BUTLER COUNTY BOARD OF COMMISSIONERS
Tuesday, June 26, 2001
Commission Chairman, Bill Shriver, called the Butler County
Board of Commissioners to order.
Present were Commissioners Randy Doll and Will Carpenter, County
Administrator, Jay Newton and Commission Secretary, Marcy Zwall.
Darryl C. Lutz, County Engineer, presented a Professional Services Agreement, between the County & MKEC Consultants, to conduct the engineering study for the rehabilitation of the Walnut River Bridge, located on SW 100th St. (Old Hwy 54) east of Augusta.
Commissioner Carpenter moved to approve the Professional Services Agreement with MKEC Consultants, and authorize the Commission to sign.
Commissioner Doll seconded the motion. Motion carried 3-0.
Darryl Lutz, County Engineer presented a staff report of the Solid Waste Management Planning Committee (SWPC), from the meeting held June 20, 2001. Mr. Lutz informed the Board that the SWPC is having difficulty obtaining a quorum to make decisions. The Commissioners voiced their concern about the consistent lack of attendance. In addition, the Board suggested either moving the meetings to be held over breakfast or lunch, or allowing the Commissioners to contact SWPC members from the districts to prompt attendance. Mr. Lutz also reviewed the June 20, 2001, SWPC Meeting Agenda with the Board.
Commissioner Doll moved to modify the Butler County Solid Waste Management Committee by-laws to change the name to “Solid Waste Management Planning Committee”; to change the quorum to 40% instead of 50%; and Article 11 would read “Amendments to the by-laws could be made by the Board of County Commissioners without recommendation by the Solid Waste Management Planning Committee,” and allow the Chairman to sign
Commissioner Carpenter seconded the motion. Motion carried 3-0.
ROAD RIGHT-OF-WAY
DEDICATION (TIM SCHWAB)
The tract of land to be dedicated abuts the SE quadrant of the intersection of K-96 Hwy & NW Butler Rd., and is the result of an approved zoning change on the property from Agriculture to Commercial, for tractor/trailer parking & service shop.
Commissioner Carpenter moved to approve the right-of-way dedication from Tim Schwab, and allow the Chair to sign the right-of-way document.
Commissioner Doll seconded the motion. Motion carried 3-0.
RESOLUTION
01-21 (RZ-01-11)
Todd
Kennemer, Planning & Development Department, presented & reviewed
information regarding a request to rezone 27.5 Acres from AG-Agriculture to
RR-Rural Residential, and then plat the land into two 5-Acre lots & one
17.5 acre lot (2/3 of which is in the floodplain). Since the acreage lies inside the
growth ring surrounding Rose Hill, this case will be presented to the Rose Hill
Planning Commission for platting. The
City
has
sent written notification that they have no objection. The Planning Commission recommends approval
of this rezoning (Vote 4-0).
Commissioner Doll remarked that he was concerned about continuous “chopping
up” of the land, more township roads to maintain, and possible contamination of
Eight-Mile Creek. Commissioner
Carpenter explained one main difference being this property is within the
“growth ring”. The Board continued to
debate the matters of the general over-developing of agriculture land, in &
out of “growth rings”. The Commission,
as well as Mr. Kennemer, affirmed the immediate need for an updated
Comprehensive Plan, which would include a more “concrete” procedure as well as
stricter guidelines for development.
Further, the Board asked that Mr. Kennemer move the development of a new
Comprehensive Plan to the top of his priority list, possibly obtaining the aid
of a consultant. Mr. Newton requested
to meet with Mr. Kennemer to develop a timeline of priorities to be approved by
the Commission. Commissioner Doll recommended a
moratorium on lot splits; Commissioner Carpenter added to limit it to
“outside a certain range”. Mr. Newton
suggested limiting lot-splits to within the city limits, which would open this
issue for discussion between the cities & the Planning Commission. Mr. Kennemer confirmed Commissioner
Carpenter’s inquiry that the Planning Commission is following state guidelines
(referring to the statutory growth-ring scope); however, adding that these
guidelines are not realistic.
Commissioner Shriver expressed that a new policy needs to allow for
maintaining agriculture land in Butler County, and the Cities need to be “in
tune” with this overall plan. The
Commission acknowledged that the rezoning request presently before the Board
should be approved, since the owner had followed current procedure.
Commissioner Doll moved to allow rezoning from
AG-Agriculture to RR-Rural Residential a 27.5+/- acres of land, located at SW
180th, (Case #RZ-01-11) Resolution 01-21.
Commissioner Carpenter seconded the motion. Motion carried 3-0.
Further, Commissioner Doll moved to put a moratorium on rezoning cases & lot splits outside the city limits, as of June 26, 2001, until the future update of the Comprehensive Plan to deal with the problems of carving up Butler County’s agriculture land. The purpose of this moratorium is to allow time to devise better comprehensive guidelines.
Commissioner Carpenter seconded the motion. Motion carried 3-0.
Ann Carpenter, JJA Director, presented and reviewed the proposed 2002 budget from Juvenile Justice Advisory Board. Mrs. Carpenter informed the Board that the following Administration fees assessed from Grants received would offset some of the County’s expense:
- Teen Court Grant: $ 5,680
- Electronic Monitoring Grant: $ 5,159
- Juvenile Accountability Incentive Block (JAB) Grant: $ 2,546
- JAB – Drug Court Grant (not approved yet): $15,000
Commissioner Doll requested to have a “Revenue” side, if applicable, on budget proposals received.
Commissioner Doll moved to receive the Juvenile Justice Administration 2002 Proposed Budget, and take it under advisement.
Commissioner Shriver seconded the motion. Motion carried 2-0.
For the record, Commissioner Carpenter abstained from making or seconding the motion, as well as voting on said motion.
This item was tabled until next week.
Commissioner Shriver informed the Board that Marvin Sisk has resigned from his position on the Butler County Economic Development Committee, leaving a balance on his term of office of approximately 2.5 years.
Commissioner Shriver moved to appoint the mayor of Douglass, A. Phil Anderson (613 Riverview, Douglass, KS 67039), to fill the position left vacant by Marvin Sisk, on the Butler County Economic Development Committee.
Commissioner Carpenter seconded the motion. Motion carried 3-0.
Commissioner Shriver informed the Board that the Department of Justice had sent written notice verifying that Butler County is granted $1.2 million to assist in construction of the jail, subject to being able to house prisoners for up to 15 years at a negotiated daily fee for each prisoner (approximately $52-55 per day initially).
The Commission needed clarification, prior to approval. Commissioner Shriver moved to defer the Abates, with control #2060, back to the County Appraiser for further information.
Commissioner Carpenter seconded the motion. Motion carried 3-0.
Commissioner Shriver moved, having no further business before the board, to adjourn. Commissioner Carpenter seconded the motion. Motion carried 3-0.