December 13, 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.

Commissioner Stottlemire moved and Commissioner Hay seconded to approve a transfer of $105.66 from Noxious Weed to Road & Bridge.  All voted “yes.”

Larry Walrod discussed a rezoning application filed by Bob Hiles to rezone approximately 10 acres from A-1 to R-E.  Property is located near the intersection of Clark Road and Nevada Road on the South side of Clark Rd.  Larry stated the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve Resolution No. 04-108 approving the rezoning of approximately 10 acres owned by Bob Hiles from A-1 to R-E located in Section 8, Township 19, Range 20.  All voted “yes.”

Larry Walrod discussed a rezoning application filed by Rick Leach to rezone approximately 10 acres from A-1 to R-E and to rezone approximately 30 acres from A-1 to A-2.  Property is located between Kingman and Labette Roads on the West side of Idaho Road.  Larry stated the Planning Commission recommended approval.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-109 approving the rezoning of approximately 10 acres from A-1 to R-E and to rezone approximately 30 acres owned by Rick Leach from A-1 to A-2 located in Section 14, Township 17, Range 18.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Donald Davidson to rezone approximately 10 acres from A-1 to R-E.  Property is located on the North side of Hamilton Road between Alabama and Arkansas Roads just east of the Osage/Franklin County line.  Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Ferguson seconded to approve Resolution No. 04-110 approving the rezoning of approximately 10 acres from A-1 to R-E owned by Donald Davidson located in Section 2, Township 18, Range 17.  All voted “yes.”

Larry Walrod discussed rezoning application filed by Richard Fowler to rezone approximately 40.1 acres from A-1 to R-E and to rezone approximately 5.77 acres from A-2 to R-E and to rezone approximately 2.58 acres from R-E to A-2.  Property is located near the Northwest corner of the intersection of Shawnee Terrace and Vermont Road on the North side of Shawnee Terrace on the West side of Vermont Road.  Larry stated the Planning Commission recommended approval.

Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-111 approving the rezoning of approximately 40.1 acres from A-1 to R-E and to rezone approximately 5.77 acres from A-2 to R-E and to rezone approximately 2.58 acres from R-E to A-2 owned by Richard Fowler located in Section 32, Township 15, Range 21.  All voted “yes.”

Larry Walrod discussed a Special Use Permit application filed by Lori Ishmael to operate an in home State Certified Kitchen for the sale of home baked goods.  The State Certified Kitchen would be located in the proposed addition of a seconded kitchen to the existing residence located at 3623 Nevada Road.  Larry said they have recommended five conditions to the Special Use Permit and the Planning Commission recommend approval.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve Resolution No. 04-112 approving a Special Use Permit application filed by Lori Ishmael to operate a State Certified Kitchen for the sale of home baked goods located in Section 21, Township 16, Range 16 with the following five conditions: 1) The applicant shall obtain and adhere to any licensing requirements of the State of Kansas for a Certified Kitchen facility, 2) That all Sanitation facilities shall comply with the Franklin County Sanitation code and any requirements of the Kansas Department of Health and Environment, 3) That the applicant shall obtain appropriate building permits for any new construction or re-construction, 4) That the State Certified Kitchen facility shall be owner operated and there shall be no other employees and 5) 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 Janice Madl to rezone approximately 10 acres from A-1 to R-E.  Property is located between Woodson and Thomas Roads on the East side of Ohio Road.  Larry stated the Planning Commission recommended approval. 

Commissioner Hay moved and Commissioner Waymire seconded to approve Resolution No. 04-113 approving the rezoning of approximately 10 acres from A-1 to R-E owned by Janice Madl located in Section 22, Township 15, Range 20.  All voted “yes.”

Larry Walrod discussed final plat filed by George Wingert, Jr. for Eagle View Estates Subdivision-Phase I to create 4 single family residential lots.  Property is located between Thomas Road and Stafford Terr.  Larry stated the Planning Commission recommended approval.

Commissioner Hay moved and Commissioner Ferguson seconded to accept the easements and right of ways for Eagle View Estates-Phase I.  All voted “yes.”

Commissioner Hay moved and Commissioner Ferguson seconded to approve the minutes for December 8, 2004.  All voted “yes.”

Blaine Finch discussed the purchase of natural gas.  Board asked Blaine to have a person with the company selling the natural gas come in and talk to them.

Becky Ortega discussed bereavement policy and bridging of service.

Commissioner Waymire moved and Commissioner Stottlemire seconded to approve Resolution No. 04-114 clarifying the section in the Personnel Rules and Regulations section dealing with employee access to personnel files.  All voted “yes.”

Becky Ortega requested that the Human Resources personnel become members of the Kansas Counties Human Resources Association and the Ottawa Personnel Association.  The cost for KCHRA would be $50 per person at a cost of $100 total.  The cost of membership for OPA is anticipated to be less than $100.

Commissioner Waymire moved and Commissioner Hay seconded to allow the Human Resources Department to join the Kansas Counties Human Resources Association and the Ottawa Personnel Association.  All voted “yes.”

Commissioner Stottlemire moved and Commissioner Hay seconded to approve payroll change 04-373 for Justin Morris with Juvenile Detention.  All voted “yes.”

Commissioner Stottlemire moved and Commissioner Waymire seconded to go into an executive session for 15 minutes at 10:15 for non-elected personnel with Board, Becky Ortega and Blaine Finch present.  All voted “yes.”  Chairman Taylor opened the meeting at 10:30 and reported no action taken, no decisions made.

Commissioner Stottlemire moved and Commissioner Waymire seconded to go into an executive session for 10 minutes at 10:30 for non-elected personnel with Board, Becky Ortega and Blaine Finch present.  All voted “yes.”  Chairman Taylor opened the meeting at 10:32 and reported no action taken, no decisions made.

Chairman Taylor presented Alan Radcliffe with a certification of Emergency Management.  Alan has completed all of the necessary training.

Rodney Burns with Hutinett, Scholtterbeck and Burns discussed an engagement letter for budget preparation assistance and an audit engagement letter for the year ending 2004.

Commissioner Hay moved and Commissioner Waymire seconded to approve the Engagement Letter for Budget Preparation Assistance and Audit Engagement Letter for the year ending 2004 with Hutinett, Scholotterbeck and Burns.  All voted “yes.”

Commissioner Waymire moved and Commissioner Ferguson seconded to go into an executive session for 5 minutes at 10:55 for attorney client privileges with Board and Blaine Finch present.  All voted “yes.”  Chairman Taylor opened the meeting at 11:00 and reported no action taken, no decisions made.

Blaine Finch discussed his renewal engagement letter for services for 2005.

Commissioner Waymire moved and Commissioner Ferguson seconded to extend the services of Robert W. Green Chartered for 2005 for legal services.  Commissioners Hay and Stottlemire voted “no.”  Commissioner Stottlemire requested to have a date of review.  Chairman Taylor and Commissioners Ferguson and Waymire voted “yes.”

Jim Haag discussed a bike race request that he received to use a portion of Ohio Road for the 2005 Baldwin City bike race.  The event is sanctioned by the United States Cycling Federation and will be fully insured and Franklin County will receive a certificate of insurance.

Commissioner Hay moved and Commissioner Waymire seconded to approve the request to use a portion of Ohio Road for the 2005 Baldwin city Bike Race.  All voted “yes.”

Jim Haag discussed that he would like Jeff Welton to attend the Kansas Arborists Association Workshop so he can keep his certification.

Commissioner Hay moved and Commissioner Stottlemire seconded to allow Jeff Welton to attend the Kansas Arborists Association Workshop on January 21, 2005.  All voted “yes.”

Jim Haag discussed that the Kansas Department of Transportation has forwarded the agreement for the installation of a railroad crossing signal at Iowa Rd and the Burlington Northern and Santa Fe tracks.

Commissioner Hay moved and Commissioner Stottlemire seconded to sign the agreement between Franklin County and the Kansas Department of Transportation for the installation of a railroad crossing signal at Iowa Rd on the Burlington Northern and Santa Fe tracks.  All voted “yes.”

Blaine Finch discussed an agreement with Don & Nellie Davis for rock on their driveway entrance.

Commissioner Stottlemire moved and Commissioner Hay seconded to approve an agreement between Franklin County and Don & Nellie Davis for their driveway entrance.  Blaine will prepare the agreement for the Board to sign.  All voted “yes.”

Blaine Finch discussed the tax abatement fee schedule and will present a draft to the Board next week.

With no further discussion the meeting was adjourned at 11:45.

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                                        Clerk                                                                                                      Chairman