BUTLER COUNTY BOARD OF COMMISSIONERS

Monday, June 20, 2005

 

 

CALL TO ORDER

Commission Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 9:00 a.m.  Present were Commissioner Will Carpenter, Commissioner Randy Doll, Commissioner Randy Waldorf, Commissioner Dan Woydziak, Administrator Will Johnson Jr., and County Clerk Ron Roberts.

 

APPROVAL OF MINUTES

Commissioner Woydziak motioned to approve the minutes of the Butler County Commission Meeting of Monday, June 6, 2005 and Tuesday, June 7, 2005 as written.  Commissioner Waldorf seconded the motion.  Motion carried 5-0. 

 

ITEM #1 –RECEIVE BIDS FOR PUCHASE OF 2005 SHERIFF PICKUP PATROL VEHICLE

Craig Murphy, Butler County Sheriff, came before the Board to receive bids for a 2005 Sheriff pickup patrol vehicle. The current patrol vehicle is a 1999 Ford F 250 with over 180,000 miles.  The Sheriff’s Department currently has $289,375 in capital outlay for vehicle purchases in 2005.  The following bid amounts are less trade-in and were received from:

 

                             Company                                          Amount of Bid

Parks Chevrolet                     $22,216 & $24,916 (2 bids)

Parks of Augusta                      $26,872

Fenton Ford                             $27,356

Emporia Motors             $28,230 & $28,878 (2 bids)

 

Commissioner Waldorf motioned to accept and have the Sheriff review the bids for a 2005 Sheriff pickup patrol vehicle.  Commissioner Woydziak seconded the motion.  Motion carried 5-0.

 

ITEM #2 – CONSIDER AN INTERLOCAL LAW ENFORCEMENT AGREEMENT BETWEEN THE BUTLER COUNTY SHERIFF’S DEPARTMENT AND THE CITIES OF DOUGLASS, POTWIN, AND WHITEWATER

Craig Murphy, Butler County Sheriff, came before the Board for consideration of an Interlocal Law Enforcement Agreement between the Butler County Sheriff’s Department and the cities of Douglass, Potwin, and Whitewater.  Agreements have been reviewed and approved by Norman Manley, County Counsel.  The amount received from Douglass beginning 01-01-06 will be $126,871 yearly. The amount received from Potwin and Whitewater beginning 01-01-06 will be $29,323.30 yearly.

 

Commissioner Doll motioned to approve an Interlocal Law Enforcement Agreement between the Butler County Sheriff’s Department and the cities of Douglass, Potwin, and Whitewater.   Commissioner Carpenter seconded the motion.  Motion carried 5-0.

 

 

 

ITEM #3 –RECEIVE A REQUEST BY PAT O’ROURKE FOR EXTENSION OF USE OF SINGLEWIDE MANUFACTURED HOME PENDING CONSTRUCTION OF NEW SINGLE FAMILY DWELLING

The Board discussed a request from Pat O’Rourke for an extension of the use of a singlewide manufactured home pending construction of a new single-family dwelling.  Mr. O’Rourke was not present for the discussion.

 

Rod Compton, Director of Planning & Zoning, stated that Mr. O’Rourke purchased the Southwest Quarter of Section 11, Township 29 South, Range 5 East.  He moved a singlewide manufactured home onto the property in 2003.  The zoning regulation states that the use of a singlewide manufactured home as living quarters, pending the construction of a site built residence or the placement of a residential design manufactured home, is allowed with the stipulation that the singlewide be on the property no longer than 12 months.  Records show a permit for a well was obtained and permits for a sewer system for the manufactured home and a proposed new home were obtained; however no building permits were obtained for the manufactured home or the proposed home.  A letter to Mr. O’Rourke dated May 12, 2005 was sent explaining that he was in violation of the County’s zoning regulations, and that the manufactured home must be moved off the property.

 

Commissioner Waldorf motioned to table the extension of the use of a singlewide manufactured home pending construction of a new single-family dwelling.  Commissioner Woydziak seconded the motion.  Mr. O’Rourke was not at the meeting.  Motion carried 3-2. Commissioner Wheeler and Carpenter opposed.

 

ITEM #4 – RECEIVE LARRY OAKLEY

Larry Oakley came before the Board to discuss on-going problems concerning the property on the previous agenda item. Mr. Oakley stated that there were no permits taken out for the improvements on the property, including the brick entry way and the electric gates.  He also said that a 15 to 20 acre lake was built in the waterway without obtaining permits from the state and also indicated that the mobile home is not on the tax rolls.

 

Mr. Oakley asked the commissioners to deny the request for an extension for the mobile home.

 

ITEM #5 – CONSIDER A REQUEST FROM DAN BELTZ – B&E INVESTMENTS FOR A REQUEST FOR REZONE FROM AG-40 TO RURAL RESIDENTIAL

{CASE NO. RZ-05-04}

Rod Compton, Director of Planning & Zoning came before the Board with a request to rezone property from AG-40 to Rural Residential.  Mr. Dan Beltz of B&E Investments has made the request to rezone the property located in the East Half of the Northeast Quarter of Section 32, Township 28 South, Range 3 East.  The Planning & Zoning Commission recommended approval of the rezoning, however Mark Conway, the Mayor of Rose Hill indicated in a letter dated May 23, 2005, that the City of Rose Hill did not support the rezoning request because the property involved was located in the City’s Urban Reserve area.  This is viewed as the long-term urban growth area.  On the same evening the recommendation to deny the rezoning was passed, the City Commission approved the Final Plat for the subdivision of this property.  The Commission considered this matter and approved this rezoning contingent upon the City of Rose Hill’s approval.  Approval was not obtained; therefore, action needs to be taken to deny the request.

 

Commissioner Woydziak motioned to deny a request for rezone from AG-40 to Rural Residential. {Case No. RZ-05-04}  Commissioner Carpenter seconded the motion.  Motion carried 5-0.

 

Mr. Dan Beltz requested to approach the commission.  He addressed some irregularities in the actions of the City of Rose Hill regarding this case.  Matt Eck who is selling the property to Mr. Beltz also spoke in favor of approving the zoning changes.

 

Commissioner Woydziak motioned to rescind the previous action to deny the zoning change request and table the item to have further discussions with Rose Hill.  Commissioner Waldorf seconded the motion. Motion carried 5-0.

 

RECESS

Commissioner Wheeler recessed the Board at 10:05 a.m. for 5 minutes.

 

RECONVENE

Commissioner Wheeler reconvened the Board at 10:10 a.m.

 

ITEM #6 – CONSIDER A HOMESTEAD LOT SPLIT APPROVAL FOR ROBERT & NORMA BANKS {CASE NO. PL-05-10}

Rod Compton, Director of Planning and Zoning, came before the Board to consider a homestead lot split approval for Robert and Norma Banks.  Mr. Banks is proposing to separate 5 acres and a residence from the rest of his property.  The property is located approximately ¼ mile east of Boyer Road on the south side of SW 50th Street.  The Planning & Zoning Commission approved this Lot Split following a public hearing on June 7, 2005, because the request met the criteria for such a split and because the applicant was willing to comply with all of the requirements pertaining to it.

 

Commissioner Woydziak motioned to approve a homestead lot split for Robert and Norma Banks subject to the signing of the APO (Agriculture Preservation Overlay) Agreement. {Case No. PL-05-10} Commissioner Waldorf seconded the motion.  Motion carried 5-0.  

 

ITEM #7 – RECEIVE AND REVIEW A PRIVATE ACCESS EASEMENT RELATED TO THE PROPOSED VACATION OF 1 MILE OF NE 60TH STREET EAST OF FLINTHILLS ROAD

Phil Hughey, Public Works Department, came before the Board for a review of a private access easement related to the proposed vacation of 1 mile of NE 60th East of Flinthills Road.

Mr. Stephen Sundgren, a resident property owner of Chelsea Township, has submitted a petition requesting the vacation of approximately ¾ mile of NE 60th Street beginning at NE Flinthills Rd, thence going east.  The existing road only accesses property owned by the Sundgren family.  Mr. Sundgren desires to maintain the road himself and close off the road to public use. The Sundgren’s have executed a private easement for the purpose of providing access to two tracts that will be landlocked if NE 60th Street is vacated.  Norman Manley, County Counsel, is presently reviewing the easement.

 

This matter will come back before the commission for action after the road viewing is completed.

 

ITEM #8-RECEIVE A REPORT OF ROAD VIEWERS AND CONSIDER VACATION OF SW BOYER ROAD BETWEEN SW 220TH STREET AND SW 230TH STREET IN ROCK CREEK TOWNSHIP

Phil Hughey, Public Works Department, came before the Board for approval to appoint viewers and to allow the County Engineer to prepare a Report of Viewers indicating the findings of the viewers and to include a recommendation to either vacate or not to vacate 1 mile of SW Boyer Rd between SW 220th St. and SW 230th St. in Rock Creek Township. The Commissioners appointed Commissioners Woydziak, Doll, and Waldorf as viewers and directed them to meet at 8:00 a.m. Monday, June 20, 2005, to view said road, to hear comments for or against closing said road, and to make a report to the Board.

 

Catherine Pottorff, a resident property owner of Rock Creek Township, has submitted a petition requesting the vacating of this road and desires to build one fence on the section line.

 

Commissioner Woydziak motioned to approve closing the above referenced road.  That having read the report of Viewers and such report being read before the Board of County Commissioners, said report being favorable, no legal objections appearing against the same, and the Board is satisfied that such road will be of no public utility do hereby order that said road survey and plat be recorded as recommended by said report.  It is also ordered that the trustee of the aforesaid Township be directed to cause the road to be closed for public travel.  Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #9-WORK SESSION-PRESENTATION OF SEVERE WEATHER OPERATIONS

Jim Schmidt, Emergency Management Director, came before the Board of Commissioners to present the Hazardous Weather Operations Plan.

 

ITEM#10-WORK SESSION-2004 AUDIT COMPLIANCE

Will Johnson, County Administrator, came before the Board to review the Audit with Allen, Gibbs & Houlik, L. C.  Several points from the auditors were discussed including signature requirements, positive pay, timely deposits with the Treasurer’s Office, and purchase approvals.  The landfill bank reconciliation, tax roll reconciliation, expense reimbursements, and the procedure of tracking grants were discussed.

 

APPROVAL OF VOUCHERS

Commissioner Carpenter motioned to approve the vouchers for June 20, 2005 in the amount of  $530,288.66.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

OTHER ITEMS OF BUSINESS

Commissioner Doll, Waldorf, and Woydziak will be attending a road viewing at 8:00 a.m. for 1 mile of SW Boyer Road between SW 220th Street and SW 230th Street in Rock Creek Township.

 

The Commissioners will be attending the quarterly Quad Counties meeting at the Butler County Historical Museum at 11:45 a.m. today, June 20, 2005.

 

 

 

Commissioner Carpenter inquired as to the County savings with the current phone bill.  Mr. Carpenter also asked about the truck travel on Haverhill Road.

 

Will Johnson, County Administrator, came before the Board for approval to fill a vacancy in the Treasurer’s office.  This vacancy was from Anita McNeal filling the Accounts Payable position.

 

Commissioner Woydziak motioned to approve posting the vacancy in the Treasurer’s office and accept applications.  Commissioner Carpenter seconded the motion.  Motion carried 5-0.

 

ADJOURNMENT

Commissioner­ Woydziak motioned to adjourn the meeting of the Board at11:40 a.m.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.