March 7, 2005

 

BOARD OF FRANKLIN COUNTY COMMISSIONERS

 

The Board of Commissioners met in a regular session with Chairman Donald R. Stottlemire and Commissioners Roy C. Dunn, Donald C. Hay, John E. Taylor and Donald E. Waymire present.  

 

The meeting was called to order by Chairman Stottlemire at 8:30.

 

Board canvassed the primary election of March 1, 2005.

 

Richmond City – No provisional

Cutler – One provisional – none counted

Pottawatomie – No provisional

 

Commissioner Hay moved and Commissioner Waymire seconded to approve the minutes for March 2, 2005.  All voted “yes.”

 

Shari Perry discussed that Edward D. Jones has phoned about setting up a tent in the annex parking lot on July 15.  The location they would like to place the tent is just north of the Dairy Queen parking where county vehicles are usually parked.  Board agreed as long as they contact Darrell Wadkins with their plans.

 

Commissioner Dunn asked if the audit still needs to be done since the grand jury petition was not approved.  Blaine Finch said he felt it was still a good idea, because you don’t know if the petition is going to come back and with an administrator coming on board in May it would be good to know that everything is in the clear.  This audit is for a cash and process audit not a financial audit which has been done.

 

Board discussed architectural service proposal from Doug Loyd and Mike Cornwell.  Board toured the 2nd & 3rd floors.

 

Commissioner Taylor moved and Commissioner Hay seconded to select Doug Loyd for architectural services for remodeling of the Courthouse.  Chairman Stottlemire and Commissioners Hay, Taylor and Waymire voted “yes.”  Commissioner Dunn abstained.

 

Commissioner Taylor asked where we were on a department head that is retiring soon.  Board agreed to discuss with Becky Ortega when she comes in.

 

Commissioner Taylor moved and Commissioner Waymire seconded to go into an executive session for 15 minutes at 9:35 for attorney client privileges with Board and Blaine Finch present.  All voted “yes.”  Chairman Stottlemire opened the meeting at 9:50 and reported no action taken, no decisions made.

 

Commissioner Hay moved to rescind the action of last week concerning the payroll transfer from the County Clerk to the Human Resources Department.  Died for a lack of second.

 

Becky Ortega discussed the letter of agreement between Franklin County and Gleason and Associates to conduct background profiles for two to three County Administrator candidates.  Becky stated that Blaine Finch reviewed the agreement.

 

Commissioner Taylor moved and Commissioner Dunn seconded to approve the letter of agreement between Franklin County and Gleason and Associates to conduct background profiles for County Administrator final candidates.  The cost for one is $1,550, for two is $3,100 and for three $4,650.  All voted “yes.”

 

Commissioner Dunn moved and Commissioner Waymire seconded to approve Resolution No. 05-22 amending the Franklin County Personnel Rules and Regulations concerning counseling Standards of Conduct and Gifts, Favors, Travel and Entertainment.  All voted “yes.”

 

Becky Ortega discussed the wage and comp study.  Becky would like to have Jim Haag, Craig Davis, Keith Clark, Barbara Conus, Steve Brown, Jason Parks and one commissioner involved in the study.

 

Commissioner Taylor moved and Commissioner Waymire seconded to have Commissioner Dunn represent the Board during the wage and comp study.  Chairman Stottlemire and Commissioners Hay, Taylor and Waymire voted “yes.”  Commissioner Dunn abstained.

 

Becky Ortega said the Board had asked her for a payroll update and she distributed a memo regarding payroll updates dated March 6, 2005.  Becky stated as of yet there has not been any transfer of information to the Human Resources Department.  Becky stated in talking to her counter parts in Miami County they have transferred payroll from the County Clerk’s Office to the Human Resources Department.  One thing they did in Miami County was the Board approved a resolution, Becky stated she ask the County Counselor to provide that information to her.  Becky presented the Board with a resolution with an exhibit A and said if this transition was going to happen it needs to happen quickly so they have time to do it and do it accurately.

 

Commissioner Taylor moved and Commissioner Waymire seconded to approve Resolution No. 05-23 authorizing and instructing the County Clerk to transfer those records listed in Exhibit “A” to the Human Resources Department effective immediately and that said Department shall maintain such records from this time forward.  Chairman Stottlemire and Commissioner Dunn, Taylor and Waymire voted “yes.”  Commissioner Hay voted “no.”

 

Commissioner Waymire moved and Commissioner Taylor seconded to go into an executive session for 10 minutes at 10:00 for non-elected personnel with Board, Blaine Finch and Becky Ortega present.  All voted “yes.”  Chairman Stottlemire opened the meeting at 10:10 and reported no action, no decisions made.

 

Blaine Finch said that 19-212 and 19-208 dealt with personnel records and that there is an attorney general opinion in 1994 allowing the Board to examine personnel records.  Blaine finch told the Board they would have to ask Shari when she was transferring them to HR.  Chairman Stottlemire asked Shari when she was going to transfer the records.  Shari Perry said that he would need to ask Mr. Finch since he was there legal counsel.  Commissioner Taylor said the question was being asked to Shari and Shari said that Mr. Finch had been contacted.  Blaine said he did not have the records and Shari said if the Board wanted to view the records they could come to her office.  Chairman Stottlemire asked when the records where going to be transferred and Shari said that Mr. Finch had a letter and that was her answer.  Blaine Finch said that the Clerk was referring to a letter he received from an attorney in Topeka stating that she does not plan to comply with your resolution of last week and that she is not planning on complying with your lawfully enacted resolution today.  Blaine said based on that he asked to file an order of mandamus with the Clerk of the District Court telling the Clerk to lawfully comply with the Boards resolutions to transfer payroll, payroll records and supporting payroll information if they are going to be paid by the end of the month if payroll is not done we will have incredible legal liability that would cost the taxpayers hundreds of thousands of dollars.

 

Commissioner Taylor moved and Commissioner Waymire seconded to allow the County Counselor to file an order of mandamus in the District Court ordering the County Clerk to forward all payroll records to the Human Resources Department and work with KCAMP to file any legal documents concerning this matter.  Commissioners Dunn, Taylor and Waymire voted “yes.”  Chairman Stottlemire and Commissioner Hay voted “no.”

 

Becky Ortega said there was additional information in the memo that she needs the Board to consider for her to effectively process payroll but she did not need a decision at this time, but possibly by Wednesday.

 

Larry Walrod discussed an application for a special use permit filed by Donald and Sandra Sallaz for the operation of an in-home greenhouse/nursery in an R-E zoning.  Property is located in the proposed building West of the existing residence at 4060 Tennessee Road on a 10 acre tract on the West side of Tennessee Road just North of I-35.  Larry said the Planning Commission recommended approval.

 

Commissioner Hay moved and Commissioner Dunn seconded to approve Resolution No. 05-24 approving a Special Use Permit to permit the operation of a greenhouse/nursery in an R-E zoning owned by Donald and Sandra Sallaz with the following conditions: 1) That the application shall obtain appropriate building permits for any new construction or re-construction. 2) That the greenhouse/nursery shall be owner operated and there shall be no other employees. 3) Signs may be permitted subject to the provisions set forth in Article 20 of the County Zoning Regulations and 4) That the Special Use Permit shall be null and void by operation of law if the Special Use Permit has not been initiated and utilized by commencing the activity or use at the site specified in said permit within one year of the date of approval.  All voted “yes.”

 

Larry Walrod discussed an application filed by Ben Kays to rezone approximately 3.46 acres from A-1 to R-3A.  Property is located at the intersection of Tennessee Road and Highway 68 on the North side of Highway 68 and on the East side of Tennessee Road.  Larry said the Planning Commission recommended approval.

 

Commissioner Waymire moved and Commissioner Dunn seconded to approve Resolution No. 05-25 approving the application filed by Ben Kays to rezone approximately 3.46 acres from A-1 to R-3A located in Section 25, Township 16, Range 20.  All voted “yes.”

 

Bill Butler a retired Miami County Commissioner discussed a regional jail facility.  Mr. Butler said there needs to be a feasibility study done to determine long range needs.  Board agreed to go to Miami County for a joint meeting with other interested counties.

 

Doug Loyd in per Board’s request to discuss remolding.  Doug is going to meet with Steve Brown to see what he needs to move from the seconded floor to the third floor.

 

Commissioner Taylor moved and Commissioner Dunn seconded to go into an executive session for 17 minutes at 11:43 for attorney client privileges with Board and Blaine Finch present.  All voted “yes.”  Chairman Stottlemire opened the meeting at 11:53 and reported no action taken, no decisions made.

 

With no further discussion the meeting was closed at 11:53.

 

 

      

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                                 Clerk                                                                                            Chairman