was convicted in Jefferson County and impris- oned for murder, kidnapping, and indecent liberties. His con- viction was vacated and charges against him dismissed in 2015. The agreed resolution was ap- proved May 22 in Shawnee County District Court by Judge Richard D. Anderson. “We are committed to faith- fully administering the state’s mistaken-conviction law as the legislature wrote it,” Schmidt said. “In this case, it was pos- sible based on review and evalu- ation of the existing record and discovery from Mr. Bledsoe to resolve all issues, satisfy all of the statute’s requirements, and agree to this outcome so Mr. Bledsoe can receive the benefits to which he is entitled by law because of his mistaken convic- tion.” In the agreed order, the court determined that Bledsoe did not commit the crime or crimes for which he was convicted, nor was he an accessory or accomplice to that crime or crimes, nor did he suborn perjury, fabri- cate evidence or cause or bring about the conviction. Between November 1999 and December 2015, Bledsoe served 5,592 days in prison or jail and 277 days confined by bond and court su- pervision. Accordingly, the court or- dered the following relief for Bledsoe, as provided by the mistaken-conviction statute: •Bledsoe was granted a Cer- tificate of Innocence. •Records of his conviction, arrest, and DNA profile record information were ordered ex- punged. •He was granted total com- pensation of $1,038,526.95. •He was granted counsel - ing. •He was granted permission to participate in the state health care benefits program for plan years 2019 and 2020. A separate federal lawsuit filed by Bledsoe in May 2016 remains pending. Requirements of that federal case, including an order entered in that case by U.S. Magistrate Judge James P. O’Hara May 17, 2019, af- fected the relief the state could provide in this case and were taken into account in the agreed resolution. That federal case is Floyd S. Bledsoe v. Jefferson County, Kansas, et al., Case No. 16-CV-2296, United States District Court for the District of Mistaken-conviction lawsuit concluded Kansas. By law, payment on the state judgment entered yesterday is subject to review by the State Finance Council. Schmidt plans to formally ask the Finance Council to review the matter at its June 5 meeting. In total, five lawsuits have been filed under the new mis- taken-conviction statute. Three remain pending in Sedgwick County, Clay County, and Shaw- nee County. One previous law- suit in Johnson County was resolved in December. The Vindicator 785-945-3257 [email protected]
