2005 05 09

BOARD OF COUNTY COMMISSIONERS

MONTGOMERY COUNTY, KANSAS

OFFICIAL MINUTES

May 9, 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 April 25, 2005 and May 2, 2005 as presented by the County Clerk. The motion was seconded by Commissioner Mattix.

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 Mattix to approve invoices I the amount of $12,205.00 and $170,977.21 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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REGISTER OF DEEDS – STORAGE OF DOCUMENTS AT SALT MINES:

Marilyn Calhoun, Register of Deeds, presented information on the storage of documents at salt mines in Hutchison, Kansas. Ms. Calhoun stated some of the film in storage at the mines has “pink film” which is like a “cancer” and causes deterioration. Imaging Solutions does the imaging work for the Register of Deeds Office and they will restore these films for approximately $7,000.00. The funds will be drawn from the Register of Deeds Technology Fund. No action was needed by the Board.

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PUBLIC HEARING – RURAL WATER DISTRICT NO. 9:

ACTION: A motion was made by Commissioner Mattix to recess to Public Hearing at 9:15 AM. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

Mr. Carl Gorton represented Rural Water District No. 9. A petition was presented for annexation to the water district. There was no public input at the hearing. The following action was taken:

ACTION: A motion was made by Commissioner Mattix to accept and sustain the petition for annexation to Rural Water District No. 9 for the reason that the petition for these particular tracts contain signatures of 50% of the landowners/residents and order that the lands described as follows be set forth be attached to Rural Water District No. 9: “The west half (w 1/2 ) of Section 30; Township 31S; Range 15 E; Montgomery County, Kansas. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 05-108

Returned to regular session at 9:25 AM.

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PUBLIC HEARING – AMAZON.COM:

ACTION: A motion was made by Commissioner Mattix to recess to Public Hearing for Amazon.com at 9:30 AM. Motion was seconded by Commissioner Tucker.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

Those present for the public hearing were: Brian Calvin and Steve Tuszynski representing Amazon.com, Dennis Pruitt representing MCAC, and Cindy Price representing City of Coffeyville. The hearing is for the request for an economic development tax incentive for a 5.7 million dollar investment for pick-modes that will create at least 20 new jobs with the company. The request is for 100% abatement for 10 years (2006 – 2015). Mr. Pruitt presented a cost benefit analysis for 2005 for Amazon.com.

ACTION: A motion was made by Commissioner Mattix that pursuant to K.S.A. 79-251, and having complied with these requirements, the governing body of Montgomery County approves the Constitutional Amendment Provisional to allow abatement, with the creation of 20 additional employees, to Amazon.com., Coffeyville, Kansas. The term for which the exemption will be granted is ten(10) years (2006 through 2015). The exemption is being granted for equipment valued at 5.7 million dollars with a complete detailed list of this equipment attached and incorporated into this resolution.

Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 05-109

ACTION: A motion was made by Commissioner Mattix to adjourn from Public Hearing at

9:50 AM and return to regular session. 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: Rock Map for April; Removal of median at State Lake and 10^th Street; reported on mowing crews; Reported on truck accident at Sycamore, awaiting insurance adjustor; Award of Biennial Bridge Inspection; Award of Bridge Design for County Bridge No. 1121; Major Bridge Replacement Status (County Bridge No. 1206 and County Bridge No. 1001were discussed); Award of Monitoring Well Inspection for Waste Disposal Facility; Noxious Weed request to solicit quotes for chemicals, and Executive Session. The following action was taken as a result of this report.

Biennial Bridge Inspection Bid:

ACTION: A motion was made by Commissioner Mattix to accept the bid of Cook, Flatt & Strobel for the Biennial Bridge Inspection at a cost of $13,140.00 as recommended by the Public Works Coordinator. This includes 285 County, 4 Coffeyville city and 3 Independence city bridges; the cities will reimburse for charges. Debit Special Bridge Fund.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 05-110

Commissioner Tucker commented that he appreciated having a local contact representative for Cook, Flat & Strobel as Mr. Milton Lowmaster is a Montgomery County resident and represents the company.

Bridge Design Bid:

ACTION: A motion was made by Commissioner Mattix to accept the bid as recommended by the Public Works Coordinator for Bridge Design for County Bridge No. 1211 and submitted by Transystems Corp., Independence, Kansas in the amount of $27,155.00. Debit Special Bridge Fund. Motion was seconded by Commissioner Tucker.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 05-111

Well Monitoring Bid:

ACTION: A motion was made by Commissioner Tucker to accept the low bid as recommended by the Public Works Coordinator for Monitoring Wells at old landfill as submitted by Trinity Analytical Lab, Mound Valley, Kansas in the amount of $4,057.00. Debit Waste Disposal Fund.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 05-112

Items Discussed:

Westar proposal on poles to be relocated.

A letter was received from the County Counselor addressing the shared cost of relocating the lines. The letter is on file in the County Clerk’s office.

Report on proceeds from County Auction.

Reported on proceeds from County Auction to be $31,913.50 with $1,153.71 expenses leaving a net of $30,759.79.

3. Tenth Street Speed Limit.

This item is to be placed on the agenda for the next meeting.

Quotes for chemicals.

Approval was given to solicit quotes for chemicals for Noxious Weed Department at an estimated cost of $60,000.00.

ACTION: A motion was made by Commissioner Mattix to authorize the Public Works Coordinator to receive bids by fax for chemicals for Noxious Weed Department. Motion was seconded by Commissioner Tucker.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

EXECUTIVE SESSION:

ACTION: A motion was made by Commissioner Mattix to recess to Executive Session at 10:10 AM to return at 10:30 AM with Barbara Curtis present to discuss non-elected personnel. Motion was seconded by Commissioner Tucker.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

Returned to session at 10:30 AM with no action taken and no decisions made.

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Discussion: Judicial Building – discussed the repair needed and the progress on hiring an employee as previously discussed to do repairs, etc. for Building Maintenance.

Mr. Kenneth Melander appeared at the meeting to advise the Board of a water problem on CR 2400. He said there is only one culvert in the first mile West of Tyro road. Public Works was advised and will check the area.

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EXECUTIVE SESSION – SECRETARIAL POSITION:

ACTION: A motion was made by Commissioner Lewark-Wood to recess at 10:45 AM to return at 11:30 AM to conduct interviews with four (4) secretarial position applicants. The motion was seconded by Commissioner Tucker. Commissioner Mattix abstained from participating in the Executive Session to conduct interviews as he stated he is not in favor of hiring a secretary for the Board of County Commissioners due to not enough duties for a full time employee.

ROLL CALL VOTE – Commissioner Mattix - No

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

Returned from Executive Session at 11:30 AM with no action taken and no decisions made.

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EMERGENCY PREPAREDNESS UPDATE – SCOTT BARNHART:

Scott Barnhart, Acting Emergency Preparedness Coordinator, presented an update on the following:

ADA – county buildings
Chemical dump
Allocations for equipment from grant funds: Coffeyville Fire - $10,000; Sheriff $9,698 (radios) plus and additional $3,200 yet to spend; Montgomery County Rural Fire - $18,664; Independence EMS $13,000 and Independence EMS tow vehicle $30,000.
Calendar of events presented for the Board’s information.
Notice of Meeting Agenda for Montgomery County Planning Commission.

Mr. Barnhart presented a request for a salary increase for the Sanitarian II position in his office. The following action was taken:

ACTION: A motion was made by Commissioner Tucker to approve an increase to $11.25 per hour for Sanitarian II in the Environmental Health/Zoning office effective beginning the next pay period. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 05-113

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OTHER COUNTY BUSINESS:

Thank you notes from Mary Friedle.
Judicial Basement use by Rotary Club –

Approved by the Board

Reschedule 911 Meeting –

Rescheduled for June 16^th and letters will be sent advising of new date by County Clerk.

AWOL Budget Request for 2006 –

ACTION: A motion was made by Commissioner Tucker to approve the budget request for AWOL for 2006 in the amount of $2,000.00. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 05-114

The Department Luncheon –

Rescheduled for June 20^th at 11:30 AM due to the basement being in use on June 27^th.

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ADJOURNMENT: 11:50 AM

ACTION: Motion by Commissioner Mattix, seconded by Commissioner Lewark-Wood.

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