BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, January 20, 2015 CALL TO ORDER Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Jeff Masterson, Commissioner Peggy Palmer, Commissioner Dan Woydziak, County Administrator Will Johnson, and Clerk Recorder Gayle Reiswig. Commissioner Myers was absent. APPROVAL OF MINUTES Commissioner Woydziak motioned to approve the minutes of the Butler County Commission meeting of Tuesday, January 13, 2015 with the amendment to correct the spelling of Bronnenberg in Item #9. Commissioner Palmer seconded the motion. Motion carried 4-0. Commissioner Myers arrived to the meeting. (00:01:13) PUBLIC COMMENTS Nancy Herring of 13155 SW 130 th, Rose Hill, approached the Board with a concern for drug testing for township equipment operating employees. This issue has become an ongoing question at the monthly meetings in Pleasant Township. The Board of County Commissioners stated the upcoming all-day training for townships will be Tuesday, March 17, 2015, at the Civic Center in El Dorado; policies for townships, including drug testing, will be covered at this county-wide instruction. Mrs. Herring added that the recall election process discussed in the January 13 th Board of Commissioner s meeting will take 3-6 months. (00:09:25) ITEM #1 DISCUSS AND MAKE A RECOMMENDATION TO THE CITY OF EL DORADO FOR A ZONING CHANGE APPLICATION ON PROPERTY LOCATED AT 4411 SW HWY 196 David Alfaro, Director of Community Development, came before the Board to request a zoning change from R-S, amended to Residential Suburban, to I1, Industrial Light on property located at 4411 SW HWY 196. A building permit was issued in 2013, through the County, for the construction of two fully-enclosed buildings at said location. The applicants, Mr. & Mrs. Smajlovic of Bel Aire, KS, are proposing to use the facilities for a commercial painting operation on municipal pools and city owned water towers. Miscellaneous painting projects would be provided within the confines of the 2 buildings. Mr. Alfaro provided an aerial view of the property to clarify boundaries of the property and roads. Scott Rickard, Director of the City of El Dorado Engineering Department, came before the Board to explain the City s support for the zoning change. The location of the property is within the extraterritorial jurisdiction of the City of El Dorado and therefore has gone under the review of the City. Due to the location in the proximity of other industrial activities, it is the Page 1 of 5
recommendation of city staff to approve the request. The County Planning Commission is also in agreement with this decision. Mr. Rickard noted that a neighbor to the facility did not have conflicts with the new painting business and was pleased to know that the trees would not be removed as a result of the change. The request for recommendation from the County Commission will be considered at the meeting of the City Planning Commission and the City Commission. There will also be a Public Hearing as part of the normal zoning change process. Commissioner Myers referenced the large range of homes within the vicinity of the request and stated that a zoning change has the potential to affect the value of adjacent properties. He added that a major geographical boundary such as a highway, as seen at this location, is a logical place to have a boundary between residential and industrial properties and that the near-by Industrial Park is not fully-occupied. Commissioner Myers also noted the reduced distance notification requirement for adjacent property owners; 200 feet for city requests compared to the 1,000 foot notification requirement for county zoning requests. He finished stating that he would not support this request. Commissioner Masterson and Commissioner Woydziak stated that with the information presented, they would support the zoning change. Commissioner Wheeler was in support with the acknowledgment that no painting will be done outside the parameters of the buildings. Commissioner Palmer does not have enough information to support the zoning change. Commissioner Woydziak motioned to approve the recommendation from the City of El Dorado on the request for a zoning change on property located at 4411 SW HWY 196 from Residential Suburban to Industrial-Light and direct Staff to pass such recommendation to the Staff of the City of El Dorado. Commissioner Masterson seconded the motion. Motion carried 3-2. Commissioner Myers and Commissioner Palmer were opposed. (00:38:00) ITEM #2 REQUEST THE APPROVAL TO PURCHASE FOUR (4) 2012 DODGE CHARGER PATROL VEHICLES FROM THE KANSAS HIGHWAY PATROL (KHP) FLEET SALES DIVISION Tony Wilhite, Undersheriff of Butler County, came before the Board for the approval to purchase four (4) 2012 Dodge Charger patrol vehicles in the amount of $67,600.00, $16,900.00/each, from the Kansas Highway Patrol Fleet Sales Division. Butler County provides law enforcement services to the City of Douglass and Towanda, KS; vehicles assigned to these areas are in need of replacement due to mileage. Used vehicles have been purchased from KHP in the past with all cars having less than 50,000 miles and the remainder of their factory warranties. Purchasing used vehicles will save the County approximately $30,400.00 compared to new purchases. The 2015 Sheriff Department Budget has included the purchase of 15 vehicles as part of its Capital Improvement Plan. The (4) vehicles requested for purchase are pre-wired and partially equipped with much of the equipment needed for police patrol. There is an estimated cost of $400 $500/each for Butler County decals. Commissioner Palmer approved the purchase of pre-owned vehicles and asked if these prices were close to blue book amounts. Administrator Johnson noted that the blue book for this car is $16,600.00. Mr. Wilhite added that Page 2 of 5
the $300 difference will cover the cost of the equipment that comes with each vehicle. Commissioner Masterson motioned to approve the Butler County Sheriff s Office to purchase four (4) 2012 Dodge Charger patrol vehicles from the Kansas Highway Patrol Fleet Sales Division. Commissioner Woydziak seconded the motion. Motion carried 5-0. Commissioner Wheeler asked Mr. Wilhite for an update to the progress in the Pleasant Township investigation. Mr. Wilhite talked to the detective last week and reported a hold up with the township audit due to the availability of records. For the last couple of weeks, the investigator covering the township has been solely committed to this activity. Investigators normally have total of (30) on-going investigations at any given time. (00:51:34) ITEM #3 CONSIDER APPROVAL FOR ENGINE REPAIRS ON A TANDEM AXLE DUMP TRUCK FOR THE PUBLIC WORKS DEPARTMENT Darryl Lutz, P.E., Director of Public Works, came before the Board for the approval of engine repairs on a 2009 Sterling tandem axle dump truck from Kansas Truck Center. The repair estimate is $6,151.23 which includes roughly $1,530.00 for troubleshooting and diagnosis to assure that the damage was not beyond repair. Commissioner Woydziak motioned to authorize engine repair work for a 2009 Sterling dump truck with Kansas Truck Center for the estimated cost of $6,151.23. Commissioner Myers seconded the motion. Motion carried 5-0. (00:55:50) ITEM #4 CONSIDER APPROVING AND ACCEPTING EASEMENTS FOR RIGHT- OF-WAY RELATED TO THE FOURMILE CREEK BRIDGE PROJECT ON SW BUTLER RD Darryl Lutz, P.E., Director of Public Works, came before the Board for the approval to accept easements for a right-of-way related to the Fourmile Creek Bridge project on SW Butler Rd south of Andover needed for proposed modifications on Cavalcade Lane. The County currently has a project under construction to replace the Fourmile Creek Bridge on SW Butler Rd and to widen the road for approximately 3,000 feet south from the south side of Harry St. Following completion of design and during negotiations and acquisitions, the County was asked to move the side road intersection with Cavalcade Lane north to accommodate joint access for the current Cavalcade Lane and to provide access to a median crossover. Due to the kind of traffic in this area, the County agreed to support the modification but is withholding the change until the project was put out to bid. The owner of the property will be dedicating the required easements without any cost to the County. The cost of a connecting roadway between the current Cavalcade Lane and the proposed new location will be paid 80% federal and 20% local funding. Commissioner Myers requested a total cost estimate. Mr. Lutz noted that staff is working with the contractor and KDOT to provide an estimate. He added that it is projected to be less than $10,000.00. Commissioner Woydziak has visited with Nies Investments noting their support for the modification. Commissioner Woydziak motioned to approve the acceptance of the dedication of an easement for a permanent road right-of-way and a temporary easement from Nies Investments related to Page 3 of 5
proposed Cavalcade Lane modifications for Project #8 N-0549-01, the Fourmile Creek Bridge project on SW Butler Rd. south of Andover and authorize the Chair to sign the dedication acceptance for each tract. Commissioner Masterson seconded the motion. Motion carried 5-0. (01:00:30) RECESS Commissioner Wheeler recessed the Board meeting at 10:00 a.m. for 5 minutes. RECONVENED Commissioner Wheeler reconvened the Board meeting at 10:05 a.m. (01:01:00) ITEM #5 WORK SESSION: INTERLOCAL AGREEMENTS WITH CITIES Interlocal agreement between Butler County Kansas and the City of Augusta, Kansas providing for the regulation of the use of land within territory designated as the growth area of the City of Augusta. Interlocal agreement between Butler County Kansas and the City of El Dorado, Kansas providing for the regulation of the use of land within territory designated as the growth area of the City of El Dorado. Butler County Director of Community Development David Alfaro, City of Augusta Manager Josh Shaw, and Director of the City of El Dorado Engineering Department Scott Rickard addressed the Board during discussion. No action was taken. Administrator Johnson recommended continuing this Work Session on Tuesday, February 17, 2015 allowing cities to acquire additional information. Commissioner Woydziak left the meeting at 10:40 a.m. (01:39:40) ITEM #6 WORK SESSION: OUT-OF-STATE TRAVEL POLICY There was discussion about the type of out-of-state reports to be supplied to the Commission. Administrator Johnson will supply a monthly out-of-state travel report, via email, to the Commissioners. No action was taken. (02:02:58) VOUCHERS Commissioner Myers motioned to approve the vouchers for January 20, 2015, in the amount of $279,332.49. Commissioner Masterson seconded the motion. Motion carried 4-0. COMMISSION ADDS & ABATES Commissioner Myers motioned to approve Adds & Abates #2544 dated January 20, 2015; Adds in the amount of $0.00 and Abates in the amount of $2,360.96. Commissioner Palmer seconded the motion. Motion carried 4-0. (02:04:15) Page 4 of 5
OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS Commissioner Masterson stated that he did not receive a copy of the January 20, 2015 vouchers prior to the meeting. Administrator Johnson noted that voucher memos were not received this week. Commissioner Wheeler stated the El Dorado Inc. annual meeting is Thursday, January 22, 2015. The El Dorado Chamber of Commerce annual meeting is Monday, January 26, 2015. Commissioner Palmer requested a new seating arrangement for the Board of County Commissioners. Administrator Johnson stated that the lease has expired for Fire District #1 in Andover. The City of Andover is requesting to take over ownership and management of the building. (02:14:33) ADJOURNMENT Commissioner Palmer motioned to adjourn the meeting of the Board at 11:19 a.m. Commissioner Myers seconded the motion. Motion carried 4-0. Page 5 of 5