COMMISSION MINUTES – MONDAY, FEBRUARY 4, 2002

The Commissioners met with all members. Present were Tom Doperalski, chairman; Barbara Kolde, vice chairman; and Richard Carlson, member.

Mr. and Mrs. Don Whitten, rural Wamego residents, met with the Commissioners with concerns of a stray cat that has shown up on their property. They have so far been unable to run it off and want to know what they can do about it. They do not feel they should dispose of the animal and should not have to pay to take it to a shelter. Mr. Whitten doesn’t feel that animal control should be a burden of the Sheriff’s department as they do not have time for it and do not have individuals trained for the job. He feels the county should have an individual to take care of animal control and suggested the possibility of a dog tag fee to help defray the costs. The Commissioners informed them that a definite procedure between the Sheriff’s department and the animal control officer has not yet been adopted.

Mr. Whitten also expressed concern about poor visibility at the intersection of Hwy 24 and Military Trail Rd east of Wamego.

Gail McConnaughey, zoning administrator and John Keller, county planner met with the Commissioners. Gail gave a brief update on her department. She presented rezoning resolutions for the Commissioners consideration. Richard Carlson moved and Barbara Kolde seconded to approve Resolution 2002-07 for Mark Ebert rezoning property from A1 to AR for the purpose of residential use. Property is located in Louisville Township. Motion carried 3 to 0. (Attachment #1) Barbara Kolde moved and Richard Carlson seconded to approve Resolution 2002-08 for MCM Properties, L.L. C. and The Trust Company of Manhattan to amend the existing zoning on property from A1 to AM for the purpose of a sand and gravel plant and a ready mix concrete plant. Property is located in St. Marys Township. Motion carried 3 to 0. (Attachment #2)

Barbara Kolde moved and Richard Carlson seconded to go into executive session with zoning administrator, county planner, county counselor, administrator, and county clerk to discuss possible litigation. The session to be from 9:20 until 9:35. Motion carried 3 to 0. At 9:35 regular meeting resumed. Barbara Kolde moved and Richard Carlson seconded to go back into executive session for 5 minutes. Motion carried 3 to 0. Regular meeting resumed. Commission directed counselor to draft a letter to the landowner compelling his compliance to sewer regulations.

Commission approved and signed employee contract for 2002 with John Lang, county counselor. (Attachment #3)

Reviewed annual report for Belvue Township.

On Thursday, January 31, the Commissioners’ authorized the administrator to close the county offices due to the winter storm. All three Commissioners agreed to pay the employees scheduled to work that day their regular rate of pay whether they worked or not. After further discussion, they also agreed that in the future if the offices can be run with a “skeleton crew,” they would not be closed. The administrator will draft a policy that will address inclimate weather or any disaster that would affect operation of the offices.

At 10:30 the Chairman opened the public hearing to discuss a road vacation. John Keller, county planner, presented the information. As there was no opposition, Richard Carlson moved and Barbara Kolde seconded to adopt Resolution 2002-9 vacating a portion of Road #578 in Rock Creek Township. Motion carried 3 to 0. (Attachment #4)

Robert Reece, county administrator, discussed the following with the Commissioners

(1) Timber Creek II Phase IVB project.

(2) Sheriff’s employees’ clothes allowance. Robert informed the Sheriff on Friday that the officers that receive a clothing and auto allowance would need to have the payment added to their paycheck and taxed accordingly, as they do not account for the expenses incurred. Robert also informed them that they could treat the allowance the same as it currently is being treated if the officers sign the invoice stated that they have incurred the expenses being reimbursed. The Sheriff told Robert that he would have the officers sign off on invoices when they are submitted. If invoices are not signed the reimbursement will be handled through payroll.

(3) Animal control.

(4) Blue Water Services contract.

(5) Personnel Policy.

Dennis Day and John Keller visited with the Commissioners to discuss the early history and current concerns of the Blue Township Sewer District and Timber Creek I & II. Mr. Day stated that he was involved in the original study for the sewer district. There are 155 acres in the district. In 1971 the Commissioners were presented with a petition from landowners in area, asking for support to create the sewer district. The Commissioners agreed to sponsor them but asked that the individuals handle the project. There is minimal documentation available in the County files regarding early stages of the system. The first 56 units, which make up Timber Creek I, paid for their sewer and water as part of the cost of their lots. Timber Creek II consisting of 227 units is in 4 phases. There are approximately 50 to 60 units per phase. Timber Creek II got permission from Timber Creek I for expansion of the system. Timber Creek I did not pay into the expansion. The Timber Creek I plant was shut down in 1998. Timber Creek then became a part of the Blue Township Sewer District that was built in 1992. A permit for the old Timber Creek system would probably not have been renewed by the State and would have been very expensive to expand.

Brenda Krause, GIS director, John Lang, county counselor, and Steve Kimball with Pottawatomie County Abstract Co., met with the Commissioners and administrator to discuss concerns with descriptions of the Lindsey property in the northwest portion of the county that was recently sold at auction. Some of the legal descriptions are not accurate to the point that the county cannot be added to the county’s tax roll. Brenda stated that she had spoken with previous and current owners, the attorney for the seller, a surveyor for the seller, the realtor, and the auctioneer were all advised of the situation and it has not been addressed by any of them. She has contacted the Board of Technical Professionals and discussed the issue with them. They informed her that the descriptions were not acceptable and should be corrected. They also advised her to pursue the issue legally.

Steve Kimball stated that he had also visited with the attorney for the seller and had advised him of the concerns with the descriptions. He sent copies of the descriptions to a few underwriters and was informed that they could not insure the titles. One underwriter stated that they could insure the title but not the boundaries.

With the information that is currently on the deeds, the county is not able to map the parcels or apply them to the tax roll. Barbara Kolde moved and Richard Carlson seconded to have the counselor draft a letter to be sent to all parties involved requesting a proper survey and also directed Brenda to send a copy of the information to the Board of Technical Professionals for their investigation. Motion carried 3 to 0.

Approved minutes for January 28, 2002.

Leu Lowrey, public works director, discussed various road/bridge projects with the Commissioners.

Meeting was adjourned at 1:20 P.M.