July 11, 2007

BOARD OF FRANKLIN COUNTY COMMISSIONERS

Chairman Roy C. Dunn called the meeting to order at 8:30 a.m.

Roll Call: Chairman Roy C. Dunn present, Commissioner Donald R. Stottlemire present, Commissioner Donald C. Hay present, Commissioner John E. Taylor absent and Commissioner Karen S. Farrell present.

Chairman Dunn asked all in attendance to join the Pledge of Allegiance.

Invocation by Fred Martin.

Debra Aubert 430 Idaho Rd Williamsburg discussed flooding problems on their property, because of water flow being changed.

Della Sandgren 2408 Brushcreek Dr. Lawrence discussed real estate fair market values and spending.

Commissioner Stottlemire moved and Commissioner Hay seconded to approve the consent agenda as follows: minutes for June 27, July 2, July 6 and July 9, 2007, tax change orders 2006-301 and 2006-307 through 2006-319 and payroll for May 21^st through June 20^th in the amount of $877,508.12.  All voted “yes”.

Harold Mayes with Agler & Gaeddert discussed 2006 audit.

Commissioner Stottlemire moved and Commissioner Farrell seconded to approve the 2006 audit as prepared by Agler & Gaeddert.  All voted “yes”.

Chairman Dunn opened a public hearing at 9:14 to hear and consider comments to open a 765 foot portion of Delaware Rd. North of Labette Rd.

David Murphy 3978 Iowa Lane Ottawa and property owner requesting that private drive be dedicated to the County and become a County road, discussed he is trying to sell the property and people are only wanting to purchase the house or the land not all of it together and if it were split both pieces would not have access to a public road. 

C.J. Shepheard 1818 Colorado Rd. Pomona discussed that it has always been a private drive and not a county road and does not want county money spent on it.

Jim Haag said the landowner would pay all of the expense of opening it as a county road if approved.

Linda Kane 2668 Delaware Rd. Pomona read a letter about extending Delaware Rd North of Labette Rd and that they were extremely opposed.

Della Sandgren 2408 Brushcreek Dr. Lawrence discussed if landowner wants it open they should bear all of the costs.

With no further comments, Chairman Dunn closed the public hearing at 9:25.

Board discussed accepting private drive and it being a county road.

Commissioner Stottlemire moved and Commissioner Farrell seconded to table any decision to open 765 feet of Delaware Rd. north of Labette Rd. until a later date.  All voted “yes”.

Brenda Gunther with Ottawa University and Greg Vahrenberg with Piper Jaffery requested that the County issue $14 million in non-general obligation bonds for Ottawa University.

Commissioner Hay moved and Commissioner Farrell seconded subject to review of County Counselor to approve request and issue bonds up to $14 million for Ottawa University.  All voted “yes”.

Doug Harris discussed change order request #1 from Mid-Continental Restoration Co., Inc. for the Courthouse Restoration Project in the amount of $20,817.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve change order request #1 for the Courthouse Restoration Project in the amount of $20,817.  All voted “yes”.

Keith Clark discussed appointing Tonia Salvini to the Fourth Judicial District Community Corrections Advisory Board.

Commissioner Hay moved and Commissioner Farrell seconded to appoint Tonia Salvini to the Fourth Judicial District Community Corrections Advisory Board.  All voted “yes”.

Keith Clark discussed the Kansas Department of Corrections’ FY2008 budget summary and narrative in the amount of $376,008.35 and the FY2008 reimbursement budget summary and narrative in the amount of $28,659.90.

Commissioner Stottlemire moved and Commissioner Farrell seconded to approve the Kansas Department of Corrections’ FY2008 Budget Summary and Narrative in the amount of $376,008.35 and the Kansas Department of Corrections’ FY2008 Reimbursement Budget Summary and Narrative in the amount of $28,659.90.  All voted “yes”.

Larry Walrod discussed final plat for Keaton Estates Subdivision application #0705-753 filed by Jonathan Johnson located at the intersection of Utah Rd. and Ellis Terr on the North side of Ellis Terr and on the East side of Utah Rd.

Commissioner Stottlemire moved and Commissioner Farrell seconded to authorize the Chairman to endorse the Final Plat for Keaton Estates Subdivision accepting all easements and rights of way.  All voted “yes”.

Larry Walrod discussed Special Use Permit application #0705-757 for Bill Smith, Jr. located on the South side of Stafford Rd. between Indiana Terr and Iowa Rd.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve Resolution No. 07-042 approving a Special Use Permit for Bill Smith, Jr. to permit the operation of an Auto Repair Shop in a C-2 Zoning District with eight conditions located in Section 30, Township 15, Range 19.  All voted “yes”.

Larry Walrod discussed rezoning application #0704-742 for Dora Ann Lingo to rezone approximately 10 acres from A-1 to RE located on the North side of Osborne Terr and East of Indiana Rd.

Commissioner Stottlemire moved and Commissioner Farrell seconded to approve Resolution No. 07-043 rezoning approximately 10 acres owned by Dora Ann Lingo from A-1 to RE located in Section 30, Township 16, Range 19.  All voted “yes”.

Larry Walrod discussed rezoning application #0705-754 for Orville Flager to rezone approximately 22.12 acres from A-1 to A-2 located on the North side of Labette Rd between Florida Rd and Georgia Rd.

Commissioner Hay moved and Commissioner Farrell seconded to approve Resolution No. 07-044 rezoning approximately 22.12 acres owned by Orville Flager from A-1 to A-2 located in Section 10, Township 17, Range 18.  All voted “yes”.

Chairman Dunn discussed that the Tauy Bridge Committee is requesting that a request for proposal from engineering firms be done to determine the cost of restoring the bridge.

Commissioner Hay moved and Commissioner Stottlemire seconded to solicit request for proposals to determine the cost of restoring the Tauy Bridge.  All voted “yes”.

Larry Walrod discussed naming a new frontage road that will be constructed by KDOT along the East side of the new alignment of US-59 Highway from Stafford Rd. to Shawnee Rd.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve Resolution No. 07-045 waiving the County road name and addressing system as set forth in Resolution 90-26 and establish Missouri Drive as the name for the new frontage road from Stafford Rd South to Shawnee Rd in Section 26, Township 15, Range 19 and .  All voted “yes”.

Jim Haag discussed setting a public hearing to consider vacating Haskell Rd from just past the driveway at 4734 Haskell Rd to 4850 Haskell Rd.  The landowners are requesting the vacation.

Commissioner Stottlemire moved and Commissioner Farrell seconded to set a public hearing for July 25^th at 9:00 am for the purpose of hearing comments regarding the vacation of Haskell Rd. from just past the driveway at 4734 Haskell Rd to 4850 Haskell Rd.  All voted “yes”.

Jim Haag discussed an agreement with Taylor Design Group for the preparation of plans and construction observation of the 2007 Chip Seal Maintenance Project of 40 miles in the amount of $3,500 for the preparation of plans and an hourly rate plus expenses for the construction observation.

Commissioner Hay moved to table any decision until other proposals are received from other engineering firms.  Died for lack of second.

Commissioner Stottlemire moved and Commissioner Farrell seconded to table any decisions on the 2007 Chip Seal Maintenance Project of 40 miles until other proposals are received.  All voted “yes”.

Jim Hag discussed Fence Viewers recommendation and the assessing the costs in viewing the fence between 203 Alabama Rd in Section 14, Township 19, Range 17.

Commissioner Farrell moved and Commissioner Stottlemire seconded to accept the recommendation of the Fence Viewers for the fence between 203 Alabama Rd as follows: Mr. Carter is obligated to pay one-half of the cost of the partition fence in the amount of $714.25 to Mr. Eversoll and be assigned the future maintenance of one-half of the fence and Mr. Carter and Mr. Eversoll shall pay $11.25 each which is one-half of the cost of the fence viewing.  All voted “yes”.

Commissioner Hay moved and Commissioner Stottlemire seconded to approve payment request #18 for the Elizabeth Layton Center CDBG Project in the amount of $197,330.88.  All voted “yes”.

Craig Davis discussed contracting with USD 287 for a School Resource Officer for the 07-08 school year.   Board agreed to support the SRO position for USD 287.

Jim Haag discussed that a portion of Labette Terr and a portion of Idaho Rd. are still closed due to the flooding and road repairs needing to be done.

Commissioner Farrell moved and Commissioner Stottlemire seconded to waive the purchasing policy and proceed with fixing Labette Terr and Idaho Rd.  All voted “yes”.

Commissioner Hay moved and Commissioner Stottlemire seconded to go into an executive session for 5 minutes at 11:22 for attorney client privileges on pending litigation with Board and Lisa Johnson present.  All voted “yes”.  Chairman Dunn opened the meeting at 11:27 and reported no action taken, no decisions made.

Commissioner Stottlemire moved and Commissioner Farrell seconded to adjourn the meeting at 11:30.  All voted “yes”.

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                                          Clerk                                                                                             Chairman