BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, April 26, 2016

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1 BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, April 26, 2016 CALL TO ORDER Commission Chairman Jeff Masterson called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Ed Myers, Commissioner Peggy Palmer, Commissioner Mike Wheeler, Commissioner Dan Woydziak, County Administrator Will Johnson, and Clerk Recorder Gayle Reiswig. INVOCATION Pastor Kelly Benton from the Leon Christian Church presented the invocation. APPROVAL OF MINUTES Commissioner Myers motioned to approve the minutes of the Butler County Commission meeting of Tuesday, April 19, 2016 with the amendment in Item #6 changing the words will be to were. Commissioner Woydziak seconded the motion. Motion carried 5-0. (00:02:24) PUBLIC COMMENTS There were no public comments. (00:02:40) ITEM #1 WORK SESSION IPS CUP REVIEW Will Johnson, County Administrator, addressed the Board about the conclusion of the 60-day clean-up for Integrated Plastic Solutions (IPS) at 420 N. Industrial Rd., El Dorado, KS. Photos were provided to the Commission by staff. Community Development Director David Alfaro has been the County s contact person for the clean-up. He communicated his recommendation to allow extra time for further clean-up. Commissioner Woydziak viewed the property from the road and noted that fencing is in continued need of repair or replacement and old forklifts still need to be removed. Everything should be contained with no visibility from outside the property. He supported a 60-day extension and also suggested forgoing biweekly reports. Commissioners Masterson, Myers, and Palmer also supported the extension. Mr. Alfaro will remain in contact with IPS during the additional time. Commissioner Wheeler was not in support of the extension. Representatives from the City of El Dorado were present. Legal representative for the City of El Dorado, Jim Murfin stated the City s approval of the extended deadline. Richard Smith, landowner at the IPS facility, came before the Board to clarify a property boundary discrepancy between the business and the City of El Dorado. He explained his history at the location since 1970 and provided an Affidavit of Scrivener s Error to the Board which he believed stated that the property belonged to IPS. Commissioner Masterson noted that he was unfamiliar with scrivener s error and its affect to the situation. Mr. Murfin approached the Board and noted that the issue remains unresolved through the Register of Deeds Office. The City did not receive the information as presented by Mr. Smith. Commissioner Wheeler offered his copy of the affidavit to Mr. Murfin. Mr. Smith added that this issue was addressed and to his belief rectified with the City Manager of El Dorado when the CUP was originally initiated. He stated Page 1 of 6

2 that the IPS boundary was a straight line from the east point to the west point without a dog-leg property line formation as the City is currently seeing it. Commissioner Woydziak motioned to extend for (60) days or until June 28 th for the review of the Conditional Use Permit (CUP) with Integrated Plastics Solutions (IPS), for IPS to continue working with County Staff to assure that the conditions pointed out are met, and to report the events of the clean-up to the Board of County Commissioners on Tuesday, June 28, Commissioner Myers seconded the motion. Motion carried 4-1. Commissioner Wheeler opposed. (00:19:12) ITEM #2 CONSIDER APPROVAL OF THE REQUEST FOR A MORTGAGE LOT SPLIT WITH AGRIGULTURAL PRESERVATION OVERLAY (APO) ON PROPERTY OWNED BY CHRIS AND KAREN WELLBROCK LOCATED AT SW 130 TH AND SW SANTA FE LAKE ROAD AND AUTHORIZE THE CHAIR TO SIGN Eric Triplett, Community Development Building Official, came before the Board for approval of a request from Chris and Karen Wellbrock for a 10-acre mortgage lot split and APO on approximately 30 acres zoned AG-40 located at SW 130 th and SW Santa Fe Lake Rd. in Pleasant Township. The change will allow for the construction of a single family residence. Notifications were mailed to all residents within 1,000 with no response. The Planning Commission approved the request with a 5-0 vote. Land surveyor Roger Cutsinger, agent for the property owner, was present for questions. Commissioner Woydziak motioned to approve the request for a Mortgage Lot Split and APO on property owned by Chris and Karen Wellbrock located at SW 130 th and SW Santa Fe Lake Rd. and authorized the Chair to sign. Commissioner Palmer seconded the motion. Motion carried 5-0. (00:21:37) ITEM #3 CONSIDER APPROVAL OF THE REQUEST FROM MASON GREENE FOR A CHANGE IN ZONING CLASSIFICATION FROM AG-40 TO RESIDENTIAL ESTATE (RE) AND DIRECT THE CHAIR TO SIGN RESOLUTION #16-09 Eric Triplett, Community Development Building Official, came before the Board for approval of a request from Mason Greene for a change in zoning classification from AG-40 to RE on approximately 20 acres of a 104 acre tract located at NE 10 th St. on NE HWY 177, El Dorado in Prospect Township. The rezone will allow the applicant the opportunity to sell the 20 acres to his sister for the construction of a single family residence. The remaining 84 acres will remain AG- 40. Notifications were mailed to all residents within 1,000 with no response. The Planning Commission approved the request with a 5-0 vote. Land surveyor Roger Cutsinger, agent for the property owner, was present for questions. Commissioner Wheeler motioned to approve the request from Mason Greene for a change in zoning classification from AG-40 to Residential Estate (RE) and authorized the Chair to sign Resolution # Commissioner Palmer seconded the motion. Motion carried 5-0. Page 2 of 6

3 (00:24:12) ITEM #4 CONSIDER APPROVAL OF THE REQUEST BY WESTAR ENERGY/VIRGINIA DENTON FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW FOR THE CONSTRUCTION OF A NEW ELECTRICAL SUBSTATION LOCATED AT 9130 N PARALLEL ST., TOWANDA AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION #16-10 Eric Triplett, Community Development Building Official, came before the Board for approval of a request from Westar Energy for a CUP to rebuild an electrical substation at the general location of 9130 NW Parallel St., Towanda, in Fairview Township. Ms. Virginia Denton owns a 17 acre tract of land zoned Rural Residential (RR) and is working with Westar through an Option to Purchase Agreement for a new electrical substation. The new unit will accommodate an increased load and present more reliable electrical service to Butler County and the surrounding area. Katie Walbridge, Westar Civil Engineer, came before the Board to note that the new substation would replace an existing one; a demolition plan is in place for the old unit. It is undetermined at this time if there will be any need to reroute high-lines; easement issues will be addressed if needed. Most of the homes in that area were constructed after the original substation was in place. The Planning Commission met on April 5, 2016 where the CUP request was approved with a 5-0 vote. Staff mailed notifications to all residents within 1,000 of the property with no response. As per Section , the Planning Commission may revoke the CUP upon the following findings: a.) If no building permit is required for the use allowed under the CUP or if the use has not been commenced within twelve (12) months of the approval of the CUP, or twelve (12) months following the final resolution of any litigation pertaining to the issuance of a CUP (whichever is later). b.) Applicant must agree to a Road Maintenance Agreement if requested by both Towanda and Fairview Townships as well as Butler County. c.) Failure to abide by these conditions shall be deemed to be sufficient cause to revoke the Conditional Use Permit. Commissioner Myers motioned to approve application CU #16-02, a request by Westar Energy/Virginia Denton for a Conditional Use Permit, to allow for the construction of a new electrical substation on property located at 9130 NW Parallel St., Towanda, KS, with the above noted conditions and authorized the Chair to sign Resolution # Commissioner Woydziak seconded the motion. Motion carried 5-0. (00:33:35) ITEM #5 WORK SESSION SENIOR CENTER MEAL PROGRAM Crystal Noles, Department on Aging, came before the Board to discuss the County s Senior Center Meal Program supported by Butler County by Aging Projects, Inc. (API) through the organization Central Plains Area Agency on Aging (CPAAA). API incorporated the Red Cross model for service delivery in Butler, Sedgwick, and Harvey Counties, using a central kitchen in Wichita, then shipping the food to outlying areas. With this process, Butler County is experiencing an insufficient number of meals at too low of temperatures, plus the lack of staff for distribution. Senior Center Directors are filling staff positions and meals are being reheated and divided. Cindy Beard, Augusta Senior Center, was present in support of a solution to the problem. Senior Center Directors have voiced concerns to the API Director, the CPAAA Program Manager, and CPAAA Director and no improvements have been seen. An excess of Page 3 of 6

4 $600,000 is paid for this service each year. There was discussion to partner with the hospital or local nursing homes for food services. Commissioner Palmer noted her support for a change, It is about nutrition and getting together for a pleasant experience. For many senior citizens, this is their only provided meal. The Commission suggested immediate action. On Tuesday, April 12, 2016, the Commissioners attended a luncheon at the El Dorado Senior Center; it was well below standards. The Department on Aging was commended for the efforts but at this point, further communications on this problem will come from the Board of County Commissioners. Administrator Johnson will draft a letter to be presented to the Board for approval on May 3, The State matches 25% of grant totals for these services. They will also be notified of these unacceptable services. Augusta Senior Center Board President and API Board Member John Cox approached the Board to note experiences he has encountered with API. The next open board meeting for the organization is May 20, 2016, at Two Brothers Bar-B-Que, 8620 W. Central, Wichita. Commissioner Palmer will be attending. No action was taken. Ms. Noles invited the Commissioners to the Department on Aging s 2016 Spring Fling, Wednesday, May 4, 2016, at the following three El Dorado locations; Civic Center, Community Building, and Senior Center. Admission is free. (00:55:18) RECESS Commission Chairman Masterson recessed the Board meeting at 9:55 a.m. for 8 minutes. RECONVENE Commission Chairman Masterson reconvened the Board meeting at 10:03 a.m. (00:55:25) ITEM #6 CONSIDER APPROVAL OF THE 13 th DISTRICT COMMUNITY CORRECTIONS FY2017 COMPREHENSIVE PLAN, LINE ITEM, AND BUDGET SUMMARIES AND ALLOW THE CHAIR TO SIGN Chuck McGuire, Community Corrections, came before the Board for approval of the 13 th District Community Corrections FY2017 Comprehensive Plan and Budget for supervision of assigned adult offenders. The Kansas Department of Corrections (KDOC) has approved a FY2017 allotment amount of $381,925 to the agency, pending approval of the plan. Mr. McGuire noted that an average of 200 offenders is managed per year. He described various implementations that contribute to the agency s goal of 75% successful discharges. Commissioner Palmer commended Mr. McGuire for the efforts of the Corrections Department. Commissioner Woydziak motioned to approve the 13 th District Community Corrections KDOC FY2017 Comprehensive Plan, Line Item, and Budget Summaries and authorized the Chair to sign. Commission Wheeler seconded the motion. Motion carried 5-0. (01:14:16) ITEM #7 CONSIDER APPROVAL OF THE FY TH DISTRICT COMMUNITY CORRECTIONS BEHAVIORAL HEALTH SERVICES AND BUDGET SUMMARIES AND ALLOW THE CHAIR TO SIGN Chuck McGuire, Community Corrections, came before the Board for approval of the FY2017 KDOC Behavioral Health Services Grant request. Funds are used by Community Correction Page 4 of 6

5 Agencies statewide to obtain needed services provided by local mental health centers for indigent offenders assigned to Community Corrections for supervision. The funding amount request for FY2017 is $10,395 with no County match. Commissioner Woydziak motioned to approve the 13 th District Community Corrections FY2017 Behavioral Health Services Grant and Budget Line Item request for submission to KDOC and authorized the Chair to sign the request to be forwarded to the KDOC. Commission Palmer seconded the motion. Motion carried 5-0. (01:20:07) ITEM #8 CONSIDER APPROVAL TO ADOPT A RESOLUTION TO ENLARGE THE BOUNDARIES OF SEWER DISTRICT #17 IN BEAUMONT Will Johnson, County Administrator, presented Resolution #16-12 to the Board for approval. The document authorizes the expansion of boundaries of Butler County Sewer District #17 near Beaumont. A 100% petition was presented to the Board of Commissioners on April 12, 2016 to enlarge the existing sewer district boundaries to include four tracts south of SE 116 th Terr. on former railroad right-of-way and allows a connection to the new Beaumont Community Building. Legal Counsel advised staff that 100% petitions do not require public hearings. Commissioner Wheeler motioned to approve Resolution #16-12 authorizing the expansion of boundaries of Sewer District #17 in Beaumont and authorized the Chair to sign the resolution. Commissioner Woydziak seconded the motion. Motion carried 5-0. (01:21:17) ITEM #9 RECEIVE AND FILE THE 2016 FIRST QUARTER FINANCIAL REPORT Ryan Adkison, Assistant County Administrator/Financial Director presented the 2016 First Quarter Financial Report to the Board. Commissioner Woydziak motioned to receive and file the 2016-Q1 Financial Report. Commissioner Myers seconded the motion. Motion carried 5-0. (01:47:22) ITEM #10 WORK SESSION CAPITAL IMPROVEMENT PLAN (CIP) WORKSHOP Ryan Adkison, Assistant County Administrator/Financial Director presented the County Capital Improvement Plan to the Board for discussion. The following departments were present and available to answer budget questions from the Commission. No action was taken. Administration Clerk s Office Computer Services Emergency Communications EMS GIS/Mapping Facilities Management Sheriff s Department (03:45:21) VOUCHERS Commissioner Woydziak motioned to approve vouchers for April 26, 2016, in the amount of $276, Commissioner Wheeler seconded the motion. Motion carried 5-0. Page 5 of 6

6 (03:45:41) COMMISSION ADDS & ABATES Commissioner Woydziak motioned to approve Adds & Abates #2602 dated April 26, 2016; Adds in the amount of $ and Abates in the amount of $ Commissioner Wheeler seconded the motion. Motion carried 5-0. (03:46:05) OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS Administrator Johnson presented the Detention Officer Retention Incentive Program to the Board. It has been reviewed by the County Sheriff and will be brought back to the Commission as a work session. Commissioner Palmer suggested inserting the criteria for the policy s purpose. A list of Sunlight Children s Advocacy & Rights Foundation (SCARF) activities was given to the Board. The City of El Dorado has requested to come before the Board to discuss commercial projects that are denied the Neighborhood Revitalization Program (NRP). It was noted that any modifications to NRPs require approval from the State s Attorney General. The City of Augusta s NRP will come before the Board soon. The City of Andover notified the County about an annexation of (2) 18-acre parcels on Kellogg. (03:56:39) ADJOURNMENT Commissioner Woydziak motioned to adjourn the meeting of the Board at 1:04 p.m. Commissioner Wheeler seconded the motion. Motion carried 5-0. Page 6 of 6