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BOARD OF COUNTY COMMISSIONERS MONTGOMERY COUNTY, KANSAS OFFICIAL MINUTES October 27, 2003
The Board of County Commissioners, three members and the County Clerk present, met in regular session at 9:00 AM.
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CALL TO ORDER: Commissioner Taylor. INVOCATION: Commissioner Hey. PLEDGE OF ALLEGIANCE: Commissioner Mattix.
AGENDA APPROVAL: ACTION: A motion was made by Commissioner Hey to approve the agenda as amended. The motion was seconded by Commissioner Mattix. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes
******** APPROVAL OF MINUTES: ACTION: A motion was made by Commissioner Mattix approve the minutes of October 20, 2003 as presented by the County Clerk. The motion was seconded by Commissioner Hey. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes
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APPROVAL OF PAYMENT OF INVOICES:
ACTION: A motion was made by Commissioner Taylor to approve invoices in the amount of $7,982.10as presented by the County Clerk’s office. The motion was seconded by Commissioner Hey. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes ******** HUMAN RESOURCES – SHARED LEAVE REQUEST AND EMPLOYEE STATUS CHANGE: Liz Schwatken, Human Resources Director, presented a “Shared Leave Request” for the County Clerk’s Department. The following action was taken: ACTION: A motion was made by Commissioner Taylor to approve the Shared Leave Request for the County Clerk’s Office between Alice Rutland and Kelly Dickenson. Motion was seconded by Commissioner Hey. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes RES. NO. 03-137 An Employee Status Change for the Road and Bridge Department was presented. The request was for a 3.5% increase for completion of one year of service in addition to the 4% KPERS increase for Steven Hoppock , Equipment Operator II. The following action was taken: ACTION: A motion was made by Commissioner Mattix to approve the Employee Status Change for Steven Hoppock, Road and Bridge Department, for a 3.5% increase for completion of one year in addition to the 4% KPERS increase. Motion was seconded by Commissioner Hey. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes RES. NO. 03-138 ******** EXECUTIVE SESSION: ACTION: A motion was made by Commissioner Hey to recess to Executive Session at 9:15 AM to return at 10:15 AM with County Counselor Paul Kritz, Cindy Price, Jeff Morris, Keith Osborn Richard Medley Bill Hendrix, Ned Gross and the Board of County Commissioners present and Phil Rinaldi and Ken Willig (via telephone) to discuss “Confidential data relating to financial affairs or trade secrets of second parties (i.e.: economic development). Motion was seconded by Commissioner Mattix. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes Returned to session at 10:15 AM with no action taken and no decisions made. ACTION: A motion was made by Commissioner Hey to recess to Executive Session at 10:16 AM to return at 10:30 AM with County Counselor Paul Kritz and the Board of County Commissioners present for Attorney/Client Privilege. Motion was seconded by Commissioner Mattix. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes Returned to session at 10:30 AM with no action taken and no decisions made. Discussion following Executive Session: County Counselor Paul Kritz spoke on behalf of the Board of County Commissioners and assured the representatives of Farmland Refinery and representatives of Pegasus, that the Board is enthusiastic about the continued operation of the facilities. The present ad valorem property tax exemption expires in the year 2007 on the fertilizer plant and the county is willing to consider extending the exemption an additional five (5) years, which correlates to the relief being offered by the City of Coffeyville. Before any additional relief would be considered, the Commissioners would like to have (1) additional information from the County Appraiser, (2) employment figures from the refinery and fertilizer facilities and (3) a business plan for the facilities. Commissioner Hey stated, “The budget for the year 2004 has been set and rebates would be difficult”. A resolution of the Governing Body of Montgomery County, Kansas determining the advisability of issuing taxable industrial revenue bonds for the purpose of financing the acquisition of a crude oil refinery facility located in Montgomery County in the amount of $281,000,000 was presented for the approval of the Board of County Commissioners. The following action was taken: ACTION: A motion was made by Commissioner Hey and seconded by Commissioner Taylor to adopt the following resolution: A RESOLUTION OF THE GOVERNING BODY OF MONTGOMERY COUNTY, KANSAS DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS OF SAID COUNTY FOR THE PURPOSE OF FINANCING THE ACQUISITION OF A CRUDE OIL REFINERY FACILITY LOCATED IN SAID COUNTY. WHEREAS, Montgomery County, Kansas (the "County") desires to promote, stimulate and develop the general economic welfare and prosperity of the County, and thereby to further promote, stimulate and develop the general economic welfare and prosperity of the State of Kansas; and WHEREAS, pursuant to the provisions of the Kansas Economic Development Revenue Bond Act, as amended and codified in K.S.A. 12‑1740 et seq. (the "Act"), the County is authorized to issue revenue bonds for such purposes, and it is hereby found and determined to be advisable and in the interest and for the welfare of the County and its inhabitants that taxable industrial revenue bonds of the County in an aggregate principal amount not exceeding $281,000,000 be authorized and issued to provide funds to pay the costs of acquiring a crude oil refinery facility (the "Project") located in unincorporated territory in the County for lease by the County to Coffeyville Resources, L.L.C., a Delaware limited liability company, or another legal entity to be formed by the principals of Coffeyville Resources, L.L.C., or assigns (the "Tenant"). NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MONTGOMERY COUNTY, KANSAS: Section 1. Public Purpose. The Board hereby finds and determines that acquiring the Project will promote, stimulate and develop the general economic welfare and prosperity of the County, and thereby further promote, stimulate and develop the general economic welfare and prosperity of the State of Kansas. Section 2. Authorization to Acquire Project; Intent to Issue Bonds. The County is hereby authorized to acquire the Project and to issue its taxable industrial revenue bonds, in one or more series, in an aggregate principal amount not exceeding $281,000,000 (the "Bonds") to pay the costs thereof, subject to satisfaction of the conditions of issuance set forth herein. Section 3. Conditions to Issuance of Bonds. The issuance of the Bonds is subject to: (i) the adoption of a resolution authorizing the issuance of the Bonds; (ii) the successful negotiation of a Trust Indenture, Guaranty Agreement, Lease, Bond Purchase Agreement or other legal documents necessary to accomplish the issuance of the Bonds, the terms of which shall be in compliance with the Act and mutually satisfactory to the County and the Tenant; (iii) the successful negotiation and sale of the Bonds to a purchaser or purchasers yet to be determined (the "Purchaser"), which sale shall be the responsibility of the Tenant and not the County; (iv) the receipt of the approving legal opinion of Gilmore & Bell, P.C. ("Bond Counsel") in form acceptable to the County, the Tenant and the Purchaser; (v) the obtaining of all necessary governmental approvals to the issuance of the Bonds, including specifically the assent of the governing body of the City of Coffeyville as required by K.S.A. 12-1741b; and (vi) the commitment to and payment of all expenses of the County, any underwriting fees and expenses and all legal fees and expenses of Bond Counsel and the County Counselor relating to the issuance of the Bonds by the Purchaser or the Tenant. Section 4. Reliance by Tenant; Limited Liability of County. It is contemplated that in order to expedite acquisition of the Project and realization of the benefits to be derived thereby, the Tenant may incur temporary indebtedness or expend its own funds to pay costs of the Project prior to the issuance of the Bonds. Proceeds of Bonds may be used to reimburse the Tenant for such expenditures made not more than 60 days prior to the date this Resolution is adopted, and as provided by §1.150-2 of the U.S. Treasury Regulations. The Bonds herein authorized and all interest thereon shall, in any event, be paid solely from the revenues to be received by the County from the Project and not from any other fund or source. The County shall not be obligated on such Bonds in any way, except as herein set out. In the event that Bonds are not issued, the County shall have no liability to the Tenant. Section 5. Further Action. The County Clerk is hereby authorized to deliver an executed copy of this Resolution to the Tenant. The Chairman of the Board of County Commissioners, the County Clerk and other officials and employees of the County, including the County Counselor and Bond Counsel, are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the purposes of this Resolution, including providing all notices required by the Act, and the execution on behalf of the County of the informational statement regarding the proposed issuance of the Bonds to be filed with the State Board of Tax Appeals pursuant to the Act. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes RES. NO. 03-139 ACTION: A motion was made by Commissioner Taylor and seconded by Commissioner Mattix to approve the concept of granting a refund of the County’s portion of the ad valorem property taxes assessed to Farmland’s fertilizer facility located in Coffeyville, Kansas for a period of five (5) years, commencing January 1, 2008, subject to the execution of a Memorandum of Agreement by and between Montgomery County and Coffeyville Resources, LLC and to take all other requested relief under advisement pending receipt of additional information from the County Appraiser and Coffeyville Resources, LLC. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes RES. NO. 03-140 ******** PUBLIC WORKS: Barbara Curtis, Public Works Coordinator, presented the weekly written report. The following items were discussed: Major Bridge Replacement Status (County Bridge No. 1145); Departmental Work Progress (Completed projects for 2003); and a request to replace at a Mechanic II the mechanic resigning effective 10-30-03. As a result of the report, the following action was taken: ACTION: A motion was made by Commissioner Taylor to approve replacing a Mechanic II (range 7.92 to 9.24 depending on experience) in the Road and Bridge Department due to a resignation effective October 30, 2003. Motion was seconded by Commissioner Mattix. ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes RES. NO. 03-141
******** Recessed to Department Luncheon at 11:30 AM.
******** ADJOURNMENT: 12:15 PM
ACTION: Motion by Commissioner Taylor, seconded by Commissioner Mattix.
ROLL CALL VOTE – Commissioner Taylor - Yes Commissioner Hey - Yes Commissioner Mattix - Yes BOARD OF COUNTY COMMISSIONERS MONTGOMERY COUNTY, KANSAS
_____________________________________ RUDY M. TAYLOR - Chairman
_____________________________________ FRENCH L. HEY - Member
_____________________________________ LEE MATTIX - Member
ATTEST:
_____________________________________ County Clerk |
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