COMMISSION MINUTES – MONDAY, AUGUST 15, 2005

 

At 8:30 A.M., all members of the Pottawatomie County Commission met for a regular session in the County Commission Room.  Present were Tom Doperalski, chairman; Barbara Kolde, vice chairman; and Stan Hartwich, member.

 

The Chairman opened the Public Hearing for the 2006 County Budget.  Mary Altenhofen expressed concerns of the safety at the intersection of Cree Rd and Westmoreland Rd.  She stated she would like to see that project included in the road/bridge department budget.  She added her husband has made requests and expressed his concerns for a couple of years.  Commissioner Kolde stated by reducing the mill levy for 2006, the Commissioners in the future will have to make up the difference.  She does not think the Commission is planning ahead.  Commissioner Doperalski told Mrs. Altenhofen he will check with Leu Lowrey and see what can be done.  Richard Pikul stated he was present as a local resident to express concerns of the conditions of roads in the county where new development is taking place.  He expressed concerns of Salzer Road as the increased traffic has caused more potholes.  Robert explained the budget information regarding notice of hearing information and the budget summary pages for the County General Fund for the year 2004 actual expenditures, 2005 budgeted expenditures, and the 2006 proposed budget.  He also explained the Statutes allowed for the Board of County Commissioners to transfer up to 25% of the road/bridge budget into the special highway fund to plan for future projects.  This transfer is normally done in late November or December.  Transfer amount in 2004 was $1,125,000.  The estimated transfer amount for 2005 is $100,000.  Robert stated this will be reevaluated at the end of the year and depending upon the amount of non-expended appropriations, the transfer amount will be determined by the Commission.  There were questions as to reducing mill levies and compensating the reduction with County sales tax revenues.  Robert explained the reduction in ad valorem taxes would be offset by increased revenues from the County sales tax to meet the objective of the Board.  Robert also pointed out that even though the Commission was able to reduce the mill levy, they were also able to increase expenditures by utilizing sales tax revenues they will be receiving in 2005 that were not budgeted.  Mr. Pikul asked if the Commissioners thought that was what the residents of the county wanted.  He added he voted in favor of the sales tax not to reduce property taxes, but to help with expenses for public safety as stated on the ballot.  Commissioner Doperalski stated his position from the beginning was for property tax relief.  Commissioner Kolde stated she voted against it when she saw what a wreck it was.  She added the Commission is not funding for needs in the future.  Mr. Pikul stated with additional population and growth in the county, reduction of property taxes ends up in deferred maintenance.  He stated people want to see changes in taxes but they need to see improvements.  The money should go into funds for those improvements.  He added he doesn’t want the money back, but wants to see it used to improve the county.  Commissioner Kolde stated the higher portion of taxes is for the schools, which the county has no control over.  Brian Smith, emergency medical services director, addressed the group with comments and concerns of the budget for ambulance service.  He stated this year he had asked for the largest budget increase ever.  This is due to lower Medicare reimbursements.  He is also concerned with salary levels for his employees.  The sales tax revenue helps so they don’t have to reduce services.  Commissioner Kolde stated Blue Township is served by Riley County EMS rather than Pottawatomie County.  Brian pointed out this is done due to the location of ambulance and response time.  Blue Township residents still pay taxes that help with the ambulance budget.  Kolde asked about the increase for employee benefits.  Robert stated the 2006 budget reflects an increase for employee benefits of about 5%.  Mr. Pikul asked if the increased valuation from new residential construction will compensate for increased expenses incurred by the Sheriff’s department.  Robert stated the county has been able to maintain a relatively level mill levy with minor increases by relying upon the county’s increase in valuation and minor reduction in non emergency service department budgets to cover the increased cost of operation for emergency service budgets and employee benefits.

 

As there were no further comments, the Chairman closed the public hearing at 9:13.  Robert informed the Commission they could act on the budget anytime following the conclusion of the public hearing.  Commissioner Kolde stated she was in favor of a decrease of no more than 2 mills.  Lowering it more will make it hard for the future.  Robert stated that to increase the mill levy from the rate presented would take a motion to republish.  Barbara Kolde moved to republish the budget with a 2 mill decrease rather than 4½.   She added promises have been made that cannot be kept and the Commission needs to think of the future.  Commissioner Hartwich stated he had spoken with individuals who wanted the sales tax to reduce their property tax.  The motion died for lack of a second.

 

Tom Doperalski moved to approve the 2006 County Budget as published.  Stan Hartwich seconded the motion.  Barbara Kolde stated she felt they were making a big mistake.  Stan Hartwich stated the sales tax should cover the mill levy reduction.  Motion carried 2 to 1.  Commissioner Kolde voted against the motion.  Kolde stated the reasons for her opposition was there will not be enough money to do the projects that she wanted done and the Commissioners in the future will have to raise the mill levy.  She felt a decrease should be no more than 2 mills.

 

Brenda Krause, GIS director, met with the Commissioners to update them on aerial photography, 911 data base, and state changes from letters to numbers for soil type codes.

 

John Boyd, emergency management director, met with the Commissioners to update them on activities in his department.  John reported on a fire involving a train engine on the tracks near Aiken Switch Rd late Sunday night.

 

Lisa Overkamp, treasurer, met with the Commissioners to update them on her department. She informed them the delinquent tax notice is being published.  There are over 500 parcels with a tax value of approximately $488,000.  Lisa and one of her deputies will be attending the Komtek User Conference in Salina next week.  Komtek is the company providing software for the county’s tax and accounting system.

 

The Chairman signed the 2006 County Budget Certificate.  (Attachment #1)

 

Barbara Kolde moved and Stan Hartwich seconded to adopt Resolution 2005-54 expressing the property taxation policy to finance the 2006 annual budget for Fire District #1.  Motion carried 3 to 0.  (Attachment #2)

 

Stan Hartwich moved and Barbara Kolde seconded to adopt Resolution 2005-55 expressing the property taxation policy to finance the 2006 annual budget for Fire District #5; Resolution 2005-56 expressing the property taxation policy to finance the 2006 annual budget for Fire District #7; Resolution 2005-57 expressing the property taxation policy to finance the 2006 annual budget for Fairview Cemetery; Resolution 2005-58 expressing the property taxation policy to finance the 2006 annual budget for Havensville Cemetery; and Resolution 2005-59 expressing the property taxation policy to finance the 2006 annual budget for Pottawatomie/Wabaunsee Regional Library.  Motion carried 3 to 0.  (Attachments 3, 4, 5, 6, &7)

 

Chairman signed 2006 budget certificates for District Court & Court Services for $176,125; Conservation District for $65,000; and a letter stating the amount budgeted for Extension Council set at $145,000.  (Attachments 8, 9, & 10)

 

At 10:30, the Chairman opened a public hearing to discuss the creation of benefit districts for Eagles Landing VII, a 15 lot phase for single family dwellings.  Dave Nelson, developer, was present.  Commissioner Doperalski asked Robert if there were any concerns on this project.  Robert stated following meetings with bond counsel, there were concerns of how the County was treating the Commons Area in that development.  Costs of improvements have never been assessed back to those areas.  One solution derived by Bond Counsel and the engineer designing the project was to determine and note on the plat the Commons Area is not available for development.  Robert stated Commons Areas in future developments should be treated differently but recommended the Commissioners be consistent with how they have treated these areas in the past.  The Chairman closed the hearing at 10:38.  Barbara Kolde moved and Stan Hartwich seconded to adopt Resolution 2005-60 allowing the creation of a benefit district for street improvements for Eagles Landing Unit VII in Blue Township.  Estimated cost of said street improvements is $192,000.  Motion carried 3 to 0.  (Attachment #11)

 

Barbara Kolde moved and Stan Hartwich seconded to adopt Resolution 2005-61 allowing the creation of a benefit district for sewer improvements for Eagles Landing VII in Blue Township.  Estimated cost of said sewer improvements is $69,200.  Motion carried 3 to 0.  (Attachment #12)

 

Barbara Kolde moved and Stan Hartwich seconded to adopt Resolution 2005-62 allowing the creation of a benefit district for water improvements for Eagles Landing VII in Blue Township.  Estimated cost of water improvements is $36,200.  Motion carried 3 to 0.  (Attachment #13)

 

At 10:45 the Chairman opened a public hearing to discuss creation of benefit districts in Elbo Creek Estates I in Blue Township.  Dave Nelson, developer, was present for the hearing.  Commissioner Kolde expressed concerns of drainage.  She stated she would vote No because of possible flooding due to improper drainage.  Nelson stated the drainage from the area would go east rather than south.  The Chairman declared the hearing closed at 10:52.  Barbara Kolde moved the benefit districts be approved providing drainage would flow east.  The motion died for lack of a second.  Stan Hartwich moved and Barbara Kolde seconded to adopt Resolution 2005-63 to allow creation of a benefit district for street improvements for Elbo Creek Estates I in Blue Township.  Estimated cost of the street improvements is $641,300; Resolution 2005-64 allowing the creation of a benefit district for sewer improvements for Elbo Creek Estates I in Blue Township.  Estimated cost of the sewer improvements is $195,300; and Resolution 2005-65 allowing the creation of a benefit district for water improvements for Elbo Creek Estates I in Blue Township.  Estimated cost of the water improvements is $100,600.  Motion carried 3 to 0.  (Attachments 14, 15, & 16)

 

Dave Nelson asked the Commission to consider a couple of things.  One is to contract with the developer to eliminate temp bonds and allow development to move forward quicker.  Manhattan allows this in  development areas.  The second thing he requested the Commission to consider is changing their policy as an investment in the future.  Certain roads in the county where development is taking place could be improved by temp bonds knowing the money will come back.  Commissioner Kolde stated that would put today’s children in debt.  She prefers to pay for projects that are done.  Nelson said this would not be for every road in the county. Examples would be the improvement of Excel Road and Green Valley Road where there is a lot of development now and will be in the future.  If the valuation of Jeffrey Energy Center goes down, that would be even more important to invest in the future now.  Commissioner Doperalski stated he is not totally against financing road improvement, but feels there should be some type of mechanism in place to pay for the project.  He stated the Commission has talked about impact fees.  He agreed there is a question as to the farm tax dollars from the northern part of the county used to pay for road improvement in the southern part of the county.

 

John Keller, county planner, stated there is a planning commission meeting on Thursday night.  One of the items on the agenda is consideration of a 25 year plan for 6 roads.  The planning commission would adopt such a resolution to improve growth.  A combination of sales tax revenues and impact fees might help finance road improvement projects.

 

Gregg Webster, zoning administrator; and John Keller, county planner, met with the Commissioners to discuss a rezoning request.  Stan Hartwich moved and Tom Doperalski seconded to adopt Resolution 2005-66 approving the request from Kaw Valley Properties to rezone a tract in Blue Township from A1 to AR for residential development.  Motion carried 2 to 1.  Barbara Kolde voted against the motion stating the road is not paved and there is no money in the budget to improve it.  (Attachment #17)

 

Stan Hartwich moved and Tom Doperalski seconded to sign the final plat for Wildcat Woods Phase I in Blue Township.  This phase is 50 lots.  Motion carried 2 to 1.  Barbara Kolde voted against the motion stating the road is not paved and there is no money budgeted to improve it. 

 

Gregg gave the Commission a draft of a resolution regarding extra-territorial zoning for the City of Wamego.  Tom Doperalski moved and Stan Hartwich seconded to adopt Resolution 2005-67 regarding the boundary of the extra-territorial zoning district for the City of Wamego.  Motion carried 2 to 1.  Barbara Kolde voted against the motion stating the people living in the area do not have an opportunity to vote on any city issues or officials.  (Attachment #18)

 

Stan Hartwich moved and Tom Doperalski seconded to appoint Barbara Abitz as Treasurer of the St. Clere Township Board.  This position was not filled in the 2004 November election.  Motion carried 3 to 0.

 

Barbara Kolde moved and Stan Hartwich seconded to go into executive session with the county attorney at 11:55 for up to 10 minutes to discuss personnel issue.  Administrator will be present for the session.  Motion carried 3 to 0.  Regular meeting resumed with no action as a result of the session.

 

The Commissioners approved amended minutes for August 8, 2005.

 

The Chairman signed a Hwy Safety Project reimbursement voucher for KDOT grant money for the Country Stampede.  Reimbursement is to be $7884.83.  (Attachment #18)

 

There being no further business, the meeting was adjourned.

 

 

 

 

_________________                                         _____________________

County Clerk                                                     Chairman

 

                                                                                    _____________________

                                                                                    Vice Chairman

 

                                                                                    _____________________

                                                                                    Member