BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, February 24, 2004

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

ITEMS OF BUSINESS

ITEM #1 – RECEIVE DAVID MARTINE, BRUNO TOWNSHIP BOARD, TO DISCUSS REMOVAL OF RAILROAD TRACK AT 13^TH WEST OF PRAIRIE CREEK IN BRUNO TOWNSHIP.

David Martine, of the Bruno Township Board, came before the Board to discuss removal of the railroad track at 13^th St. west of Prairie Creek in Bruno Township. Mr. Martine states that this is a safety and water drainage issue. This will be funded 100% by Bruno Township. Mr. Martine also asked for removal of the railroad tracks located on SW Prairie Creek Road.

Commissioner Shriver motioned to table a decision on removal of railroad track at 13^th Street west of Prairie Creek and SW Prairie Creek Road, in Bruno Township pending copies of map. (After Item #2) Commissioner Wheeler seconded the motion. Motion carried 5-0.

ITEM #2 – See after Item #3

ITEM #3 – CONSIDER FINAL PLAT APPROVAL FOR ARMSTRONG ACRES 2^ND ADDITION. (CASE NO. PL 04-2). {Res. No. 04-06}

Todd Kennemer, Director of Planning & Zoning, came before the Board for approval of a survey and right-of-way for final plat of Armstrong Acres 2^nd Addition. (Case No. PL 04-2) {Res. No. 04-06}

Commissioner Anderson motioned to approve the survey and right-of-way for the final plat of Armstrong Acres 2^nd Addition and allow the Chair to sign. (Case No. PL 04-02) {Resolution No. 04-06}. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #2 – WORK SESSION – RECEIVE TODD KENNEMER TO DISCUSS FEBRUARY 3, 2004 PLANNING COMMISSION MEETING.

Todd Kennemer, Director of Planning & Zoning, came before the Board to discuss the February 3, 2004 Planning Commission meeting.

Item #1 – Final Plat (Forest & Shirley Barger) Barger Estates.

The Planning Commission tabled a decision until next meeting to allow for

corrections on the plat.

Item #2 – William Kehr/Thelma Hinnen Trust – Allow two lot splits

Planning Commission voted to approve.

Commissioner Shriver recommended County Counsel, Norm Manley, review

this proposal before it comes before the Board of County Commissioners.

ITEM #1 (Continued)

Darryl Lutz, Director of Public Works, came before the Board with a map showing the railroad track at 13^th St. west of Prairie Creek and on SW Prairie Creek Road, in Bruno Township

Commissioner Shriver motioned to approve removal of the railroad tracks at 13^th Street and also at SW Prairie Creek Road and to level both roads. Also, removal of railroad tracks shall be coordinated with the Engineers Department for replacement of the culvert on 13^th Street. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #4 – CONSIDER A PROPOSAL FOR BUTLER COUNTY TO PROVIDE ASPHALT ROAD MAINTENANCE WORK WITHIN WAGONWHEEL RANCH.

Darryl Lutz, Director of Public Works, and John Nelson, member of the Wagonwheel Ranch Homeowner’s Association, came before the Board for approval of a proposal for Butler County to provide asphalt road maintenance work within Wagonwheel Ranch. Wagonwheel Ranch is a privately owned residential housing development located 1 ¾ mile west of Santa Fe Lake Road in Bruno Township.

Commissioner Shriver suggested that these roads are privately owned and should be paved privately.

Commissioner Carpenter suggested that Bruno Township should be contacted to provide asphalt road maintenance for the roads since the residents are paying taxes to Bruno Township.

Commissioner Shriver suggested that this proposal be reviewed by County Counsel, Norm Manley.

Bill Winters, Wagonwheel Ranch homeowner’s Association, will present this request to Bruno Township at their next meeting.

Commissioner Doll motioned to table a decision to provide maintenance work within Wagonwheel Ranch pending review from Bruno Township and County Counsel, Mr. Manley. Commissioner Anderson seconded the motion. Motion carried 5-0.

RECESS

Commissioner Carpenter called a 10-minute recess of the Board at 10:00 a.m.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 10:10 a.m.

ITEM #5 – RECEIVE A PETITION AND CONSIDER SETTING A VIEWING DATE FOR VACATIONG A PORTION OF NW INDIANOLA RD IN MILTON TOWNSHIP.

Darryl Lutz, Director of Public Works, came before the Board to ask that a decision to set a date to view a portion of NW Indianola Road in Milton Township for vacation be tabled, because there is an additional road to be added to this petition.

Commissioner Shriver motioned to table a petition to set a viewing date for viewing a portion of NW Indianola Road in Milton Township, for vacation, until a later date. Commissioner Wheeler seconded the motion. Motion carried 5-0.

ITEM #6 – RECEIVE A TABLED REPORT ON THE PROPOSED CONCRETE BOX CULVERT CONSTRUCTION PROGRAM FOR 2004.

Darryl Lutz, Director of Public Works, came before the Board for approval of the tabled petition for proposed Concrete Box Culvert Construction Program for 2004. Previously, the Board requested Mr. Lutz select another structure to replace structure No. 7 (South of Augusta). Mr. Lutz has replaced RCB #7 with structure No. RCB 10 (West of Gordon). Structure No. 7 will remain as an alternate pending an agreement from Southwest Butler Quarry to pay the cost of construction on the road.

Commissioner Carpenter motioned to approve the Department of Public Works proceeding with preparation of final plans and bid documents for Culvert Letting No. 59 as proposed and to return at a later date with an official Notice to Contractors. Commissioner Wheeler seconded the motion. Motion carried 5-0.

ITEM #7 – CONSIDER AWARDING THE PURCHASE OF TIRES FOR BUTLER COUNTY FOR 2004.

Darryl Lutz, Director of Public Works, came before the Board with the bid tabulation for the tires for Butler County for 2004, from Augusta Tire in the amount of $624.08 and Becker Tire in the amount of $18,911.79. (Copies available upon request from Clerk or Engineer’s office)

Commissioner Shriver motioned to award the purchase of tires for Butler County, for 2004, as recommended in the bid tabulation sheet. Commissioner Anderson seconded the motion. Motion carried 5-0.

APPROVAL OF AMENDMENT TO AUTHORIZATION NO 13 – PROFESSIONAL ENGINEERING SERVICES

Darryl Lutz, Director of Public Works, came before the Board for approval of the Amendment No. 2 to Authorization No. 13 – Services by Burns and McDonald Professional Engineering in the amount of $12,810.00.

Commissioner Shriver motioned to approve Amendment No. 2, Authorization No. 13 for professional engineering services to Burns and McDonald Professional Engineering Services, in the amount of $12,810.00, and authorize the Chair to sign. Commissioner Wheeler seconded the motion. Motion carried 5-0.

Commissioner Doll stepped down from the Board during consideration of Item #8 – Final Modifications from FEMA for a lease agreement on Bridlewood property.

ITEM #8 – CONSIDER FINAL MODIFICATIONS FROM FEMA FOR A LEASE AGREEMENT ON BRIDLEWOOD PROPERTY.

Administrator Johnson came before the Board for consideration of the final modifications, from FEMA, for a lease agreement on Bridlewood property.

Commissioner Wheeler motioned to approve the final modifications, from FEMA, for a lease agreement on Bridlewood property and allow the Chair to sign. Commissioner Anderson seconded the motion. Motion carried 3-0. Commissioner Carpenter abstained.

Commissioner Doll rejoined the meeting of the Board after the motion to approve Item #8 was made.

OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD.

Administrator Johnson came before the Board to review questions on vouchers dated February 23, 2004.

Commissioner Doll informed the Board that he thought the Federal mileage rate has gone up to 37.5 cents. Administrator Johnson said he would investigate to confirm what the rate currently is.

Commissioner Doll stated that the Board should schedule a Work Session for Economic Development. Administrator Johnson will make this an agenda item on Monday, March 9, 2004.

Commissioner Anderson informed the Board that he would be attending Fire District #8 Volunteer Appreciation dinner on Saturday, February 28, 2004.

Administrator Johnson informed the Board that the Director of Buildings and Grounds, Lewis Hughey, is retiring on Friday, February 27, 2004. His retirement party will be Friday, February 27 from 2:00 p.m. to 4 p.m.

A Work Session, for Buildings and Grounds, will be scheduled for Monday, March 1, 2004.

Commissioner Carpenter asked about a retreat for Commissioners, Department Heads and Non-Elected personnel. Administrator Johnson informed the Board that he was trying to schedule sometime in April 2004 for a retreat.

Administrator Johnson reminded the Board of the Leadership Butler Outlook Conference on March 4, 2004 at noon.

RECESS UNTIL 7:00 P.M. FOR JOINT COUNTY COMMISSION PLANNING COMMISSION WORK SESSION AT THE BUTLER COUNTY COURTHOUSE.

Commissioner Wheeler motioned to recess the meeting of the Board at 11:30 a.m., until 7:00 p.m. tonight, March 24, 2004, for the joint work session with the Butler Planning Commission. Commissioner Shriver seconded the motion. Motion carried 5-0

ITEM #1 – RECONVENE

Commissioner Carpenter reconvened the meeting of the Butler County Board of Commissioners at 7 p.m. and welcomed the Butler County Planning Commission. Those in attendance were Commissioners Phil Anderson, Bill Shriver, Mike Wheeler, Administrator Will Johnson, Jr., Planning Commission members Herb Pello, Jack Bender, Jeff Varner, Mark Sudduth, Jeff Taylor, Malissa Nesmith, David Greene, Jr., Terry Brown, Jim Ralston, Todd Kennemer, Director of Planning & Zoning, Sharee Von Elling of Planning and Zoning and Clerk Recorder Brenda Brychta.

ITEM #2 - RECOMMENDATION/COMPREHENSIVE PLAN COMPATIBILITY PROCEDURES.

Todd Kennemer, Director of Planning & Zoning, came before the Commissions to review the Recommendation/Comprehensive Plan compatibility.

A lengthy discussion, between both commissions, followed this presentation.

FACTORS CONSIDERED IN AN APPLICATION FOR REZONING/CUP AND PROCEDURES TO FOLLOW

Mr. Kennemer presented the Board with factors to consider in an application for rezoning or conditional use permits and examples of each application which are now in process.

Further discussion on rezoning, conditional use permits, private sewer districts and public sewer districts followed.

ADJOURNMENT

Commissioner Shriver motioned to adjourn the meeting of the Board, at 9:15 p.m. Commissioner Wheeler seconded the motion. Motion carried 4-0.