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BOARD OF COUNTY COMMISSIONERS MONTGOMERY COUNTY, KANSAS OFFICIAL MINUTES March 1, 2004 The Board of County Commissioners, three members and the County Clerk present, met in regular session at 9:00 AM. ******** CALL TO ORDER: Commissioner Hey. INVOCATION: Commissioner Mattix. PLEDGE OF ALLEGIANCE: Commissioner Taylor. AGENDA APPROVAL: ACTION: A motion was made by Commissioner Taylor to approve the agenda as presented. The motion was seconded by Commissioner Mattix. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - Yes Commissioner Taylor - Yes ******** APPROVAL OF MINUTES: ACTION: A motion was made by Commissioner Mattix approve the minutes of February 16th (special meeting) and February 23, 2004 as presented by the County Clerk. The motion was seconded by Commissioner Taylor. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - Yes Commissioner Taylor - Yes ******** APPROVAL OF PAYMENT OF INVOICES: ACTION: A motion was made by Commissioner Taylor to approve invoices in the amount of $7,676.23 and $182,690.06 as presented by the County Clerk’s office. The motion was seconded by Commissioner Mattix. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - Yes Commissioner Taylor - Yes ******** SANITARY SEWER EASEMENT ISSUE – TOWER DRIVE: Jeff Chubb, Attorney for Mr. and Mrs. Jim McDiarmid, met with the Board and presented information regarding the McDiarmid’s request for a building permit for addition to their residence. Mr. Chubb presented pictures and information. Those attending the meeting were: Jack and Alberta Morris, Vicki Tucker, Jennifer Fitzjohn, Becky McDiarmid, Vic Gorman, Willard and Sara Bright, Roger Myers, Scott Barnhart, Jeff Chubb and Barbara Curtis. The pictures Mr. Chubb presented were of residences having additions or structures over the sewer line. Ms. Curtis stated Kansas Department of Health and Environment says structures should not be over sewer easements. Commissioner Mattix said there is a manhole for the sewer and the contractor should have checked the location of the sewer line. He also said the county is not responsible for errors of developers and contractors nor for pre-existing structures on sewer easements. There was some discussion about moving Minutes – March 1, 2004 Page 2
SANITARY SEWER EASEMENT ISSUE (Continued): of the sewer line and Commissioner Taylor said any moving of the sewer line will be at the expense of the residents on Sewer District No. 2. Commissioner Hey requested an Executive Session. ACTION: A motion was made by Commissioner Hey to recess to Executive session at 9:35 AM to return at 9:45 AM. Motion died for lack of a second.
ACTION: A motion was made by Commissioner Taylor to grant the variance to allow Jim and Becky McDiarmid to construct the structure applied for in the building permit request for Lot 2, Block 3 County Clerk’s Plat Sunset Village Subdivision of a part of the East ½ of Sec. 12 Twp 33 Range 15, but no future variances will be allowed in this subdivision. Motion was seconded by Commissioner Hey. An Encroachment Agreement will be drafted by the County Counselor. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - No Commissioner Taylor - Yes RES. NO. 04-37******** PUBLIC WORKS: Barbara Curtis, Public Works Coordinator, presented the weekly written report. The following items were discussed: 1. Road and Bridge (Request for two (2) road vacations). 2. Noxious Weed – Request to change classification of casual-employee from Equipment Operator I Range 2 (2-1 $7.44 per hour) to Equipment Operator I Range 2 (2-2 $8.58 per hour). The road viewing was set for 9:00 AM March 22nd for Road 1425-12 and 10:15 AM for Deer Trail Estates. The Board did not approve the change in classification of casual-employee for the Noxious Weed Department. 3. Pipe Bid – Bid ACTION: A motion was made by Commissioner Hey to approve the bids for pipe for Road and Bridge Department as follows: Corrugated metal pipe to J & J Metal Products, Co., Paola, Kansas in the amount of $7,374.48 and steel pipe to JRC & Company, Derby, Kansas in the amount of $4,411.20. Debit Road and Bridge Fund a total of $11,785.68. Motion was seconded by Commissioner Mattix. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - Yes Commissioner Taylor - Yes RES. NO. 04-38 The Board was asked to reconsider the description of the road closing originally requested by Kirt Frier. The Board agreed the description would not be changed and would remain as amended by the seconded description. ******** Minutes – March 1, 2004 Page 3 MONTGOMERY COUNTY RURAL FIRE DISTRICT NO. 1: Gene Tucker, Montgomery County Rural Fire District Director, presented a request for bids for a new truck bed for the truck at Liberty at an approximate cost of $5,000. The following action was taken: ACTION: A motion was made by Commissioner Mattix to approve the Montgomery County Rural Fire District Director to obtain bids for a new truck bed for the fire truck at Liberty Station at an approximate cost of $5,000.00. The motion was seconded by Commissioner Taylor. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - Yes Commissioner Taylor - Yes EXECUTIVE SESSION: ACTION: A motion was made by Commissioner Hey to recess to Executive Session at 10:10 AM to return at 10:20 AM to discuss non-elected personnel with Gene Tucker and the Board of County Commissioners present. Motion was seconded by Commissioner Taylor. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - Yes Commissioner Taylor - Yes Returned to session at 10:20 AM with no action taken and no decisions made. Mr. Tucker presented a letter of resignation effective the end of May, 2004 and stated he will be retiring from Montgomery County Rural Fire Director position as of that date. The following action was taken: ACTION: A motion was made by Commissioner Taylor to accept the letter of resignation due to retirement from Gene Tucker, Montgomery County Rural Fire District No. 1 Director, effective the end of May, 2004. Motion was seconded by Commissioner Mattix. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - Yes Commissioner Taylor - Yes RES. NO. 04-39 ******** ADJOURNMENT: 10:30 AM ACTION: Motion by Commissioner Mattix, seconded by Commissioner Taylor. ROLL CALL VOTE – Commissioner Hey - Yes Commissioner Mattix - Yes Commissioner Taylor - Yes BOARD OF COUNTY COMMISSIONERS MONTGOMERY COUNTY, KANSAS
_____________________________________ FRENCH L. HEY, Chairman _____________________________________ LEE MATTIX - Member _____________________________________ RUDY M. TAYLOR – Member ATTEST: ____________________________________ County Clerk |
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