COMMISSION MINUTES – MONDAY,
OCTOBER 6, 2003
The
Commissioners met with all members.
Present were Barbara Kolde, chairman; Richard Carlson, vice chairman;
and Tom Doperalski, member.
County
counselor informed the Commission that he had visited with the representative
from Union Pacific Railroad regarding the right of way issue along a portion of
Military Trail Road east of Wamego.
UPRR is still trying to determine whether they can sell parts of section
2 and 3. They are also trying to find
locations of fiber optic cables.
Counselor also informed the Commission that he had visited with Ed Pugh,
attorney representing Steve DeHart of Blue Water Services Inc. Pugh will send county counselor a letter
addressing the issues of concern between Mr. DeHart and the County. Commissioner Kolde stated that the county
has two keys for the Blue Township sewer plant and neither of them fit the
lock. She directed counselor to address
that issue with Mr. Pugh also.
Robert
Reece, county administrator, discussed the following with the Commission
(1)
Contract
for grant administration services for CDBG grant for Uncopiers Inc. Tom Doperalski moved and Richard Carlson
seconded to sign the agreement. The
agreement is with Sara Blankley allowing her to finish the project. Motion carried 2 to 1 with Commissioner
Kolde opposing. She stated the reason
for her negative vote was that she was against the grant in the first place.
(2)
Commission
will meet at 8:30 this Thursday morning to begin interviews for the appraiser’s
position.
(3)
Approved
2 employees from road/bridge department and one from noxious weed department
attending training sessions.
(4)
Commission
appointed Richard Carlson as voting delegate to represent Pottawatomie County
at the annual KWORCC (Kansas Workers Risk Cooperative for Counties)
meeting. The meeting will be held
Tuesday, November 25, 12:00 at the annual Kansas Association of Counties
meeting in Overland Park. Commissioner
Barbara Kolde is the alternate.
(5)
Commission
appointed Richard Carlson as voting delegate for the Kansas Association of
Counties 28th annual conference in Overland Park. Rodney Biesenthal is the first alternate and
Susan Figge is the second alternate.
Leslie
Campbell, health director, met with the Commissioners to update them on her
department. Her office is working on
updating their policies and procedures manual.
Richard Carlson moved and Tom Doperalski seconded to sign the policy
regarding the standard for verification of income of those health department
clients that request reduced fees per the sliding fee scale. Motion carried 3 to 0. (Attachment #1) Leslie invited the Commission to her office to see the
improvements made to the front reception area.
Gail
McConnaughey, zoning administrator, and John Keller, county planner, met with
the Commissioners. Gail updated them on
her department. She also presented for
their consideration a zoning request for splitting a tract of land owned by
Blaine Lemmons in Blue Township. Richard
Carlson moved and Tom Doperalski seconded to adopt Resolution 2003-54 changing
from A1 to AR for the purpose of residential use property owned by Blaine
Lemmons at 6175 Lake Elbo Road in Blue Township. Motion carried 3 to 0.
(Attachment #2)
Richard
Carlson moved and Tom Doperalski seconded to adopt Resolution 2003-55 amending
the Unified Development Ordinance of Pottawatomie County in Article 5 Section B
permitting self storage units as a conditional use in an A1 (agricultural)
zoning district. Motion carried 3 to
0. (Attachment #3)
At 10:00 the Chairman opened the budget
amendment hearing for the 2003 Fire District No. 6 budget. There was no one from the public in
attendance and no opposition expressed to the amendment. At 10:10, Tom Doperalski moved and Richard
Carlson seconded to close the hearing.
Motion carried 3 to 0. Richard
Carlson moved and Tom Doperalski seconded to approve the 2003 budget amendment
for Fire District No. 6 and sign the certificate page. Motion carried 3 to 0. (Attachment #4)
Barbara
Kolde moved and Richard Carlson seconded to appoint Arnold Hedke to the Blue
Township Sewer Board. Motion carried 3
to 0. Kolde stated that there are two
positions open on the Sewer Board. She
will make another recommendation later.
Richard
Carlson moved and Tom Doperalski seconded to go into executive session at 10:13
up until 10:30 with administrator and counselor to discuss non-elected
personnel issue. Regular meeting
resumed and as a result of the session, Tom Doperalski moved and Richard
Carlson seconded to direct Robert to visit with the planning/zoning staff
regarding the upcoming position vacancy and adjustment of staff. Motion carried 3 to 0.
Tom
Doperalski moved and Richard Carlson seconded to adjourn as the Board of County
Commissioners and convene as the Blue Township Sewer Advisory Board. Motion carried 3 to 0.
Upon
presentation and request by John Keller, county planner, Richard Carlson moved
and Tom Doperalski seconded to adopt Resolution 2003-56 annexing into the Blue
Township Area Public Waste Water Treatment District, Sunset Ridge Subdivision
owned by Brian Martinie contingent upon public works director’s report and the
Commission’s acceptance of the surface water drainage plan. Motion carried 3 to 0. (Attachment #5)
John
Keller reported on the Blue Township sewer meeting held last week. The sewer district is in arrears $15,000 in
payments from residents. Keller read
the recommendations submitted at the meeting to the Commissioners. They were: filing liens on those more than
120 days or $1,000 past due; have the county attorney become involved; have the
county counselor write letters to those individuals; plug the line with a rag;
or dig up the line.
Commissioner
Kolde stated that approximately one year ago the Commission bought the software
necessary to take over the billing process and were declined by Blue Water
Services. Commissioner Doperalski asked
if it was the contractual responsibility of Blue Water Services to collect the
fees. County counselor stated that the
contract states the provider will collect the fees. Blue Water Services is to attempt to collect to the point of
going to court within 120 days. Commissioner Carlson asked if these delinquencies should be
handled through small claims court.
Counselor stated that the contract states the sewer district is responsible. Commissioner Carlson asked Keller how many
accounts were past due. Keller stated
that there were 29 less than 60 days late and 21 more over 61 days. There are approximately 475 accounts in the
district. Commissioner Kolde asked if there was a resolution regarding
collection and was informed there is not.
Kolde then directed counselor to discuss this with Ed Pugh also.
Keller
also reported that Steve DeHart had concerns with charges for Dara’s Fast
Lane. Water usage has exceeded the
amount they were originally to be billed for.
A house is considered one unit and charges are $36 per month. Businesses are $72 per month and considered
two units. Dara’s is using 3 times what
was originally figured. Mr. DeHart requested
back billing to December of 2000. The
sewer board suggested going back 6 months to back bill. The Commissioners stated that they could not
back bill for this as the original agreement was for 2 units. Keller stated that the water usage had been
verified by the rural water district.
He added that the contract needs to be more specific and that there is
too much simply in agreement. The sewer
board also recommended charging the business 5 units instead of 2. Commissioner Kolde stated that she was in
agreement with increasing the number of units charged, but they could not retro
bill the account. The Commission
directed John Keller to draft a letter of notice of increase to Dara’s. Richard Carlson moved and Tom Doperalski
seconded to change the units charged Dara’s Fast Lane from 2 units at $76 to 5
units at $180 and monitor the usage.
Motion carried 3 to 0.
Tom
Doperalski moved and Richard Carlson seconded to adjourn as the Blue Township
Sewer Advisory Board and reconvene as the Board of County Commissioners. Motion carried 3 to 0.
Upon
review of previous policies passed by the Commissioners in 1999 and amended in
May of 2000, it was determined that there was a maximum heavy use commercial
fee of $106.
Tom
Doperalski moved and Richard Carlson seconded to adjourn as the Board of County
Commissioners and convene as the Blue Township Sewer Advisory Board. Motion carried 3 to 0.
Richard
Carlson moved and Tom Doperalski seconded to amend the previous motion
regarding the number of units charged to Dara’s Fast Lane and to conform to the
policy in effect stating the maximum commercial charge of $106. $106 per month will be charged to Dara’s
Fast Lane effective with the November 2003 billing. Motion carried 3 to 0.
Tom
Doperalski moved and Richard Carlson seconded to adjourn as the Blue Township
Sewer Advisory Board and reconvene as the Board of County Commissioners. Motion carried 3 to 0.
Approved
minutes for September 29, 2003.
The
meeting was adjourned at 12:05.
Commissioners will meet at 1:00 for a work session to discuss emergency
radio system upgrades.
________________________ ________________________
County
Clerk Chairman
________________________
Vice Chairman
________________________
Member