Meeting Information
4:00 p.m.
-Consider approval of the minutes for May 1, May 29, June 5, June 12, June 19, June 26, July 3, July 8, July 9, July 17, July 24, and July 31, 2013.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider acquisition of right of way for culvert 2.00N-4.20E (Keith Browning);
(c) Consider acquisition of right of way for culvert 0.50N-20.19E (Keith Browning);
(d) Consider authorization to accept material supply quote for precast concrete drainage structure Replacement of Structure No. 05.76N-15.50E (Terese Gorman);
(e) Consider authorization to solicit bids for Project No. 2013-14, Painting of Bridge Nos. 07.83N-17.50E and 19.00N-15.90E. The CIP includes $75,000 for painting Bridge No. 07.83N-17.50E and $120,000 for painting Bridge No. 19.00N-15.90E (Terese Gorman);
(f) Consider accessing the HGAC contract for Public Works equipment (Doug Stephens);
(g) Consider approval for Freedom's Frontier Heritage Area Pass Through Funding for Watkins Museum of History 2012 Final Grant Payment (Jeanette Blackmar).
REGULAR AGENDA
(2) Consider the private road approval action of a previous County Commission in 1998, to permit a private road to be created [N 411] Road. N 411 Road is along the west side of (old) Hwy 59, and the owner of record would now like a building permit for the parcel adjacent to Hwy 59.
Action requested: Direction/clarification to staff regarding the ability of this private road to serve the property it crosses over, in addition to the parcel it serves. [This is a question of unspoken intent in the BOCC minutes of the action taken in 1998.] (Linda Finger/Keith Browning)
(3) Consider approval of long-term System Upgrade Agreement II and Maintenance Services for the county's new Astro25 radio system with Motorola Solutions. (Scott Ruf)
(4) (a) Consider approval of Accounts Payable (if necessary)
(b) Appointments
(c) Public Comment
(d) Miscellaneous
(5) Adjourn
Gaughan called the regular meeting to order at 4:00 p.m. on Wednesday,
August 7, 2013, with all members present.
MINUTES 08-07-13
Gaughan moved approval for the following minutes: May 1, May 29, June 5, June 12, June 19, June 26, July 3, July 8, July 9, July 17, and July 24, 2013. Motion was seconded by Flory and carried 3-0.
CONSENT AGENDA 08-07-13
Gaughan moved approval of the following Consent Agenda:
► Acquisition of Easements for Project: 02000400; Structure No. 2.00N-4.20E; Tract 1 with : Patricia Cooper, Successor Trustee of the Harry B. Prim Trust dated October 1, 1004, Carbondale, KS; Matthew J. Prim, Trustee of the Matthew J. Prim Living Trust dated November 9, 2006, Overbrook, KS; and Matthew J. Prim, Attorney-in-fact for Pamela J. Leonard, Overbrook, KS. Tract 2 with: Daines Volgasts, Carbondale, KS.
► Acquisition of Easements for Project: 00502019; Structure No. .050N-20.19E; Tract 1 with: Richard F. and Beverly Colleen O'Neil, Wellsville, KS. Tract 2 with: Serrel W. and Diane S. Black, Overland Park, KS.
► Authorized the Public Works Director to execute the price quote from Cretex Concrete Products for the purchase of a 20'x10'x38 L.F. with two precast end sections in the amount of $127,500.00 for the replacements of Structure No. 05.76N-15.50E;
► Authorized the Public Works Director to solicit bids for Project No. 2013-14 for the painting of Structure Nos. 07.83N-17.50E and 19.00N-15.90E;
► Authorization to access HGAC contracts for the purchase of a loader/backh , tractor mower, portable compressor, and crack seal machine at the cost described below; also giving authority to the Purchasing Director to sign the purchase orders.
Description
Model
Warranty
Authorized
Local Dealer
Cost
Loader/Backh
Case 590SN
12 months/unlimited hrs
PT-24 months/2000 hrs
Victor L. Phillips
$99,268.87
Tractor Mower
John Deere 3520
2 yrs/2000 hrs w/ 3 yrs/2,ooo hrs powertrain; 1 yr. mower deck and loader
Heritage Tractor
$28,065.49
Portable Compressor
Sullair 185DPQ CAT
12 Months
CAT Foley
$16,750.00
Crack Seal Machine
SuperShot 125
1 Year P&L
PMSI
$39,279.46
TOTAL COST
$183,363.82
► Authorized the Freedom's Frontier National Heritage Area Pass Through Funding for Watkins Museum of History 2012 First Grant Payment.
Motion was seconded by Thellman and carried 3-0
ZONING & CODES 08-07-13
Linda Finger, Interim Director of Zoning & Codes, asked the Board to provide direction and clarification to staff regarding the approval of a private road made by a previous County Commission in 1998. The Commission allowed the creation of N 411 Road, located along the west side of (old) Highway 59. Bradford Butell, owner of record, would like a building permit for the parcel adjacent to Hwy 59.
Private roads were permitted from September 1972 through November 1998 by Home Rule Resolution 98-54. Finger stated the minutes regarding the original decision are ambiguous. It is clear that both property owners, Butell and Englebrake, presented their intentions to develop two five-acre parcels. The past County Commission approved a cross-access easement for the purpose of becoming a private road to serve one residence, the landlocked Englebrake parcel. The easement is entirely located on the Butell property. Finger asked if this County Commission believes it was the past Board's intention for the road to only serve the landlocked parcel or would the easement be allowed to also be used for the driveway for the parcel that has frontage along (old) Hwy 59.
Flory stated, it was his opinion, that what the past Commission was trying to do was to keep this private road from serving a number of other residences beyond the one landlocked parcel. He said he did not see their action as an intent to exclude the private road easement, which crosses Parcel B, from also serving Parcel B. Flory said his impression is the Board approved the private road (N 411) to serve parcel A, with an easement through B, and were trying to make it clear that the Board didn't want any further development at the end of this road.
Finger clarified that the Butell Parcel (Parcel B) has road frontage and the Englebrake Parcel (Parcel A) is the one served by the private road. If the Board determines that road can serve as a private drive, the Englebrakes' have a concern that they have maintained the existing private road for 13 years and would like a joint maintenance agreement with the Butells, or the owners who develop Parcel A. There was no minimum road frontage requirement in 1998 that would have prohibited direct access from Hwy 59 to Parcel B, but there has always been a large drainageway through the front of that property, which would have made another access further to the north difficult to develop. Today, that drainageway/creek is part of the FEMA designated floodplain and development across it would require state and local floodplain permits; and would not be as environmentally friendly as sharing the existing private road/driveway.
Flory responded if the Board has the authority to make the decision that the Butells have the right to use the drive, than the Board also has the authority in making such a finding that their decision be contingent upon a shared maintenance agreement for the portion of the private road/driveway that is on Parcel B; not the portion on Parcel A that is solely a private driveway.
Gaughan asked how the Board would be able to conclude the intent of the previous Board's use of the entrance might also serve Parcel B. Finger responded that historical evidence is what staff is going on. It appears previous Boards did not begin counting homes served from by the private road from the entrance on the public road. There are examples in the county of four and five residences taking access to a private road, because at the time the private road was created, two residences already shared access (pre-dating the Zoning Regulations) and the Board approved the private road with the existing residences not counted in the total being served.
Thellman said this seems like a logical solution to the situation creating the least disruption to the land. She asked if this decision would set precedence. Finger responded the Board could establish in their action the specific reasons for why there were taking the action, and this should preclude the Board's determination being a precedence setting action.
Gaughan opened the item for public comment.
Lawrence Englebrake, the owner of Parcel A, said he believes Mr. Butell should have access to his land (Parcel B), but wants a condition of a maintenance agreement. He stated he has spent a lot of money over the last 13 years, maintaining the drive, putting gravel down, building an asphalt approach, and bringing in dirt to locate his mailbox along the right-of-way.
Flory said he understood this item came about because Butell had decided to sell or develop his property. It was his understanding the Board has the legal authority to make the maintenance agreement as a condition by acknowledging Parcel A could be developed utilizing the private road as the access. Flory stated Englebrake is asking the Board to impose a financial obligation for past expenditures and the Board cannot do that. Flory stated Englebrake has incurred expenses to utilize his landlocked property. The Board cannot go back, after the fact, and impose financial restitution. If the property owners cannot reach agreement on maintenance of the private road, they can seek legal action. The Board has the authority to require creation of a maintenance agreement as a condition of interpretation of the use of the road.
Englebrake asked about requiring Butell to pay for asphalt replacement after development/construction has occurred on Parcel B. Gaughan replied that is a private negotiation between the Parcel owners that they will have to work out for the maintenance agreement.
Flory asked if the item can come back to the Board to determine if the condition meets the Board's approval, before a building permit is issued. Finger stated that could be done. It was staff's intent to withhold issuing a building permit, until we have a recorded maintenance agreement was provided with the building permit application.
Flory added the burden of getting the maintenance agreement is on Butell, as he is the one that wants the building permit. Englebrake d s not need a maintenance agreement. If an agreement is reached between the two parties, this item will not need to come back before the Board. If no agreement is reached, either party can choose to come back before the Board.
Gaughan asked if there is enough frontage for two accesses. Browning stated that based upon the Access Management Regulations, there is not.
Flory moved to interpret the prior county commission minutes to allow the use of this private road for the Butell parcel for development, contingent upon there being an acceptable and agreed upon shared maintenance agreement for that portion of the road that exists on the Butell parcel. Motion was seconded by Gaughan.
Bradford Butell, owner of Parcel B, stated he will try to get an agreement. If there is no agreement, he asked if there is still a way to get access to his property. Flory stated there is a mechanism to do another access but it is not the preferred way. Keith Browning, Director of Public Works, agreed. The preferred way is to utilize the existing access. It is better for the environment, better for the owners, the county and is safer for the public using the highway.
The motion carried 3-0.
EMERGENCY COMMUNICATIONS 08-07-13
The Board considered a request to approve a long-term System Upgrade Agreement II and Maintenance Services for the county's new Astro25 radio system with Motorola Solutions. Scott Ruf, Director of Emergency Commutations presented the item.
Ruff stated as a requirement from the state, we must maintain our radio system to the same level as the state d s. This upgrade will keep us in line with the every two-year required updates. It makes us compatible with our area partners. This is the entire system which includes hardware, the components at every radio site; the city/county dispatch center, KU dispatch center, every radio, computer screen, equipment rack, etc.
Gaughan asked if there is a warranty in place. Ruff stated this will take affect one year from system acceptance. Right now, Ruff stated, we are on track to test this fall. He d sn't anticipate any problems. After signing acceptance after testing, the warranty will apply. We will realize some saving in 2014 because we won't be paying out maintenance costs. He also expects a savings of $164,000 over the life of the agreement over the 10 year term.
Gaughan opened the item for public comment. No comment was received.
Gaughan moved to authorize the Emergency Communications Director to enter into a long-term System Upgrade and Maintenance Services Agreement with Motorola Solutions, with 10-year Combo Program Total and 5% discount $3,104,583.00 Motion was seconded by Thellman and carried 3-0.
ACCOUNTS PAYABLE 08-07-13
Gaughan moved to approve accounts payable in the amounts of $454,268.67
to be paid on 08/8/13. Motion was seconded by Thellman and carried 3-0.
Gaughan moved to adjourn the meeting; Flory seconded and the motion carried 3-0.
____________________________ ____________________________
Mike Gaughan, Chair Nancy Thellman, Vice-Chair
ATTEST:
____________________________ _____________________________
Jamie Shew, County Clerk Jim Flory, Member
Time and Date