BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, January 4, 2005

 

 

Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Phil Anderson, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Clerk Recorder Tammy Bridges

 

ITEM #1 – CONSIDER TABLED AMENDING RESOLUTION 05-01 AMENDING CERTAIN PORTIONS OF THE BUTLER COUNTY ZONING REGULATIONS AS RECOMMENDED BY THE BUTLER COUNTY PLANNING COMMISSION

David Yearout, Interim Planning & Development Director, came before the Board to amend certain portions of the Butler County Zoning Regulations as recommended by the Butler County Planning Commission.  The County Commission reviewed this issue on December 28, 2004 and tabled this item pending review by legal counsel.  Mr. Yearout stated he had contacted Norm Manley, County Counsel, regarding the current definition of right of way and Mr. Manley stated that in his opinion, the current definition in our zoning regulations is consistent with the definition found in Black’s Law Dictionary and concluded that the proposed amendments and definition of right of way are not an infringement upon any underlying rights of adjoining landowners.  Mr. Yearout concluded that there are no legal liabilities nor infringements upon the adoption of the amendment regarding the restrictions of the type of signing that is allowed within the public right of way on any of the county and township roads.   The only signs allowed within the right of way are those signs required by governmental authority through the County Engineer’s office which include stop signs, speed limit signs, street name signs, warning signs, weight limit signs, etc.  Political signs are not allowed in the right of way.

 

RECESS

Commissioner Carpenter recessed the Board at 9:08 a.m. for an important phone call.

 

RECONVENE

Commissioner Carpenter reconvened the Board at 9:11 a.m.

 

Darryl Lutz stated that in placing signs in the right of way, there are two different types of liability, exposure of contact or physical damage and visual distraction for drivers.

 

Harold Cooper inquired about political signs and stated that he wasn’t allowed to have a 3 square foot sign in his driveway when Commissioner Carpenter’s sign was 32 square foot and Commissioner Wheeler’s sign was 16 square foot.  David Yearout stated that the Commissioner’s signs were placed on private property outside of the right of way.  Commissioner Carpenter stated that everyone has to abide by not having signs in the right of way.  Mr. Cooper stated that the term, right of way, is not being defined properly.  Commissioner Carpenter stated that we went to County Counsel Manley and he has rendered a decision about the definition of right of way, even though it is contrary to what Mr. Cooper believes.  Mr. Cooper stated that the five commissioners could not write down the definitions of the three kinds of right of ways we have existing in the county today.  He stated that they were going to vote on this and assume that this definition of right of way is proper from fence line to fence line, which, in Mr. Cooper’s opinion, this definition of right of way is correct for a state highway, but not for a township road.

 

Harold Cooper then read to the Board an excerpt of a statement from the Kansas Attorney General, Carla Stovall, from October 1999, regarding the Supreme Court’s inference that nothing connected to the land passes to the public except what is necessary to make a road a good and sufficient thoroughfare for the public.  He stated that the City of El Dorado recognizes and has published that the expression of political speech is an important and constitutionally protected right.  Mr. Cooper stated, “A political sign in a driveway is political speech and shouldn’t be messed with by the County.”

 

Commissioner Carpenter motioned to approve Resolution No. 05-01 to amend certain portions of the Butler County Zoning Regulations as specified therein.  Commissioner Doll seconded the motion.  Motion carried 4-1.  Commissioner Wheeler voted no.

 

Mr. Cooper then stated that the next time he puts up political signs, it wouldn’t be in his driveway but behind his fences.

 

ITEM #2 – CONSIDER APPROVING THE PURCHASE OF A TRACT OF DRAINAGE EASEMENT FOR THE SW 170TH STREET PROJECT AT ROSE HILL

Darryl Lutz, Public Works Director, came before the Board for approval to purchase a tract of drainage easement for the SW 170th Street project at Rose Hill.    All road right-of-way required for the SW 170th Street project has now been acquired.  An easement for drainage improvements related to property that has been in bankruptcy, however, has just been offered for final approval by Butler County.  The easement is being granted at no cost to Butler County.

 

Commissioner Carpenter motioned to approve the purchase and acceptance of a drainage easement from RSF Capital Corporation in the amount of $1 for 0.03 acres of land required for the construction of 1 mile of SW 170th Street between Rose Hill Road and the County Line, and authorize the Chair to sign.  Commissioner Shriver seconded the motion.  Motion carried 5-0.

 

ITEM #3 – CONSIDER ALLOWING GIS/MAPPING TO FILL A VACANT POSITION

Will Johnson, Administrator, came before the Board for approval to fill a vacant position in the GIS/Mapping Department.

 

Commissioner Doll motioned to allow GIS/Mapping to fill the vacant clerk position. Commissioner Anderson seconded the motion.  Motion carried 5-0.

 

ITEM #4 – CONSIDER APPROVING ROAD MAINTENANCE AGREEMENTS WITH ELK RIVER WIND FARM FOR MAINTAINING COUNTY AND TOWNSHIP ROADS DURING THE PROPOSED CONSTRUCTION OF THE WIND FARM LOCATED BETWEEN BEAUMONT AND LATHAM

Darryl Lutz, Public Works Director, came before the Board for approval of the road maintenance agreements with Elk River Wind Farm for maintaining county and township roads during the proposed construction of the wind farm located between Beaumont and Latham.  During construction of the proposed wind farm, certain roads maintained by Union Township and by Hickory Township will be used by contractors to gain access to the wind farm site.  Additionally, certain county maintained roads will be used.  There are two agreements.  One agreement covers maintenance of Union Township roads and the other agreement covers maintenance of Hickory Township roads.  These agreements place responsibility for all costs of road maintenance on Elk River Wind Farms for damage as determined by the County Engineer.

 

Commissioner Doll motioned to approve the road maintenance agreement between Elk River Wind Farm, Butler County and Union Township and to approve the road maintenance agreement between Elk River Wind Farm, Butler County and Hickory Township and authorize the Chair to sign both contingent on Union and Hickory Townships approving the agreements.  Commissioner Wheeler seconded the motion.  Motion carried 5-0.

 

Will Johnson stated that we had four things that needed to be accomplished related to the Elk River Wind Farm:  road maintenance agreement, submittal of a site plan, development of a security agreement, and the acquisition of building permits. 

 

Jeff Schlichting, Elk River Wind Farm, came before the Board with much discussion concerning the development plan and the application for the Elk River Wind Farm.  Commissioner Doll had many questions for Mr. Schlichting pertaining to meeting the requirements of Article 7 Guidelines.  Mr. Schlichting feels that while the Wind Farm was approved prior to the conditions of Article 7, they are complying with the requirements; however, he has not committed to meet every piece of the revised siting guidelines.  He stated that the application, which included the development plan required at the time they applied, addresses all the points that have been raised in the revised energy siting guidelines.  Mr. Schlichting stated that when they went through the application process, they did far more than was required at that point because the Zoning Regulations essentially didn’t anticipate wind energy projects.  He invited the Board to go back and look at the application again.  Commissioner Doll asked for a copy of the application/development plan for review.

 

RECESS

Commissioner Carpenter recessed the Board at 10:00 a.m. for 10 minutes.

 

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 10:10 a.m.

 

Will Johnson, Administrator, came before the Board for discussion regarding Securities for the Elk River Wind Farm project.  Mr. Johnson stated that he checked with County Counsel Norm Manley, Green Light, HMH, and PPM on a security bond.  No one can find where to acquire a security bond.  There are four options:  a corporate guarantee, letter of credit from a bank in the amount of $3,000,000, an escrow account with PPM Energy depositing money every year and building up to $3,000,000, and a plan for ownership of the salvage.

 

Raimund Grube, PPM Energy, came before the Board and stated that he has been talking with County Counsel Norm Manley and Administrator Will Johnson about making sure the project is responsibly and timely decommissioned when it ceases to be in operation.  He stated that a surety bond is not a common instrument.  Mr. Grube wants to come up with an industry-recognized mechanism for insuring the decommissioning does take place.  After much discussion regarding the Security for this project, Administrator Johnson asked if the Board was comfortable with building an escrow with a decrease in surety.  Commissioner Doll asked Mr. Johnson and Elk River to produce a spreadsheet showing how they would propose to do this.  Commissioner Shriver asked for scenarios and costs and what the County’s assurance level would be. 

 

Commissioner Doll inquired about the engineering inspections.  Administrator Johnson stated that he would be acquiring a shop drawing and meeting with Allied Labs and John Bailey to write a scope.

 

ITEM #5 – WORK SESSION – SENIOR CENTER PROJECT FUNDING POLICY

Will Johnson, Administrator, came before the Board with a draft of the Senior Center Project Funding Policy for review.  There was discussion regarding the conditions and changes to be made to the policy.  This will be an agenda item at a later date.

 

ITEM #6 – WORK SESSION – YEAR END FINANCIAL REVIEW

Mark Detter, Assistant Administrator, came before the Board with the Year End Financial Review.

 

APPROVAL OF MINUTES

Commissioner Carpenter motioned to approve the minutes of the Butler County Commission Meeting of Tuesday, December 28, 2004 as amended.  Commissioner Wheeler seconded the motion.  Motion carried 5-0. 

 

APPROVAL OF ADS & ABATES

Commissioner Wheeler motioned to approve Adds & Abates #2204.  Adds in the amount of $2,463.62 and Abates in the amount of $9,824.80.  Commissioner Shriver seconded the motion.  Motion carried 5-0.

 

OTHER ITEMS OF BUSINESS

Administrator Johnson stated that the jail count is 208 with 150 billable.

 

Administrator Johnson stated that the elected officials would be taking their oaths of office at next week’s meeting.  Judges Ward and Ricke will be present and all the judges have been invited to attend.  The new Board Chairman and Vice-Chairman will be set and there will be a reception following the meeting.

 

Administrator Johnson stated that we have hired a new Planning and Zoning Director, Rod Compton, who will start February 1, 2005.

 

ADJOURNMENT

Commissioner Wheeler motioned to adjourn the meeting of the Board at 11:10 a.m.  Commissioner Shriver seconded the motion.  Motion carried 5-0.