2007 05 14

BOARD OF COUNTY COMMISSIONERS

MONTGOMERY COUNTY, KANSAS

OFFICIAL MINUTES

May 14, 2007

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 Lewark-Wood.

ROAD VIEWING – CR 5200 – CHISM:

The Board met at 9:30 AM at CR5200 for a road viewing. Those present were: Benji Chism, David Chism, Doug Seifert, Terry Seifert, Jim Miller, Louis Wood, Board of County Commissioners and County Clerk.

Commissioner Lewark-Wood stated she felt there was no reason to reopen the road.

Commissioner Fowler said a possible solution would be to put something into writing on the abstract for each landowner with authority to use the road. Mr. Doug Seifert objected to this solution stating he is court proceedings and legal expenses with property owned between he and Tim Valentine and it is on their abstracts but the gate is locked and access denied to the pasture owned by Mr. Seifert.

Mr. Benji Chism said there is no problem with the use of the road by the Seifert’s to access the land.

Commissioner Fowler did not feel this is the solution in the event the land on either side is sold and the agreement not honored.

After further discussion, the following action was taken:

ACTION: A motion was made by Commissioner Tucker to leave the road closed as previously acted upon in 2005. The legal description is as follows:

Beginning at a point approximately 1320 feet from the Northwest corner of Section 12, Township 32 South, Range 14 East of the 6^th Principal Meridian, Montgomery County Kansas; thence East along section line approximately 1320 feet and there ending.

The above-described Road being a portion of Road 203 (5200-08), as described in Road Record Book 2, Page 77, in the Montgomery County Public Works Office and having a Right-of-Way of 40 feet.”

Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Lewark-Wood – Yes

Commissioner Tucker – Yes

Commissioner Fowler – No

RES. NO. 07-90

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Returned to Courthouse at 10:00 AM.

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INVOCATION: Commissioner Tucker.

PLEDGE OF ALLEGIANCE: Commissioner Fowler.

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AGENDA APPROVAL:

ACTION: A motion was made by Commissioner Fowler to approve the agenda as amended. The motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

APPROVAL OF PAYMENT OF INVOICES:

ACTION: A motion was made by Commissioner Lewark-Wood to approve invoices in the amount of $130.00 and $194,490.63 as presented by the County Clerk’s office. The motion was seconded by Commissioner Fowler.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

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APPROVAL OF MINUTES:

ACTION: A motion was made by Commissioner Lewark-Wood to approve the minutes of April 30, May 3 and May 7, 2007 as presented by the County Clerk. The motion was seconded by Commissioner Fowler.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

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PUBLIC WORKS:

Mr. Robert Bever, Public Works Coordinator, discussed the air Conditioning and heating system problems in the Judicial Building as discussed in previous meetings. Mr. Bill Warren was present to answer questions the Board may have on the problems with the system. The following action was taken:

ACTION: A motion was made by Commissioner Lewark-Wood to authorize the Public Works Coordinator to enter into an agreement with Building Controls and Services, Wichita, Kansas in the amount of $82,000 to $83,000 for two (2) control boards and control cards and 44 VAC cards for air conditioning and heating system at the Judicial Center. This will be the first phase of the total project of $169,114.00. Debit Judicial Surplus Fund. Motion was seconded by Commissioner Fowler.

ROLL CALL VOTE – Commissioner Lewark-Wood – Yes

Commissioner Tucker – Yes

Commissioner Fowler – Yes

RES. NO. 07-91

Bridge Inspection Recommendation and action taken –

ACTION: A motion was made by Commissioner Fowler to approve the recommendation of the Public Works Coordinator and accept the low bid for bridge inspections by CKEC, Emporia, Kansas in the amount of $12,035.00. Debit Special Bridge Fund. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Lewark-Wood – Yes

Commissioner Tucker – Yes

Commissioner Fowler – Yes

RES. NO. 07-92

Mr. Bever gave a report on the Sunflower Bridge, discussed Hay Inspection contract with Kansas Department of Agriculture and presented for signature of the Chairman of the Board, discussed Trans Systems meeting with Caney residents and presented an Employee Change of Status.

Executive Session –

ACTION: A motion was made by Commissioner Fowler to recess to Executive Session at 10:20 AM to return at 10:40 AM to discuss non-elected personnel with Robert Bever present. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Lewark-Wood – Yes

Commissioner Tucker – Yes

Commissioner Fowler – Yes

Returned to session at 10:40 AM with no action taken and no decisions made.

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SHERIFF – NEW CAMERA SYSTEM FOR DEPARTMENT OF CORRECTIONS:

Sheriff Veach introduced Danny Johnson with K-Tech, Independence, Kansas and presented information on the condition of the cameras in the Department of Corrections. The cameras are all not functioning and do not provide the security needed in the facility. Mr. Johnson inspected the cameras in the jail and reported that out of five (5) recorders, two (2) are working properly, others need repaired or replaced. He proposed a new system that will allow additional cameras in the future to be added to the system in addition to the ones to be installed at this time. The cost for the new system is $57,653.00 installed. Commissioner Fowler stated he would like to see more proposals before awarding a contract for a system.

The following action was taken:

ACTION: A motion was made by Commissioner Tucker to contract with K-Tech, Independence, Kansas for a surveillance system in the Judicial Center in the amount of $57,653.00 to be debited from the Judicial Surplus Fund. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Lewark-Wood – Yes

Commissioner Tucker – Yes

Commissioner Fowler – No

RES. NO. 07-93

Executive Session:

ACTION: A motion was made by Commissioner Lewark-Wood to recess to Executive Session at 11:25 AM to return at 11:30 AM to discuss non-elected personnel with Sheriff Veach present. Motion was seconded by Commissioner Fowler.

ROLL CALL VOTE – Commissioner Lewark-Wood – Yes

Commissioner Tucker – Yes

Commissioner Fowler – Yes

Returned to session at 11:30 AM with no action taken and no decisions made.

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PLANNING AND ZONING – REZONING REQUEST:

Scott Barnhart, Planning and Zoning Director, and Pat Tucker met with the Board and presented the request for rezoning of Lot 68 through 76, Block 4 of the South Highland Subdivision, Independence from R-1 Residential to B-2 Commercial for the purpose of accommodating the establishment of an automotive machine shop within an existing structure at the location. The Planning and Zoning Board had met on the request and recommends the application be approved. The following action was taken:

ACTION: A motion was made by Commissioner Tucker to accept the recommendation of the Montgomery County Planning and Zoning Board an the rezoning application MGRZ 07-02 be approved to amend Lots 68 through 76,k Block 4 of the South Highland Subdivision, Independence, Kansas from a R-1 Residential classification to B-2 Commercial Classification. Motion was seconded by Commissioner Fowler.

This resolution becomes effective upon publication.

ROLL CALL VOTE – Commissioner Lewark-Wood – Yes

Commissioner Tucker – Yes

Commissioner Fowler – Yes

RES. NO. 07-94

COUNTY COUNSELOR AND JUDGE CANADAY:

Judge Canaday and Paul Kritz met with the Board for an Executive Session but advised the Board the session would not be needed as it had been resolved.

Legal Services had asked for an increase in fees but has been resolved at the present time and Judge Canaday asked the Board consider placing the responsibility for contracting all legal services and remove the line item from Unified Court’s budget. No action was taken at this time.

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COMPUTER DEPARTMENT – REPLACING OPTICAL DRIVE WITH LARGER HARD DRIVE:

Ken Collins returned to the Board today with a price for replacing the optical drive with larger hard drive in the AS 400 Computer System. He recommended Hubler and Associates, Springfield Missouri in the amount of $11,400.00 through the State bid list. This also includes labor. The following action was taken:

ACTION: A motion was made by Commissioner Lewark-Wood to approve the quote from Hubler and Associates, Springfield, MO from the State bid list for replacement of the optical drive in the AS 400 Computer System with a larger hard drive in the amount of $11,400.00. Debit General Operating Capital Outlay Fund. Motion was seconded by Commissioner Tucker.

ROLL CALL VOTE – Commissioner Lewark-Wood – Yes

Commissioner Tucker – Yes

Commissioner Fowler – Yes

RES. 07-95

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OTHER COUNTY BUSINESS:

Appoint Grievance Committee –

The Board of County Commissioners appointed Nancy Clubine, Bill Warren and Jim Miller to serve as the grievance committee for a grievance filed against the Sheriff’s Department and notice given to the Board of County Commissioners on May 7, 2007.

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ADJOURNMENT: 12:15 PM

ACTION: Motion by Commissioner Fowler seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

BOARD OF COUNTY COMMISSIONERS

MONTGOMERY COUNTY, KANSAS

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BILLIE LEWARK-WOOD, Chairman

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GENE TUCKER, Member

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TONY FOWLER, Member

ATTEST:

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County Clerk

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