BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, September 6, 2005

 

 

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

 

APPROVAL OF MINUTES

Commissioner Woydziak motioned to approve the minutes of the Butler County Commission Meetings of Monday, August 29, 2005 and Tuesday, August 30, 2005 as written.  Commissioner Waldorf seconded the motion.  Motion carried 4-0. 

 

ITEM #1 – CONSIDER A REQUEST FROM NEAL PARRISH, COUNTY TREASURER FOR THE ABATEMENT OF REAL ESTATE TAXES

Neal Parrish, County Treasurer, came before the Board for approval to abate real estate taxes for Brian & Shelly Gudenkauf.  According to the Appraisers Office, Mr. and Mrs. Gudenkauf owned a mobile home on leased land for the years of 1993, 1994, 1995, and 1996.  Since then, the mobile home has been removed from the property.  Timothy Titus has owned the property since 1997 and has moved a different mobile home, sheds, etc. onto the property.  The delinquent 1995 and 1996 taxes have never been paid.  The Gudenkaufs were notified in September 1999 and September 2000 about the taxes, but they never responded.  The amount due for 1995 is $156.88 and the amount for 1996 is $283.90, for a total of $440.78.  Mr. Parrish stated that County Counsel Norm Manley agrees that this is the best way to handle these taxes.

 

Commissioner Woydziak motioned to abate the 1995 and 1996 taxes off the tax roll for Brian & Shelly Gudenkauf.  Commissioner Doll seconded the motion. Motion carried 4-0.

 

ITEM #2 – CONSIDER A CONTRACT BETWEEN KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT AND BUTLER COUNTY HEALTH DEPARTMENT FOR A SUPPLEMENTAL CHRONIC DISEASE RISK REDUCTION TOBACCO ENHANCEMENT GRANT FROM THE SUNFLOWER FOUNDATION AND THE AMERICAN LEGACY FOUNDATION

Carol Borger, Health Department Administrator, came before the Board for approval of a contract between Kansas Department of Health and Environment (KDHE) and Butler County Health Department for a supplemental Chronic Disease Risk Reduction Tobacco Enhancement Grant from the Sunflower Foundation and the American Legacy Foundation.  This supplemental grant for Youth Tobacco Use Prevention will enable the Health Department to focus activities toward the youth of our county in areas we have not been able to sustain when funding for these activities were cut by KDHE the last two years.  This is a $12,000 supplemental grant with no additional match.

 

Commissioner Waldorf motioned to approve the Kansas Department of Health and Environment Chronic Disease Risk Reduction Tobacco Enhancement Grant through the Sunflower Foundation and the American Legacy Foundation for $12,000.00 and allow the Chair to sign.  Commissioner Woydziak seconded the motion.  Motion carried 4-0.

 

ITEM #3 – CONSIDER AN APPLICATION BY FRANK J. DVORAK, JR. TO REZONE APPROXIMATELY 80 ACRES IN THE AUGUSTA EXTRATERRITORIAL AREA FROM AGRICULTURAL DIVISION TWO TO RURAL RESIDENTIAL DIVISION 6D

Rod Compton, Director of Planning & Development, came before the Board for approval of an application by Frank J. Dvorak, Jr., to rezone approximately 80 acres in the Augusta Extraterritorial Area from Agricultural Division Two to Rural Residential Division 6D.  This property is located on the west side of Hopkins Switch Road approximately ¼ mile south of SW 50th Street within the Extraterritorial Area of the City of Augusta.  According to an Interlocal Agreement between the City of Augusta and Butler County that was approved in 2000, Butler County gave the City of Augusta zoning and subdivision control over a defined area around the City of Augusta.  The AG Division 2 classification allows single-family dwellings only on parcels of 40 acres or more, whereas the Rural Residential Division 6D classification allows the division of land into parcels ranging in size from 20 to 39.9 acres. 

 

Mr. Compton stated that the Augusta City Zoning Administrator contacted him last week about getting a recommendation regarding this request.  The Extraterritorial Agreement states that the Board is to provide a recommendation to the City of Augusta’s Planning Commission for any rezoning request in that area as to whether it is in conformance with our Comprehensive Plan.  The City of Augusta Planning Commission met on Monday, August 22, 2005.  The notice of this hearing was stamped received on August 22, 2005 in the County’s Planning and Zoning office.  Mr. Compton didn’t have time to present it to the Board before the Augusta’s Planning Commission Meeting.  This request is scheduled to go before the Augusta City Commission meeting tonight, September 6, 2005.  Mr. Compton stated that the Board is to review this request for conformance with the Butler County Comprehensive Plan.  This area is also within the City of Augusta Comprehensive Plan.  Our Plan shows this property to be in the periphery part of the urban growth area for the County, which in 15-20 years could be considered as an area for development.  Mr. Compton stated that this request does not conform to our Plan or the City of Augusta’s Plan for rezoning, and the process was not followed in presenting this to the Board.

 

Administrator Johnson stated that Commissioner Carpenter called him before he left on vacation and expressed his displeasure with the Interlocal agreement issue and wanted Mr. Johnson to relay to the Board that he (Commissioner Carpenter) is not in favor of this. 

 

Mr. Jerry Blair, Subdivision Administrator and Inspector for the City of Augusta, came before the Board and stated that the notices to the County are mailed out at the same time the property owners’ are mailed.  He doesn’t know why Mr. Compton did not get that notice until the day of the hearing.  Mr. Blair said that at the end of 20 days, he never received anything back from the County stating that the City of Augusta was doing anything against the County Comprehensive Plan.  According to Mr. Blair, the Augusta City Planning Commission found no reason to deny the rezoning.

 

Ken Hays came before the Board and stated that he shares a quarter mile fence line with this property to the north.  He said that after the Augusta Planning Commission found in favor of this rezoning, those who were opposed were instructed to file protest petitions.  There was concern expressed by Mr. Hays that the Augusta City Council is going to approve the rezoning regardless of what this Board does or regardless of the protest petitions.  Mr. Hays stated that over 43% of the landowners have filed protest petitions, which represents over 70% of the land.  If this property is zoned residential, Mr. Hays is concerned that it could be developed into 15 lots.  He said he doesn’t want that to happen on his back fence line.

 

Mr. Rod Compton stated that the property could be divided into lots of 20 acres to 39.9 acres without coming back for rezoning.  Rezoning would be required in order to break the property up into anything less than 20- acre lots.

 

Martin Coffman lives south of the property and came before the Board and stated that he received a notice regarding a change of district reclassification.  He objects to the district reclassification because it affects his property and the way he’s been living for 17 years.   Commissioner Doll stated that this is a City of Augusta issue.  Mr. Coffman stated that a district reclassification would affect how they live and pay taxes. 

 

Joyce Brown, Real Estate Agent for Mr. Dvorak, came before the Board and presented a statement.  Ms. Brown said that the adjacent landowners are concerned that the property would be developed into a big subdivision.  Mr. Dvorak is requesting the property be zoned for three lots of 26.6 acres only, one for each of their sons and one for them.  She stated that these homes would be stick built and would cost in excess of $100,000.

 

Ron Gordon came before the Board and stated that he lives in the country and this change in zoning would affect the whole atmosphere of country style living and would change it into more of a suburban type living.  Mr. Gordon stated that this would totally change his lifestyle and devastate the area.

 

Commissioner Doll motioned to recommend denial of an application by Frank Dvorak, Jr., to rezone 80 acres in the Augusta Extraterritorial area from AG Division to Rural Residential Division 6D, to be sent back to the City of Augusta, due to the fact that it is not in conformance with the County’s Comprehensive Plan.  Commissioner Woydziak seconded the motion.  Motion carried 4-0.

 

Commissioner Waldorf stated that something needed to be done regarding this process.  Administrator Johnson stated that the language should be changed in the Interlocal agreement stating that the Planning Commission will not take action without input from the County Commission.

 

Ken Hays stated that we have heard compelling arguments against this rezoning and no arguments for it except for the Interlocal Agreement.  He said we have 70-80% of the residents whose property adjoins this property saying that we don’t want this.  Commissioner Woydziak stated that the Board voted to recommend denial.  Mr. Hays stated that he was wondering why in any case, the Board would consider voting yes.  He said that he doesn’t have any say in electing officials in Augusta.  Mr. Hays stated that he lives in the county as an El Dorado resident and doesn’t understand why the City of Augusta is determining rezoning of land adjoining his property. 

 

RECESS

Commissioner Wheeler recessed the Board at 10:20 a.m. for 5 minutes.

 

 

RECONVENE

Commissioner Wheeler reconvened the Board meeting at 10:25 a.m.

 

ITEM #4 – CONSIDER APPROVING THE TABLED AGREEMENT FOR SCRAP METAL RECYCLING AT THE BUTLER COUNTY LANDFILL

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of a tabled agreement for scrap metal recycling at the landfill.  The Board approved a proposal from Darrell Lydick of Ramco Services on July 25, 2005.

 

Commissioner Woydziak motioned to approve the agreement between Ramco Services and Butler County for collection and removal of separated metal items from the landfill at a charge of $21 per ton and authorize the Chair to sign.  Commissioner Doll seconded the motion.  Motion carried 4-0.

 

ITEM #5 – CONSIDER AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SOLICIT PROPOSALS FOR FARM GROUND LEASE AT THE LANDFILL

Darryl Lutz, P. E., Director of Public Works, came before the Board for approval to go out for proposals to lease out the farm ground around the landfill.  Since 1998, this farm ground has been leased on a cash basis.  The tenant has done an excellent job farming the ground and has been a good steward of the land.  Also, the tenant has always made the lease payments in a timely manner.  It has been 7 years since the original lease agreement.  The current farm income to the landfill is approximately $5,400 per year.

 

Commissioner Woydziak motioned to approve receiving proposals for leasing out farm ground around the landfill on a cash lease basis.  Commissioner Doll seconded the motion.  Motion carried 4-0.

 

ITEM #6 – CONSIDER APPROVAL OF A PROCLAMATION DECLARING SEPTEMBER AS “SIGN UP FOR SCOUTING MONTH”

Will Johnson, Administrator, came before the Board for approval of a Proclamation declaring September as “Sign Up for Scouting Month.”  The Girl Scouts of the Golden Plains Council in Wichita along with the Quivira Boy Scout Council will be holding a large area-wide sign-up effort in September.  The purpose of both the Girl Scouts and the Boy Scouts is to inspire girls and boys to the highest ideals of character, conduct, patriotism, and service so that they may become happy and resourceful citizens.

 

Commissioner Waldorf motioned to recommend that the Board approve and sign the proclamation declaring September as “Sign Up for Scouting” month.  Commissioner Woydziak seconded the motion.  Motion carried 4-0.

 

ITEM #7 – WORK SESSION – FIRE DISTRICT REPORTING FORMS

Mark Detter, Assistant County Administrator/Finance Officer, came before the Board to present a letter and additional reporting requirements for fire districts, which were requested by the Board during the budget sessions.

 

No action was taken.

 

 

APPROVAL OF VOUCHERS

Commissioner Doll motioned to approve the vouchers for September 6, 2005 in the amount of $111,818.30.  Commissioner Waldorf seconded the motion.  Motion carried 4-0.

 

APPROVAL OF ADDS & ABATES

Commissioner Woydziak motioned to approve Adds & Abates #2233 dated September 6, 2005.  Abates in the amount of $1,585.64 and Adds in the amount of $11,327.38.  Commissioner Waldorf seconded the motion.  Motion carried 4-0.

 

OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS

Commissioner Waldorf stated that he and Commissioner Doll met for breakfast this morning with Aaron Wells and Shari Male of the Economic Development Board.  He said it was a very productive meeting and they would present a job description for the Economic Development Director next week.

 

Commissioner Waldorf stated that he received an e-mail from Teresa Flowers requesting a turn lane into the Walnut River Apartments.  Administrator Johnson stated that this is a Kansas Department of Transportation issue and will respond to Ms. Flowers.

 

Administrator Johnson stated that Jim Schmidt and Kathy Guy, of the Emergency Management Department would be traveling to the affected area of damage from Hurricane Katrina to work for FEMA.

 

Ron Roberts, County Clerk, and Neal Parrish, Treasurer, came before the Board to discuss the press release regarding specials in Rose Hill.  There was much discussion between the Board, Mr. Roberts, and Mr. Parrish.  Neal Parrish, Treasurer, stated that he didn’t have time to baby-sit the taxpayers.  Ron Roberts, County Clerk, stated that it is the taxpayers’ responsibility to see that their taxes are paid.  The Commissioners also requested that the staff be more proactive in the future when issues related to specials arise. 

 

Administrator Johnson stated that the Board Leadership Training meeting would be on Wednesday, September 21, 2005 at the El Dorado Civic Center.  Commissioners Wheeler and Woydziak will be attending.

 

Administrator Johnson stated that he would be on vacation starting Friday, September 9, 2005 through Friday, September 16, 2005.  Mark Detter, Assistant Administrator/Finance Director, will be attending the Board meetings in Mr. Johnson’s absence.

 

John Kirk, Intern, presented the finalized Butler County Fact Sheet to the Board.

 

Administrator Johnson stated that he would have the rail storage area cleaned up and mowed in Augusta.

 

Administrator Johnson stated that the City of Augusta wants to lease 6-10 feet of the railroad property for the Depot for historic preservation usage.  Mr. Johnson will bring a lease agreement before the Board at a later date.

 

Administrator Johnson stated that the Sheriff’s Department would like to trade-in a 2003 ¾ ton truck for a newer 4-cylinder pick-up truck that gets better gas mileage.   

 

RECESS TO EXECUTIVE SESSION

Commissioner Doll motioned to recess the Board to Executive Session at 11:50 a.m. for 10 minutes to discuss personnel matters of non-elected personnel.  Commissioner Waldorf seconded the motion.  Motion carried 4-0.  Those in attendance were Commissioners Doll, Waldorf, Wheeler, Woydziak, and Administrator Johnson.

 

RECONVENE

Commissioner Wheeler reconvened the Board meeting at 12:07 p.m.

 

ADJOURNMENT

Commissioner Woydziak motioned to adjourn the meeting of the Board at 12:07 p.m.  Commissioner Waldorf seconded the motion.  Motion carried 4-0.