May 3, 2004

 

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, Donald R. Stottlemire and Donald E. Waymire present.  

 

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

 

Larry Walrod discussed special use application filed by Andrew Spisak to construct and operate an Animal Chiropractic School and Clinic.  Property is located south of Shawnee Rd, East of Virginia Rd.  The previous special use permit that was approved expired in July 2003 due to over a year lapse and a lack of construction.  Larry said the Planning Commission recommended approval. 

 

Commissioner Stottlemire moved and Commissioner Hay seconded to approve Resolution No. 04-34 approving a special use permit to permit the operation of an animal chiropractic school and veterinarian clinic located in Section 3, Township 16, Range 21with the following 10 conditions: 1) That the animal chiropractic school be limited to a maximum of 55 students per scheduled course.  2) That the students for the chiropractic school shall be limited to licensed chiropractors and /or veterinarians.  3) That all structures used in conjunction with the chiropractic school shall comply with the County Building Codes and Permits.  4) That no portion of the chiropractic school or clinic shall encroach into the floodplain as identified on the Franklin County, Kansas Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency, June 3, 1991.  5) That sanitation facilities shall comply with the Franklin County Sanitation Code and any requirements of the Kansas department of Health and Environment.  6) That a minimum of thirty-two (32) parking spaces be provided to serve the school and clinic.  Such parking shall be on an all weather surface and each parking space shall be at least nine (9) feet in width and twenty (20) feet in length exclusive of access drives.  7) Access to the school/clinic facility shall comply with the standards of the Franklin County Public Works Department.  8) Prior to the construction of the school/clinic facility the applicant shall provide evidence to the Planning Department that an adequate safe water supply is available.  9) Identification signs shall be permitted but not to exceed 20 square feet.  10) That the Special Use Permit shall be null and void by operation of law if the Special Use Permit has not been initiated and utilized by commencing the activity or use at the site specified in said permit within one (1) year of the date of approval.  All voted “yes.”

 

Larry Walrod discussed rezoning application filed by Steve Hayden and owned by Gardner Hayden, Jr. to rezone approximately 10 acres from a 106.5 acre tract from A-1 to R-E.  The property is located near the intersection of Eisenhower Rd. and Shawnee Rd. on the South side of Shawnee Rd.  Larry said the Planning Commission recommended approval.

 

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 04-35 rezoning approximately 10 acres located in Section 2, Township 16, Range 19 and owned by Gardner Hayden, Jr. from A-1 to R-E.  All voted “yes.”

 

Larry Walrod discussed rezoning application filed by Hughes Family Limited Partnership to rezone approximately 10 acres from A-1 to R-E.  The property is located near the intersection of Riley Rd. and Tennessee Rd. on the south and on the west side of Tennessee Rd.  Larry said the Planning Commission recommended approval.

 

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 04-36 rezoning approximately 10 acres located in Section 11, Township 16, Range 20 and owned by Hughes Family Limited Partnership from A-1 to R-E.  All voted “yes.”

 

Larry Walrod discussed rezoning application filed by Mike Brigdon and owned by Karl Grant to rezone approximately 20 acres from A-1 to A-2.  The property is located near the intersection of Texas Rd. and Rock Creek Rd.  Larry said the Planning Commission recommended approval.

 

Commissioner Hay moved and Commissioner Waymire seconded to approve Resolution No. 04-37 rezoning approximately 20 acres located in Section 30, Township 17, Range 21 and owned by Karl Grant from A-1 to A-2.  All voted “yes.”

 

Larry Walrod discussed rezoning application filed by Roger Scott to rezone approximately 57.3 acres from A-1 to A-2 and split it into two tracts.  Property is located near the intersection of Shawnee Rd. and Iowa Terr.  Larry said the Planning Commission recommended approval.

 

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-38 rezoning approximately 57.3 acres located in Section 5, Township 16, Range 13 and owned by Roger Scott from A-1 to A-2.  All voted “yes.”

 

Larry Walrod discussed a rezoning application filed by Jeffrey Price to rezone approximately 10 acres from A-1 to R-E.  Property is located near the intersection of Reno Terr. and Louisiana Rd.  Larry said the Planning Commission recommended approval.

 

Commissioner Stottlemire moved and Commissioner Hay seconded to approve Resolution No. 04-39 rezoning approximately 10 acres located in Section 9, Township 16, Range 19 and owned by Jeffrey Price from A-1 to R-E.  All voted “yes.”

 

Debbie Hough discussed that she has completed the necessary work to receive credit card payments for taxes.  She said the county will not incur any costs and payments are done through the website.

 

Jason Ryburn of 416 Maple Wellsville and a Wellsville Councilmember asked about the Homeland Security Money and the way it was divided.  Blaine Finch said the credit was divided to the City of Ottawa Police Department, City of Ottawa Fire Department, Franklin County Sheriff’s Department, Franklin County Ambulance Department and the Township Fire Departments.  Jason Ryburn asked why Wellsville and Richmond Police Departments didn’t get included.  Chairman Taylor and Commissioner Stottlemire said they think that the division of credit needs to be looked at some more.

 

Kurt Taylor a Wellsville Councilmember also voiced concerns about the division of credit for the Homeland Security Grant.

 

Board agreed to discuss the division of the Homeland Security Grant.

 

Jim Poe phoned with concerns about the nuisance resolution.  He said it was not needed in this county and that zoning was to protect agricultural property.  Jim said if the nuisance resolution is pushed through the county will have to hire 6 more people.  Mr. Poe still has concerns about the way his property was cleaned up.  Mr. Poe said this resolution needs to go to a vote of the people and we are opening a can of worms.

 

Blaine Finch discussed tax sale #31 and the sale of other properties that the county owes.  The four properties on tax sale #31 received bids in the amount of $14,809.28 and they had $5,269.98 owed.  The other eleven properties on the sale were properties that the county had received from previous tax sales and the county received bids in the amount of $40,840 and they had owed $88,057.27 which included the amount of the clean up of the Lohman property in Peoria.

 

Commissioner Hay moved and Commissioner Waymire seconded to accept the bids for tax sale #31 for the sale of 739 Cypress in the amount of $8,100, 119 S. Polar in the amount of $3,000, 614 Pontiac in the amount of $3,000 and 311 W. 3rd St., Lane in the amount of $709.28.  All voted “yes.”

 

Commissioner Hay moved and Commissioner Waymire seconded to accept the bids for the sale of county owed properties as follows: 424 S. Poplar in the amount of $5,100, 722 N. Mulberry in the amount of $10,100, 511 W. 2nd in the amount of $75, 1023 E. 9th in the amount of $900, 227 S. Oak in the amount of $7,500, 101 S. Cedar in the amount of $11,000, 724 N. Main in the amount of $850, 521 N. Cedar in the amount of $3,000, 2800 Florida Rd in the amount of $15, 332 S. Poplar in the amount of $400 and 2762 Tennessee Rd. in the amount of $1,900.  Commissioners Ferguson, Hay, Stottlemire and Waymire voted “yes.”  Chairman Taylor abstained, because he purchased one of the properties.

 

Mark Doty on behalf of Robert Dodson, Jr. discussed that he has been working on dividing a property owned by Mr. Dodson located East of Ottawa on Marshall Rd.  Mr. Dodson wants to sell a portion of the property with the existing easement for access to the property.  This division does not meet requirements of the zoning code, due to no direct access to a county road and not meeting the regulations for a lot split.  Board agreed to have Larry Walrod, Blaine Finch and Mark Doty discuss to resolving the problem.

 

Commissioner Stottlemire moved and Commissioner Waymire seconded to go into an executive session for 20 minutes at 10:35 for non-elected personnel with Board, Blaine Finch, Shari Perry and Barbara Conus present.  All voted “yes.”  Chairman Taylor opened the meeting at 10:45 and reported no action taken, no decisions made.

 

Barbara Conus discussed that she is back to a full staff of nurses and that Mary Ann Parkin will complete her work with the State as of June 30 and will be back working at the Health Department.

 

Board discussed the public hearing that was held on the nuisance resolution.  The resolution would streamline the process of enforcement by allowing a hearing before the Board of Commissioners instead of requiring a lawsuit.  Board asked Blaine Finch to make some changes to the draft resolution and then they will set another public hearing date.

 

Jason Parks discussed that Franklin County has 37 cell phones and we pay approximately $1,600 for the 37 phones per month.  Jason said he is not clear on what the Board wants him to do at this point with the cell phone policy.  Board agreed to have Blaine Finch and Jason Parks draft a cell phone policy based on the State of Kansas cell phone policy.

 

Chairman Taylor closed for lunch at 12:10.

 

Chairman Taylor opened the meeting at 1:10.  All present.

 

Commissioner Hay moved and Commissioner Waymire seconded to approve the minutes for April 28, 2004.  All voted “yes.”

 

Commissioner Waymire moved and Commissioner Ferguson seconded to approve and sign an agreement with Ben Flory dba Mr. Haul Away for the clean up of the King property in Centropolis in the amount of $2,200.  All voted “yes.”

 

Commissioner Stottlemire moved and Commissioner Ferguson seconded to approve payroll change 04-241 for Cal Shaffer with Public Works.  All voted “yes.”

 

Commissioner Hay moved and Commissioner Waymire seconded to approve tax order 2003-165.  All voted “yes.”

 

Commissioner Stottlemire moved and Commissioner Waymire seconded to approve Resolution No. 04-40 creating a fund for the collection of revenues and disbursement of expenditures for the maintenance of an Employee Benefit Plan.  All voted “yes.”

 

Commissioner Hay moved and Commissioner Waymire seconded to approve Resolution No. 04-41 to amend the Franklin County Personnel Rules and Regulations repealing Section 8.1(b) (iv) on page 23 and changing the requirement that vacation leave be taken in 4 hour increments to one hour increments.  All voted “yes.”

 

Commissioner Waymire moved and Commissioner Ferguson seconded to approve revised change order #3 for the Midland Railway Project.  All voted “yes.”

 

Commissioner Stottlemire moved and Commissioner Ferguson seconded to sign and approve an agreement between Franklin County and Bucher, Willis & Ratliff to assist the County in compiling data for an All-Hazards Response Capability Assurance planning process, training, reporting, documentation and procedures for sustaining improvements in the amount of $5,970.  All voted “yes.”

 

Blaine Finch discussed dividing the Homeland Security Grant monies with other agencies in Franklin County.  Board agreed that they liked the idea of the county retaining 40% or $78,000 and dividing the remaining $117,000 by population to the cities and townships in Franklin County.  Blaine is going to work up a spread sheet based on population figures for the Board approval.

 

Commissioner Waymire moved and Commissioner Ferguson seconded to go into an executive session for 10 minutes at 2:30 for non-elected personnel with Board, Blaine Finch and Shari Perry present.  All voted “yes.”  Chairman Taylor opened the meeting at 2:40 and reported no action taken, no decisions made.

 

Commissioner Waymire moved and Commissioner Ferguson seconded to go into an executive session for 15 minutes at 2:45 for non-elected personnel with Board, Blaine Finch, Shari Perry and Ted McCurdy present.  All voted “yes.”  Chairman Taylor opened the meeting at 2:50 and reported no action taken no decisions made.

 

With no further discussion the meeting was adjourned at 2:55.

 

 

 

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                                  Clerk                                                                                                     Chairman