BOARD OF COUNTY COMMISSIONERS

MONTGOMERY COUNTY, KANSAS

OFFICIAL MINUTES

 September 19, 2005

The Board of County Commissioners, three members and the County Clerk present, met at the Road Viewing site of CR4000 & CR 4150 intersection at 9:30 AM for the purpose of considering the closing of a road petitioned to be closed by Buzzi Unicern USA (Cement Plant).  Also present from the county were Barbara Curtis, Public Works Coordinator and Vasco Brown, Supervisor for Public Works.

Public attendance numbered 38.  A list of signatures is on file with road viewing records and information in the County Clerk’s office.

Commissioner Mattix opened the meeting at 9:30 AM and explained the procedure for the viewing.  He asked for a show of hands in favor of closing the road.  A total of 4 were in favor of closing the road.  He then asked for a show of hands against closing the road.  All other 34 members of the public in attendance were against closing the road.

Commissioner Mattix asked for comments from the public. 

1. Mike Smith, President of the Union, spoke in behalf of closing the roads due to years the plant can continue to operate and jobs involved.
2. Dennis Pruitt, MCAC, spoke in behalf of closing the road for economic purposes and jobs.
3. Martin Metcalf, representing Buzzi Unicem USA, spoke in behalf of closing the road due to the need for a particular type of rock to continue operation of the plant.
4. William Fitzpatrick, resident and local attorney, spoke against the closing stating the cement plant “has presented no case”.  He feels this would affect public safety due to the rerouting of traffic on 2^nd Street, which is a residential district.
5. Dr. Richard Barta, Veterinarian, spoke against closing the road due to moving farm equipment, quick response and the safety factor on 2^nd Street and 10^th Street. 
6. It was also noted there is no access from Liberty to farm ground north of river and moving of equipment is the safest and easiest on this road.  Icy conditions are safer when traveling this road than the blacktop road to town.
7. Joe Tucker, resident said he would not oppose if another access road was provided.  The cement plant would not commit to providing or help provide an alternative road.
8. Jim Hare, resident, asked about the 20 year rock supply when the Henderson property was purchased by the cement plant.  They replied it was not the “kind of rock needed to produce the product”.
9. There were several comments on the blasting being done by the plant and the damage to homes in the area.
10. Public Works provided a count of 200 vehicles per day on this road.  It is used by Public Works and does not meet the criteria of Kansas State Statute for closing.

Commissioner Mattix asked for input by the Board.  Commissioner Tucker and Commissioner Lewark-Wood stated they were ready to vote.  The following action was taken:

ACTION:  A motion was made by Commissioner Lewark-Wood to deny the request to vacate the following described road:  A portion of Road 659 (4150-15), as described in Road Record Book 4, Page 24 in the Montgomery County Public Works Office located in Section 5, Township 33 South, Range 16 East of the 6^th Principal Meridian in Montgomery County, Kansas, Beginning approximately 150 feet south of the Rock Creek Bridge thence in a southeasterly direction approximately 3232 feet and having a Right-of-way of 50 feet.

Also,

A portion of Road 502 (4150-15), as recorded in Road Record Book 3, Page 25 in the Montgomery County Public Works Office located in Section 5, Township 33 South, Range 16 East of the 6^th Principal Meridian in Montgomery County, Kansas.  Beginning at the Southeast corner of the Southwest Quarter thence north approximately 1320 feet and having a Right-of-way of 50 feet.

Motion was seconded by Commissioner Tucker. 

    ROLL CALL VOTE – Commissioner Mattix - Yes

                                                   Commissioner Tucker - Yes

                                                   Commissioner Lewark-Wood – Yes

RES. NO. 05-189

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The Road Viewing ended and the Chairman recessed to return to the courthouse at 10:00 AM.  The meeting resumed at the courthouse at 10:10 AM.

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CALL TO ORDER:  Commissioner Mattix.

INVOCATION:  Commissioner Mattix.      

PLEDGE OF ALLEGIANCE:  Commissioner Lewark-Wood.

AGENDA APPROVAL:

ACTION:   A motion was made by Commissioner Mattix to approve the agenda as amended.  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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PUBLIC WORKS:

Road Viewing – Mr. Kirk D. Fryer, petitioner, and Barbara Curtis, Public Works Coordinator, met with the Board as the petitioner for the closing of CR 3200-02.  Mr. Fryer owns the land adjoining the road on all sides.  There was no public input at the meeting.  The following action was taken:

ACTION:  A motion was made by Commissioner Mattix to vacate the following county road as described:

All of Road 54 (3200-02), as described in Road Record Book 3, Page 69 in the Montgomery County Public Works Office located in Section 36, Township 33 South, Range 16 East of the 6^th Principal Meridian in Montgomery County, Kansas being approximately .25 mile in length and having a Right-of-Way of 40 feet.

Also,

All of Road 442 (3200-02), as recorded in Road Record 2, Page 545 in the Montgomery County Public Works Office located in Section 36, Township 33 South, Range 16 East of the 6^th Principal Meridian in Montgomery County, Kansas.  Being approximately .25 mile in length and having a Right-of-Way of 40 feet.  Except that portion already vacated.

Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

                                                   Commissioner Tucker - Yes

                                                   Commissioner Lewark-Wood – Yes

RES. NO. 05-190

Ms. Curtis advised the Board there was no written report due to being on vacation the past week.

Right-of-way Clearance Utility Arrangement Authority and Method Procedure was presented for Project Number 63 C-4062-01 located 0.7 mile south and 0.25 west of Havana for the signature of the Chairman.  The following action was taken:

ACTION:  A motion was made by Commissioner Tucker to authorize the Chairman to sign on behalf of Montgomery County the Right-of-way Clearance Utility Arrangements Authority and Method Procedure for Project Number 63 C-4062-01 located 0.7 mile south and 0.25 west of Havana as required by the State of Kansas.  Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

                                                   Commissioner Tucker - Yes

                                                   Commissioner Lewark-Wood – Yes

RES. NO. 05-191

Bids – (1) Snow Plow/Spreader & (3) Hopper Spreaders:

Bids were opened for (1) Snow Plow/Spreader and (3) Hopper Spreaders.  Bids were as follows:

Midwest Truck Equipment, Inc., Wichita, Kansas                                      Total Bid - $33,296.00

No other bids

The bid was referred to Ms. Curtis to check specifications.  Recommended accepting the bid from Midwest Truck Equipment, Inc., Wichita in the amount of $33,296.00.  The following action was taken:

ACTION:  A motion was made by Commissioner Tucker to approve the recommendation of the Public Works Coordinator to accept the bid for (1) Snow Plow/Spreader and (3) Hopper Spreaders from Midwest Truck Equipment, Inc., Wichita, Kansas in the amount of $33,296.00 for the Road and Bridge Department.  Debit Special Equipment Fund.  Motion was seconded by Commissioner Lewark-Wood.

    ROLL CALL VOTE – Commissioner Mattix - Yes

                                                   Commissioner Tucker - Yes

                                                   Commissioner Lewark-Wood – Yes

RES. NO. 05-192

Ms. Curtis discussed the county bridge on the Oklahoma State Line. Washington County, Oklahoma will replace the bridge south of Caney.  Kansas Department of Transportation has no problem with it being replaced by Washington County and the Board of County Commissioners stated they have no problem. 

Discussed road concerns the Board had received.  These were given to Public Works to inspect.

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DEPARTMENT OF CORRECTIONS – CONVECTION STEAMER BID

ACTION:  A motion was made by Commissioner Lewark-Wood to approve the purchase of a convection steamer for Department of Corrections from Muchenthaler Inc., Emporia, Kansas in the amount of $10,024.00.  Debit County General Capital Outlay Fund.  Motion was seconded by Commissioner Tucker.

    ROLL CALL VOTE – Commissioner Mattix - Yes

                                                   Commissioner Tucker - Yes

                                                   Commissioner Lewark-Wood – Yes

RES. NO. 05-193

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PLANNING & ZONING – REZONING PROPOSAL:

Scott Barnhart, Environmental Health/Planning & Zoning Administrator, presented the recommendation regarding the hearing on rezoning application MGRZ 05-02.  The applicant, Evergreen Industries, LLC, requested rezoning for a site selected for a tower to be constructed.  The Planning and Zoning Board unanimously voted to approve the rezoning to allow an amended change from the current Residential (R-1) to Commercial (B-2) for a portion of the parcel 100 feet square in it’s northwest corner and an ingress/egress access and cable easement off of 21^st Street approximately 25 feet wide on a part of Lot 11, Taylor’s Addition to Independence, Kansas, a part of the W/2 of Section 24, Township 32 South, Range 15 East, Montgomery County, Kansas.  This action requires approval by the Board of County Commissioners.  The following action was taken:

ACTION:  A motion was made by Commissioner Mattix to approve the recommendation of the Planning and Zoning Board to approve the rezoning to allow an amended change from the current Residential (R-1) to Commercial (B-2) for a portion of the parcel 100 feet square in it’s northwest corner and an ingress/egress access and cable easement off of 21^st Street approximately 25 feet wide on a part of Lot 11, Taylor’s Addition to Independence, Kansas, a part of the W/2 of Section 24, Township 32 South, Range 15 East, Montgomery County, Kansas.  The motion was seconded by Commissioner Lewark-Wood.

    ROLL CALL VOTE – Commissioner Mattix - Yes

                                                   Commissioner Tucker - Yes

                                                   Commissioner Lewark-Wood – Yes

RES. NO. 05-194

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COUNTY APPRAISER – BID RECOMMENDATION FOR VEHICLE:

County Appraiser, Bob Kline presented his recommendation for the purchase of vehicle as bid.  His recommendation is to purchase a 2006 Ford Escape from Quality Motors, Independence, Kansas in the amount of $19,970.30.  The following action was taken:

ACTION:  A motion was made by Commissioner Mattix to approve the purchase of a 2006 Ford Escape and award the bid to Quality Motors, Independence, Kansas in the amount of $19,970.30 with two (2) vehicles being taken out of service in the County Appraiser’s Department to be placed in the county auction.  Debit County General Capital Outlay Fund.  Motion was seconded by Commissioner Lewark-Wood.

    ROLL CALL VOTE – Commissioner Mattix - Yes

                                                   Commissioner Tucker - Yes

                                                   Commissioner Lewark-Wood – Yes

RES. NO. 05-195

The letter from Kansas Department of Revenue Division of Property Valuation Department on the annual statistical and procedural compliance review for Montgomery County was discussed.  A letter was received from Mr. Kline outlining the action taken by his department to resolve requirements from the State.

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SHERIFF STAN VEACH – DONATION OF VEHICLES – SHERIFF’S RESERVE:

Sheriff Veach discussed the possibility of the two (2) cars being taken out of service by the Sheriff’s Department to be donated to the Sheriff’s Reserve and the Reserves would pay for insurance and all expenses on the vehicles.  The Board took this under consideration and Mr. Veach was to return to the meeting today.

Commissioner Mattix stated he “does not feel comfortable with donating the vehicles to the Sheriff’s Reserve”.  Commissioner Tucker stated these vehicles are being taken out of service due to miles and expense and he was not in favor of the request.  Commissioner Lewark-Wood abstained.  The request was denied.

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COUNTY APPRAISER – HUMAN RESOURCES (LONGEVITY PAY):

Kathy Craig, Appraiser’s Office and Liz Schwatken, Human Resources Director, met with the Board to discuss the policy stated in the Employee Handbook on full-time employees and part-time employees longevity pay.  The handbook states longevity pay for full-time employees.  Two employees in the County Appraiser’s Office will go from full-time to part-time employees at the request of the Department Supervisor.  The question is, will they continue to receive longevity pay since they will become part-time employees.  It was decided since this reduction in hours is at the request of the department and not of their choice, they will continue to receive longevity pay.  The following action was taken:

ACTION:  A motion was made by Commissioner Lewark-Wood to authorize longevity pay to be continued in the amount of $37.50 per month for Colleen McCabe and $50.00 for Ruby Smith due to their status change being at the request of the County Appraiser to regular part-time from regular full-time, effective August 26, 2005.  Motion was seconded by Commissioner Mattix.

    ROLL CALL VOTE – Commissioner Mattix - Yes

                                                   Commissioner Tucker - Yes

                                                   Commissioner Lewark-Wood – Yes

RES. NO. 05-196

Mr. Kline request approval to purchase four (4) bright colored vests with identification-embroidered on the vests to identify they are with the county.  The Board approved the purchase of four (4) vests not to exceed $200.00 total.

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OTHER COUNTY BUSINESS:

1. Vehicle – Emergency Preparedness –

Mr. Miller was instructed to look for a used vehicle, preferably a pickup truck, for $10,000 or less.

2. Response to Attorney General – Unified Court Budget –

Commissioner Mattix prepared a response to Paul Kritz, County Counselor to submit to Mary Feighny, Assistant Attorney General, State of Kansas in regard to Judge Dent’s letter to control of judicial budget.  The letter was a brief summary explaining the thought processes and responsible actions the Board of County Commissioners employed in deciding to not pay tuition expenses to Washburn University for Ms. Michelle L. Lahey.  The letter is on file in the County Clerk’s office.

3. Executive Session –

ACTION:  A motion was made by Commissioner Lewark-Wood to recess to Executive Session at 10:32 AM to return at 10:45 AM with the Board 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 10:45 AM with no action taken and no decisions made.

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ADJOURNMENT:    11:50 AM

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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