BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, April 25, 2017

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1 BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, April 25, 2017 CALL TO ORDER Commission Chairman Jeff Masterson called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Marc Murphy, Commissioner Ed Myers, Commissioner Mike Wheeler, Commissioner Dan Woydziak, County Administrator Will Johnson, and Clerk Recorder Chelsea McClure. INVOCATION Pastor Norman Tillotson, Palmyra Baptist Church, Benton, presented the invocation. APPROVAL OF MINUTES Commissioner Murphy motioned to approve the minutes of the Butler County Commission meeting for Tuesday, April 18, 2017 as written. Commissioner Myers seconded the motion. Motion carried 4-0. Commissioner Woydziak abstained due to his absence last week. (00:01:48) PUBLIC COMMENTS David Alfaro, Community Development Director, came before the Board and updated the Commission on Lynbrooke Sporting Clays shoot that was held over the past weekend. At the April 18 th Commission meeting, the Board felt it was acceptable to have Community Development monitor Lynbrooke Sporting Clays shoot; in order to bring them into compliance with their current Conditional Use Permit (CUP). After Community Development monitored two shoots, their report stated there was no shot fall on the west side property line. Mr. Alfaro felt Lynbrooke Sporting Clays was now under compliance with their current CUP and felt comfortable to let Lynbrooke move forward with the proposed expansion. Mr. Alfaro stated staff would notify everyone within 1,000 feet of the property of the meeting and start the process over. The Board of County Commissioners felt the existing CUP was now in compliance and came to the consensus to move forward with considering the proposed CUP. (00:07:58) ITEM#1 HOMESTEAD LOT SPLIT WITH APO FOR ANTHONY HARTNESS AT SW DIAMOND RD, AUGUSTA, KANSAS David Alfaro, Community Development Director, came before the Board for approval of a request from Anthony Hartness for a Homestead Lot Split with APO on property located at SW Diamond Road, Augusta. Mr. Hartness requested to split out the Homestead into a 9.3 acre tract of land and place an APO over 30.7 acres. Staff mailed notices to all landowners within 1,000 feet and received no comments. The Board received an aerial view depicting the request. Commissioner Woydziak motioned to approve the homestead lot split with APO for Anthony Hartness at SW Diamond Rd Augusta, Kansas, and directed the Chair to sign the APO. Commissioner Murphy seconded the motion. Motion carried 5-0. Page 1 of 6

2 (00:11:38) ITEM#2 REQUEST FOR MORTGAGE LOT SPLIT WITH APO ON 80 ACRES BY JERED WUNDERLICH AND THOMAS BLAIR ON PROPERTY LOCATED AT SE COLE CREEK, ATLANTA, KS David Alfaro, Community Development Director, came before the Board for approval of a request for mortgage lot split with APO on 80 acres by Jered Wunderlich and Thomas Blair on property located at SE Cole Creek Road, Atlanta, Kansas. Mr. Blair owns 158 acres and proposed to split 10 acres of the land and place an APO on 70 acres of the remaining property. If the request is approved, Mr. Wunderlich would construct a new home on the 10 acres. Staff felt the request met all of the required criteria and the request was approved by the Planning Commission by a 5-0 vote. Letters were sent out to all landowners within a 1,000 feet radius and received no comments. Commissioner Woydziak motioned to approve the request for a mortgage lot split with APO on 80 acres by Jered Wunderlich and Thomas Blair on property located at SE Cole Creek, Atlanta, KS and directed the Chair to sign. Commissioner Wheeler seconded the motion. Motion carried 5-0. (00:16:09) ITEM #3 REQUEST FOR HOMESTEAD LOT SPLIT WITH APO FROM CHARLES CAVE ON PROPERTY LOCATED AT 1730 SE PRICE RD., EL DORADO, KS David Alfaro, Community Development Director, came before the Board for a request for a 5 Acre Homestead lot split with a 35 acre APO from Charles Cave on property located at 1730 SE Price Road, El Dorado, KS. Mr. Cave requested to put an APO on 35 acres of a tract of land that contains 65 acres. Staff stated the property met the necessary criteria and recommended approval. All property owners located within a 1,000 feet radius were notified and staff didn t receive any comments. Commissioner Woydziak motioned to approve a request for homestead lot split with APO from Charles Cave on property located at 1730 SE Price Rd, El Dorado, KS. Commissioner Murphy seconded the motion. Motion carried 5-0. (00:19:17) ITEM #4 CONDITIONAL USE PERMIT REQUEST BY SHANNON HETTENBACH FOR AN EVENT PAVILION AT 1001 SW 140 TH, LEON, KS David Alfaro, Community Development Director, came before the Board to request approval of a Conditional Use Permit (CUP) requested by Shannon Hettenbach for an Event Pavilion at 1001 SW 140 th, Leon, Kansas. Ms. Hettenbach owns 93 acres of land and proposed to build an event center that would accommodate up to 150 seated guests with an outdoor patio that would allow an additional 50 patrons. The property is currently zoned AG-80 and is located on a Township maintained road in Bloomington Township. The CUP would allow for the construction of a Barn Type Structure for the hosting of weddings, graduations, family reunions, club meetings as well as community events. The Planning Commission heard the case on April 4 th ; several neighbors attended and had many concerns such as, vehicle traffic, rodeos, and the noise of each event. The applicant assured the Planning Commission and the neighbors that the events wouldn t have a negative impact on the township and they would shut down any music at 11 p.m. on the weekends, and 8 p.m. on weeknights. Mr. Alfaro stated the Bloomington Township Treasurer felt there wasn t a true need for a Road Maintenance Agreement. The Planning Commission Page 2 of 6

3 approved the request by a 5-0 vote. Commissioner Myers expressed concerns regarding the proposed CUP such as the size of the event center, utilities at the location, the times of events, parking, traffic on the township roads, and the rodeo events. Commissioner Myers felt they needed more information included in the CUP regarding parking at the event and regarding rodeo event specifications. Mr. Alfaro stated the Planning Commission didn t feel the need to include all of the specifications into the CUP. Francis Sowers, Bloomington Township Trustee, addressed the Board with concerns of traffic on township roads. Mr. Sowers felt the event pavilion would cause problems on township roads and would be expensive for the township to maintain, especially during bad weather. Mr. Sowers wanted to avoid littering and dumping trash on the roads. Mr. Alfaro noted the Planning Commission members didn t anticipate damage to the road due to additional traffic. Ms. Hettenbach addressed the Board to address questions and concerns of the Board. Commissioner Woydziak inquired about the time frame of the event pavilion. Ms. Hettenbach stated she hoped to be in use by January Commissioner Myers asked Ms. Hettenbach if she had reservations to add conditions specifically restricting rodeos to the CUP. Ms. Hettenbach stated she didn t feel the need to add a restriction to the CUP as it currently stands. Commission Chairman Masterson stated he is fine with the CUP in its current form. Commissioner Murphy motioned to approve the request from Shannon Hettenbach for a CUP to construct an event pavilion at 1001 SW 140 th, Leon, KS allowing them to hold events with the placement of the following conditions and direct the Chairman to sign Resolution All amplified outdoor music will cease no later than 11 p.m. on weekends and 8 p.m. during weekday events. 2. Owner/Staff member must be present at all times during an event. 3. Events will be limited to Weddings, Graduations, Reunions, Corporate, Club and Community Events. Commissioner Woydziak seconded the motion. Motion carried 4-1. Commissioner Myers opposed. (00:51:03) ITEM #5 COMMUNITY CORRECTIONS APPROVAL OF FY2018 KANSAS DEPARTMENT OF CORRECTIONS BEHAVIORAL HEALTH SERVICES PLAN & BUDGET Chuck McGuire, Community Corrections Director, came before the Board for approval of the FY2018 Kansas Department of Corrections Behavioral Health Programs, interventions Funding Budget Summary and Narrative for the 13 th District Community Corrections Agency. Funds are obtained by local agencies via a grant funding request. The funds are used by community corrections agencies statewide to obtain needed services provided by local mental health centers for indigent offenders assigned to community corrections for supervision and to assist in preventing revocation from community corrections supervision and placement into a KDOC custody facility. The funding amount request for FY2018 is $11,410. The funds would be used to purchase services at the South Central Mental Health Counseling Center for assigned indigent offenders in FY2018 who would need mental health services & medications. There is no local match for these funds, or any other local tie-in requirement. Mr. McGuire stated the offenders who received behavioral health treatment in the last 4 years had an 88% success rate and felt the plan saves the state money in the long run, due to the cost of incarcerating an inmate. Page 3 of 6

4 Commissioner Wheeler motioned to approve the Commission Chairman Masterson to sign the FY th District Community Corrections Behavioral Health Services Plan & Funding Request and that it be forwarded to the Kansas Department of Corrections. Commissioner Woydziak seconded the motion. Motion carried 5-0. (00:57:37) ITEM #6 COMMUNITY CORRECTIONS FY2018 KDOC ADULT COMPREHENSIVE PLAN & BUDGET Chuck McGuire, Community Corrections Director, came before the Board to have the Commission review and consider for approval the 13 th District Community Corrections KDOC FY2018 Comprehensive Plan & Budget for supervision of assigned adult offenders. The agency comprehensive plan is submitted annually to KDOC. The plan is necessary in order to secure funding from KDOC for the supervision of adult felony offenders assigned to this agency by the 13 th District County. The plan is also approved for submission to KDOC by the 13 th District Joint Corrections Advisory Board. It is submitted to the KDOC by May 1 st of each year. Based on the goals, objectives, number of offenders supervised and discharge/revocation rates, KDOC will make the determination to approve to distribute the funds allotted to this agency for FY2018, which is July 1, 2017 June 30, These funds are tracked and expenditures and balances would be logged in the FY2018 KDOC fiscal workbook. Financial reports are submitted quarterly. These particular funds are used specifically for adult supervision operations. KDOC has approved an FY2018 allotment amount of $406, to this agency, pending approval of the FY2018 Comprehensive Plan. Mr. McGuire stated Butler County has a total of 190 offenders. Commissioner Woydziak motioned to approve FY2018 KDOC Adult Comprehensive Plan & Budget and allow the Chair to sign. Commission Chairman Masterson seconded the motion. Motion carried 5-0. (01:08:28) RECESS Commission Chairman Masterson motioned to recess the Board for 7 minutes at 10:08 a.m. Commission Chairman Masterson reconvened the meeting at 10:15 a.m. (01:08:35) ITEM # BRIDGE DECK REPAIR PROJECTS AWARD OF CONTRACT Darryl Lutz, Director of Public Works, came before the Board for the award of the bid for two planned 2017 bridge deck repair projects in Butler County. The bridges ready for repairs are the Constant Creek Bridge on the Southwest Trafficway near the north entrance to the refinery and the Cole Creek Bridge on NE 110th St. The bridge repair work will be bid under 2 separate contracts, however, the bidders would have the option of tying the projects together. Bids were received and opened by the Butler County Commissioners on April 18 th. After tabulating the bids, staff determined the lowest bidder was Reece Construction Company, Scandia, Kansas, who also tied their bids together. Bid information is available upon request. Commissioner Myers motioned to approve the award of contracts to Reece Construction Company, Inc., Scandia, KS for 2017 bridge deck repair work for Project # BR 10C6-26-5(17), Constant Creek Bridge on Southwest Trafficway, in the low bid amount of $129, and Page 4 of 6

5 for Project # BR9N9-24-6(17), Cole Creek Bridge on NE 110 th St., in the low bid amount of $147, and to authorize the Chairman to sign the Notice of Award for each project respectively. Commissioner Wheeler seconded the motion. Motion carried 5-0. Mr. Lutz stated the Stone Arch Bridge had been opened and he would be checking on the bridge as soon as possible. Mr. Lutz noted a cease and assist letter was sent to property owner Jeffrey Artz, regarding fence being built along County roads at the intersection of NW 80 th street, and NW Adams Road. Mr. Lutz gave the Board a copy of the response letter from Mr. Artz. Mr. Artz son, Jason Artz, lives in the vicinity of the fence location issues and Commissioner Myers met with him and discussed vacating a portion of the roads. Mr. Lutz stated if they would like to close the road they would need a petition signed by the neighbors. Mr. Lutz stated Plum Grove Township Board wanted the fence to be removed and the next course of action is in Plum Grove Township s hands. (01:40:19) ITEM #8 PROPOSED CIP Will Johnson, County Administrator, came before the Board to present the Commission with the proposed CIP, which totals $48,816,105 or $833,392 more than the prior year. Commissioner Myers asked about projects that come in over and under what is allocated in the CIP and requested to receive updates on those projects. Based on discussion by the Board of County Commissioners, they would be removing the driving simulator for EMS, EMA storage building, and digital signage from the CIP for the current year. Commissioner Woydziak motioned to approve the CIP with the modifications as directed by the Commission. Commissioner Murphy seconded the motion. Motion carried 5-0. (01:54:42) ITEM #9 WORK SESSION STRATEGIC GOALS Will Johnson, County Administrator, came before the Board for discussion on strategic goals. At the April 11 th Commission meeting, Administrator Johnson asked the Commission to review the Preferred Future for The Butler County Community handout and requested feedback from the Board. Administrator Johnson discussed changes made by staff to the Preferred Butler County Community and asked for feedback from the Board. Administrator Johnson noted the document could change as needed. No action was taken. (01:59:12) VOUCHERS Commissioner Woydziak motioned to approve vouchers for April 25, 2017, in the amount of $192, Commissioner Wheeler seconded the motion. Motion carried 5-0. (01:59:35) COMMISSION ADDS & ABATES Commissioner Woydziak motioned to approve Adds & Abates #2646 dated April 25, 2017; Adds in the amount of $0.00 and Abates in the amount of $9, Commissioner Murphy seconded the motion. Motion carried 5-0. (01:59:56) Page 5 of 6

6 OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS Administrator Johnson noted the Commission was asked to go to a meeting with Senator Givens and Representative Good at the Butler County Community College. Commissioner Woydziak noted he would be attending the KCCA Conference in Junction City, May 30 th - June 2 nd. Commissioner Wheeler attended his first REAP meeting last Thursday in Wellington, KS and stated it was very informative. (02:04:02) ADJOURNMENT Commissioner Woydziak motioned to adjourn the meeting of the Board at 11:11 a.m. Commissioner Wheeler seconded the motion. Motion carried 5-0. The Commissioners attended a luncheon at the El Dorado Senior Center following the meeting. Page 6 of 6