Tuesday, February 28, 2006
Commission Chairman Dan Woydziak called the Butler County Board of Commissioners to order at 9:06 a.m. Present were Commissioner Randy Doll, Commissioner Randy Waldorf, Commissioner Mike Wheeler, Administrator Will Johnson, Jr., and Clerk Recorder Tammy Bridges. Commissioner Will Carpenter was absent because he was attending Work Force Alliance meetings in Washington, D.C.
ITEM #1 – RECEIVE REPRESENTATIVES FROM SOUTHWEST QUARRY TO DISCUSS ROAD
IMPROVEMENT OPTIONS
Ronnie Bannon, Southwest Quarry, came before the Board to discuss road
improvement options. There are
approximately 100 trucks traveling the road daily, which creates a dust
problem. Mr. Bannon said they use a
water truck and sand to try to control the dust and suggested treating the road
chemically. The Board discussed
contacting Mr. Scholfield to see if he is willing to work with the owners of
the quarry in giving up right-of-way in order to widen the road. Commissioners Wheeler and Waldorf want to
pursue all options on 167th Street and work with Darryl Lutz, County
Engineer, and Goedecke Engineering to investigate the road being widened to 55
feet.
RECESS
Commissioner Woydziak recessed the Board meeting at 10:00 a.m. for 5 minutes.
Commissioner Woydziak reconvened the Board meeting at 10:05 a.m.
ITEM
#8 – REVIEW AND ACCEPT THE 2006 COMPLIANCE PLAN FOR THE JUVENILE JUSTICE
SERVICES FOR JUDICIAL DISTRICT 13
Ann Carpenter, Juvenile Justice Services, came before the Board to
present the 2006 Compliance Plan.
Between July 1, 2004 and June 30, 2005, Judicial District 13 recorded
five violations; 4 status offenders held securely in adult lockup and 1
juvenile offender held over 6 hours in adult jail. Each year a district achieves non-compliance, they are required
to write a plan and submit it as a matter of record to the State. The Board received the plan and no action
was taken.
ITEM
# 2 – CONSIDER A REQUEST FOR THE EMERGENCY SHELTER GRANT FOR 2006/07 BY THE
MID-KANSAS COMMUNITY ACTION PROGRAM, INC. (MIDCAP)
Marion Nichols, Community Services Director MIDCAP, came before the Board
for approval of a 2006 Emergency Shelter Grant proposal. One proposal includes match funds from
Butler County and the other proposal does not.
The proposal with match funds would require a match from Butler County
in the amount of $5,000.00, which would go toward prevention of homelessness by
helping with rent.
Commissioner
Wheeler motioned to approve the application for the 2006 Emergency Shelter
Grant with matching funds in the amount of $5,000 from the Butler County
Commission. Commissioner Waldorf
seconded the motion. Motion carried
3-0. Commissioner Doll abstained
because MIDKAP recently established an endowment with his employer.
ITEM
# 3 – CONSIDER A CONTRACT BETWEEN THE KANSAS DEPARTMENT OF HEALTH &
ENVIRONMENT (KDHE) AND THE BUTLER COUNTY HEALTH DEPARTMENT FOR SFY 2007
GRANTS
Carol Borger, Health Department Administrator, came before the Board for
approval of the grant application from the Butler County Health Department to
the Kansas Department of Health and Environment for SFY 2007. Each year the Kansas Department of Health
and Environment offers grants to local health departments for State Formula,
Child Care Licensing and Registration, Chronic Disease Risk Reduction, Maternal
and Child, Family Planning and HIV/AIDS.
The Butler County Health Department has provided services with these
grants for over 20 years. This
application is for $206,507.00. The
application has been reviewed by county counsel and approved for signature.
Commissioner
Wheeler motioned to approve the grant application for SFY 2007 by the Butler
County Health Department to KDHE and allow the Chair to sign. Commissioner Waldorf seconded the motion. Motion carried 4-0.
ITEM
#4 – CONSIDER A REQUEST FROM LEWIS SIMMONS CO. FOR A REZONE FROM AG-40 TO RURAL
RESIDENTIAL (CASE NO. RZ-06-01) {RESOLUTION NO. 06-13}
Rod Compton, Director of Planning and Zoning, came before the Board for a
request from Lewis Simmons Co. to rezone property from Ag-40 to Rural
Residential. The Lewis Simmons Co. has
purchased approximately 160 acres located at the northeast corner of the
intersection of Bluestem Rd. and SE 40th Street. Mr. Simmons is proposing to rezone the
southwest 40 acres of this property to an RR Rural Residential, with plans to
subdivide it into 3 lots. A protest
petition has been filed. State Statutes
stipulate that if 20% or more of the land area within 1,000 feet of the
applicant’s property is owned by persons who have signed the petition or
submitted letters of protest, the rezoning can only be approved by a ¾ majority
vote of the Board. In this case, 40.9%
of landowners within 1,000 feet have signed a petition in opposition. Staff recommended denial of the rezoning to
the Planning Commission; however the Planning Commission recommended approval
by a 5/1 favorable vote.
Commissioner
Wheeler motioned to approve the request by the Lewis Simmons Co. to rezone
approximately 40 acres in the Southwest Quarter of the Southwest Quarter of
Section 21, Township 26 South, Range 6 East from an Ag-40 classification to an
RR Rural Residential classification and hereby authorize the Chair to sign
Resolution 06-13 granting such change.
Commissioner Waldorf seconded the motion. Motion was denied with a 2-2 vote since a ¾ majority vote was not
met. Commissioner Doll and
Commissioner Woydziak voted no.
Commissioner
Woydziak motioned to remand the decision back to the Planning Commission for
reconsideration. Commissioner Waldorf
seconded the motion. The motion was
rescinded
and
no vote was taken.
The Board stated that if Mr. Simmons wishes to reapply, he may do so
without paying a fee.
Administrator Johnson said that he and Rod Compton would put together a
Request for Proposals for professional services to develop an updated
comprehensive plan.
ITEM
# 5 – CONSIDER A REQUEST FROM LEWIS SIMMONS CO. FOR FINAL PLAT APPROVAL FOR
BLUESTEM ROAD ESTATES (CASE NO. PL-06-02)
Rod Compton, Director of Planning and Zoning, came before the Board with
a request from Lewis Simmons for approval of the final plat for Bluestem Road
Estates.
No
action was taken because the zoning on Agenda Item #4 was not approved.
ITEM
#6 – CONSIDER A REQUEST FROM BUTLER COUNTY RURAL WATER DISTRICT #6 FOR A
CONDITIONAL USE PERMIT FOR A BOOSTER PUMP STATION (CASE NO. CU-06-01)
{RESOLUTION NO. 06-14}
Rod Compton, Director of Planning and Zoning, came before the Board for
approval of a request for a Conditional Use Permit (CUP) by Butler County Rural
Water District #6 to install a booster pump station in the AG-40 zoning
district. The property is located 479
feet west of SW Hopkins Switch Rd. on the north side of SW 150th
Street. The Planning Commission voted
to recommend approval of the CUP by a 6-0 vote.
Commissioner
Waldorf motioned to approve the request by Butler County Rural Water District
#6 for a Conditional Use Permit to establish a booster pump station on the
above noted property and authorize the Chairman to sign Resolution No. 06-14. Commissioner Wheeler seconded the
motion. Motion carried 4-0.
ITEM
#7 – CONSIDER A REQUEST FROM RONALD BANNON FOR FINAL PLAT APPROVAL FOR R&H
MEADOWS SUBDIVISION (CASE NO. PL-06-03)
Rod Compton, Director of Planning and Zoning, came before the Board for acceptance
of Dedications for Final Plat of R & H Meadows Subdivision. Mr. Bannon is proposing to subdivide a 30
acre parcel of land located approximately ¼ mile west of U.S. Highway 77 on the
south side of SW 163rd Street on the east edge of the community of
Gordon.
Commissioner
Woydziak motioned to accept the dedications shown on R & H Meadows final
plat and authorize the Chair to sign the plat with the provision that the plat
be recorded in the office of the Butler County Register of Deeds by the zoning
administrator, and that no building permits be issued for any lot until a
proven acceptable water source is made available. Commissioner Wheeler seconded the motion. Motion carried 4-0.
ITEM
#9 – RECEIVE AND OPEN BIDS FOR THE 2006 PC AND MONITOR REPLACEMENT PROCESS
Scott Stoskopf, Computer Services Director, came before the Board to
receive and open bids for the 2006 PC and Monitor replacement process. Bids were received from:
CDWG Katlan Gateway
Dell Elite
23 Base PCs $20,332.00 $14,757.00 $17,779.00 $14,567.28 $16,330.00
3 Drafting PCs $ 3,156.00 $ 2,597.00 $ 3,084.00 $ 2,299.83 $ 2,556.00
24 27” Monitor $ 5,640.00 $ 5,965.20 $ 6,408.00 $ 6,696.00 No Bid
5 19” Monitor $
1,400.00 $ 1,700.00 $ 1,560.00 $ 1,645.00 No Bid
Commissioner
Wheeler motioned to receive the bids and have Computer Services tabulate them
and return with a recommendation.
Commissioner Waldorf seconded the motion. Motion carried 4-0.
ITEM
#10 – CONSIDER APPROVAL OF RESOLUTION NO. 06-15 ESTABLISHING PROCEDURES FOR
DISPOSITION OF SURPLUS COUNTY PROPERTY
Will Johnson, Administrator, came before the Board for approval of a resolution establishing a policy and procedure for disposition of surplus property. The policy provides a means for disposal of surplus, personal, and real property as well as a process for donating the property to non-profit organizations within the county. Administrative controls and commission approval on all real and personal property in excess of $25,000 is included in the policy. After adoption of the policy, a public provider of Internet public auctions will need to be acquired to allow for the online sale of the property.
Commissioner Waldorf motioned
to approve Resolution 06-15 establishing a policy and procedure for disposition
of surplus property. Commissioner Doll
seconded the motion. Motion carried
4-0.
APPROVAL
OF ADDS AND ABATES
Commissioner Doll motioned to
approve Adds & Abates #2250 dated February 28, 2006. Adds in the amount of $4,244.36 and Abates
in the amount of $8,944.76.
Commissioner Waldorf seconded the motion. Motion carried 4-0.
OTHER
ITEMS OF BUSINESS
Commissioner Woydziak reminded the Board that Commissioner Woydziak, Commissioner Wheeler, and Administrator Johnson will be attending the NaCo Legislative Conference next week in Washington, D.C.
Administrator Johnson confirmed that the scrap metal being taken to Rosalia did not come from the landfill.
Commissioner Waldorf motioned to adjourn the meeting
at 11:45 a.m. Commissioner Wheeler
seconded the motion. Motion carried
4-0.