2006 03 06

BOARD OF COUNTY COMMISSIONERS

MONTGOMERY COUNTY, KANSAS

OFFICIAL MINUTES

March 06, 2006

The Board of County Commissioners, three members and the County Clerk present, met in regular session at 9:00 AM.

********

CALL TO ORDER: Commissioner Mattix.

INVOCATION: Commissioner Tucker.

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

********

APPROVAL OF MINUTES:

ACTION: A motion was made by Commissioner Lewark-Wood to approve the minutes of February 19, February 27^th and March 2^nd as presented by the County Clerk with the February 19^th and March 2^nd minutes amended as follows:

February 19 – To include: Commissioner Mattix, “It is not the responsibility of the Fire Board to establish salaries and make purchases, that is the responsibility of the Commission. The Fire Board is an advisory board and the Commission is the executive board.”

March 2– Correct Road Numbers from CR 5000 to “between CR 5700 and 5900”.

The motion was seconded by Commissioner Tucker

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

********

APPROVAL OF PAYMENT OF INVOICES:

ACTION: A motion was made by Commissioner Mattix to approve invoices in the amount of $204,214.07 and $124,163.13 as presented by the County Clerk’s office. The motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

********

REGISTER OF DEEDS – FEES:

Marilyn Calhoun, Register of Deeds, discussed a problem with an individual questioning the fees charged by the Register of Deeds for taking pictures with a personal digital camera. A copy fee is charged regardless if taken by the individual or by the staff. A staff member must remain with the documents at all times which incurs an hourly charge for their services. After discussing the problem, Ms. Calhoun said she will visit with other Register of Deeds and return to the Board with a report on how they are handling the problem.

********

COLONIAL INSURANCE – VIRGINIA HAFFENER:

Ms. Virginia Haffener and Ms. Diana Bredehoft presented information on the “cafeteria plan” offered by Colonial Insurance. Ms. Haffener was thanked for her information and advised a plan had been accepted with AFLAC for this year. She was invited to bid at the beginning of 2007.

********

AFLAC – SARA FIELD:

Ms. Sara Field, representative for AFLAC advised the Board the same plans and services previously discussed with Colonial Insurance are offered by AFLAC. She thanked them for the chance to serve Montgomery County and stressed how courteous the employees have been to work with. She asked for questions on the plan and said individual meetings will begin with employees one on one for the plan for the coming year.

********

PLANNING AND ZONING – SCOTT BARNHART :

JOB DESCRIPTION: Mr. Barnhart presented the completed Job Description for the Clerk l/Postal Clerk Position. The Job Description was accepted by the Board and will be filed with Human Resources Department.
PLANNING COMMISSION APPOINTMENTS AND BOARD OF ZONING APPEALS: The positions of Mr. Brad Hall and Mr. Darrel Roe are due for appointment. Both individuals have agreed to serve; Mr. Hall on the Montgomery County Planning Commission and Mr. Roe on the Board of Zoning Appeals. The following action was taken:

ACTION: A motion was made by Commissioner Mattix to reappoint Mr. Brad Hall to the Montgomery County Planning Commission and Mr. Darrel Roe to the Board of Zoning Appeals for three (3) year terms each (December 2005 – December 2008). Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 06-45

********

MONTGOMERY COUNTY RURAL FIRE #1 – WILBUR SCHWATKEN:

A request to purchase 14 sets of bunker gear and proceed with the bidding process was presented by Mr. Wilbur Schwatken, MCRF Director. This will be two (2) sets per station. The following action was taken:

ACTION: A motion was made by Commissioner Mattix to authorize the MCRF Director to obtain bids for 14 sets of bunker gear. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

EXECUTIVE SESSION:

ACTION: A motion was made by Commissioner Tucker to recess to Executive Session at 10:05 AM to return at 10:10 AM with Wilbur Schwatken present, to discuss non-elected personnel. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

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

Ken Collins and Mr. Schwatken requested the purchase of a laptop for MCRF to run software for radios and other programs. The cost for the computer with three (3) year parts and labor would be $1,299.00 plus shipping. The following action was taken:

ACTION: A motion was made by Commissioner Mattix to approve the purchase of a laptop computer for Montgomery County Rural Fire Director at a cost not to exceed $1,400.00. Debit MCRF Fund. Motion was seconded by Commissioner Tucker.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 06-49

Mr. Schwatken asked where there is available space to store rural fire items. Mr. Schwatken, Jim Miller, Barbara Curtis and Sheriff Veach will make a proposal to the Board for storage after determining how much space is needed.

Mr. Schwatken advised the Board $4,600.00 was spent by the fire district on fuel last month due to the fires throughout the county.

Mr. Schwatken presented copies to the Board of the Tuesday, January 10, 2006 Montgomery County Rural Fire Board of Trustees meeting.

********

PUBLIC WORKS:

No weekly written report.

EXECUTIVE SESSION – PUBLIC WORKS:

ACTION: A motion was made by Commissioner Mattix to recess to Executive Session at 10:10 AM to return at 10:30 AM to discuss non-elected personnel with Barbara Curtis, Public Works Coordinator present and at her request, 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 10:30 AM with no action taken and no decisions made.

Discussed the following items:

Ms. Curtis discussed the seminar she had attended;
April 19^th will be the SEK Commissioner and Highway meeting;
Provided cost per mile for rock surface
Requested to submit salary increases for employees and was told they could be submitted; Commissioner Mattix said to present the request at the next meeting. Commissioner Tucker suggested not to hold to straight percent increase because the low end stays low and high gets higher.
Discussed Mrs. Allen request for work to be done on CR 2600. Commissioner Mattix discussed the meeting of March 2^nd when Ms. Allen met with the Board and made the request for work to be done on CR2600.

Commissioner Lewark-Wood addressed the fact that requests have been made by Ms. Allen for 13 years and this year the budget should be ahead because of weather. She feels there should be some gravel put on the road.

Commissioner Mattix said it would be putting “good money after bad” and feels it should be left as is.

Commissioner Lewark-Wood stated she totally disagreed.

Commissioner Tucker said they could do a little improvement on west 1000 feet, or somewhere in that neighborhood, on the end of the road and that will make Mrs. Allen happy. This would be approximately $1,000 for ¼ mile and enhance the ditch.

It was approved to spend approximately $1,000 on work on CR 2600.

OTHER COUNTY BUSINESS:

Longevity –

A change in the county policy for the employee handbook regarding a break in service and how it affects longevity was discussed. Commissioner Lewark-Wood expressed concern that a long-time employee has a short break in service for whatever reason, and they loose their longevity and service recognition and start all over again.

Commissioner Mattix said since it affects two of the commissioners, he feels it will be taken as a “personal exception”.

Commissioner Lewark-Wood said she was not interested in reinstating the money, it is the fact of only being off a short while (43 days) and starting over on service recognition. The time off was mandatory for KPERS.

After discussion, the following action was taken:

ACTION: A motion was made by Commissioner Tucker to amend the Employee Handbook on Longevity to read “Employees will be granted a one (1) time break in service without losing longevity if returning to county employment within one (1) year from break in service date. This policy will be effective January 14, 2006 for reinstatement of longevity pay and service date. Effective January 13, 2005 if an employee returned to the service of the county within one (1) year from break in service, beginning service date will not be affected for recognition of service only. Anniversary date of the employee will be adjusted by the length of time between termination and reemployment. Service awards will be given in five (5) year increments after 10 years of service and up to 40 years of service. All service awards after 20 years will be given with a stone setting. Human Resources is authorized to order all service awards as needed.

Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 06-46

Neighborhood Revitalization –

ACTION: A motion was made by Commissioner Lewark-Wood to approve the proposed language and comment section to include a “redemption clause” for Neighborhood Revitalization Plans within Montgomery County as follows:

“For purposes of determining initial eligibility for participation I the Neighborhood Revitalization Plan, any taxpayer that is delinquent on a real estate tax payment or special assessment payment on any property located in Montgomery County, Kansas, shall not be eligible to participate in the plan. After becoming eligible for participation, any taxpayer that is delinquent in payment of real estate taxes or special assessments on any property owned by the taxpayer in Montgomery County, Kansas, shall not be eligible for the tax rebate under the plan for that tax year only. Any rebate lost for a specific year due to a delinquent payment cannot be retroactively restored. If a taxpayer cures the delinquency, the taxpayer shall be eligible for tax rebates under the plan in future years. A reinstatement fee of $ 100.00 will be paid by the taxpayer before becoming eligible after delinquency is cured. The rebate plan is for a 10-year term. Loss of eligibility for any year shall not cause the term of the plan to be extended. Motion was seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

RES. NO. 06-47

3. Candidate Policy for Employees -

ACTION: A motion was made by Commissioner Mattix to amend Montgomery County Resolution 96-83 to read:

WHEREAS: Attorney General Opinion No. 96-9 interprets Kansas Statutes to allow Counties to adopt a general employee policy requiring non-elected employees of counties to take an unpaid leave of absence during the time they are a candidate running for county office; and

WHEREAS: Montgomery County is subject to many rules and regulations involving employment law; and

WHEREAS: Montgomery County previously determined it was in the best interest of the citizens of Montgomery County as well as in the best interest of county employees to require non-elected employees subject to personnel policy authority of the Board of County Commissioners to take an unpaid leave of absence during the time they are running for county offices;

WHEREAS: It is the opinion of the current Board of County Commissioners this policy should be changed to amend County Resolution 96-83; therefore, county employees will not be required to take an unpaid leave of absence during the time they are running for county office if not running against the incumbent of the office they are an employee.

Effective this 6^TH day of March, 2006.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood - Yes

RES. NO. 06-48

Report from Jim Miller, Emergency Preparedness.
Vehicle Bid for Sheriff’s Department – Sid Howell

The Board requested Under Sheriff Sid Howell attend the meeting to discuss the reason Perl Chevrolet was not contacted to place a bid on the truck awarded at the March 2^nd meeting. Mr. Howell said only three (3) bids are required for bidding from the grant funds. The Board stressed the fact there are four (4) dealers for new vehicles in Montgomery County and all four should be given the opportunity to bid. The Board had received a call with concerns from Perl Chevrolet in Coffeyville.

EXECUTIVE SESSION:

ACTION: A motion was made by Commissioner Tucker to recess to Executive Session at 12:05 PM to return at 12:10 PM to discuss non-elected personnel with the Board present. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood - Yes

Returned from Executive Session at 12:10 PM with a motion to extend to 12:30 PM by Commissioner Tucker, seconded by Commissioner Mattix.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood - Yes

Returned from Executive Session at 12:30 PM with a motion by Commissioner Mattix to return to Executive Session at 12:30 PM with the County Clerk and Human Resources Director present to discuss non-elected personnel to return at 12:40 PM. Motion was seconded by Commissioner Tucker.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood - Yes

Returned from Executive Session at 12:40 PM with no action taken and no decisions made.

********

ADJOURNMENT: 12:40 PM

ACTION: Motion by Commissioner Mattix seconded by Commissioner Tucker.

ROLL CALL VOTE – Commissioner Mattix - Yes

Commissioner Tucker - Yes

Commissioner Lewark-Wood – Yes

BOARD OF COUNTY COMMISSIONERS

MONTGOMERY COUNTY, KANSAS

_____________________________________

LEE MATTIX, Chairman

_____________________________________

GENE TUCKER, Member

_____________________________________

BILLIE LEWARK-WOOD, Member

ATTEST:

_____________________________________

County Clerk

Best experienced with (800x600) 6.0+ & 6.0+