Tuesday, April 11, 2006
Commission Chairman Dan Woydziak 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 Mike Wheeler, Administrator Will Johnson, Jr., and Clerk Recorder Tammy Bridges.
ITEM
#1 – WORK SESSION – RECEIVE MR. NORMAN MANLEY TO DISCUSS THE PROCESS FOR
THE PROPOSED CREATION OF A SPECIAL IMPROVEMENT DISTRICT FOR WAGON WHEEL RANCH
LOCATED ON THE SOUTH SIDE OF SW 70TH ST. APPROXIMATELY 1 ½ MILES
WEST OF SANTA FE LAKE RD.
Mr. Norman Manley, County Counsel, came before the Board and stated that
the county has received a petition by the taxpayers in the Wagon Wheel Ranch
area requesting the creation of a special improvement district. He said the next step in the process is to
schedule a public hearing and allow the interested parties from Wagon Wheel
Ranch to come before the Board and explain what they are trying to accomplish.
Mr. David All, Attorney, came before the Board representing taxpayers
within the Wagon Wheel Ranch area. He
said the reason for the problem in Wagon Wheel is that in 1962 when it was
incorporated and platted, no protective covenants were included requiring participation
in upgrading the infrastructure. Mr.
All stated that the county platted the area with the provision that they would
not maintain the streets. He stated
that everyone is not participating in paying for road and bridge maintenance,
and said this would allow everyone to contribute financially in maintaining the
roads and bridges. The streets in this
area are private, not public roads, and Mr. All said the only maintenance that
is provided is from Wagon Wheel Ranch.
Commissioner
Doll motioned to authorize staff to schedule a public hearing in connection
with this matter subject to verification of the signatures by County Clerk Ron
Roberts. Commissioner Carpenter
seconded the motion. Motion carried
5-0.
ITEM
#5 – RECEIVE A PETITION FOR PAVING NW 34TH ST. IN WEST RIVER 2ND
ADDITION AND CONSIDER APPROVING A NOTICE OF PUBLIC HEARING REGARDING THE
PROPOSED PROJECT
Darryl Lutz, P.E., Director of Public Works, came before the Board to
receive a petition for paving NW 34th St. in West River 2nd
Addition and consider approving a notice of public hearing regarding the
proposed project. This Addition is a
near fully developed residential subdivision located on the north side of the
turnpike and on the West side of US-77 Highway north of El Dorado. A homeowner has circulated a petition to the
County to create a paving improvement benefit district. The petition has been signed by 8 of 11
property owners representing 9 of the 12 lots included in the benefit district
boundary.
Commissioner
Carpenter motioned to accept the petition to pave NW 34th St. in
West River 2nd Addition and to approve the notice of public hearing
regarding the same. Commissioner
Wheeler seconded the motion. Motion
carried 5-0.
Commissioner
Waldorf motioned to approve Resolution No. 06-22, a resolution of Butler
County, Kansas directing and providing for the holding of a public hearing on
paving improvements in the West River Second Addition of Butler County calling
for a public hearing to hear from the planning commissioner of the City of El
Dorado to see if they have any plans for future development. Commissioner Carpenter seconded the
motion. Motion carried 5-0.
ITEM
#4 – CONSIDER APPROVING AN AGREEMENT FOR SCRAP METAL RECYCLING WITH RECYCLING
CONNECTION
Darryl Lutz, P.E., Director of Public Works, came before the Board for
approval of an agreement for scrap metal recycling with Recycling
Connection. In September 2005 the Board
approved a proposal with Ramco Services to pay Butler County $21 per ton for
scrap metal at the landfill. The vendor
recently requested to terminate the agreement.
Recycling Connection would take over the scrap metal recycling program
under the current terms with Ramco.
Commissioner
Carpenter motioned to approve the agreement for scrap metal recycling at the
landfill with Tim Sicka, owner of Recycling Connection, Piqua, KS and authorize
the chair to sign. Commissioner
Waldorf seconded the motion. Motion
carried 5-0.
Gary Gibson came before the Board and said he presented questions or
requests about Rock Creek Township business under the Open Records Act to the
Trustee of Rock Creek Township. He said
the Trustee, Diana Hughbanks, has not responded, and his questions have not
been answered.
Commissioner Woydziak said that Mr. Gibson’s recourse would be to contact
the county attorney or obtain private counsel since he did not get a response
within three days.
Mr. John Patrick Doyle came before the Board and asked about the township
annual reports and how they are reviewed and approved. The commissioners approve the front sheet,
which is cash on hand, total receipts, total expenditures, and cash
balance. The Board does not have
authority to approve the day-to-day expenditures. County Counsel Norm Manley will be providing a statement of
action to acknowledge receipt of the reports but not judge the accuracy of the
numbers.
RECESS
Commissioner Woydziak recessed the Board meeting at 10:10 a.m. for 10
minutes.
RECONVENE
Commissioner
Woydziak reconvened the Board meeting at 10:20 a.m.
ITEM
#2 – WORK SESSION – DISCUSSION ON BURN BAN (10:00 A.M.)
David Kehler, Extension Office, came before the Board to
answer questions from the Board regarding burn bans and how they affect farmers
and ranchers burning their property.
Mr. Kehler said the time frame for ranchers to burn is mid-April to the
first of May for weed and brush control.
Mr. Kehler said he thought a burn ban should be driven for public safety
and input should be from the local fire districts.
The Board will be discussing the burn ban on a weekly basis after obtaining information from the fire chiefs.
Sheriff Murphy stated that most of the problem with fires is going to be someone throwing a cigarette out the window, campfires getting out of control, or burning trash.
ITEM #3 – CONSIDER APPROVAL OF THE BUTLER COUNTY SHERIFF’S DEPARTMENT TO APPLY
FOR THE 2006 BULLETPROOF VEST GRANT
Sgt. Kelly Alexander, Butler County Sheriff’s Office, came before the
Board for approval to apply for the 2006 Bulletproof Vest Grant. This grant is awarded through the Department
of Justice in an effort to enable law enforcement agencies to afford to
purchase bulletproof vests for their officers.
This grant reimburses law enforcement agencies for 50% of the total
costs of the bulletproof vests.
Commissioner Carpenter motioned
to allow the Butler County Sheriff’s Office to apply for the Bulletproof Vest
Grant through the Department of Justice.
This grant is applied for and maintained 100% over the Internet and does
not require a signature by the County Commission Chairman. Commissioner Wheeler seconded the
motion. Motion carried 5-0.
APPROVAL
OF ADDS AND ABATES
Commissioner Doll motioned to
approve Adds & Abates #2255 dated April 11, 2006. Adds in the amount of $0.00 and Abates in the amount of
$11,546.25. Commissioner Carpenter
seconded the motion. Motion carried
5-0.
OTHER
ITEMS OF BUSINESS
Administrator Johnson met with the judges last week regarding custodial services. The judges and Sheriff Murphy have concerns with contracted cleaning people being in secured areas. They want to retain the custodians, who are county employees, to clean the Judicial Building and the Sheriff’s Department and contract out the rest of the facilities. Some of the floor care maintenance would have to be done during the evening. Sheriff Murphy stated that security personnel would be present when floor care maintenance was being done in the evening. The Board asked for an analysis of the projected costs.
RECESS TO PBC MEETING
Commissioner Woydziak recessed the Board meeting to the PBC meeting at 11:03 a.m.
RECONVENE
Commissioner Woydziak reconvened the Board meeting at 11:07 a.m.
EXECUTIVE SESSION
Commissioner Wheeler motioned
to recess the Board to Executive Session at 11:10 a.m. for 30 minutes, with the
public session resuming at 11:40 a.m., to discuss personnel matters of
non-elected personnel to interview an applicant. Commissioner Waldorf seconded the motion. Motion carried 5-0. Those in attendance were Commissioners Doll,
Waldorf, Wheeler, Woydziak, Administrator Johnson, and the applicant.
Commissioner Carpenter left the Board meeting at 11:11 a.m.
RECONVENE
Commissioner Woydziak reconvened the Board meeting at 12:08 p.m.
No action was taken as a result
of Executive Session.
Commissioner Wheeler motioned to adjourn the meeting
at 12:12 p.m. Commissioner Doll
seconded the motion. Motion carried
4-0.