BOARD OF COUNTY COMMISSIONERS
MONTGOMERY COUNTY, KANSAS
OFFICIAL MINUTES
January 24, 2005
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 Mattix.
INVOCATION: Commissioner Tucker.
PLEDGE OF ALLEGIANCE: Commissioner Lewark-Wood.
AGENDA APPROVAL:
ACTION: A motion was made by Commissioner Lewark-Wood to approve the agenda as amended. The motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
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APPROVAL OF MINUTES:
ACTION: A motion was made by Commissioner Tucker to approve the minutes of January 10, 2005 as presented by the County Clerk. The motion was seconded by
Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
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APPROVAL OF PAYMENT OF INVOICES:
ACTION: A motion was made by Commissioner Lewark-Wood to approve invoices in the amount of $11,054.10, $49.32, $5,836.16 AND $114,990.85 as presented by the County Clerk’s office. The motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
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COUNTY APPRAISER/COUNTY COUNSELOR – FARMLAND/COFFEYVILLE RESOURCES:
Paul Kritz, County Counselor, Jim Shontz and Kathy Craig, County Appraiser’s office met with the Board to discuss the Farmland Industries bankruptcy request for abatement of 4.25 million dollars in taxes for the years 2001, 2002 and 2003. This request has been made by the liquidation trustee for the bankruptcy court based on an 8 million dollar valuation. Farmland applied for bankruptcy in 2002.
Jim Shontz, County Appraiser does not believe is correct for the amount of taxes paid to the county. These figures will be confirmed for differences in amount of taxes.
Mr. Shontz also quested the amount of fair market value being set at 8million dollars and should have been appraised at least for 30 million dollars. He recommends an outside fee appraiser .
Commissioner Mattix and Paul Kritz met with a representative of Ernst/Young. The County has 120 days to respond before action can be filed against the County by the bankruptcy court of Missouri.
EXECUTIVE SESSION:
ACTION: A motion was made by Commissioner Mattix to recess to Executive Session for Attorney/Client Privilege with Paul Kritz, Jim Shontz, Kathy Craig and the County Commissioners present at 9:28 AM to return at 9:40 AM. Motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
Returned to session at 9:40 AM with no action taken and no decisions made.
Commissioner Mattix suggested the County Counselor procure a bankruptcy attorney. The following action was taken:
ACTION: A motion was made by Commissioner Mattix to authorize the County Counselor to procure a bankruptcy attorney for the Farmland Industries bankruptcy action. Motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-10
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JUVENILE JUSTICE AUTHORITY – GRANT APPLICATIONS:
Duane Powell, JJA Director, presented grant applications in the amount of $3,094.46 and budget summaries for 2005-2006. The following action was taken:
ACTION: A motion was made by Commissioner Mattix to approve the Chairman of the Board to sign grant applications in the amount of $3,094.46 for Juvenile Justice Authority on behalf of Montgomery County. Motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
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PUBLIC WORKS:
Barbara Curtis, Public Works Coordinator, presented the weekly written report. The following items were discussed: Road & Bridge (Road Complaints were addressed by Commissioner Lewark-Wood on ditches and crowning of roads); Requested permission to close the office at 3:00 PM Friday to attend a retirement reception for Don Collier (Approval was given to close the office); Gravel Report; Discussion of Angola Road surfacing. Requested Belco be contacted for prices for asphalting; Major Bridge Replacement Status Report; Shared Leave Request; Building Maintenance Pest Control Bid; Household Hazardous Waste schedule; and Sewer District No. 2 (Grant not awarded to complete the sewer district rehabilitation. As a result of this report, the following action was taken:
ACTION: A motion was made by Commissioner Mattix to approve 848 hours shared sick leave an employee of the Road and Bridge Department and to waive the requirement for the hours to be from same department and fund. Motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-11
ACTION: A motion was made by Commissioner Tucker to approve the pest control bid for Building Maintenance and award the bid to the lowest bidder, SWAT Team, Independence, Kansas in the amount of $1,494.00. Motion was seconded by Commissioner Mattix.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-12
There was discussion about county funds being used for retirement parties. It was decided to allow $100.00 to be spent per retirement. The following action was taken:
ACTION: A motion was made by Commissioner Tucker to approve expenditures of not more than $100.00 per retirement for cookies and punch and to notify the media of the retirement and to invite the public. Motion was seconded by Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-13
Road Complaint – Randy Clark, Dennis Bayless and Steve Clark were present for Public Works and presented a request for better road maintenance at the Junction of CR 1350 and 3000 and west 1 and ½ miles on CR 3000. They said trees are overgrowing the roads and crowning and grading is needed. They requested a policy for crowning at ½” per foot be adopted by the Board of County Commissioners. They commented on friendly attitudes by Public Works. The roads will be viewed to determine what maintenance is needed. No action was taken by the Board.
JUDGE DENT – LEGAL AID REPRESENTATION OF JUVENILES:
Judge Dent advised the Board Legal Aid of Southeast Kansas will be representing juveniles in Montgomery County and will require an office. He suggested the use of the office on the second floor of the Judicial Building formerly the old law office. It will take some slight remodeling that can be done in-house. This is a non-profit organization and will require a contract.
The Board approve Judge Dent’s recommendation and a contract will be provided for Montgomery County at a later date.
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SHERIFF STAN VEACH – VEHICLES & JAIL ADMINISTRATOR APPROVAL:
Sheriff Veach discussed the possibility of purchasing used vehicles from the State. He advised he could purchase five (5) former Kansas State Highway Patrol cars for the price of three new cars. These cars would be equipped with lights and sirens for an extra small amount of money. The Board approved the following:
ACTION: A motion was made by Commissioner Mattix to approve the purchase of Kansas State Highway Patrol vehicles, approximately five (5) vehicles, not to exceed $70,000.00. Motion was seconded by Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-14
A recommendation was made by Sheriff Veach requesting a resolution be made to approve Robert Booth as Jail Administrator effective January 3, 2005. The following action was taken:
ACTION: A motion was made by Commissioner Tucker to accept the recommendation of the Sheriff and approve the appointment of Robert Booth as Jail Administrator at a salary of $2690.13 per month effective January 3, 2005. Motion was seconded by Commissioner Mattix.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-15
Sheriff Veach presented information regarding Julie McConnell’s daughter working in DOC and Julie being the supervisor. A letter from the employees was present but the letter was unsigned, only a typed “All Department of Corrections Employees” against Ms. McConnell’s daughter working under her supervision.
At a previous commission meeting when Jerry Williams was DOC Administrator, he requested the Board approve Ms. McConnell’s daughter to work in DOC and the policy for nepotism be waived. He was given verbal approval but the Board did not make a resolution as required. The following action was taken as a result of the conversation over a year ago:
ACTION: A motion was made by Commissioner Mattix to waive the county nepotism policy for the Department of Corrections regarding the hiring of Crystal Stewart and leave the employees concerned in their current positions. The motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – No
RES. NO. 05-16
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ENVIRONMENTAL HEALTH/ZONING:
Scott Barnhart, Environmental Health/Zoning Director, met with the Board to discuss the following:
ACTION: A motion was made by Commissioner Tucker to authorize the Chairman to sign, on behalf of Montgomery County, the Permit Modification Request for an Existing Solid Waste Landfill for the City of Coffeyville. Motion was seconded by Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-17
Agreement is being developed by County Counselor and will be available for the Commission and the City of Dearing for approval as soon as possible.
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EXECUTIVE SESSION:
ACTION: A motion was made by Commissioner Mattix to recess to Executive Session at 11:59 AM to return at 12:04 PM to discuss non-elected personnel with Kathy Craig and County Appraiser Jim Shontz present. Motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
Returned to session at 12:02 PM with no action taken and no decisions made.
Discussion: Mr. Shontz request donating comp time from Kathy Craig and himself to an employee for medical purposes for a total of 74 hours. The following action was taken:
ACTION: A motion was made by Commissioner Lewark-Wood to approved shared leave through the donation of comp time from Kathy Craig and Jim Shontz, a total of 74 hours, to an employee of the Appraiser’s Department for medical leave. Motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-20
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OTHER COUNTY BUSINESS:
ACTION: A motion was made by Commissioner Lewark-Wood to approve the cancellation of outstanding treasurer’s checks in the amount of $849.27 and to be credited to the General Fund. Motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-18
ACTION: A motion was made by Commissioner Lewark-Wood that Chapter 79, Article 28 of the Kansas Statutes Annotated provides the process for judicial foreclosure and sale of real estate sold and bid in by the county at any delinquent ad valorem property tax sale; and
K.S.A. 79-2801 requires the Board of County Commissioners to order the county counselor to institute an action for the foreclosure and sale of such real estate.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-19
ACTION: A motion was made by Commissioner Mattix to not pay the dues for membership in Southeast Kansas Inc. for 2005. Motion was seconded by Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
ACTION: A motion was made by Commissioner Lewark-Wood, that all Banks, Branch Banks and Savings and Loan Organizations in the County, so long as they meet Depository Guarantee Requirements, will be designated as Depositories for Montgomery County in 2005. Motion was seconded by Commissioner Tucker.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-21
ACTION: A motion was made by Commissioner Mattix to adopt the Fair Housing Policy for CDBG Grant for Sewer District No. 2 and to publish same in the official county newspaper. Motion was seconded by Commissioner Tucker.
ACTION: A motion was made by Commissioner Mattix to approve $1,000.00 to be paid to the four (4) school districts, USD 436, USD 445, USD 446, and USD 447, at a total of $250.00 each to be used for After Prom activities for the prevention of Drugs and Alcohol. Seconded by Commissioner Tucker. Debit Special Alcohol Fund.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-22
ACTION: A motion was made by Commissioner Tucker to authorize the County Clerk to obtain bids for a new copier for the Clerk and Election offices. Motion was seconded by Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
ACTION: A motion was made by Commissioner Lewark-Wood to approve the renewal for a Cereal Malt Beverage License for Sycamore Valley Golf Course for “consumption on the premises”. Motion was seconded by Commissioner Mattix.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-23
ACTION: A motion was made by Commissioner Tucker that all establishment facilities be inspected by Montgomery County Rural Fire Coordinator before a cereal malt beverage license is issued. Motion was seconded by Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-24
ACTION: A motion was made by Commissioner Mattix to pay membership dues for Montgomery County to Kansas Association of Counties for the year 2005 in the amount of $5,748.80. Debit County Commissioner’s Fund.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-25
Departments will each complete their own inventory for their assets.
ACTION: A motion was made by Commissioner Mattix to accept the grievance submitted to the Montgomery County Sheriff by Alta Lewis and appoint Marilyn Calhoon, Ruth Bardwell and Fred Long to the Grievance Committee. Human Resources will notify the employees. Motion was seconded by Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
RES. NO. 05-26
*Fred Long was not able to serve due to his supervisory capacity and Paul Gillman was appointed to the Committee.
Night meetings for the Commission was discussed and it was decided to have two (2) night meetings per month beginning at 7:00 PM on the 2nd and 4th Thursday of each month. The first meeting will be held February 10th at 7:00 PM in the Commission Meeting Room. Agendas will be available for each meeting.
Luncheons will resume the last Monday of each month beginning in February and each meeting will have an agenda set by one commissioner. The commissioners will rotate each month and be in charge of the luncheon meeting.
ACTION: A motion was made by Commissioner Tucker to recess to Executive Session at
12:27 P to return at 12:45 PM to discuss non-elected personnel with Human Resources Director and the County Clerk present. Motion was seconded by Commissioner Lewark-Wood.
ROLL CALL VOTE – Commissioner Mattix – Yes
Commissioner Tucker – Yes
Commissioner Lewark-Wood – Yes
Returned to session at 12:45 PM with no action taken and no decisions made.
Discussion: The Human Resources Director was instructed to research all positions and return to the Board with the possibility of being able to combine or eliminate any positions that are not full-time positions at this time. This will be discussed at the next regular meeting.
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ADJOURNMENT: 12:55 PM
ACTION: Motion by Commissioner Lewark-Wood, seconded by Commissioner Mattix.
ROLL CALL VOTE – Commissioner Mattix - Yes
Commissioner Tucker - Yes
Commissioner Lewark-Wood – Yes
BOARD OF COUNTY COMMISSIONERS
MONTGOMERY COUNTY, KANSAS
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LEE MATTIX, Chairman
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GENE TUCKER, Member
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BILLIE LEWARK-WOOD, Member
ATTEST:
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County Clerk
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