Jounral of the Commissioners

2005, eightY SEVENTH MEETING

CRAWFORD COUNTY COURTHOUSE, COMMISSIONERS’ BOARD ROOM

Girard, KS. Friday December 2, 2005 10:00 AM

 

The Crawford County Board of Commissioners met pursuant to Kansas Statutes Annotated Chapter 19, Article 2, Section 18 in due and regular session with open doors.

 

Commissioner Anthony Pichler served as the presiding officer.

 

Commissioner Bob Kmiec and Commissioner Tom Moody were present.

 

County Clerk R.J. Wilson assisted by Divisional Deputy County Clerk Don Pyle and County Counselor Jim Emerson were present and seated with the Board.

 

Chairman Pichler led the Pledge of Allegiance.

 

UNDER THE HEADING BUSINESS FROM A PREVIOUS MEETING

CONSENT AGENDA

On motion (05-373) of Commissioner Kmiec and the second of Commissioner Moody that the consent agenda be approved including:

1.      Approval of the November 29, 2005 minutes of the Board of Commissioners’ meeting, and

2.      Authorizing the chairman to sign the duplicate vouchers and statements report

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed and the consent agenda was approved.

 

SIGNING OF MOTIONS

The County Clerk presented the following motions for Commissioners’ signatures.

 

Motion 05	-367	That the consent agenda be approved including: Approval of the November 18, 2005 minutes
Motion 05	-368	That the bids for Fire Trucks be given to Fire District Number One officials for review at their meeting on Friday and give the commission their decision at the commission meeting on Tuesday, December 6, 2005
Motion 05	-369	To approve the appointment new members to the CVB Advisory board that was recommended by the current CVB Advisory Board
Motion 05	-370	To approve the prevention and intervention grants for Fiscal Year 2007 and authorize the chairman to sign
Motion 05	-371	To authorize the Juvenile Accountability Block Grant Funding grant application and authorize the chairman to sign
Motion 05	-372	To authorize the 3% Cost of Living Adjustment for county employees budgeted for Fiscal Year 2006 to begin with the pay period beginning Dec. 21, 2005

 

UNDER THE HEADING NEW BUSINESS

            PUBLIC HEARINGS AND OPENING OF ANNOUNCED BIDS

             MESSAGES FROM ELECTED OFFICIALS

MESSAGES FROM APPOINTED OFFICIALS

MESSAGES FROM OTHER GOVERNMENTAL ENTITIES

MESSAGES FROM THE PUBLIC

PROCLAMATIONS AND ORDERS OF THE BOARD

NEW BUSINESS

Item One: Mr. Wilson, County Clerk, presenting the Board with an order for election equipment to be used in 2006. Mr. Wilson presented an order form in the amount of $339,757.50 of which the county will be responsible, from the election budget for at least $160,957.50. That amount will include 2 Ivotronic touch screen machines, 30 Automark voter assistance machines, 30 Model 100 precinct scanners and other mechanization equipment. Mr. Wilson stated that he had decided to purchase voting equipment from ES&S, which is the current vendor for voting equipment for the county. He stated that the Secretary of State’s Office has earmarked $170,800 for Crawford County for voting equipment, which is more than was expected, but there were also some additional items needed that were not originally budgeted for. Mr. Wilson added that he had discussed the lease purchase with the bank and was confident that the budget for 2006 would be able to handle the lease purchase payment. He stated that the Automark voter assistance machines are the items that take care of the voter assistance provisions of the HAVA legislation. The precinct scanners satisfy the second chance voting requirements of that legislation. Mr. Pichler was answered that we currently have 50 polling places and that we hope to reduce it to around 25 polling places and that would allow the county to have a few extra machines available in case of emergencies. Mr. Wilson added that there is a lot of additional supplies that will need to be on hand to use with this equipment. Mr. Wilson gave a detailed discussion of the equipment and their function. Mr. Pichler was answered that 20 people would be attending training which would include the county clerk’s office employees and poll workers as well as some people that he is recruiting to assist with the elections only. Mr. Pichler was answered that this price includes the training and equipment that is allowed to be purchased with funds from the Secretary of State’s office. Mr. Wilson added that ES&S will have the majority of the contracts for the state. Mr. Pichler was answered that all this equipment carries warranties of varying lengths and that they will have to carry a maintenance agreement as well. Mr. Wilson added that he will have Mr. Emerson solicit bids for a five year lease purchase agreement on this equipment. Mr. Wilson was answered that no motion was needed to authorize the county counselor to solicit bids for the lease purchase on this equipment.

 

On motion (05-374) of Commissioner Kmiec and the second of Commissioner Moody to authorize the chairman to sign the voting equipment order form in the amount of $339,757.50 of which the county will be responsible, from the election budget for al least $160,957.50.

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed.

 

Item Two: Mr. Wilson, the County Clerk, presenting the 2004 audit of county fiscal activities on behalf of the county auditors. Mr. Wilson stated that the audit is pretty comparable to past years but that the auditors mention that the county is in the process of eliminating several of the items that have been mentioned by the auditors for several years. He added that many of these non-reportable items on the audit would be eliminated with the implementation of the double entry accounting system.

 

Item Three: Mr. Wilson, the County Clerk, presenting the report for allowance of claims and audit authorizing the issuance of orders and warrants in payment of the claims allowed for the month of November 2005 (Clerk’s Report).

 

On motion (05-375) of Commissioner Pichler and the second of Commissioner Moody to confirm the County Clerk’s report for the allowance of claims and audit authorizing the issuance of orders and warrants in payment of the claims allowed for the month of November 2005.

On a Roll Call Vote.

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed.

 

Item Four: Mr. Emerson, the County Counselor concerning lease agreements regarding property the County has acquired in the Flood Buyout Program. Mr. Emerson reported that one of the lease agreements is with Randy Vilela and the other is with Ron and Dora Ware. Mr. Emerson stated that this property was acquired a few years ago and the current lease holders want to renew these leases for a three year term. Mr. Emerson stated that this was a good program for both the county and the adjacent landowners. Mr. Pichler was answered that the lease amount is $100 for one property and $32 for the other property. Mr. Pichler was answered that there was a 60 day termination clause in the lease agreements.

 

                                                                                     LEASE AGREEMENT

This Lease, entered into as of the    day of November, 2005, by and between Crawford County, Kansas, a political subdivision of the State of Kansas, as Lessor, and Randy Vilela, as Lessee.

WITNESSETH:

WHEREAS, Lessor is the owner of certain real estate located in Crawford County, Kansas and desires to rent said real estate to Lessee for a period of at least three (3) years; and

WHEREAS, Lessee desires to rent said real estate from Lessor for said period of time with an option to renew said lease upon mutual written agreement of the Parties.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows:

1. Lease. Lessor does hereby lease and rent to Lessee the following real estate located in Crawford County, Kansas, hereinafter referred to as the "Premises":

Lot Number Two (2) in Mid-States First Subdivision, (a part of the West Half of the Northwest Quarter of the Northwest Quarter of Section Twenty-six (26), Township thirty (30) South, Range Twenty-four (24) East of the Sixth Principal Meridian, Crawford County, Kansas), according to the recorded plat thereof.

 

EXCEPT that part deeded to the State of Kansas, Secretary of Transportation, bounded and described as follows:

 

Beginning at the Northwest Corner of said Lot Two (2); thence East Seventy-two and five tenths feet (72.5'); thence Southwesterly to a point on the West line of said Lot Two (2) Ninety-three and two tenths feet (93.2') South of the point of beginning; thence North along the West line of said Lot Two (2) Ninety-three and two tenths feet (93.2') to the point of beginning.

 

 

(Located at the Southeast corner of 126 Highway and 190th Street.)

 

2. Term. The term of this lease shall be for a three (3) year period commencing on November 1, 2008 and ending on November 1, 2008. This lease can be renewed for additional one (1) year terms upon the written agreement of both parties. If the parties cannot agree on a renewal this lease will terminate on November 1, 2008.

3. Early Termination. Either party may terminate this lease prior to the expiration of the term set forth in Section 2 above by giving written notice of termination to the other party at least 60 days prior to the effective date of the termination.

4. Rent. Lessee shall pay to Lessor as rent for the use and possession of the Premises the sum of $32.55 per year.   Rent for any renewal term, if any, shall be as negotiated by the parties.

5. Insurance. Lessee agrees to purchase liability insurance covering the Premises in the amount of $50,000 per individual and $100,000 per occurrence. Lessee shall furnish to Lessor a Certificate of Insurance upon the execution of this Agreement. This Agreement will be automatically terminated if insurance coverage as provided above is not in effect.

6. Maintenance. Lessee shall perform all routine maintenance to the Premises, including mowing as necessary and keeping fences in good repair.

7. Use of Premises. Lessee understands that this property was purchased by Lessor with funds from the Federal Emergency Management Association (FEMA) and that there are severe use restrictions placed on this property by the Federal Government. A list of approved uses and restrictions is attached hereto as Exhibit A. Lessee agrees to use the premises in an approved manner. Any use of the Premises in violation of FEMA guidelines will result in an automatic termination of this lease. Pre-paid rent will not be refunded as a result of a termination arising from this section. Lessee agrees not to park junk or salvaged vehicles and equipment on this property.

8. Waste or Nuisance. Lessee shall not commit or permit the commission by other of any waste on the Premises; Lessee shall not maintain, commit or permit the maintenance or commission of any nuisance on the Premises; and Lessee shall not use or permit the use of the Premises for any unlawful purpose.

 

9. Alterations and Liens. Lessee shall not make or permit any other person to make any alteration to the Premises or to any improvement thereon or facility appurtenant thereto without the consent of Lessor and FEMA first had and obtained. Any such alterations or improvements which become part of the Premises, as fixtures or otherwise, shall, at the termination or expiration of this Lease, remain with the Premises and become the property of Lessor, subject to its sole use and control, unless Lessor shall require Lessee to remove the same and repair any damage occasioned by such removal, all at his responsibility and expense. Lessee shall keep the Premises free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operation conducted thereon at the instance or request of Lessee.

10. Inspection by Lessor. Lessee shall permit Lessor or Lessor's agents, representatives, or employees to enter the Premises at all reasonable times for the purpose of inspecting the Premises and doing other lawful acts that may be necessary to protect Lessor's interest in the Premises.

11. Acceptance by Lessee. Lessee accepts the Premises in their present condition. Lessee agrees with and represents to Lessor that the Premises have been inspected by him and that he has been assured by means independent of Lessor or any agent of Lessor of the truth of all facts material to this Lease and that the Premises are being leased by Lessee as a result of any representations made by Lessor or any agent of Lessor.

12. Hold Harmless. Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the Premises, free and harmless from any and all claims, liability, loss, damage, or expense resulting from Lessee's occupation and use of the Premises, specifically including without limitation any claim, liability, loss, or damage arising:

(a) By reason of the injury to person or property, from whatever cause, while in or on the Premises or in any way connected with the Premises or personal property in or on the Premises including any liability for injury to the person or personal property of Lessee, his agents, officers, or employees;

(b) By reason of any work performed on the Premises or materials furnished to the Premises at the instance or request of Lessee, his agents, or employees;

(c) By reason of Lessee's failure to perform any provision of this Lease or to comply with any requirement imposed on him or on the Premises by any duly authorized governmental agency or political subdivision;

(d) Because of Lessee's failure or inability to pay as they become due any obligations incurred by him in the agricultural or other operations to be conducted by him on the Premises.

13. Subleasing and Assigning. Lessee shall not encumber, assign, or otherwise transfer this lease, any right or interest in this Lease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the premises, or sublet the Premises, without the express written consent of the Lessor first had and obtained. Lessor reserves the right to sell or otherwise transfer title to the Premises; provided, however, that said sale or transfer shall be subject to the provisions of this Lease.

14. Abandonment by Lessee. Should Lessee breach this Lease or abandon the Premises prior to the natural termination of the term of this Lease, Lessor may continue this Lease in effect by not terminating Lessee's right to possession of the Premises, in which event Lessor shall be entitled to enforce all its rights and remedies under this Lease including the right to recover the rent specified in this Lease as it becomes due under this Lease;

15. Default by Lessee. All covenants and agreements contained in this Lease are declared to be conditions to this Lease and to the term hereby demised to Lessee. Should Lessee default in the performance of any covenant, condition, or agreement contained in this Lease, Lessor may terminate this Lease and re-enter and regain possession of the Premises.

16. Default by Lessor. Should Lessor default in the performance of any covenant, condition, or agreement contained in this Lease, Lessee may terminate this Lease and recover any actual damages sustained by Lessor's default.

17. Notices. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Lease or by law to be served on or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid, addressed to:

 

LESSOR: Board of County Commissioners

  c/o County Counselor

  Second Floor, Courthouse

  Girard, Kansas 66743

  (316) 724-6390

 

LESSEE: Randy Vilela

  103 South Elm Street

  Pittsburg, Kansas 66762

  (316) 231-6350

 

or at such other addresses as said party may designate in writing to the other party.

18. Heirs and Successors. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing in this paragraph contained shall be construed as a consent by Lessor to any assignment or sublease of this Lease or any interest thereon by the Lessee except as herein provided.

19. Amendments. This Lease Agreement may be amended in any or all respects, but only by the written agreement of the parties hereto.

20. Applicable Law. This Lease Agreement shall be governed and construed in accordance with the laws of the State of Kansas.

21. Prior Agreements. This Lease Agreement constitutes the entire understanding and agreement between the parties hereto with respect to the lease of the Premises and supersedes any and all prior agreements, negotiations and discussions pertaining thereto. This Lease Agreement may be executed in any number of copies, each of which shall be deemed an original of this Lease Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed as of the day and year first

written above.

LESSORS:

CRAWFORD COUNTY, KANSAS

 

By:__________________________________  

Anthony Pichler, Chairman

Board of County Commissioners

 

 

 

ATTEST:

 

 

___________________________               

R.J. Wilson, County Clerk                                                                    

 

 

 

LESSEE:

______________________________________

Randy Vilela

 

 

STATE OF KANSAS   )

            ) ss:

COUNTY OF CRAWFORD   )

 

BE IT REMEMBERED, that on this    day of November, 2005, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Anthony Pichler, Chairman of the Board of County Commissioners of Crawford County, Kansas and R.J. Wilson, County Clerk, who are personally know to me to be the same persons who executed the within instrument of writing as said Chairman and County Clerk and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, the day and year last above written.

_____________________________________

      Notary Public

 

(SEAL)                                                    My Appointment Expires:         

 

 

STATE OF KANSAS   )

            ) ss:

COUNTY OF CRAWFORD   )

 

BE IT REMEMBERED, that on this    day of November, 2005, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Randy Vilela, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, the day and year last above written.

 

   ________________________________

    Notary Public

 

(SEAL)                                                    My Appointment Expires:         

 

 

                                                                                                Exhibit A

 

The following uses are approved by FEMA for this property:

 

a) Parks for outdoor recreation activities;

b) Nature preserves;

c) Cultivation;

d) Grazing;

e) Camping;

f) Temporary storage in the open of wheeled vehicles which                   are easily moved (except mobile homes) and;

g) Buffer zones                      

 

                          LEASE AGREEMENT

 

This Lease, entered into as of the    day of November, 2005, by and between Crawford County, Kansas, a political subdivision of the State of Kansas, as Lessor, and Ronald and Dora Ware, husband and wife, as Lessee.

WITNESSETH:

WHEREAS, Lessor is the owner of certain real estate located in Crawford County, Kansas and desires to rent said real estate to Lessee for a period of at least three (3) years; and

WHEREAS, Lessee desires to rent said real estate from Lessor for said period of time with an option to renew said lease upon mutual written agreement of the Parties.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows:

1. Lease. Lessor does hereby lease and rent to Lessee the following real estate located in Crawford County, Kansas, hereinafter referred to as the "Premises":

Lots Numbered Four (4) and Five (5) in West Oaks Subdivision, Crawford County, Kansas, according to the recorded plat thereof and Part of the Southeast Quarter (SE1/4) of the Southeast Quarter of Section Thirteen (13), Township Thirty (30) South, Range Twenty-four (24) East of the Sixth Principal Meridian, Crawford County, Kansas, according to the United States Government Survey thereof bounded and described as follows:

 

Beginning at the Southeast Corner of the Southeast Quarter (SE1/4) of said Section Thirteen (13); thence North Three Hundred Thirty-eight feet (338'); thence west along the South line of Lot five (5) of West Oak Subdivision of Crawford County, Kansas, Six Hundred Sixty-three feet (663'); thence South Three Hundred Thirty-eight feet (338'); thence East Six Hundred Sixty-three feet (663') to the point of beginning.

 

                 (Located at the Northwest corner of 210th Street and 560th Avenue.)

 

2. Term. The term of this lease shall be for a three (3) year period commencing on November 1, 2005 and ending on November 1, 2008. This lease can be renewed for additional one (1) year terms upon the written agreement of both parties. If the parties cannot agree on a renewal this lease will terminate on November 1, 2008.

3. Early Termination. Either party may terminate this lease prior to the expiration of the term set forth in Section 2 above by giving written notice of termination to the other party at least 60 days prior to the effective date of the termination.

4. Rent. Lessee shall pay to Lessor as rent for the use and possession of the Premises the sum of $100.00 per year.   Rent for any renewal term, if any, shall be as negotiated by the parties. Rent shall be paid in an annual lump sum no later than June 1 each year. Failure to pay rent when due shall constitute default by the Lessee.

5. Insurance. Lessee agrees to purchase liability insurance covering the Premises in the amount of $50,000 per individual and $100,000 per occurrence. Lessee shall furnish to Lessor a Certificate of Insurance upon the execution of this Agreement. This Agreement will be automatically terminated if insurance coverage as provided above is not in effect.

6. Maintenance. Lessee shall perform all routine maintenance to the Premises, including mowing as necessary and keeping fences in good repair.

7. Use of Premises. Lessee understands that this property was purchased by Lessor with funds from the Federal Emergency Management Association (FEMA) and that there are severe use restrictions placed on this property by the Federal Government. A list of approved uses and restrictions is attached hereto as Exhibit A. Lessee agrees to use the premises in an approved manner. Any use of the Premises in violation of FEMA guidelines will result in an automatic termination of this lease. Pre-paid rent will not be refunded as a result of a termination arising from this section. Lessee agrees not to park junk or salvaged vehicles and equipment on this property.

8. Waste or Nuisance. Lessee shall not commit or permit the commission by other of any waste on the Premises; Lessee shall not maintain, commit or permit the maintenance or commission of any nuisance on the Premises; and Lessee shall not use or permit the use of the Premises for any unlawful purpose.

9. Alterations and Liens. Lessee shall not make or permit any other person to make any alteration to the Premises or to any improvement thereon or facility appurtenant thereto without the consent of Lessor and FEMA first had and obtained. Any such alterations or improvements which become part of the Premises, as fixtures or otherwise, shall, at the termination or expiration of this Lease, remain with the Premises and become the property of Lessor, subject to its sole use and control, unless Lessor shall require Lessee to remove the same and repair any damage occasioned by such removal, all at his responsibility and expense. Lessee shall keep the Premises free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operation conducted thereon at the instance or request of Lessee.

10. Inspection by Lessor. Lessee shall permit Lessor or Lessor's agents, representatives, or employees to enter the Premises at all reasonable times for the purpose of inspecting the Premises and doing other lawful acts that may be necessary to protect Lessor's interest in the Premises.

11. Acceptance by Lessee. Lessee accepts the Premises in their present condition. Lessee agrees with and represents to Lessor that the Premises have been inspected by him and that he has been assured by means independent of Lessor or any agent of Lessor of the truth of all facts material to this Lease and that the Premises are being leased by Lessee as a result of any representations made by Lessor or any agent of Lessor.

12. Hold Harmless. Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the Premises, free and harmless from any and all claims, liability, loss, damage, or expense resulting from Lessee's occupation and use of the Premises, specifically including without limitation any claim, liability, loss, or damage arising:

(a) By reason of the injury to person or property, from whatever cause, while in or on the Premises or in any way connected with the Premises or personal property in or on the Premises including any liability for injury to the person or personal property of Lessee, his agents, officers, or employees;

(b) By reason of any work performed on the Premises or materials furnished to the Premises at the instance or request of Lessee, his agents, or employees;

(c) By reason of Lessee's failure to perform any provision of this Lease or to comply with any requirement imposed on him or on the Premises by any duly authorized governmental agency or political subdivision;

(d) Because of Lessee's failure or inability to pay as they become due any obligations incurred by him in the agricultural or other operations to be conducted by him on the Premises.

13. Subleasing and Assigning. Lessee shall not encumber, assign, or otherwise transfer this lease, any right or interest in this Lease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the premises, or sublet the Premises, without the express written consent of the Lessor first had and obtained. Lessor reserves the right to sell or otherwise transfer title to the Premises; provided, however, that said sale or transfer shall be subject to the provisions of this Lease.

14. Abandonment by Lessee. Should Lessee breach this Lease or abandon the Premises prior to the natural termination of the term of this Lease, Lessor may continue this Lease in effect by not terminating Lessee's right to possession of the Premises, in which event Lessor shall be entitled to enforce all its rights and remedies under this Lease including the right to recover the rent specified in this Lease as it becomes due under this Lease;

15. Default by Lessee. All covenants and agreements contained in this Lease are declared to be conditions to this Lease and to the term hereby demised to Lessee. Should Lessee default in the performance of any covenant, condition, or agreement contained in this Lease, Lessor may terminate this Lease and re-enter and regain possession of the Premises.

16. Default by Lessor. Should Lessor default in the performance of any covenant, condition, or agreement contained in this Lease, Lessee may terminate this Lease and recover any actual damages sustained by Lessor's default.

17. Notices. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Lease or by law to be served on or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid, addressed to:

LESSOR: Board of County Commissioners

  c/o County Counselor