BOARD OF COUNTY COMMISSIONERS

MONTGOMERY COUNTY, KANSAS

OFFICIAL MINUTES

January 12, 2004

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 Mattix.

PLEDGE OF ALLEGIANCE: Commissioner Hey.

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

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APPROVAL OF MINUTES:

ACTION: A motion was made by Commissioner Mattix approve the minutes of December 29, 2003 and January 5, 2004 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 Mattix to approve invoices in the amount of $150,744.52 and $6,436.43 as 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

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JUVENILE JUSTICE AUTHORITY:

Duane Powell, Juvenile Justice Authority Director, presented budget information to the Board. He advised there will be a shortage of $599.00 for July 1, 2004 for Daylene Walls’ salary. He also stated that beginning July 1, 2005 the county will be asked to pay $7,500 for the remainder of the 2005 budget for salary through December 31, 2005. For the 2006 budget the county will be asked to fund the entire $15,000.00 for Ms. Walls’ salary. The Board stated this will be taken into consideration at that time but they are not agreeing at this time to approve any funding.

ACTION: A motion was made by Commissioner Hey to approve the Chairman to sign the JJA FY 05 budget for Juvenile Justice Authority. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Taylor - Yes

Commissioner Hey - Yes

Commissioner Mattix - Yes

RES. NO. 04-03

Minutes – January 12, 2004

Page 2

MONTGOMERY COUNTY RURAL FIRE DST. #1 – PAGER BIDS:

Gene Tucker, Montgomery County Rural Fire Director, presented bids for 55 pagers for the fire district. The bids were as follows:

Mobile Radio Service, Great Bend, KS $21,175.00

ACTION: A motion was made by Commissioner Mattix to approve the bid from Mobile Radio Service, Great Bend, Kansas in the amount of $21,175.00 for 55 pagers for Montgomery County Rural Fire District No. 1. Motion was seconded by Commissioner Hey.

ROLL CALL VOTE – Commissioner Taylor - Yes

Commissioner Hey - Yes

Commissioner Mattix - Yes

RES. NO. 04-04

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BUILDING PERMIT ISSUE – BECKY MCDIARMID AND ROGER MYERS:

Becky McDiarmid, Landowner and Roger Myers, Contractor, met with the Board on the denial of a building permit to be issued on Tower Drive. Also present for the discussion was Barbara Curtis, Public Works Coordinator and Scott Barnhart, Zoning Administrator.

Ms. McDiarmid made an oral presentation to the Board objecting to the denial of the issuance of a building permit by the County. The permit was denied due to a sewer line located within 11 feet of the residence.

After the presentation, Commissioner Mattix stated “to leave it as it stands”. Commissioner Taylor stated he felt they should “stay with policy and decisions”. Commissioner Hey said he saw “no permanent rooms build over the sewer line”and he would stay with the decision. The following action was taken:

ACTION: A motion was made by Commissioner Taylor to deny the variance request by Mr. and Mrs. McDiarmid for a building permit located on Tower Drive due to the sewer line being approximately 11 feet from the residence with a 20’ wide easement. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Taylor - Yes

Commissioner Hey - Yes

Commissioner Mattix - Yes

RES. NO. 04-05

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REORGANIZATION – 2004:

1. Chairman of the Board –

ACTION: A motion was made by Commissioner Mattix to appoint Commissioner Hey as Chairman of the Board for the year 2004. Motion was seconded by Commissioner Taylor.

ROLL CALL VOTE – Commissioner Taylor - Yes

Commissioner Hey - Yes

Commissioner Mattix - Yes

RES. NO. 04-06

2. Official County Newspaper –

Commissioner Taylor present a letter to the Chairman declaring a conflict of interest and he would not be present for the vote on the official county newspaper. The letter is on file in the County Clerk’s office.

ACTION: A motion was made by Commissioner Mattix to designate the Official County Newspaper for 2004 to be the Coffeyville Journal. Motion was seconded by Commissioner Hey.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix - Yes

Commissioner Taylor - Absent

RES. NO. 04-07

Minutes – January 12, 2004

Page 3

REORGANIZATION (Continued):

3. Department Administrators –

Jail Physician………………………………………………………………………Dr. Gregory Mears

County Auditor---------------------------------------------------------------------- Lavern Strecker

County Coroner--------------------------------------------------------------------- Dr. Gregory Mears

Environmental Health/Zoning Director----------------------------------------- Scott Barnhart

Montgomery County Rural Fire Dist. No. 1 Director------------------------- Gene Tucker

Emergency Preparedness Director---------------------------------------------- Steve Coltharp

Public Works Coordinator-------------------------------------------------------- Barbara Curtis

County Health Director----------------------------------------------------------- Ruth Bardwell

County Counselor------------------------------------------------------------------ The Firm of Hall, Levy,

Devore, Bell, Ott and Kritz, P.A. with Paul Kritz representing the Firm as County Counselor.

The motion was seconded by Commissioner Taylor.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

RES. NO. 04-08

4. Holidays – 2004 –

ACTION: A motion was made by Commissioner Taylor to adopt the following Holiday Schedule for 2004:

Martin Luther King Day – Monday – January 19, 2004

President’s Day – Monday – February 16, 2004

Good Friday – Friday – April 9, 2004 (Employees wishing to attend services will be excused only for time of the services, but County offices will remain open).

Memorial Day – Monday – May 31, 2004

Independence Day – Monday – July 5, 2004

Labor Day – Monday – September 6, 2004

Veterans Day – Thursday – November 11, 2004

Thanksgiving Day – Thursday – November 25, 2004

Day after Thanksgiving Day – Friday – November 26, 2004

Christmas Day – Friday – December 24, 2004

Christmas Eve – Thursday – December 23, 2004

New Year’s Day – Friday – December 31, 2004

The County Offices will close at noon on December 30, 2004 for auditing cash purposes.

Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

RES. NO. 04-09

Commissioner Mattix noted for the record the Holiday Schedule consists of 13 paid holidays which amounts to almost 2 ½ weeks extra vacation for the employees.

Commissioner Hey stated each Commissioner will continue with duties on boards they are presently serving and representing the county.

Commissioner Taylor stated there are two (2) projects he would like to continue; 1. A project in his district not yet disclosed; and work with Dennis Pruitt on Coal Bed Methane Gas beds and the companies in this area. This was agreeable with the Board.

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Minutes – January 12, 2004

Page 4

PUBLIC WORKS:

Barbara Curtis, Public Works Coordinator, presented the weekly written report. The following items were discussed: Overlay on Charloma Road; Sewer District No. 2; and Request permission to solicit quotes for pest control for the Courthouse and Judicial Center. The following action was taken:

ACTION: A motion was made by Commissioner Taylor to allow the Public Works Coordinator to solicit bids for pest control for the Courthouse and Judicial Center. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

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FOUR COUNTY MENTAL HEALTH – RON DENNEY – APPOINTMENT OF BOARD MEMBER:

Ron Denney, Executive Director Four County Mental Health, recommended appointment of Tim Emert to replace Mary Lopez on the Executive Board for Four County Mental Health. The following action was taken:

ACTION: A motion was made by Commissioner Hey to approve the appointment of Tim Emert to replace Mary Lopez on the Executive Board for Four County Mental Health upon the recommendation of Executive Director Ron Denney. Motion was seconded by Commissioner Taylor.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

RES. NO. 04-10

Executive Session:

ACTION: A motion was made by Commissioner Hey to recess to Executive Session at 10:35 AM to return at 10:50 AM to discuss non-elected personnel with Ron Denney present. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

Returned to session at 10:35 AM with no action taken and no decisions made.

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OTHER COUNTY BUSINESS:

5. GAAP WAIVER RESOLUTION –

ACTION: A motion was made by Commissioner Hey to approve the waiver of GAAP (Governmental Accounting Procedures) for Montgomery County for the year 2004. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

RES. NO. 04-11

6. SHERIFF DANIELS – CONTROL BELT REQUEST –

Sheriff Daniels requested approval to purchase a “control belt” at a cost of $1,500.00 and training for four (4) employees. The following action was taken:

ACTION: A motion was made by Commissioner Taylor to approve the purchase of a “control belt” for the Sheriff’s Department and training for four (4) employees to be paid from VIN monies. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

RES. NO. 04-12

Minutes – January 12, 2004

Page 5

OTHER COUNTY BUSINESS (Continued):

7. AMEND DECEMBER 15, 2003 MINUTES (RES. NO. 03-166) COUNTY APPRAISER:

ACTION: A motion was made by Commissioner Taylor to amend the minutes of December 15, 2003and Resolution No. 03-166 to read: “A motion was made by Commissioner Taylor to approve advertising for a Data Collector at a salary of $6.48 for the County Appraiser’s Department.” Seconded by Commissioner Hey.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

RES. NO. 04-13

8. EXECUTIVE SESSION

ACTION: A motion was made by Commissioner Hey to recess to Executive Session at 10:50 AM to return at 11:15 AM to discuss non-elected personnel with the County Clerk and Human Resources Director present. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

Returned to session at 11:15 AM with no action taken and no decisions made.

9. FLEX PLAN REFUND:

ACTION: A motion was made by Commissioner Taylor to deposit the Flex Plan Refund from American Fidelity in the amount of $1,497.80 to the Employee’s Benefit Fund. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Hey - Yes

Commissioner Mattix -Yes

Commissioner Taylor - Yes

RES. NO. 04-14

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ADJOURNMENT: 11:30 AM

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

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RUDY M. TAYLOR - Chairman

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FRENCH L. HEY - Member

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LEE MATTIX - Member

ATTEST:

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County Clerk