BUTLER
COUNTY BOARD OF COMMISSIONERS
Monday,
November 5, 2001
Commission
Chairman, Bill Shriver, called the Butler County Board of Commissioners to
order. Present were Commissioner Randy Doll; County Administrator, Jay Newton;
and Commission Secretary, Marcy Zwall.
Commissioner Will Carpenter was absent from this meeting due to
attending a R.E.A.P. meeting.
Commissioner
Doll moved to approve the Butler County Commission Meeting minutes of Monday,
October 29, 2001, Tuesday, October 30, as amended. Commissioner Shriver seconded the motion. Motion carried 2-0.
Commissioner
Doll moved to approve vouchers totaling $550,606.64, dated November 5,
2001. Commissioner Shriver seconded the
motion. Motion carried 2-0.
Administrator
Newton presented financial reports for budget year 2001, as of the end of
October. He advised that the 2001
budget year is approximately 83% complete; however the County is approximately
3% under for the General Fund budget.
He added that while some departments are currently over budget to date,
they are attempting to limit expenses in order to meet budget by the end of the
year. Mr. Newton felt comfortable with the status of the 2001 budget overall.
The
Commissioners opened the topic of the status of Prairie Rose Chuckwagon’s CUP,
for discussion. Dave Crockett, attorney
for Thomas Etheredge & Prairie Rose Chuckwagon Supper (PRC) approached the
Board with PRC’s status. He reminded
the Commissioners that Kansas Tourism Grant has been applied for &, if
awarded, will be received around the end of February 2002. He also stated that PRC had hired Goedecke
Engineering to inspect Parallel Road from SW Butler to the facility, adding
that a copy of Mr. Goedecke’s report had been given to County’s Counselor,
Norman Manley, for review. Martin
Goedecke was asked to review his report.
Mr. Lutz acknowledged that MR. Goedecke’s report paralleled his
own. The only difference noted was that
Mr. Goedecke recommended an “interim option” of applying a calcium chloride
dust control agent to the existing road until a more permanent remedy could be
decided upon. Mr. Etheredge indicated that
the he was more in favor of the chip seal option for a permanent remedy;
however he noted that he could not make a definite decision until he knew for
sure PRC would receive the state grant.
Larry
Powell, BCED Director, reviewed the specifics of said grant. Mr. Lutz confirmed that he did have
experience with the dust control agent, but stressed it was only a temporary
solution. Mr. Crockett acknowledged
this, adding Mr. Etheredge was trying to find a compromise until he found out
about the grant. Clark Allemang, County
Appraiser, was asked to reiterate how PRC’s buildings are zoned &
appraised. Mr. Allemang explained that
the value of the buildings is based on their use not the zoning. The value of the property is based on it’s
zoning. He added that if the buildings
are used as commercial, they are taxed as such. Todd Kennemer, Director of
Planning & Zoning, verified that the property is zoned appropriately as
Agriculture. Mr. Lutz commented that
the only issue is the road, including the traffic count and PRC’s impact on
that.
Dr.
Bruce Labes, neighboring landowner, was invited to comment. He reviewed the protest petitions presented
in the past. He also commented that
property was being used for commercial purposes in an agricultural area. Dr. Labes later voiced his concern about the
CUP stating this as Agriculture-Education, when he felt it is
Entertainment. He presented either
limiting PRC’s operation to 3 nights per week, year round; change the zoning to
Commercial. Dr. Labes added that he was
uncomfortable rezoning the property, but deemed either of these options as a
fair compromise. Mr. Etheredge argued
that one of Dr. Labes’ petitioners was the landowner PRC was attempting to
purchase the adjacent land from, one has approached him about being removed
from the petition, and another is now deceased. He also disagreed with Dr. Labes’ accusation of no educational
benefits siting tours by 12 or more elementary schools this year, strictly for
history lessons. Mr. Etheredge added
that 10 were return schools from last year.
Mr. Crockett voiced that his client did not wish to be operating outside
of the CUP, and suggested approving the CUP presented in July, subject to an
accurate traffic count & appropriate solution for the road. The Commissioners requested that Mr. Lutz
coordinate with the Township to apply the dust control agent, as a temporary
remedy, and send the bill to PRC.
Further, Mr. Lutz was asked to get an accurate traffic count, especially
during the Holiday season. The Board
asked all parties to return when a decision was made regarding the state grant,
or by the first meeting in March to review data & discuss a permanent
solution for the road.
Darryl
Lutz, County Engineer, & Phil Hughey, Assistant County Engineer, reviewed
the construction problems of the sewer lagoon at the Augusta County Shop
facility. They informed the Board that
the lagoon is a 2-cell system with a double liner & leak detector. Holes in both cells have been detected; one
is leaking much heavier than the other is.
However, after draining the ponds and searching for tears, none have
been found. The lagoon has been
repaired at least twice, to no avail.
Mr. Lutz indicated that the architect & his construction person
within the firm, along with John Bailey, who did the design work on the lagoon
system, will be meeting with Mr. Lutz on Wednesday afternoon to discuss
alternatives for a course of action to resolve the problem.
Mr.
Lutz is also researching state requirements for commercial lagoons. Mr. Lutz estimated the cost to repair the
lagoon at $30,000.
· BNSF Response to 10/25 letter: Mr. Newton told the Board that he had received a message from BNSF responding to his questions in a letter dated 10/25. (1) BNSF informed him that the documents are being changed to indicate Butler County as the grantee. (2) BNSF faxed a list of leases referenced on Exhibit C of the agreement, adding that while they cannot send detailed information regarding these leases, the Commissioners are welcome to come to their offices to review the files. (3) BNSF quoted the Closing costs at $2,000. (4) BNSF confirmed that Arthur Anderson’s Appraisal fee would be $15,000, not $18,000. (5) BNSF agreed to omit the “Confidentiality Clause” from the agreement. Mr. Newton added that the closing is scheduled for November 27, 2001. Also, Mr. Manley is still reviewing the agreement, and has not responded to the Board’s request to verify his opinion on liability should title be taken in the County’s name. Regarding the liability issue, Larry Powell, Butler County Economic Development Director commented that while he has one quote for a $1,000,000 special liability policy, he is seeking a bid from one other vendor. The Board reviewed with Mr. Powell other potential costs & steps that need to be taken prior to operation of the rail line. Moreover, they asked that he meet with Darryl Lutz, County Engineer, to verify what is available & what is needed. Mr. Newton also commented that Mr. Batey stated that BNSF is proceeding with the abandonment process of the .6-mile line east of Augusta. Mr. Doll inquired about the status of the rail line east of that section. Mr. Powell noted that portion is under the control of ANK, but the County has been asked if there was any interest in purchasing it. Since then, ATA has filed to release their certification on approximately 11.5 miles of tract, from Leon west to Augusta, and allow KER Railroad to fully abandon. If that has occurred, then Mr. Powell stated that he was not sure that the County could gain any control on that strip of land. Mr. Powell indicated that he is in the process of attempting to take possession by filing certifications with the Service Transportation Board. He noted that while these have been filed, no response has been received.
·
Christmas Luncheon: Mr. Newton informed the Board that the 4-H Building has been
tentatively reserved for an Employee Christmas Luncheon on 12/21. Further he asked permission to begin
organizing the menu for that event.
Commissioner Doll moved to allow the Administrator
to form a committee to compile a menu for the County Christmas Luncheon on
December 21, 2001, as well as form a program for $10 generic Gift Certificates
to be used at stores throughout Butler County.
Commissioner Shriver seconded the motion. Motion carried 2-0.
·
Holidays/No BOCC Meetings: Mr. Newton
informed the Board that 11/12, there would be no Commission Meeting due to
Monday being Veteran’s Day Holiday.
In addition, he explained that December 24th,
25th & January 1st are County holidays; therefore, no
Commission meetings will be held on those days. However, Mr. Newton stressed that there must be a meeting on the
last day of December to work on end-of-the-year issues. Further, he added that he would bring a 2002
Holiday schedule next week for the Board’s approval.
·
Augusta Public Safety Building: Mr.
Newton informed the Board that there are some construction problems with the
drainage of the new facility. He added
that the repairs are estimated at $4,000, and need to be done before
landscaping can be completed.
Commissioner Shriver moved to approve the
expenditure of $4,000 for downspout run-off at the Augusta Public Safety
facility, to be paid out of the Capital Improvement Fund.
Commissioner Doll seconded the motion. Motion carried 2-0.
Commissioner Shriver moved, having no further business before the board, to adjourn the meeting. Commissioner Doll seconded the motion. Motion carried 2-0.