BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, September 28, 2004

 

 

CALL TO ORDER

Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 9:00 a.m.  Present were Commissioner Phil Anderson, Commissioner Bill Shriver, Commissioner Mike Wheeler, County Administrator Will Johnson, Jr., and Clerk Recorder Tammy Bridges.  Commissioner Randy Doll was absent.

 

ITEM #1 – CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT FOR A CRUDE OIL STORAGE FACILITY ON THE WEST SIDE OF HAVERHILL ROAD AND SOUTH OF SUNSET ROAD (CASE NO. CU-04-08) (RESOLUTION NO. 04-46)

David Yearout, Interim Director of Planning & Development, came before the Board for approval of a Conditional Use Permit (CUP) to allow a crude oil storage facility (Case No. CU-04-08).  This 5- acre tract of land was originally submitted as a rezoning issue in May 2004.  It was determined at that time that a CUP was needed.  During that time period, a decision was made that the proposed use was permitted in the Agricultural district (oil field production).  The case was noted on the June 2004 agenda as being dropped.  It was subsequently determined that the proposed use was not a permitted use in the Agricultural district, but did require a CUP.  The Planning Commission voted to approve this Conditional Use Permit.

 

Commissioner Carpenter motioned to approve Resolution No. 04-46 and allow the Chair to sign the request for a Conditional Use Permit for crude oil storage facility on the west side of Haverhill Road and south of Sunset Road (Case No. CU-04-08) (Resolution No. 04-46).  Commissioner Shriver seconded the motion.  Motion carried 4-0.

 

ITEM # 2 – CONSIDER A REQUEST FOR A HOMESTEAD LOT SPLIT WITH AN AGRICULTURE PROTECTIVE OVERLAY ON THE NORTH SIDE OF NE 150TH ABOUT ½ MILE EAST OF CASSODAY (CASE NO. PL-04-10)

David Yearout, Interim Director of Planning & Development, came before the Board for approval of a request for Homestead Lot Split with Agriculture Preservation Overlay (APO).  This property is located about ½ mile east of Cassoday on the north side of NE 150th Street and is owned by Edward Bass.  This request is to finalize the Homestead Lot Split on the approximately 4 acres of land surrounding the existing home and make it available for sale.  The accompanying Agricultural Protective Overlay will apply to the balance of the tract to the south and east of the railroad tracks.

 

Commissioner Shriver motioned to approve Case No. PL-04-10 requesting Homestead Lot Split with an Agriculture Protective Overlay (APO), Edward P. Bass, owner in the Cassoday area, on the north side of NE 150th, ½ mile east of Cassoday.  Commissioner Anderson seconded the motion.  Motion carried 3-0.  Commissioner Wheeler abstained.

 

ITEM # 3 – CONSIDER A REQUEST FOR A CHANGE OF ZONING FROM AG-40 TO RURAL RESIDENTIAL AND A SMALL SUBDIVISION PLAT APPROVAL ON 40 ACRES OF LAND AT THE SOUTHEAST CORNER OF SW 120TH AND SW HOPKINS SWITCH ROAD (CASE NO. RZ-04-10 AND PL-04-08) (RESOLUTION NO. 04-47)

David Yearout, Interim Director of Planning & Development, came before the Board for approval of a change of zoning classification from AG-40 to Rural Residential.  Lewis R. Simmons has made application to rezone the property from AG-40 to Rural Residential and is requesting approval for a Small Subdivision Plat.  The property is located in the NW/4 of the NW/4 of Section 6, Township 28S, Range 5E, at the southeast corner of Hopkins Switch Road and SW 120th Street.  There is presently one home on the property and the intent is to create another lot for a second home and to replat a 2-lot subdivision.

 

Commissioner Anderson motioned to approve a request for change of zoning from AG-40 to Rural Residential (Case No. RZ-04-10) (Resolution No. 04-47) and approve a Small Subdivision Plat on 40 acres (Case No. PL-04-08) and allow the Chair to sign.  Commissioner Shriver seconded the motion.  Motion carried 3-0.  Commissioner Wheeler abstained.

 

RECESS

Commissioner Carpenter recessed the Board at 9:45 a.m. for 5 minutes.

 

RECONVENE

Commissioner Carpenter reconvened the Board at 9:50 a.m.

 

ITEM #4 –CONSIDER A REQUEST FOR A CHANGE OF ZONING FROM AG-80 TO RURAL RESIDENTIAL ON 40 ACRES OF LAND ON THE WEST SIDE OF SW PURITY SPRINGS ROAD AND ABOUT ¼ MILE SOUTH OF SW 170TH (CASE NO. RZ-04-11) (RESOLUTION 04-48)

David Yearout, Interim Director of Planning & Development, came before the Board for

approval of a request from John and Dana Pierce to rezone the property from AG-80 to Rural Residential (RR) with the intent of creating two lots.  The property is located in the SE/4 of the NW/4 of section 31, Township 28S, Range 5E, on the east side of Purity Springs Road about ¼ mile south of SW 170th Street.  If rezoning is approved, the applicants will proceed with the preparation of the plat necessary to create the second lot.

 

Commissioner Anderson motioned to approve zoning from AG-80 to Rural Residential (Case No. RZ-04-11) and approve Resolution 04-48 and allow the Chair to sign.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.

 

ITEM #5 – CONSIDER A REQUEST FOR A VACATION OF ACCESS CONTROL BY MINISTRY OF JESUS WORLD OUTREACH CHURCH, TO ALLOW AN OPENING ON THE NORTH SIDE OF SW 60TH STREET (CASE NO. VC-04-03)

Commissioner Carpenter called to order a Public Hearing considering the vacation of access control by the Ministry of Jesus World Outreach Church at 10:05 a.m.

 

David Yearout, Interim Director of Planning & Development, came before the Board for approval of vacation of a portion of the total access control along SW 60th Street and to allow one opening for the property located at the northwest corner of SW 60th Street and Ohio Street Road.  Paul Andrews, The Ministry of Jesus World Outreach Church brought this request to the Planning and Zoning Board.

 

The City of Augusta has indicated support and approval of a vacation of total access control to allow one opening along SW 60th Street opposite Northridge Court in the Northridge Subdivision.  Letters of support from Augusta Township and Towanda Township were presented and the surrounding lot owners have given approval.  Part of this request is for access directly across from Northridge Subdivision, with the Church and the owners of Northridge splitting the cost of improvements (paving) on SW 60th Street.  Paul Andrews, Pastor of the Church, stated that he is okay with just having access on SW 60th and closing access to the property on SW Pretty Prairie Court.

 

Commissioner Carpenter closed the Public Hearing at 10:20 a.m.

 

Commissioner Shriver motioned to approve VC-04-03 regarding the church property,

The Ministry of Jesus World Outreach Church, which would approve one opening on SW 60th Street opposite the north exit of Northridge Addition, also it would close access to the church property to SW Pretty Prairie Court.    Commissioner Anderson seconded the motion.  Motion carried 4-0.

 

ITEM #6 – CONSIDER APPROVAL OF ANNUAL ESRI SOFTWARE MAINTENANCE AGREEMENT IN THE AMOUNT OF $8,100 FOR GIS/MAPPING

Pamela Dunham, GIS/Mapping Department, came before the Board for approval of the expenditure of $8,100 for yearly software maintenance performed by Environmental Systems Research Institute (ESRI).  This amount is paid yearly to maintain the software, which supports the entire GIS system and website.  It provides Butler County with the most current versions of the software, 24-7 technical support in case of problems and a free ESRI User Conference registration.

 

Commissioner Wheeler motioned to approve the expenditure in the amount of $8,100.00 for yearly ESRI software maintenance to come out of line item 01-19-6233-00.  Commissioner Anderson seconded the motion.  Motion carried 4-0.

 

ITEM #7 – CONSIDER APPROVAL OF BIDS FOR PC REPLACEMENT WITH DELL COMPUTERS

Scott Stoskopf, Computer Services Director, came before the Board for approval of the lowest complete bid for the 2004 Desktop PC replacements.  The lowest bid was received from Dell in the amount of $20,193.22.

 

Commissioner Wheeler motioned to approve the 2004 PC replacement bid in the amount of $20,193.22 to Dell, which is the lowest best bid.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

RECESS

Commissioner Carpenter recessed the Board at 10:35 a.m. for 5 minutes.

 

RECONVENE

Commissioner Shriver reconvened the Board at 10:40 a.m.

 

David Yearout came before the Board and stated that in May 2004 the Board approved, at the request of Donald May, the Maywood Plat located North and West of Towanda.  The finalized plat document has been modified by the surveyor, Mr. Hurlburt, and is now ready for the Chair to sign.  No action was taken.

 

 

 

APPROVAL OF ADDS AND ABATES

Commissioner Wheeler motioned to approve the Adds and Abates, Approval #2197 dated September 28, 2004, Abates in the amount of $1,960.92 and no Adds.  Commissioner Shriver seconded the motion.  Motion carried 4-0.

 

OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD

Commissioner Anderson stated that he could possibly have jury duty on Tuesday, October 5, 2004, but would not know for sure until the night before.

 

Commissioner Shriver stated he would be absent from the Board meeting on Monday, October 4, 2004.

 

Administrator Johnson stated that he would send a letter to the Andover Senior Center stating  that the County has helped with seed money for building Senior Centers, but hasn’t participated in funding remodeling projects.

 

Commissioner Shriver stated that Augusta and El Dorado should be encouraged to work together on the Wholesale Water District and Commissioner Carpenter stated that the Commissioners needed to facilitate a meeting between El Dorado and Augusta. Commissioner Anderson stated that the Board of Commissioners need to put plans and recommendations together to facilitate a plan to try to keep the price of water as low as possible.  Administrator Johnson stated that he would put together a list of dates and contact the cities of Augusta and El Dorado.

 

Commissioner Carpenter inquired about the Commission on the Road.  Administrator Johnson stated he would try to schedule a meeting in Andover on Tuesday, October 12 with an alternative date being Tuesday, October 26, 2004.

 

Larry Powell, Director of Economic Development, came before the Board with a Motion of Discovery and Petition with the Surface Transportation Board to intervene in the NITU Certificate request for the rail line running from Leon to Severy.  Mr. David Murfin, Greenwood County landowner, has hired an attorney in Washington DC, asking for denial of this certificate.  Mr. Murfin and his attorney are also asking that the certificate between Augusta and Leon be revoked.  Mr. Powell is requesting permission to contact Karl Morrell for review of this petition.

 

It was the consensus of the Board to allow Mr. Powell to contact Mr. Morrell, attorney.

 

David Yearout, Interim Director of Planning & Development, came before the Board with modifications and plans for finalizing the zoning map.

 

Darryl Lutz, Director of Public Works, came before the Board with discussion regarding development policies relating to access to main section line roads and internal roads.  He stated that giving property owners access to internal roads instead of the main corridors promotes safety and reduces the maintenance required for these roads. 

 

Administrator Johnson stated that the jail count is 213 with 151 billable.

 

ADJOURN

Commissioner Wheeler motioned to adjourn the meeting of the Board on September 28, 2004 at 11:45 a.m.  Commissioner Shriver seconded the motion.  Motion carried 4-0.