BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, January 24, 2012

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1 BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, January 24, 2012 CALL TO ORDER Commission Chairman Dan Woydziak called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Bruce Harris, Commissioner Jeff Masterson, Commissioner Peggy Palmer, Commissioner Mike Wheeler, County Administrator Will Johnson, Jr., and Clerk Recorder, Paula Stoskopf. APPROVAL OF MINUTES Commissioner Wheeler motioned to approve the minutes of the Butler County Commission meeting of Tuesday, January 17, 2012, as written. Commissioner Harris seconded the motion. Motion carried 5-0. PUBLIC COMMENTS John Koslowsky, 2286 SW Adams Road, came before the Board to express his concern with water runoff and flooding issues located at the corner of 254 Highway and SW Adams Road on a property owned by Dr. Claassen. After discussion with the Board, Administrator Johnson, Roger Cutsinger and Planning & Development Director Rod Compton, the consensus was that the plat would need to be reviewed for a sufficient drainage plan. This will be done by Darryl Lutz, Butler County Engineer. The Board thanked Mr. Koslowsky for his time. ITEM #1 CONSIDER APPROVAL OF REQUEST BY DUSTROL, INC., FOR A CONDITIONAL USE PERMIT TO ERECT A NEW EQUIPMENT WASH FACILITY ON PROPERTY IN THE AG-40 AGRICULTURAL ZONING DISTRICT Rod Compton, Planning & Development Director, came before the Board for approval of a request by Dustrol, Inc., located in Towanda, KS, for a Conditional Use Permit for an equipment wash/paint/office facility. The Butler County Planning Commission (BCPC) approved this request on January 3, 2012, by a 5 to 0 vote. Commissioner Harris motioned to find that the request is compatible with nearby uses; that it is consistent with the spirit and intent of the regulations; and that it would not represent an undue burden to transportation and service facilities in the area; and moved to approve the request by Dustrol Inc., for a Conditional Use Permit to utilize property at the southeast corner of SW Hunter Road and SW 20 th Street to construct a facility to wash and paint equipment; to store paint; and to provide an office with break room and authorize the Chairman to sign Resolution No ; at the site described as: The Northwest Quarter of the Northwest Quarter and the West Half of the Northeast Quarter of the Northwest Quarter of Section 15, Township 26 South, Range 4 East of the 6 th P.M., Butler County, Kansas. Commissioner Wheeler seconded the motion. Motion carried 5-0. ITEM #2 CONSIDER APPROVAL OF REQUEST BY TOM WEATHERHOLT ON BEHALF OF WEATHERHOLT FAMILY TRUST TO REZONE 5 ACRES FROM AN AG-40 ZONING CLASSIFICATION TO AN RR RURAL RESIDENTIAL ZONING CLASSIFICATION Rod Compton, Planning & Development Director, came before the Board for approval of a request by the Weatherholt Family Trust to rezone 5 acres from an AG-40 zoning classification to an RR Page 1 of 7

2 Rural Residential zoning classification located approximately ½ mile east of SW Haverhill Road on the north side of SW 90 th Street. The matter was considered by the BCPC on January 3, 2012, to recommend the rezoning by a 2 to 1 vote. Commissioner Tingley was opposed to the rezoning, feeling the applicant should have sought rezoning of the entire property. Commissioner Sudduth abstained from the discussion and voting due to a potential conflict of interest and Chairman Varner does not vote except to break a tie. Staff s opinion was that by allowing the rezoning of the farmstead, it would not result in any change to the area and it would allow the owner to sell it. Commissioner Masterson motioned to approve the request by Tom H. Weatherholt on behalf of the Weatherholt Family Trust to rezone 5 acres described as: Beginning at a point 1,168.9 feet West of the Southeast Corner of the Southeast Quarter of Section 15, Township 27 South, Range 5 East of the 6 th P.M., Butler County, Kansas; thence West 467 feet; thence North 467 feet; thence East 467 feet; thence South 467 feet to the beginning; because it is felt the request is in conformance with the County s Comprehensive Plan; because the proposed uses and densities proposed are compatible with uses and densities; and because the change would merely reflect actual use of the property and would not result in new development, and authorize the Chairman to sign Resolution granting such change. Commissioner Woydziak seconded the motion. Motion carried 5-0. ITEM #3 CONSIDER APPROVAL OF ACCEPTANCE OF DEDICATIONS FOR WEATHERHOLT FAMILY TRUST LOT SPLIT Rod Compton, Planning & Development Director, came before the Board for Acceptance of Dedications for Weatherholt Family Trust lot split located at the northwest corner of the intersection of SW 90 th Street and SW Walnut Valley Road. Per the County Subdivision requirement, the applicants are dedicating 40 feet of right-of-way easement for SW 90 th Street. Commissioner Masterson motioned to accept the dedications submitted for the Weatherholt Family Trust lot split survey, and authorize the Chairman to sign the dedication agreement(s). Commissioner Palmer seconded the motion. Motion carried 5-0. ITEM #4 CONSIDER APPROVAL OF REQUEST OF MICHAEL YOUNG FOR A HOMESTEAD LOT SPLIT WITH APO IN ORDER TO SEPARATE AN EXISTING HOMESTEAD AND 5 ACRES FROM A PARCEL CONTAINING APPROXIMATELY 315 ACRES Rod Compton, Planning & Development Director, came before the Board for approval for a Homestead Lot Split with APO in order to separate an existing homestead and 5 acres from a parcel containing approximately 315 acres. The property is zoned AG-80 and is located on the south side of SE 40 th Street between SE Ellis Road and SE Price Road. Michael Young, property owner, has submitted an easement for right-of-way agreement for 40 feet of roadway easement along SE 40 th Street and SE Ellis Road per County Subdivision requirements. The matter was considered by the BCPC on January 3, 2012, and approved by a 5 to 0 vote. Commissioner Wheeler motioned to approve the Homestead Lot Split with APO described as follows, and authorize the Chairman to sign the Easement for Right-of-Way and the Agricultural Protection Overlay Agreement subject to the recording of the Agricultural Protection Overlay Agreement, Easement for Right-of-Way agreements, and survey of the residential site with the Register of Deeds. The Homestead Lot Split is described as: Beginning at a point feet South of the Northwest Corner of the Northwest Quarter of Section 25, Page 2 of 7

3 Township 26 South, Range 6 East of the 6 th P.M., Butler County, Kansas; thence East 330 feet; thence South 660 feet; thence West 330 feet; thence North 660 feet to the beginning. ITEM #5 CONSIDER APPROVAL OF REQUEST OF DONALD AND LINDA BRYAN TO REZONE 40 ACRES FROM AG-40 ZONING CLASSIFICATION TO AN RE RESIDENTIAL ESTATE ZONING CLASSIFICATION Rod Compton, Planning & Development Director, came before the Board to consider a request to rezone 40 acres from an AG-40 zoning classification to an RE Residential Estate zoning classification on property owned by Donald and Linda Bryan; located approximately ¼ mile west of SW Indianola Road on the north side of SW 15 th Street. The matter was considered by the BCPC on January 3, The Planning Commission concurred that the property was close to the City of Benton, and that rezoning of the property would be more appropriate than placing an APO on it. With that in mind, approval was given by a 5 to 0 vote. Staff stated that the site is appropriate for low density residential development; was in close proximity to an existing city (Benton); and is within the Urban Growth Area of the County and nearby densities and uses are similar. Commissioners Wheeler and Harris noted that they were not in favor of rescinding an APO as this could cause a dangerous precedent. Commissioners Masterson and Woydziak stated that this was merely a matter of approving a zoning change from the BCPC since this had gone back through the planning process. Commissioner Palmer stated she felt nothing was wrong with granting this request due to the property being in close proximity to a city. Mr. Compton advised the Board to use careful wording to rescind an APO to prevent setting a precedent. Administrator Johnson agreed. Commissioner Masterson motioned to approve the request by Donald and Linda Bryan to rezone 40 acres from an AG-40 classification to an RE Residential Estate classification, removing the Agricultural Protection Overlay Agreement based on the fact that the property is located in the Urban Growth Area and is in close proximity to a city; The property is described as: The Southwest Quarter of the Northeast Quarter of Section 10, Township 26 South, Range 3 East of the 6 th P.M., Butler County, Kansas; and authorize the Chairman to sign Resolution No granting such change. Commissioner Palmer seconded the motion. Motion carried 3-2. Commissioners Harris and Wheeler voted no. Commissioner Woydziak reiterated that due to this matter going through the zoning process again is what made this request allowable. ITEM #6 CONSIDER APPROVAL OF REQUEST BY GELTER LIVING TRUST FOR ACCEPTANCE OF DEDICATIONS FOR GELTER LIVING TRUST LOT SPLIT Rod Compton, Planning & Development Director, came before the Board for Acceptance of Dedications for Gelter Living Trust lot split on property located at the southwest corner of the intersection of SW 210 th Street and SW Santa Fe Lake Road. The applicant wishes to separate the existing residence and 10 acres from the remainder of the property. The BCPC approved the lot split on January 3, 2012, with a 5 to 0 vote. Per County Subdivision requirements, the applicant is dedicating 40 feet of Right-of-Way for Easement for SW Santa Fe Lake Road. Commissioner Woydziak motioned to accept the dedication of right-of-way for easement for SW Santa Fe Lake Road south of 210; submitted for the Gelter Living Trust lot split survey; with the understanding that the Township nor the County will maintain this roadway until brought Page 3 of 7

4 up to County standards; and authorize the Chairman to sign the dedication agreement(s). ITEM #7 CONSIDER APPROVAL OF THE APPOINTMENTS TO THE BUTLER COUNTY COUNCIL ON AGING FOR THREE YEAR TERMS William Johnson, Jr., County Administrator, came before the Board on behalf of Crystal Noles, Department on Aging Director, for the appointments to the Butler County Council on Aging for three-year terms. The Council is made up of 12 representatives from each of the 12 Senior Centers throughout Butler County. Mr. Johnson recommended the following appointments to the Council: JoAnn Lillibridge/reappointment Rose Hill Luann Spence/new appointment El Dorado Pat Voytko/reappointment Cassoday Lonnie Long/reappointment Potwin Roger Tallman/new appointment Whitewater Dennis Phillips/new appointment - Augusta Commissioner Palmer motioned to approve the reappointment of JoAnn Lillibridge, Lonnie Long, and Pat Voytko; and the appointment of Dennis Phillips, Luann Spence, and Roger Tallman to the Butler County Council on Aging for a three-year term; and thanked them for their service. RECESS Commissioner Woydziak recessed the Board meeting at 9:57 a.m. for 5 minutes. RECONVENE Commissioner Woydziak reconvened the Board meeting at 10:06 a.m. ITEM #8 CONSIDER APPROVAL OF THE LEPC ROSTER FOR 2012 Pam Dunham, Butler County LEPC Chairman, came before the Board for approval of the LEPC Roster for The Butler County Local Emergency Planning Committee (LEPC) is required to submit a yearly roster that has been approved by the Board of County Commissioners to the CEPR for final approval. This action is required to keep the LEPC in compliance with the State. The following Roster was submitted for approval: Jim Schmidt - Emergency Management Bob Sage - Rose Hill Police Department Ken Nakaten - El Dorado Fire Department James Heimgarnter - El Dorado Correctional Facility Grant Helferich - Butler County EMS Pam Dunham (2012 Chairman) - Butler County GIS Department Sandy Koontz - Conservation District Diane Rollins (2012 Vice Chairman) - Solid Waste Coordinator Charlene Miller (2012 Sec/Info Coord) - Emergency Management Rod Compton - Planning & Development Jim Shaver - Andover Fire & Rescue Jim Poffinbarger - Susan B. Allen Memorial Hospital Melissa Dinsmore - Susan B. Allen Memorial Hospital Steve Fisher - Kansas Medical Center David Zorn - Frontier Refinery W. Brock Lowman - BNSF Railway, Co. T.C. Pyle - Frontier Refinery/Towanda Fire Sharon Ivey - Mears Fertilizer Capt. Charles Pinkston - The Salvation Army Capt. Kathleen Pinkston -The Salvation Army Seth Turner - Kansas Dept. of Wildlife and Parks Marla Cutsinger - SRS John Prather - Groendyke Transport Page 4 of 7

5 Dan Woydziak - Board of County Commissioners Randall Chickadonz - USD 394 Butler Co. School Supt s. Kent Bush - Augusta Gazette/El Dorado Times Ryan Mills - BNSF Railway Janice Powers - Butler County Health Department Scott Smith - Sherwin Williams Kelly Herzet - Butler County Sheriff s Department Bob Buckingham - BG Products Gary Willhite - Savage Services Bryon Allen - Savage Services Kristina Helmer - Butler County Health Department Commissioner Harris motioned to approve the 2012 LEPC Roster. Commissioner Masterson seconded the motion. Motion carried 5-0. ITEM #9 CONSIDER APPROVAL TO ORDER REPLACEMENT MULTIFUNCTION COPIERS AT A COST NOT TO EXCEED $76, Scott Stoskopf, Computer Services Director, came before the Board for authorization for Computer Services to order replacement multifunction copiers at a cost not to exceed $76,204. In this area, there are two companies who sell and support Sharp products. They are DocuForce and Galaxie. The DocuForce quote was $679 lower for the base hardware and supports hardware. They were also lower on the large mc503n copiers by $545 each. These units are what will most likely be needed as additional units over the next two years. DocuForce was also cheaper on the cost per copy on the color units. Mr. Stoskopf recommended purchasing the new units from DocuForce because of the long-term savings and to avoid splitting up or the renegotiation of the County s support agreement. After discussion, the Board agreed to allow an additional replacement copier for the County Clerk Office at the cost of $7, bringing the total cost to a not to exceed amount of $84, Commissioner Harris motioned to allow Computer Services to order replacement multifunction copiers at a cost not to exceed $84, from DocuForce. Commissioner Wheeler seconded the motion. Motion carried 5-0. Commissioner Masterson took the opportunity to ask Mr. Stoskopf questions regarding voucher payments for computer related hardware. ITEM #10 RECEIVE AND OPEN BIDS FOR PICK-UPS AND A MID-SIZE SUV FOR THE HIGHWAY DIVISION, ENGINEERING DIVISION, FACILITIES MANAGEMENT, AND THE PLANNING & ZONING DEPARTMENT Mike Craft, Public Works, came before the Board on behalf of Darryl C. Lutz, P.E., Director of Public Works, to receive and open bids for pick-ups and a mid-size SUV for the Highway Division, Engineering Division, Facilities Management Department and the Planning & Zoning Department. The Department of Public Works will tabulate and evaluate the bids and make a report back for recommendation on purchases. Mr. Craft noted that Parks Motors of Augusta declined to submit a bid. The Board acknowledged that bids were received from the following companies: John K. Fisher, El Dorado, KS, and Ford of Augusta, Augusta, KS. Due to the complexity of the bids, they were not read into the record. Commissioner Masterson motioned to accept the bids received for the 1 ½ ton truck chassis, 2 ¾ ton pick-ups and 1 ¾ cab & chassis for the Highway Division, 1 mid-size SUV for the Engineering Division, 1 ½ ton pick-up for the Facilities Management Division and 1 ½ ton pick-up for the Planning & Zoning Department and direct the Department of Public Works to Page 5 of 7

6 tabulate and evaluate the bids and to return at a later time with a recommendation for action. ITEM # 11 CONSIDER APPROVAL OF THE REVISION TO THE 2012 BUTLER COUNTY HOLIDAYS Will Johnson, Jr., County Administrator, came before the Board for approval of the revisions to the 2012 Butler County Holidays Schedule. Mr. Johnson stated that the Butler County Employees voted by a 2-1 margin to forego the President s Day Holiday in February and take Christmas Eve as a Holiday in The Board reviewed the revised schedule and concurred with the recommendation. Commissioner Harris motioned to approve the revised 2012 Holiday Schedule. Commissioner Masterson seconded the motion. Motion carried 5-0. ITEM #12 CONSIDER APPROVAL OF THE 2012 LEGISLATIVE AGENDA Will Johnson, County Administrator, came before the Board for approval of the 2012 Legislative Priorities. They are as follows: 1. Support KDOT funding for systems upgrades to State Communications System 2. Allow Counties to have a position on Abates that occur in their County 3. Support uniform funding of Community Colleges statewide to equalize the impact from regional institutions 4. Environmental Impacts from Ozone & Range Burning 5. Support the reinstatement of revenue sharing to local governments from the Local Ad Valorem Reduction (LAVTR) fund and the city-county revenue sharing fund 6. Support changes to taxation of watercraft in the State of Kansas to prevent registration and titling out of state The Board will be meeting with the Legislators at 7:00 p.m. on Wednesday, January 25 th in Topeka. Commissioner Harris motioned to approve the 2012 Legislative Agenda. Commissioner Wheeler seconded the motion. Motion carried 5-0. APPROVAL OF VOUCHERS Commissioner Masterson motioned to approve the vouchers for January 24, 2012, in the amount of $183, Commissioner Woydziak seconded the motion. Motion carried 5-0. COMMISSION ADDS & ABATES Commissioner Masterson motioned to approve Adds & Abates #2515 dated January 24, 2012; Adds in the amount of $9, and Abates in the amount of $37, Commissioner Harris seconded the motion. Motion carried 5-0. OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS Commissioner Harris attended the Holly Frontier Community Meeting on Monday, January 23 rd. He noted that it was very informational. Page 6 of 7

7 Commissioner Wheeler distributed a brochure to the Board to provide them with information regarding El Dorado, Inc. Commissioner Wheeler noted the Republican Party Precinct Committee Meeting to be held on Thursday, January 26 th at 6:30 p.m. at Lakepoint in Augusta. Commissioner Harris will be attending. Commissioner Wheeler noted the Annual Butler County Soil Conservation District Meeting and Dinner to be held on February 2 nd. Commissioner Harris will be attending. Commissioner Woydziak reported on the Youth Leadership Butler Graduation. Their project this year was to get the D.A.R.E. program reinstated. A survey was conducted among seniors, juniors, sophomores, freshman and faculty. Over 68% of those surveyed wanted the program back. The group met with the Sheriff and it was determined that it would require $10,000 to accomplish this task. The group has risen a little over $6,000 so far and have plans in place to raise the additional amount needed. Commissioner Woydziak invited Ron Roberts, County Clerk, and Abbe Carson, Deputy County Clerk, to come before the Board to convey their concerns regarding HB 2176 and HB2126. Mr. Roberts informed the Board that the canvassing dates for the 2012 General Election are scheduled to fall on either Monday, November 12 th or Thursday, November 15 th. Mr. Roberts reminded the Board that the Monday was a scheduled holiday in honor of Veteran s Day and that Thursday was during the KAC Convention to be held in Topeka. After discussion, it was the consensus of the Board to hold the canvassing on Monday, November 12, Administrator Johnson noted that the Farm Bureau Annual Dinner would be held on March 20 th at 6:00 p.m. Administrator Johnson reminded the Board of the Road Viewing to be held on Tuesday, January 31 st. He stated that breakfast would be at 6:45 a.m. at the Triangle in Douglass. Otherwise, please be at the Triangle by 7:30 to meet and go to the site or arrive at the site by 7:45 for the Viewing. Administrator Johnson updated the Board on the vicious dog hearing. The Hearing Board determined that the dog was not vicious as the child only received Neosporin as treatment at the Kansas Medical Center. However; the Hearing Board did order that the dog would be confined in the presence of the child. No appeal of this decision was received by the deadline given. Administrator Johnson reminded the Board to meet at the Courthouse at 4:45 to leave for Topeka on Wednesday, January 25th. The meeting with the Legislators is to be held at 7:00 p.m. ADJOURNMENT Commissioner Woydziak motioned to adjourn the meeting of the Board at 11:31 a.m. Page 7 of 7

BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, April 24, 2012

BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, April 24, 2012 CALL TO ORDER Commission Chairman Dan Woydziak called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner