March 9, 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.

Commissioner Hay moved and Commissioner Dunn seconded to approve the minutes for March 7, 2005.  All voted “yes.”

Commissioner Taylor moved and Commissioner Dunn seconded to approve tax orders 2004-160 through 2004-165.  All voted “yes.”

Blaine Finch discussed cash and process audit.  Commissioner Hay said we should not use a local firm.  Commissioner Waymire stated he didn’t see a conflict of interest and they should be sent a request for proposal.

Commissioner Dunn moved and Commissioner Waymire seconded to allow Blaine Finch to send request for proposal for a cash and process audit to Lowenthal, Singleton, Webb and Wilson from Lawrence; Allen, Gibbs and Houlik, L.C. from Wichita; Berberich, Trahan and Co. P.A. from Topeka; Agler and Gaeddert from Ottawa; Greenfield and Davidson from Ottawa; Hutinett, Schlotterbeck and Burns.  Commissioner Dunn moved and Commissioner Waymire seconded to amend the motion and strike Hutinett, Schlotterbeck and Burns form the request for proposal.  All voted “yes.”

Chairman Stottlemire discussed the trailer that was given to Wellsville Dive Team and that all of the shelving and generator were removed from the trailer. 

Commissioner Dunn discussed a letter the Board received from the Kansas Department of Transportation concerning local access issues relating to the project to reconstruct US 59 Highway.

Doug Loyd discussed his meeting with Steve Brown.  Board agreed they needed to talk to Steve about moving his offices.

Commissioner Taylor moved and Commissioner Dunn seconded to go into an executive session for 10 minutes at 8:50 for attorney client privileges with Board and Blaine Finch present.  All voted “yes.”  Chairman Stottlemire opened the meeting at 9:00 and reported no action taken, no decisions made.

Steve Brown in per the Board’s request.  Chairman Stottlemire said they wanted to talk to him before making a final decision about moving his offices.  Steve said it was a bad time to move, because valuation notices just went out and they are receiving a number of phone calls and will be conducting hearings.  Commissioner Waymire said in fairness they wanted to give Steve time to move.  Commissioner Dunn asked Steve if he could move his offices that are located on the west side of the second floor to the third floor on the east side, so they could get started on remodeling the west offices on the second floor for the County Administrator.  Steve said that would work and give them plenty of room.  Commissioner Waymire asked Steve to get with Darrell Wadkins about moving his office equipment during a weekend.

Chairman Stottlemire left at 9:15 to attend an RC&D meeting.

Larry Walrod discussed a grant of permanent right of way agreement between Rick A Leach and Franklin County.

Commissioner Taylor moved and Commissioner Dunn seconded to approve and sign an agreement for grant of permanent right of way between Rick A. Leach and Franklin County in Section 14, Township 17, Range 18.  All voted “yes.”  Chairman Stottlemire absent.

George Stewart asked when the County Counselor was hired was he hired for the commissioners and elected officials or just the commissioners?  Commissioner Waymire said for the commissioners.  Blaine Finch said he represents Franklin County which is the Board of County Commissioners.  Mr. Stewart said it appears there seems to be a power struggle going on between two elected bodies of the county and when he received his valuation notice it makes him question how his tax dollars are being spent.  Mr. Stewart said tax dollars could be better spent.  Commissioner Waymire said he understands his concern and is sympathetic, but sometimes some expenses are less than what a law suit would be for doing something wrong.  Mr. Stewart said it would seem like two bodies could sit down and work this out.  Commissioner Hay said that we have a contract with Robert W. Green and Blaine is an employee of Robert W. Green.  Mr. Stewart asked if he was paid out of taxpayer money.  Commissioner Waymire said yes.  Blaine said he does work for all departments of the county.  Blaine said when the rubber meets the road, when there is a disagreement with one official and this board, this board represents the will of the county.  This board is the one the state has said is here to carry out the functions of that arm of the state.  Commissioner Waymire stated part of the reason any action was taken is because of liability.   

Harvey Nicholson brought in a book about the Veteran’s Memorial with newspaper articles.

Becky Ortega discussed payroll.  First option is to process payroll in the current payroll system, but they do not have blank checks.  Other option is another payroll system; and they would need help to enter payroll records into that system.  She also asked that Jason Parks contact Infinitec and let them know about the transfer and ask for their full support.  Becky asked for an escort to the Clerk’s Office to view the records they need to do payroll.  Becky said she also needs a statement from the clerk of all unencumbered balances.  Becky does not want the second option, because she has not had the opportunity to work with Shari Perry yet and talk with her about how the payroll would be charged back to the budgetary system.  Board asked Blaine Finch if there was a legal preference and Blaine said he would go with what ever the preparer wants.  Blaine said we have some hurdles going with the first option of getting the checks and understand that does not change the legal requirement for the clerk to sign the checks that is still a requirement.  Blaine said the Board could go over and look at the files and take Human Resources with you.  Commissioner Hay said he thought Blaine was going to talk to Shari’s attorney and Blaine said he was.  Blaine said that does not change the fact that the employees need to be paid March 31 and steps need to be taken to make sure that happens.  Blaine said it was not a question who is going to do payroll.  Commissioner Taylor asked how many checks were needed, because a majority of the employees are paid by direct deposit.  Becky said she did not know how many employees are paid by check, but vendors are also paid by check.  Becky said she would ask for at least 100 checks, she said that should get her through this payroll process.  Becky said she also needs call in numbers for federal and state government. 

Commissioner Taylor moved and Commissioner Dunn seconded to support option one and to receive enough payroll checks from the clerk’s vault to process payroll.  Commissioners Dunn, Taylor and Waymire voted “yes.”  Commissioner Hay voted “no.”  Chairman Stottlemire absent.

Becky Ortega said that she needed a Board escort to go with her tomorrow morning to review the information needed.  Commissioner Waymire asked if they would have to announce another meeting.  Blaine said it could just be a board member, if the board voted a majority to send a member to view the records.  Commissioner Hay said that time sheets are not turned in until the 20^th and that gives all next week to work on this.  After Blaine meets with her attorney on Friday this may be all worked out.    

Commissioner Dunn said he would escort Becky to the County Clerk’s Office.  Blaine Finch said he wanted a motion from the Board expressing their desire to have their authorized representative, Commissioner Dunn and the Human Resource Department to view personnel records tomorrow morning, between 8 and 10 for the purpose of preparing this month’s payroll.  Commissioner Waymire asked if their counsel needed to be there.  Blaine said he did not need to be a lightening rod.

Commissioner Taylor moved and Commissioner Waymire seconded to have Commissioner Dunn represent the Board and go over with the Human Resources Department to the Clerk’s Office to view the necessary payroll records tomorrow morning.  Commissioners Dunn, Taylor and Waymire voted “yes.”  Commissioner Hay voted “no.”  Chairman Stottlemire absent.

Becky Ortega said she wanted to let the board know there has not been any unpleasantness between her office and the Clerk’s office and she doesn’t anticipate that there will be.  It has always been very professional.

Commissioner Taylor moved and Commissioner Dunn seconded to go into an executive session for 5 minutes at 10:10 for non-elected personnel with Board, Becky Ortega and Blaine Finch present.  All voted “yes.”  Vice Chairman Waymire opened the meeting at 10:13 and reported no action taken, no decisions made.  Chairman Stottlemire absent.

Wayne Trickle discussed an old spring that is real close to Cloud Rd.  Board suggested that he talk to Jim Haag with the Public Works Department.

Barbara Conus discussed that her Physician’s Assistant has tendered her resignation.

Commissioner Hay moved and Commissioner Dunn seconded to allow for the advertising for a Nurse Practitioner or Physicians Assistant.  All voted “yes.”  Chairman Stottlemire absent.

Barbara Conus discussed the 2006 yearly grant applications from Kansas Department of Health and Environment.

Commissioner Taylor moved and Commissioner Hay seconded to allow Vice Chairman Waymire to sign the 2006 Kansas Department of Health and Environment grants for the Health Department.  All voted “yes.”  Chairman Stottlemire absent.

Barbara Conus discussed that each year the Health Department is required to provide in-service to the employees on different subjects and they need approximately 16 hours.  Barbara requested to be allowed to close the Health Department for in-service.

Commissioner Hay moved and Commissioner Taylor seconded to allow the closing of the Health Department for in-service, but it needs to be advertised prior to.  All voted “yes.”  Chairman Stottlemire absent.

Barbara Conus discussed the Annual Public Health Nurses and Healthy Start Conference that she and Mary Ryburn are required to attend, the Regional Women’s Health Conference that she would like Donna Shead to attend, the Annual Family Planning Conference that she and Becky Hastings are required to attend and the regional Bioterrorism coalition has requested that Barbara attend the NACCHO/ASTHO in Boston.

Commissioner Hay moved and Commissioner Dunn seconded to approve the above conferences.  All voted “yes.”  Chairman Stottlemire absent.

Bob Thompson discussed his February report for the Transfer Station, Recycling and Household Hazard Waste and soliciting bids for a new backhoe for the Transfer Station.      

Commissioner Taylor moved and Commissioner Hay seconded to allow Bob Thompson to start on the bid process for a new backhoe.  All voted “yes.”  Chairman Stottlemire absent.

Bob Thompson discussed the cost of the meals for the employee banquet and it was costing a lot more than last year.  Board agreed they needed to stay within budget and cut down on the cash prizes.

Bob Thompson discussed sending an employee to the Work 2005 Conference.  The conference is after he retires.

Commissioner Dunn moved and Commissioner Hay seconded to send at least one employee to the Work 2005 Conference.  All voted “yes.”  Chairman Stottlemire absent.

Blaine Finch presented two resolutions to the Board.  One resolution was to appoint Commissioner Dunn as its official representative to escort the personnel in the Human Resources Department to view all records necessary to conduct the County’s payroll and the other resolution added “(4) Any party who refuses to provide access to Mr. Dunn or the Human Resources Department shall be in violation of this resolution and may be charged with such violation in the District Court of the State of Kansas. (5) This Resolution is being adopted pursuant to County home-rule power and K.S.A. 19-101d.  Violations of this Resolution by any person shall be punishable as a Class B Misdemeanor with penalties for each separate offense by a term of confinement in the Franklin County Jail not to exceed six months and/or a fine in an amount not to exceed One Thousand Dollars ($1,000.00).  Any person who aids, assists or abets another in violating the provisions of this Resolution will be deemed to have committed a violation of the Resolution. (6) As authorized by K.S.A. 19-101d, the County may request the court enjoin violations of this Resolution.”

Commissioner Taylor moved and Commissioner Dunn seconded to approve Resolution No. 05-26 appointing Commissioner Dunn as its official representative to escort the personnel in the Human Resources Department to view all records necessary to conduct the County’s payroll including numbers 4, 5 and 6.  Commissioner Waymire asked if there was any discussion.  County Clerk Shari Perry said that Steve Brown was called today to discuss the moving of his department, but the payroll transfer has not been discussed with her.  Blaine Finch said that Shari has legal counsel and they have been advised not to comment.  Shari Perry said she wanted no comment, just wanted to make a comment. Commissioners Dunn, Taylor and Waymire voted “yes.”  Commissioner Hay voted “no.”  Chairman Stottlemire absent.

Ted McCurdy discussed the Ambulance Department February report.

Commissioner Hay moved and Commissioner Dunn seconded to approve the write-offs in the amount of $38,609.13 for the Ambulance Department for the month of February.  All voted “yes.”  Chairman Stottlemire absent.

Ted McCurdy discussed purchasing a new pressure washer at a cost of $1,550.50.

Commissioner Taylor moved and Commissioner Dunn seconded to purchase a new Hotsy pressure washer in the amount of $1,550.50 for the Ambulance Department.  All voted “yes.”  Chairman Stottlemire absent.

Vice Chairman Waymire moved the meeting at 11:48 to the basement of the Jail for the monthly department head luncheon.  Attending the luncheon was Heather Jones, Roy Dunn, Steve Brown, Ted McCurdy, Craig Davis, Dale Watts, Andy Gassaway, Darrell Wadkins, Bob Thompson, Jim Haag, Larry Walrod, Alan Radcliffe, Blaine Finch, Barbara Conus, Arlene Udelhofen, Debbie Hough, Ethel Wallace, Don Stottlemire, Don Hay, Don Waymire, Ed Taylor, Jason Parks, Keith Clark and Shari Perry.

Board agreed to give a day off with pay to an employee at the employee appreciation dinner.

With no further discussion the meeting was adjourned at 12:35.

               ______________________________________                     ____________________________________

                                                Clerk                                                                                       Chairman