2007 10 08

BOARD OF COUNTY COMMISSIONERS

MONTGOMERY COUNTY, KANSAS

OFFICIAL MINUTES

October 8, 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.

INVOCATION: Commissioner Tucker.

PLEDGE OF ALLEGIANCE: Commissioner Lewark-Wood.

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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

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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 $41.94 and $199,842.38 as presented by the County Clerk’s office. The motion was seconded by Commissioner Tucker.

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 Tucker to approve the minutes of October 8, 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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HUMAN RESOURCES – REPORT ON HANDBOOK REVISION:

Liz Schwatken, Human Resources Director reported to the Board the revision for the Montgomery County Employee Handbook is in progress and should be completed by January 1, 2008.

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DARRIN GOINS – CONCRETE SLAB ON SEWER EASEMENT:

Darrin Goins met with the Board to discuss a problem with the concrete slab he has poured for a small storage building. The slab goes over onto the Sewer District No. 2 easement. He had spoken with Scott Barnhart, Zoning Administrator and was advised to present the problem to the Board and ask if they could grant an agreement to allow the slab to extend onto the easement if it is not over the sewer line itself. Scott Barnhart appeared before the Board at their request. Mr. Barnhart was asked to consult with Paul Kritz and ask for a “hold harmless agreement” between Mr. Goins and the County in the event the slab would have to be moved due to accessing the sewer line. Mr. Barnhart will contact Mr. Kritz.

Mr. Barnhart requested the Board of County Commissioners consider waiving the fine by the county incurred by this being constructed on the easement. The following action was taken:

ACTION: A motion was made by Commissioner Lewark-Wood to waive the fine imposed by the County pending a “hold harmless agreement” between Montgomery County and Mr. Darrin Goins due to the construction of a concrete slab on the Montgomery County Sewer District No. 2 easement. This resolution will be effect upon the signing of the agreement by both parties. Motion was seconded by Commissioner

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

RES. NO. 07-176

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JUDGE CANADAY – BID OPENINGS – SCANNERS:

Judge Russell Canaday met with the Board for scheduled bid openings on Workgroup Scanners and Batch Scanner. Bids were as follows:

Batch Scanner (1)

Century Midwest Office Systems, Chanute, KS $2,250.00

McCarty’s Office Machines, Parsons, KS $2,270.00 DR 3080 CII

$2,699.00 D4 4010C

Insight Public Sector, Madison, WI $5,099.99

High Plains Technology, Salina, KS $2,895.00 Option #1

$4,695.00 Option #2

$5,995.00 Option #3

Copy Products, Inc., Pittsburg, KS $5,750.00

Workgroup Scanners (10)

Century Midwest Office Systems, Chanute, KS $22,500.00

McCarty’s Office Machines, Parsons, KS $ 6,350.00

Insight Public Sector, Madison, WI $ 8,299.90

High Plains Technology, Salina, KS $ 7,450.00 Option #1

$ 9,550.00 Option # 2

Copy Products, Inc., Pittsburg, KS $10,750.00

Judge Canaday will take the bids under advisement and return to the Board at a later date with a decision.

Judge Canaday presented an update on the following:

Air-conditioning replacement in the Coffeyville large Courtroom
Specs for 3^rd floor Coffeyville City Hall remodeling (waiting for specs from Dennis Jacobs)
Shelving in the Judicial Center, 2^nd Floor (shelving has been delivered and about one-half has been installed)
Requested getting bids for the following with payment if approved from General Capital Outlay:
1. Copier in Clerk’s Independence Office
2. Twelve (12) computers for Coffeyville and Independence

Clerks and Courtrooms

Court recording equipment

Approval was given for obtaining bids for court recording equipment.

He also discussed the need for new server in the Independence Clerk’s Office and would like the same setup as Coffeyville. The estimated cost would be $12,400.00 from Advantage Computer and requested to be paid from General Capital Outlay Fund. No decision was made at this time.

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EXECUTIVE SESSION:

ACTION: A motion was made by Commissioner Tucker to recess to Executive Session at 9:45 AM to return at 10:00 AM with the County Clerk present the first 5 minutes and the Commissioners for the remaining session to discuss non-elected personnel. Motion was seconded by Commissioner Fowler.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

Returned to regular session at 10:00 AM with no action taken and no decisions made.

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PUBLIC WORKS:

Mr. Robert Bever, Public Works Coordinator, presented the weekly written report. The following items were discussed:

Requested Executive Session to discuss non-elected personnel:

ACTION: A motion was made by Commissioner Lewark-Wood to recess to Executive Session with Robert Bever present to discuss non-elected personnel at 10:05 Am to return at 10:10 AM. Motion was seconded by Commissioner Fowler.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

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

Beachner Bros. Inc on re-acquiring some vacant land in question on old K37 road at intersection of 5700 and 6000 with the actual ownership of the land in question. It will take approximately 3 to 4 weeks to straighten out the legal description and ownership;
Reported resignation of Mike Kirchoff; New hires reported to be Jason King and Kelly Whitley;
Reported on work in Caney on drainage problem along State Street as previously discussed at a meeting held in Caney; Reported on SKO Railroad (update on work being done);
Rock Report (budgeted 60,000 tons but will be over budget – also 40,000 gallon of fuel over estimate);
Reported on bridges damaged by flood but the only money received from FEMA is $4,900 and that was for Sewer District No. 2;
Discussed issue on fencing along landowner at the road(John Brooks) at Harrisonville Cemetery. Request will be denied.

BIDS – 4-Wheel Drive Tractor – Bids were as follows:

O’Malley Equipment Co., Independence, KS $46,625 $43,500 $44,650

Martin Tractor, Chanute, KS $56,800

Shepherd Truck & Tractor, Independence, KS $39,075

R&F Farm Supply, Inc., Erie, KS No Bid

Bids will be taken under advisement by Public Works Coordinator. No decision at this time.

Commissioner Tucker told Mr. Bever he had received good reports on the work on Angola Road.

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SHERIFF – PURCHASE OF SOFTWARE AND STEP PROGRAM APPROVAL:

Sheriff Stan Veach and Scott Baker of Baker Software Systems, Humbolt, Kansas, met with the Board with information on Baker Software General Receipting System. The system is presently in place at the Department of Corrections and the request is for the same software for the Sheriff’s Department at a cost of $2,250.00 with the first year maintenance fee of $1,000 to be waived. The following action was taken:

ACTION: A motion was made by Commissioner Fowler to approve the purchase of the Baker Software General Receipting System for the Sheriff’s Department in the amount of $2,250.00. Motion was seconded by Commissioner Lewark-Wood. Debit County General Capital Outlay.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

RES. NO. 07-177

Sheriff Veach presented the STEP Program that will allow $3,000 for special programs through law enforcement. The program was approved by the Board.

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COUNTY HEALTH DEPARTMENT – EXECUTIVE SESSION:

Ruth Bardwell, County Health Director, requested an Executive Session for non-elected personnel.

ACTION: A motion was made by Commissioner Lewark-Wood to recess to Executive Session with Ruth Bardwell present at 11:05 AM to return at 11:10 AM to discuss non-elected personnel. Motion was seconded by Commissioner Fowler.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

Returned to regular session at 11:10 AM with no action taken and no decisions made.

Ms. Bardwell presented an increase request for an employee successfully completing probation. Request was approved by the Board.

A request was made to apply to a temporary agency for a secretary for two months while the secretary is off work. Request approved by the Board.

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JAIL TASK FORCE REPORT – ANITA ATHERTON:

Anita Atherton, Chairman of the Jail Task Force, presented a written report to the Board with the recommendation of the committee. The recommendations were:

A contract be signed with Hight-Jackson Architects
Firm figures be established to be stated on ballot question
Election to be held within the first quarter of 2008

The following action was taken upon the recommendation of the Jail Task Force Committee:

ACTION: A motion was made by Commissioner Fowler to approve the contract between Montgomery County and Hight-Jackson Associates, PA, Rogers, Arkansas for services for the expansion of the existing Montgomery County Corrections Center. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

RES. NO. 07-178

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MUNICIPAL CREDIT UNION – KATHY CALDWELL AND PHYLLIS BEESON:

Kathy Caldwell and Phyllis Beeson presented information on services available to the employees through the Municipal Credit Union. A payroll deduction could be made to savings if any employee wanted to participate. They discussed loan payments could also be made through payroll deduction. The Board and Payroll Officer were against any deductions except for the savings account. This was tabled until the next meeting.

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MIDLAND THEATER/ALAMO ADA PROJECT BLOCK GRANT :

Rebecca Scott, representative for Midland Theater Block Grant, presented the Intergovernmental Agreement, proposed resolutions, and Statement of Assurances and Certifications necessary for the application for the Midland Theater/Alamo ADA Project Block Grant. The following action was taken:

ACTION: A motion was made by Commissioner Tucker to authorize the Chairman to sign all necessary documents for the Midland Theater/Alamo ADA Project Block Grant. Motion was seconded by Commissioner Lewark-Wood.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

ACTION: A motion was made by Commissioner Lewark-Wood certifying legal authority to apply for the 2008 Kansas Small Cities Community Development Block Grant Program from the Kansas Department of Commerce and Authorizing the Commission to sign and submit such application. Motion was seconded by Commissioner Fowler.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

RES. NO. 07-174

ACTION: A motion was made by Commissioner Tucker assuring the Kansas Department of Commerce that funds will be continually provided for the operation and maintenance of improvements to the Midland Theater/Alamo ADA Project System to be financed with Community Development Block Grant Funds.

ROLL CALL VOTE – Commissioner Lewark-Wood - Yes

Commissioner Tucker - Yes

Commissioner Fowler – Yes

RES. NO. 07-175

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OTHER COUNTY BUSINESS:

Class LTD Agreement for Services was signed by Board of County Commissioner for budgeted funds for the year 2008.
Acknowledged County Treasurer’s Accounts and Annual Tax Reconciliation Settlement with the County Commissioners dated October 8, 2007.
Acknowledged Coffeyville Chamber of Commerce’s Community Relations budget and quarterly report for 7/1/07 through 9/30/07.
Abatements approved in the amount of $63,674.02 with Motion by Commissioner Lewark-Wood, seconded by Commissioner Fowler with all voting yes.
Discussed Audit Report for the 2006 audit and a Federal Financial Control Officer for the county. No action taken.
Kiddie Parade – Approved closing of the courthouse at 2:00 PM on October 26^th, 2007.
Final Levy based on final valuation for the County was presented to the Board in the amount of 49.415 mills. This is based on a 292,592,597 dollar valuation.

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ADJOURNMENT:

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

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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