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BUTLER
COUNTY BOARD OF COMMISSIONERS
Tuesday, May 28, 2002
Commission Chairman Randy Doll called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Bill Shriver; Commissioner Will Carpenter; County Administrator, Will Johnson Jr., and County Clerk Deputy,
Barbara Day.
Commissioner Shriver made a motion to approve amended minutes for May 20th, and May 21st, 2002.Commissioner Carpenter seconded the motion. Motion carried 3-0.
Commissioner Shriver approved the vouchers in the amount of $526,115.71 for May 28, 2002. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Ronald Roberts, Butler County Clerk came before the Commission to present an amended budget for Fire District #10 for Public Hearing.
Commissioner Doll opened the public hearing at 9:01 a.m. and with no further discussion closed the hearing at 9:09 a.m.
Mr. Roberts advised the Commission that Fire District #10 is requesting to amend their budget by $20,000. This amount will not increase the mill levy. The Fire District board has approved the amendment to the budget to increase their Capital Outlay Equipment line by $20,000 to purchase trucks.
Commissioner Shriver made a motion to approve the amended budget for Fire District #10 for an increase of $20,000. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Annette Graham, Director of Central Plains Area Agency on Aging, and Ray Vail, Director of Financial and Support Services for CPAAA, came before the Commission
for approval of FY02 Area Plan Revision.
The recommendation is for approval to the FY02 Area Plan Revision and to authorize the Chairperson of the Sedgwick County Board of County Commission to sign. Kansas Department on Aging requires that each Area Agency on Aging provide to them an Area Plan Revision if the plan is to be amended. The revisions require that the Commissioners of each county within the AAA give sanction to the revision.
Commissioner Carpenter made a motion to approve the FY02 Area Plan Revision for CPAAA and authorize the chairperson from Sedgwick County to sign.
Commissioner Shriver seconded the motion. Motion carried 3-0.
Connie Rausch, Department on Aging Director came before the Commission for consideration to the CTD 12 Reorganization Proposal.
Ms. Rausch advised that the CTD 12 has been governed by appointed Commissioners from all three counties since 1994. The four-member board has three Commissioners and a Chairperson of the Paratransit Council. The CTD meets quarterly and has had problems in the past having a quorum, however that problem has been resolved since 2000.
The reason for the reorganization proposal is to provide a more equal representation for the 5310 providers. The CTD presently has 34 Sedgwick County agencies in the Paratransit Council; Harvey County has three providers; Butler County has one.
Ms. Rausch advised that the CTD 12 Reorganization Proposal would be on the agenda for the Quad County Meeting. Commissioners advised they would like further discussion before making a decision on this proposal, as it is not clear if this would improve Butler
County’s position.
Commissioner Carpenter made a motion to table the CTD 12 Reorganization Proposal.
Commissioner Shriver seconded the motion. Motion carried 3-0.
CONDITIONAL
USE PERMIT CU-02-02/AUTO BODY SHOP
Todd Kennemer, Director of Planning & Development came before the Commission recommending approval of CU 02-02/Resolution No. 02-20.
Mr. Kennemer advised the Commission of a 7-0 vote by the Planning Commission in favor of the approval of Conditional Use Permit 02-02. This Permit is for the operation of an existing Auto Body Shop. The CUP Permit is requested for compliance of state and local regulations and needed to continue operating. The Planning Commission has placed a maximum of 25 vehicles as a condition of the approval.
Commissioner Carpenter made a motion to approve CUP permit 02-02/Resolution No. 02-20 for operation of an existing Auto Body Shop. Commissioner Shriver seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning & Development Department came before the Commission recommending approval of CUP 02-02/Resolution No. 02-21.
Mr. Kennemer advised the Commission of a 7-0 Vote by the Planning Commission
in favor of the approval of CUP 02-02. This Permit is for the operation of a kennel.
Section 7-301.12 of the Butler County Zoning Codes allows the use of kennels with
a CUP in an Agriculture district with the following provisions:
1. Minimum lot size of 10 acres
2. No kennel building or runs shall be located closer than 200’ from any property line.
3. All runs or open areas shall be screened at the kennels or at the property
line.
4. Adequate measures to prevent odor, dust, noise, or drainage from
becoming objectionable to uses on other properties. No incineration of
animal refuse shall be permitted.
5. All state licensing and operations requirements are met. The State of
Kansas’s issues kennel licenses only after the applicant has received approval
from the county to operate a kennel.
Mr. Kennemer advised the nearest neighboring residences are located 700’ to 800’ from the kennel location. This proposed kennel satisfies all the requirements for a CUP Permit.
The Planning Commission recommends limiting the maximum number of animals to 25.
Commissioner Carpenter made a motion to approve CUP 02-03/Resolution No. 02-21 for the operation of a kennel. Commissioner Shriver seconded the motion.
Motion carried 3-0.
Mr. Kennemer advised the Commission that the Planning Commission recommend approval of this SUP for the Prairie Rose to allow 100 RV’s from September 25th to September 28th, 2002. The vote was 4-3 in favor of approval; those voting against are concerned that timing of this event will conflict with road construction schedule.
Darryl C Lutz, P.E. Director of Public Works advised the Commission that the road construction on the road for the entrance to Prairie Rose would not start construction until
approximately October 2002.
Commissioner Carpenter made a motion to approve SUP 02-01/Resolution 02-23 for the Prairie Rose for a 3-day event from September 25th to September 28th, 2002 and authorize the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 3-0.
Darryl C Lutz, P.E., Director of Public Works came before the Commission for approval of Culvert Letting #57.
Mr. Lutz recommends the approval of contracts for construction of 9 Reinforced Concrete Box Culverts under Culvert Letting No. 57 with Claycamp Construction Inc., Soldier, Ks. For a total contract amount of $163,933.40 and authorize the Chair to sign.
Commissioner Carpenter made a motion to approve Culvert Letting #57 with Claycamp Construction Inc., in the amount of $163,933.40 and authorize the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 3-0.
Darryl C Lutz, P.E., Director of Public Works came before the Commission for approval
of a contract with Earth Solutions, Inc., Indianapolis, Indiana for the construction of the landfill gas management system under Project No. LF-GS01-02 for a contract amount of $279,700 and authorize the Chair to sign.
Commissioner Carpenter made a motion to table this item with Earth Solutions, Inc., for the construction of the landfill gas management system Project No. LF-GS01-02. Commissioner Shriver seconded the motion. Motion carried 3-0.
Bill Keefer, Augusta City Manager came before the Commission for approval of a utility easement agreement in the Railroad right of way.
Darryl C Lutz, P.E. Director of Public Works, informed the Commission that he had looked at the following items dealing with this utility easement.
1) Alignment: that the water lines are as close to the south lines as possible.
2) Manhole & Valving Covers: were adequately provided.
3) Crossings: water lines do not interfere with the rail lines.
Mr. Johnson also stated that County Counsel Norm Manley had reviewed the
agreement and that it was acceptable for the County. Mr. Lutz stated that if the railroad ever came into operation in Augusta, the City of Augusta would be required to re-negotiate the agreement.
Mr. Johnson stated that if the water lines needed to be relocated for any reason that the City of Augusta would pay for that cost.
Commissioner Shriver made a motion to approve the Utility Easement/Water Line agreement with the City of Augusta. Commissioner Carpenter seconded the motion.
Motion carried 3-0.
Commissioner Doll called a 5minute recess at 10:03 a.m.
RECONVENE
Darryl C Lutz, P.E., Director of Public Works came before the Commission to hold a Public Hearing at 10:00 a.m. on Tuesday May 28, 2002. This hearing is related to the final project costs and proposed assessments for Andover/USD 385 for the completion of the benefit district infrastructure improvement projects.
Before the Public Hearing began, Jerry Rayl, Financial Advisor for Butler County requested to address the Commission. Mr. Rahl advised the Commission of two Resolutions to be assigned. Resolution 02-26 is assigned as an amendment to Resolution 00-11. Resolution 02-27 is assigned for the levying of Special Assessments for USD 385.
Public Hearing was opened at 10:12 a.m. for open discussion from the public on this matter.
Dr. Patrick Terry with USD 385 addressed the Commission. Dr. Terry questioned why USD #385 is being charged a 3% administrative fee on the special assessments when the City of Andover is being charged 1.5%. The Andover City Administrator Jeff Bridges advised Dr. Terry that the City made a cash payment for their portion of the assessments prior to the issuance of the temporary notes, thus reducing the administrative work for the County.
Mr. Delfin Beltran of 1904 E Central, Andover, Ks., addressed the Commission as the second speaker. He requested to read his written statement to the Commission, to which
the Commission agreed. Mr. Beltran stated that since he lives in the County and did not have access to the improvements that he should not be charged with the special assessments.
With no further speakers to address the Commission, Commissioner Doll closed the Public Hearing meeting at 10:43 a.m.
Commissioner Shriver made a motion to adopt Resolution No. 02-26 as an amended Resolution to Resolution 00-11 and Resolution No. 02-27 for USD 385 for levying of special assessments for USD 385. Commissioner Carpenter seconded the motion.
Motion carried 3-0.
RESOLUTION ADOPTING A
DEFERRED COMPENSATION PLAN
William H Johnson Jr., County Administrator presented Resolution No. 02-25 adopting a Deferred Compensation Plan for the Commissioners approval.
Mr. Johnson advises this plan would include onsite employee education and investment advice along with other enhanced features. The Hartford program provides several advantages over the current deferred compensation program such as lower fees, guaranteed death benefits, onsite personal service, employee education workshops, and a common remitter.
Mr. Johnson recommends adoption of the Hartford program for Deferred Compensation.
For implementation of the Deferred Compensation Program with Hartford, Resolution No. 02-25 would need to be adopted.
Commissioner Shriver made a motion to approve Resolution 02-25 for the adoption of the Hartford Program for Deferred Compensation for Butler County Employees. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Administrator Johnson advised the Commission that Marilyn Reiserer will be retiring in June. Ms. Reiserer current job description involves payroll and personnel issues. Mr. Johnson stated that this would be an appropriate time to evaluate splitting payroll and personnel as advised to do so by our last Audit. Commission decided to include this issue in a work session next Monday in Commission Meeting.
Commissioner Carpenter wanted to know the status of the parking lot for the Judicial Building. Mr. Johnson stated that he was advised it would be opened up on last Friday with no complications. Mr. Carpenter advised that the parking lot was not open for parking this morning. Mr. Johnson advised he would follow up on it.
Mr. Johnson advised the evening meeting with the City of Andover had been scheduled for June 20th at 6:00 p.m. at the Andover Lodge.
Commissioner Doll made a motion to appoint Jerry Pope to take the place of Kim Quastad on the Planning Commission. Commissioner Shriver seconded the motion.
Motion carried 3-0.
Commissioner Shriver made a motion, with no further business to address, to adjourn the meeting at 11:05 a.m. Commissioner Carpenter seconded the motion.
Motion carried 3-0.