BUTLER
COUNTY BOARD OF COMMISSIONERS
Monday, February 9, 2004
Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 10:00 a.m. Present were Commissioner Phil Anderson, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Clerk Recorder Brenda Brychta. The late start was due to the REAP meeting.
ITEM
#1 – CONSIDER A TABLED REQUEST FOR CONDITIONAL USE PERMIT (CUP) TO ALLOW A
NON-AGRICULTURAL USE OF THE WILSON’S (81) ACRE AG-40 DISTRICT PROPERTY. (CU
03-14)
Todd Kennemer, Director of Planning and Zoning, came before the Board to
recommend that the tabled CUP
03-14, allowing non-agricultural use of
the Wilson’s 81-acre AG-40 district property, be remanded back to the Planning
Commission for further consideration.
This is at the recommendation of County Counsel, Norm Manley.
Ed Dwire, Attorney, came before the Board on behalf of the Wilsons. Mr. Dwire summarized meetings with the May’s
attorney, Jim Hargrove and Todd Kennemer.
Mr. Dwire stated that the Wilsons have met the zoning comprehensive plan
and the proposal of a berm does not meet the comprehensive plan and has no
legitimate public purpose and would also require splitting of cost and the
re-determination of the value of the land and it is not practical.
Jim Hargrove, Attorney, came before the Board on behalf of the Urtens and
the Mays.
Mr. Hargrove requested some time to discuss changing CUP 03-14 to include
planting of adequate Red Merlot trees or other fast growing trees, for
screening of the building and the equipment, and that equipment storage should
be on the northeast corner of the southwest portion on a 5-acre tract.
Commissioner Shriver motioned to table a decision on Conditional Use
Permit 03-14 until after Item #2 in order to give Mr. Dwire and Mr. Hargrove
time to consult and try to resolve problems or concerns. Commissioner Anderson seconded the motion. Motion carried 5-0.
ITEM
#2 – CONSIDER A TABLED REQUEST FOR CONDITIONAL USE PERMIT TO EXPAND EXISTING
ROCK QUARRY ACTIVITIES. (CUP 03-12)
Todd Kennemer, Director of Planning and Zoning, came before the Board to
request CUP 03-12, for expansion of the SW Rock Quarry, be remanded back to the
Planning Commission for modification of conditions. The modification is to incorporate the road agreement
requirements into CUP No. 03-12 and Resolution No. 04-08, instead of an
attachment to the Resolution.
Commissioner Carpenter recommended the members of the audience be provided
with a copy of the Resolution for their review.
RECESS
Commissioner Carpenter called a 5-minute recess of the Board at 10:25
a.m. in order to provide the interested persons in the audience with copies of
the proposed resolution and to allow the Board time to also review the
resolution.
RECONVENE
Commissioner Carpenter reconvened the meeting of the Board at 10:30 a.m.
Commissioner Carpenter led a review of the proposed Resolution 04-08.
Commissioner Anderson motioned to remand the request for Conditional Use
Permit No. 03-12 back to the Planning Commission to be presented at their
meeting on March 2, 2004 at 7 p.m.
Commissioner Wheeler seconded the motion. Motion carried 5-0.
CONTINUATION
OF ITEM #1
Mr. Hargrove came before the Board to notify them that his clients, the
Mays, would agree to CUP No. 03-14 if the following modifications are added to
the CUP: 1) planting two rows of Red Merlot or other fast growing trees, by
April 8, 2004; 2) that the acreage for equipment storage be reduced from 20
acres to 5 acres and; 3) equipment be stored in the northeast corner of the
southwest portion of the Wilson’s property.
Mr. Kennemer agreed to present the modifications to the Planning
Commission at their March 2, 2004 meeting.
Commissioner Carpenter motioned to remand CUP 03-14 back to the Planning
Commission for consideration of the modifications. Commissioner Wheeler seconded the motion. Motion carried 5-0.
ITEM
#3 – CONSIDER A REQUEST FROM MICHAEL L. & TERESA J. RAWLINGS FOR THE
PURCHASE OF RAIL PROPERTY IN AUGUSTA.
Larry
Powell, Director of Economic Development, came before the Board to inform them
that Michael & Teresa Rawlings are unable to attend today’s meeting. Mr. Powell requested the Board meet with the
Rawlings and discuss the issues on another date.
Commissioner Shriver motioned to table a discussion on the request from
Michael & Teresa Rawlings for the purchase of rail property in Augusta,
until the Rawlings can attend the meeting of the Board on February 17, 2004. Commissioner Carpenter seconded the
motion. Motion carried 5-0.
ITEM
#4 – RECEIVE BARBARA RUSSELL TO GIVE COMMISSION OVERVIEW OF THE CASA (COURT
APPOINTED SPECIAL ADVOCATE) PROGRAM
Barbara Russell, a CASA volunteer, came before the Board to present them
with an overview of the CASA Program.
CASA is a group of 20 volunteers, screened and trained to work in the
best interest of children in need of care.
Most of the children are from abusive homes. The volunteers 1) serve as
fact finders for the judge; 2) speak for the child in the courtroom; and 3) are
watchdogs for the life of the case.
Administrator Johnson informed the Board that CASA is funded through a
JJA Grant. (Juvenile Justice Administration).
Rebecca Lindamood, District Magistrate Judge from Greenwood County, came
before the Board to express her thanks for the CASA Program and praise the
volunteers for their constant support of the children. Judge Lindamood also serves Butler County.
ITEM
#5 – CONSIDER APPROVAL OF THE PURCHASE OF TWO (2) NEW TRANSPORT VANS FOR USE AT
THE BUTLER COUNTY JAIL.
Ben Crooks, Director of the County Jail, came before the Board for
approval to purchase one 8 passenger Chevrolet 1500 Express Van for $18,628.86
and one12 passenger 2500 Express Van for $19,923.01 from Frye Chevrolet. The prices include trade-in value totaling
$5,500. The total would be $33,051.87,
after trade-in.
Commissioner Shriver motioned to approve purchase of a Chevrolet 1500
Express Van and a 2500 Express Van, from Frye Chevrolet, for a total price of
$33,051.87. Commissioner Anderson
seconded the motion. Motion carried
5-0.
JAIL
UPDATE
Mr. Crooks informed the Board that there are now 126 billable inmates out
of a total of 189.
ITEM #9 – CONSIDER THE HIRING OF A PART-TIME ELECTRONIC
MONITORING STAFF.
Ann Carpenter, Director of JJSA, came before the Board for consideration of hiring a part-time Electronic Monitoring staff. This will be paid at Range 11 – Step A for actual hours worked and $2.00 per hour on-call pay.
Commissioner Doll motioned to allow for the hiring of a part time Electronic Monitoring staff at Range 11 – Step A for hours worked. Commissioner Anderson seconded the motion. Motion carried 4-0. Commissioner Carpenter abstained.
ITEM #10 – CONSIDER ALLOWING EMS DEPARTMENT TO PURCHASE
THE LAERDAL ALS SKILLTRAINER 200 MANIKIN FOR A PRICE NOT TO EXCEED $5,885.00.
Joe Megredy and Brandon Russell, of EMS, came before the Board for consideration of the purchase of the LAERDAL ALS SKILL TRAINER 200 MANIKIN, from BoundTree Medical, for a price not to exceed $5,885.00.
Commissioner Anderson motioned to
approve the purchase of the Laerdal ALS Skill Trainer 200 manikin, from
BoundTree Medical, for a price not to exceed $5,885.00. Commissioner Wheeler
seconded the motion. Motion carried 5-0.
ITEM
#6 – ADJOURN INTO EXECUTIVE SESSION TO DISCUSS THE PROPOSED ACQUISITION OF
LAND.
Commissioner Carpenter motioned to adjourn to Executive Session at 11:25
a.m. for 10-minutes, for discussions relating to the acquisition of real
property. Those present were
Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler, Administrator
Johnson and Economic Development Director Larry Powell and Gary Fugit. Commissioner Anderson seconded the motion. Motion carried 5-0.
Commissioner Carpenter motioned to extend the Executive Session for 5
more minutes at 11:35 a.m. Commissioner
Doll seconded the motion. Motion
carried 4-0. Commissioner Anderson was absent from this vote.
RECONVENE
Commissioner Carpenter reconvened the meeting of the Board at 11:40 a.m.
ITEM #7 – RECEIVE
ECONOMIC DEVELOPMENT MONTHLY REPORT.
Larry Powell, Director of Economic Development, came before the Board to present the monthly Economic Development report.
Mr. Powell stated that Mr. Breck Banion is making arrangements to pay his micro loan, in full, on Friday, February 13, 2004 and a new micro-loan, in the amount of $6,000.00 will be issued to Mr.Glenn Daniels, of Towanda, for a computer software company.
Commissioner Wheeler asked for a status of all micro loans with each monthly report.
Mr. Powell agreed to provide this list with each monthly report.
ITEM #11 – RECEIVE AND OPEN BIDS FOR GIS EQUIPMENT FOR
NOXIOUS WEEDS.
Riley Walters, Director of Noxious Weed Department, came before the Board to present sealed bids for GIS equipment for noxious weeds.
|
Bids Received: |
|
|
Vegetation Management
Supply |
$1,937.00 |
|
Schaben Industries |
$1,719.19 |
Commissioner Shriver motioned to have Mr. Walters review the bids and report back to the Board on February 17, 2004, with his recommendation. Commissioner Anderson seconded the motion. Motion carried 5-0.
ITEM #8 – RECEIVE PKHL ARCHITECTS TO DISCUSS PROPOSED
REMODELING PLAN.
Vince Haines and Les Limon, of Prigmore, Krievins, Haines & Limon, Architects, came before the Board to present the proposed remodeling plan for the old judicial building located east of the Historical Courthouse.
Mr. Haines explained the process for determining the proposed remodeling plans and proposed cost analysis.
Further discussion and review, by the Board, will be placed on the agenda for February 23, 2004.
ITEM #10 – MOVED TO AFTER ITEM #5 & ITEM #9
ITEM #12 – RECESS AT 12:20 P.M. FOR PUBLIC BUILDING
COMMISSION MEETING.
Commissioner Carpenter motioned to recess for 45 minutes at 12:19 p.m. for the Public Building Commissioner Meeting. Commissioner Doll seconded the motion. Motion carried 5-0.
RECONVENE
Commissioner Carpenter reconvened the meeting of the Board at 1:46 p.m.
ITEM #13 – CONSIDER APPROVAL OF THE 2004 COUNTYWIDE
CLEANUP PROGRAM AND DESIGNATING APRIL 17TH THRU APRIL 24TH
FOR COUNTYWIDE CLEANUP.
Administrator Johnson came before the Board to request tabling the consideration of the 2004 Countywide Cleanup Program until the Tuesday, February 10, 2004.
ITEM #14 – RECEIVE A REPORT ON SOLID WASTE STREAM
ANALYSIS FOR 2003.
Administrator Johnson came before the Board to request tabling the consideration of the Solid Waste Stream Analysis for 2003.
Commissioner Carpenter motioned to table Item #13 - The approval of the Countywide Cleanup Program and Item #14 - A report on the Solid Waste Stream Analysis for 2003. Commissioner Anderson seconded the motion. Motion carried 5-0.
APPROVAL OF MINUTES
Commissioner Wheeler motioned to approve the minutes of Monday, February 2, 2004 and Tuesday, February 3, 2004 with changes. Commissioner Anderson seconded the motion. Motion carried 5-0.
APPROVAL OF ADDS & ABATES
Commissioner Wheeler motioned to approve the Adds and Abates #2174. Adds are in the amount of $2,119.68. Abates are in the amount of $1,546.20. Commissioner Shriver seconded the motion. Motion carried 5-0.
APPROVAL OF VOUCHERS
Commissioner Carpenter motioned to approve the vouchers for February 9, 2004 in the amount of $317,548.48. Commissioner Wheeler seconded the motion. Motion carried 5-0.
OTHER
ITEMS OF BUSINESS:
Administrator Johnson reminded the Board of the joint meeting of the Butler County Commissioners and the Butler County Planning Commission is scheduled for Tuesday, February 24, 2004 at 7:00 p.m.
Commissioner Doll motioned to appoint Jim Ralston, of Benton, to the Planning Commission. Commissioner Carpenter seconded the motion. Motion carried 5-0.
Don Engels, Financial Officer, presented the Board with the County Financial Summary through January 31, 2004.
Administrator Johnson suggested that Chairman Carpenter speak or write a letter to Mary Martha Good in response to her article in the El Dorado Times and not rebut the editorial in the paper. Commissioner Doll stated that a public statement was needed to correct the misinformation that Ms.Good stated in her article.
ADJOURN
Commissioner Carpenter motioned to adjourn the Board of Commissioners meeting at 2:15 p.m. Commissioner Wheeler seconded the motion. Motion passed 5-0.