BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, August 25, 2015

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1 BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, August 25, 2015 CALL TO ORDER Commission Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Jeff Masterson, Commissioner Ed Myers, Commissioner Peggy Palmer, Commissioner Dan Woydziak, County Administrator Will Johnson, and Clerk Recorder Gayle Reiswig. APPROVAL OF MINUTES Commissioner Palmer motioned to approve the minutes of the Butler County Commission meeting of Tuesday, August 18, 2015, as written. Commissioner Woydziak seconded the motion. Motion carried 5-0. (00:01:21) PUBLIC COMMENTS Myrna Rogers, 1135 Euclid St., Augusta, presented the Board with an update to the American Legion Butler County Government Day Program scheduled for October 13, All Butler County high school government classes have been invited to attend. Events have been scheduled for students throughout the day and include a luncheon at the 4-H Building. The Legion extended their appreciation to the Commission for past support and invited them to attend this year s Government Day luncheon. Commissioner Wheeler noted the importance for students to view local government activities. (00:09:48) ITEM #1 CONSIDER TABLED APPROVAL OF NEW MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN ANDOVER AUGUSTA RAIL TRAIL INITIATIVE (AARTI) AND BUTLER COUNTY IN REGARDS TO DEVELOPMENT OF THE REDBUD TRAIL FROM MEADOWLARK ROAD TO US HWY 400 Will Johnson, County Administrator, presented the Board with the tabled MOU draft between AARTI and Butler County for the purpose of improvements from Meadowlark Road to the north side of HWY 400 on the proposed Redbud Trail. There were no changes to the MOU as presented and tabled two weeks ago. The MOU was developed in accordance with K.S.A and a budget and timeline have been submitted to the County. AARTI President David Levy, 1931 N Grace Ave., Andover, approached the Board to reaffirm AARTI s commitment to a successful development of the Redbud Trail including the financing to complete the planned work scope. Dr. Paul Mitsch, 9141 SW Steven Rd., Andover, came before the Board noting that his family moved to rural Butler County for privacy. Mr. Mitsch s land abuts the proposed trail. He shared his concerns of safety for his livestock and pets, the ongoing use of motorized vehicles on the trail, and the possibility of vagrancy to and safety of the trail users. He added that there are plenty of existing public areas within the County for outdoor recreational use. Page 1 of 5

2 AARTI and Prairie Travelers Board Member Ruth Holliday, 522 E. Crestline Rd., Andover, came before the Board to note that with the MOU from Sedgwick County, the Prairie Sunset Trail has fencing, bollards, and signage to prohibit motorized vehicles. Safety is AARTI s prime importance. At this time, there is no agreement to add signage and bollards to the Redbud Trail for the restriction of motorized traffic on that trail. Julie Winslow, SW Mulberry Rd., Augusta, asked the Board for the County Counselor s overall recommendation of the trail. Commissioner Wheeler noted that it was discussed during executive session. AARTI Board Member Byron Rupp, 617 W. Slate St., Andover, addressed the Board stating that he has seen many families using trails for a better quality of life and Butler County citizens deserve the same. Tiya Tonn-Oppold, 5611 NE Satchell Creek Rd., El Dorado, came before the Board to report a list of impacts to numerous Sedgwick County farmers due to the trails in their area. Ruth Holliday, a representative of Prairie Travelers, re-approached the Board to state that the AARTI group is unaware of any impacts to the Sedgwick County farmers from the trails and noted that AARTI attains to maintain open communication. John Gilliand, 9288 SW Ruby Rd., Andover, addressed the Board with concerns of insurance coverage for trail users. It is his understanding that the policy states coverage for only AARTI members in good health. As an adjacent land owner to the proposed trail, he is concerned about being part of a liability suit. The Commission stated that the insurance policy will be approved following approval of the MOU. There was discussion about the physical addresses of signatories on a petition against the trail. Commissioner Myers noted that everyone in Butler County has a stake in the trail along with the landowners. Donna Hoefgen, 8596 SW Hopkins Switch Rd., Augusta, came before the Board noting that many signatures of the petition were by those opposing the way in which the proposal of the trail was presented to the community. Commissioner Masterson motioned to approve the Memorandum of Understanding (MOU) with Andover Augusta Rail Trail Initiative (AARTI) for the purpose of improvements related to the Redbud Trail from Meadowlark Road to the north side of US 400. Commissioner Wheeler seconded the motion. Motion failed 2-3. Commissioner Palmer, Commissioner Myers, and Commissioner Woydziak were opposed. (00:47:55) Commissioner Woydziak made a supplicant motion to direct staff to contact the Surface Transportation Board (STB) to transfer the Notice of Interim Trail Use (NITU) to the City of Andover or the Andover Augusta Rail Trail Initiative (AARTI) north of HWY 400 and to retain the NITU south of HWY 400 until the bridge over HWY 400 and the bridge over the Page 2 of 5

3 Whitewater River are constructed. Commissioner Masterson seconded the motion. Motion carried 3-2. Commissioner Palmer and Commissioner Myers were opposed. Commissioner Palmer requested discussion and clarification of Commissioner Woydziak s motion. He replied stating that in the beginning, the City of Augusta requested to retain the trail for utility use. Later, both the cities of Andover and Augusta asked the County to hold the NITU until they were in the position to obtain it. Since then, the City of Andover extended the trail to Meadowlark Rd. and the City of Augusta has shown no interest. With the additional cost of two bridges, the trail is not viable south of HWY 400. The opposition to the trail was not foreseen and the County has done a poor job with public relations which in turn has created animosity among the people. He added continued support of the idea north of HWY 400 and remarked that the City of Andover has done well on the trail in their area. Further decisions will need to be done if the STB does not split the NITU at HWY 400. Commissioner Palmer noted this as a transfer of legality to a quagmire of statutory issues. She was not in support of simply transferring these problems to another entity. She added that the City of Augusta has voted to not participate and the City of Andover has not been contacted nor have they agreed to take the NITU. Commissioner Myers addressed Administrator Johnson to confirm that if Butler County approached the STB with the intent to abandon the NITU, it would present a window of opportunity for other parties such as AARTI, the City of Andover, the City of Augusta, or someone else to approach the STB and apply for the NITU; allowing them the ability to develop the trail on that organization s terms. Administrator Johnson concurred with Commissioner Myers and added that the STB would direct the acquiring organization to negotiate the transfer with Butler County. Legal Counsel would need to respond to any happenings from that point forward. Commissioner Myers noted that maintaining control of the NITU south of HWY 400 is only extending mutual discomfort and adds economic loss to property owners. He added that it was time for the County to step back and relinquish the NITU, allowing other entities to pursue with the STB if they choose to do so. RECESS Commissioner Wheeler recessed the Board meeting at 10:08 a.m. for 4 minutes. RECONVENE Commissioner Wheeler reconvened the Board meeting at 10:12 a.m. (01:07:22) ITEM #2 RECEIVE A PRESENTATION FROM USI PERTAINING TO THE SELF- INSURANCE PROGRAM Trent Nichols, USI Representative, provided an overview of the self-insurance program to the Board. No action was taken. (01:51:11) ITEM #4 RECEIVE BIDS FOR THE REPAIR WORK ON THE BUTLER COUNTY ROOFS THAT WERE DAMAGED FROM THE HAIL STORM Page 3 of 5

4 Dan Ingalls, Facilities Management Director, came before the Board for the opening of bids for the roof repair work on Butler County owned buildings. Bids were received from Ryan Roofing, Salina; Haney Roofing, Wichita; Stanfield Roofing, El Dorado. A fourth bid was received late and discarded due to being received late. Commissioner Woydziak motioned to accept the bids and direct staff to review and return at a later date with a recommendation. Commissioner Masterson seconded the motion. Motion carried 5-0. (01:54:04) ITEM #3 CONSIDER APPROVAL OF A REQUEST FROM WILLIAM GOMEZ, SR. TO REZONE APPROXIMATELY 5.32 ACRES FROM AN AGRICULTURAL (AG-40) CLASSIFICATION TO A RURAL RESIDENTIAL (RR) CLASSIFICATION David Alfaro, Director of Community Development, came before the Board for approval to a request from William Gomez, Sr. to rezone approximately 5.32 acres from AG-40 to RR. The property is located outside the City of El Dorado s extra territorial jurisdiction at 2697 SE 40 th, El Dorado, in Prospect Township. This request will accommodate Mr. Gomez with the gifting of the 5.32 acres to his son and marketing of the remaining 65 +/- acres. Notifications were sent to residents within 1,000 with no comments received. The Planning Commission approved this request 4-0. Commissioner Wheeler motioned to approve the request from William Gomez, Sr. for a change in zoning classification from AG-40 to RR and authorized the Chair to sign Resolution # Commissioner Myers seconded the motion. Motion carried 5-0. (01:56:12) ITEM #5 CONSIDER APPROVAL OF THE CONTRACT WITH IMAGE TREND FOR ELECTRONIC PATIENT CARE REPORTING ITEM #6 WORK SESSION EMERGENCY MEDICAL SERVICES ITEM #7 WORK SESSION COMMISSION INVOCATION POLICY Commissioner Woydziak motioned to table Items #5, #6, and #7. Commissioner Masterson seconded the motion. Motion carried 5-0. (01:56:36) VOUCHERS Commissioner Woydziak motioned to approve the vouchers for August 25, 2015, in the amount of $596, Commissioner Masterson seconded the motion. Motion carried 5-0. (01:57:00) COMMISSION ADDS & ABATES Commissioner Woydziak motioned to approve Adds & Abates #2572 dated August 25, 2015; Adds in the amount of $67.24 and Abates in the amount of $15, Commissioner Myers seconded the motion. Motion carried 5-0. Page 4 of 5

5 (01:57:22) OTER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS A request for financial assistance was received from the Douglass Historic Society to address termite damage in the display cases. Two bids were received with the lowest being $3,100. The historic society is requesting a portion of the total in the amount of $1,500. More information will be presented next week. Commissioner Wheeler attended a meeting on Wednesday, August 19, 2015, in Emporia held by the Kansas Association of Local Health Directors entitled Why Public Health Matters. The next workshop is scheduled for Thursday, September 3, 2015 in Hutchinson from 3:00 p.m. 7:00 p.m. An application for a fence viewing has been received on a property northeast of Leon. (02:01:57) ADJOURNMENT Commissioner Woydziak motioned to adjourn the meeting of the Board at 11:07 a.m. Commissioner Myers seconded the motion. Motion carried 5-0. Page 5 of 5