October 6, 2003

BOARD OF FRANKLIN COUNTY COMMISSIONERS

The Board of Commissioners met in a regular session with Chairman John E. Taylor and Commissioners Fred E. Ferguson, Donald C. Hay and Donald E. Waymire present.  

The meeting was called to order by Chairman Taylor at 8:30.

Larry Walrod discussed rezoning application filed by Rauf Waheed to rezone approximately 10.2 acres from R-E to C-2 at I-35 and Idaho Rd.  Larry said a protest petition has been filed and requires a 4/5 vote by the County Commissioners.  A traffic safety study has been conducted and a letter was received by the County Appraiser Steve Brown about impact of commercial development at Homewood exit.  Larry stated that the Planning Commission recommended approval.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 03-103 approving the rezoning of a tract of land located in Section 35, Township 17, Range 18 and owned by Rauf Waheed from R-E to C-2.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Leroy Wasmund to rezone approximately 20 acres from A-1 to R-E near the intersection of Ellis Rd. and Nebraska Rd.  Larry stated that the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Waymire seconded to approve Resolution No. 03-104 approving the rezoning of a tract of land located in Section 30, Township 18, Range 20 and owned by Leroy Wasmund from A-1 to R-E.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Linda Lawrence to rezone approximately 40 acres from A-1 to A-2 located about ¼ mile West of Utah Rd. on the North side of Sand Creek Rd.  Larry said the purpose for the rezoning is to divide a tract that has been inherited by two parties.  Larry stated that the Planning Commission recommended approval.

Commissioner Ferguson moved and Commissioner Hay seconded to approve Resolution No. 03-105 approving the rezoning of a tract of land located in Section 18, Township 16, Range 21 and owned by Linda Lawrence from A-1 to A-2.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Mark Weigand to rezone approximately 10 acres from A-1 to R-E located about ½ mile West of Louisiana Rd. on the North side of Jackson Rd.  Larry said the purpose for the rezoning is to permit refinancing.  Larry stated that the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 03-106 approving the rezoning of a tract of land located in Section 28, Township 17, Range 19 and owned by Mark Weigand from A-1 to R-E.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Mike McClain to rezone approximately 80 acres from A-1 to R-E to permit a residential subdivision.  The property is located at the intersection of John Brown Rd. and Virginia Terr.  Larry said he received a letter from RWD #6 that they will serve the proposed subdivision.  Larry stated that the Planning Commission recommended approval.

Commissioner Ferguson moved and Commissioner Waymire seconded to approve Resolution No. 03-107 approving the rezoning of a tract of land located in Section 10, Township 18, Range 21 and owned by Mike McClain from A-1 to R-E.  All voted “yes.”

Larry Walrod discussed rezoning application filed by William Clancy to rezone approximately 9.4 acres from R-E to I-1 to permit the relocation of Mages Veterinary Clinic.  The property is located about a ½ mile South of Osborne Terr. on the North side of K-68 Hwy. and East of I-35.  Larry stated that the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 03-108 approving the rezoning of a tract of land located in Section 29, Township 16, Range 20 and owned by William Clancy from R-E to I-1.  All voted “yes.”

Larry Walrod discussed a request from David Williams with the US Environmental Protection Agency, requesting permission to access the former Lohman property in Peoria to take some additional samples of the contaminated area and possible start the clean up the first part of next year.

Commissioner Waymire moved and Commissioner Ferguson seconded to allow Chairman Taylor to sign a consent access to permit the United States Environmental Protection Agency to enter onto the property located at 2762 Tennessee Rd.   All voted “yes.”

JoEllen Arnold with the Franklin County 4-H introduced Scott Swank, Ashley Guenther, Jessica Coen and Billie Stovall to the Board.

Chairman Taylor read a proclamation to kick off National 4-H week starting October 5 through October 11.

Larry Walrod discussed revisions of the County Subdivision Regulations.  Larry said that the Commissioners could refer the revised regulations back to the Planning Commission to re-evaluate the minimum lot size of subdivided lots or tracts to less than 20 acres and to review the water supply and to re-evaluate amending the sanitation codes, so both the subdivision codes and sanitation codes match with the same amount of acres required.

Commissioner Hay moved and Commissioner Waymire seconded to refer the revised subdivision regulations back to the Planning Commission to possibly reduce the minimum lot size down to 10 acres and permitting water to be hauled.  All voted “yes.”

Gene Rieder of 4202 Kentucky Terr. said that the dust control that he paid for has already been torn up and asked why.  Board told him that when the road gets bad they have to tear it up.  Mr. Rieder said he was not contacted prior to the tear up and said he would think since he paid for it that is the least the county could have done that.  Mr. Rieder also said that there was nothing wrong with the portion of the road that had the application on it.  Board told Mr. Rieder that they would talk to Ray DeJulio about it.  Mr. Rieder said that the oil dust control that was done last year in front of Shari Perry’s house was not bad last year and it was torn up.  Shari Perry agreed and said it was better than the rest of the road north of her and all the pot holes.

Commissioner Hay moved to rock Ardyce Wilsons road from the North road to the South road.  Died for lack of second.

Commissioner Waymire said he didn’t think the Commissioners should make decisions about where rock should go.

Ray DeJulio said that if his maintainer operator feels that the road is a danger to the public they have been told they can tear up the dust control.  Chairman Taylor said that property owners that have paid for the applications need to be notified first.  Ray said if the road was bad they would just put up barricades until the owner could be notified.  Chairman Taylor said that the road he lives on has had ruts in it since it rained last.  Ray said that there is one less motor grader district and that the other districts all have more area to cover.

Shari Perry said she has been told that the dust control that she paid for this year will not be torn up before she is contacted.  She also said that Louisiana Rd. has over 300 vehicles on it a day and had ruts in it after the last rain.  Ray DeJulio said that the maintainer operator had been working on Tennessee Rd. preparing it for chip seal next year and could not blade his district during that time.

Chairman Taylor opened a public hearing at 10:00 relating to a proposal to vacate a portion of Clark Rd. between 1500 Idaho Rd. and 1900 Iowa Rd.

Mr. Penson said he didn’t have a problem with vacating the road, but would like some work done to one of the culverts and the grade graded on more time.  He said he spoke with David Bones and he didn’t have a problem with closing the road.

With no other comments Chairman Taylor closed the road at 10:05.

Board asked Ray DeJulio to prepare a Resolution to vacate that portion of Clark Rd. between 1500 Idaho Rd. and 1900 Iowa Rd.

Commissioner Waymire moved and Commissioner Ferguson seconded to go into an executive session at 10:05 for 10 minutes until 10:15 for attorney client privileges with Board and Blaine Finch present.  All voted “yes.”  Chairman Taylor opened the meeting at 10:15 and reported no action taken, no decisions made.

Commissioner Waymire moved and Commissioner Hay seconded to go into an executive session at 10:15 for 10 minutes until 10:25 for attorney client privileges with Board and Blaine Finch present.  All voted “yes.”  Chairman Taylor opened the meeting at 10:25 and reported no action taken, no decisions made.

Commissioner Hay moved and Commissioner Ferguson seconded to pay Full Bright Sign and Lighting $1,650 for work done on sign for Annex.  All voted “yes.”

Chairman Taylor opened a public hearing at 10:30 relating to a proposal to vacate a portion of Jackson Drive beginning 1,420 East of Nebraska Rd. and proceeding to the river.

Mr. Kruger said he has no problem with closing the road.

Jim Ferguson said he would like the culvert to be replaced so he can get in the field a little better.  Ray DeJulio said they looked at the culvert and it didn’t need to be replaced. 

Mr. Kruger said he would like for the road to be graded to his driveway.

With no other comments Chairman Taylor closed the public hearing at 10:33.

Commissioner Hay asked Mr. Kruger if he needed gravel to his driveway and Mr. Kruger said it would be nice.

Mr. Kruger asked what he could do about his neighbor’s cows getting out.  Blaine Finch said that he would need to contact an attorney.

Board asked Ray DeJulio to prepare a Resolution to vacate that portion of Jackson Drive beginning 1420 East of Nebraska Rd. and proceeding to the river.

Commissioner Waymire moved and Commissioner Ferguson seconded to appoint Commissioner Stottlemire as the voting delegate and Chairman Taylor as the alternate for the KWORCC 2003 annual meeting and any special meetings.  All voted “yes.”

Commissioner Waymire moved and Commissioner Ferguson seconded to appoint Commissioner Hay as the voting delegate and Chairman Taylor as the alternate for matters pertaining to KCAMP.  All voted “yes.”

Board discussed proposal from Don McMican and asked Blaine Finch to contact him.

Commissioner Hay moved and Commissioner Waymire seconded to approve the minutes for October 1, 2003.   All voted “yes.”

Ray DeJulio discussed a release agreement for Enbridge Pipeline for work done on property adjacent to Elm Street while moving gas line.

Commissioner Waymire moved and Commissioner Hay seconded to sign a release agreement between Enbridge Pipeline and Franklin County.  All voted “yes.”

Ray DeJulio discussed reimbursement on a maintenance bond for work done on roads in Shawnee Estates in the amount of $20,000 which the county will receive, because the roads failed and had to be rebuilt.

Commissioner Hay moved and Commissioner Ferguson seconded to sign a mutual general release between Terry L. Moyer and Franklin County for a maintenance bond in the amount of $20,000.  All voted “yes.”

Ray DeJulio discussed upgrading of the railroad crossing on Sand Creek Rd. just east of US 59 Highway.  Ray said the counties portion to upgrade with concrete and steel/rubber would be $3,725, he said the money would be well spent and recommended the upgrade.

Commissioner Waymire moved and Commissioner Ferguson seconded to upgrade the railroad crossing on Sand Creek Rd. at a cost to the county in the amount of $3,725.  All voted “yes.”

Commissioner Hay said the County is looking at a very aggressive road project and thinks the County needs to hire an engineer.  Chairman Taylor said that the budget for next year is done and that we didn’t budget for an engineer.  Ray DeJulio said we will have the money if the County is approved for the revolving funds.  Ray DeJulio said he would be retiring in January of 2005 and has submitted his retirement notice to the Clerk’s Office today.

Ray DeJulio discussed posting speed limit signs on Shawnee Rd. between K-33 and Vermont Terr.  Ray said that an engineering study has to be completed prior to installing speed limit signs and that Cook, Flatt and Strobel did a study and has concluded that no speed limit sign is warranted.

Ethel Wallace discussed the Juvenile Detention Center 3^rd Quarter report.  Ethel also discussed the need for new flooring covering in the day room of the Detention Facility, but said she may need to put it off because of the need for a new copier.  The Clerk said the IT Department is looking into a new copier for her office and maybe the Juvenile Detention Center could purchase the Clerk’s old copier and still get the floor covering done also.

Roger Maxwell with Kansas State Bank in with lease agreement for motor grader financing.

Commissioner Ferguson moved and Commissioner Hay seconded to sign a lease purchase agreement with Kansas State Bank of Ottawa for the financing of a motor grader.  All voted “yes.”

Barbara Conus discussed that the Ottawa Family Physicians has decided to start providing Kan Be Healthy physicals.  Barbara said this could cause the Health Department to loss up to $14,000 per year.  Barbara also discussed starting to bill insurance companies for children’s vaccines, when the child has insurance.  Board agreed to start billing when insurance is available for the vaccines.  Barbara asked about charging county employees the $15 co-pay and billing the county health insurance company for vaccines to county employee’s children.  Shari Perry suggested looking into paying the Health Department out of the employee benefit plan for vaccines and not running them through the counties health insurance or charging the $15 co-pay to the employee.  Board asked her to look into it and get back with them.

Board reviewed suggestions from suggestion boxes.

With no further discussion the meeting was adjourned at 12:14.

          __________________________________                                   _____________________________________

                                    Clerk                                                                                                     Chairman