2005, SIXTy first MEETING




CRAWFORD COUNTY COURTHOUSE, COMMISSIONERS’ BOARD ROOM
Girard, KS. Tuesday August 9, 2005, 10:00 AM

The Crawford County Board of Commissioners met pursuant to Kansas Statutes Annotated Chapter 19, Article 2, Section 18 in due and regular session with open doors. Commissioner Anthony Pichler served as the presiding officer.

Commissioner Bob Kmiec was present.

Don Pyle, Deputy County Clerk and County Counselor Jim Emerson were present and seated with the Board.

Chairman Pichler led the Pledge of Allegiance.

UNDER THE HEADING BUSINESS FROM A PREVIOUS MEETING
CONSENT AGENDA
On motion (05-241) of Commissioner Kmiec and the second of Commissioner Pichler that the consent agenda be approved including:
1. Approval of the August 5, 2005 minutes of the Board of Commissioners’ meeting and
Yeas: Commissioners Kmiec and Pichler
Nays:
Present but not voting:
Absent or not voting: Commissioner Moody.
The motion prevailed and the consent agenda was approved.

SIGNING OF MOTIONS
The County Clerk presented the following motions for Commissioners’ signatures.


Motion 05 -239 That the consent agenda be approved including: Approval of the August 2, 2005 minutes, Approval of the previous week's vouchers and Rescinding of Motion 05-235.
Motion 05 -240 To approve a contract between the Board of County Commissioners of Crawford County and Heckert Construction Co., Inc., for asphalt overlay.

UNDER THE HEADING NEW BUSINESS
OPENING OF SEALED BIDS
MESSAGES FROM ELECTED OFFICIALS
MESSAGES FROM APPOINTED OFFICIALS
MESSAGES FROM OTHER GOVERNMENTAL ENTITIES
MESSAGES FROM THE PUBLIC
PROCLAMATIONS AND ORDERS OF THE BOARD
NEW BUSINESS

Item One: Mrs. Judy Freeman, County Zoning Administrator, presenting a request for a Conditional Use for Lots of Tots Day Care owned by Carlton and Kim Kennard at 3014 W. 4th Pittsburg, KS. Mrs. Freeman stated that the day care would be at this address also and that the applicants have built a new structure for the day care and that the applicant’s would live in this also until they can also build a home adjacent to this structure. Mrs. Freeman stated that there would be a 6 foot chain link fence surrounding the building, there would be a gravel parking area that could accommodate 6 vehicles at a time and that the zoning board had approved the conditional use for this facility. Mrs. Freeman stated that the Kannard’s were already licensed and that the zoning board had approved the conditional use. Mr. Pichler was answered that they were open from 7:00 to 5:30, they were licensed for 12 children and there was no opposition.

MOTION OF
RECOMMENDATION

July 21, 2005

Re: Day Care
“Lots of Tots Day Care”
Kennard, Carlton & Kim



A motion to recommend approval of the requested Conditional Use was made by Murray Balk and seconded by Jim Zibert during the public hearing of July 21, 2005.

The recommendation was based on the following factors:

1) Use would be in the same general character
2) Would not adversely affect adjacent properties.
3) Use would be suitable for the area.
4) Need for the intended use
5) Site plans submitted meets with the requirements of the Zoning Regulations Development Plan.

Motion stood approved with a vote of 7 ayes, 0 nays, 0 absent, and 1 abstaining, Terry Fox due to conflict.

Dated and signed this the ________ day of July, 2005.


Attest:
_________________________
Kathy Flora, Chairman



On motion (05-242) of Commissioner Pichler and the second of Commissioner Kmiec to approve a Conditional Use for Lots of Tots Day Care owned by Carlton and Kim Kennard at 3014 W. 4th Pittsburg, KS.

Yeas: Commissioners Kmiec and Pichler
Nays:
Present but not voting:
Absent or not voting: Commissioner Moody.
The motion prevailed.


Item Two: Mrs. Judy Freeman, County Zoning Administrator, presenting a request for a Conditional Use for Roxan Harvey Kennels owned by Roxan Harvey at 483 S. 260th Pittsburg, KS. Mrs. Freeman stated that the applicant had lived at this location for several years and that there was one letter of opposition received, however a neighbor had disputed most of the claims in the letter of opposition. Mrs. Freeman stated that she was moving a smaller unlicensed kennel to this location and that they have an adequate wastewater system designed. Mr. Pichler was answered that their home was just adjacent and that there would be 2 wastewater systems. Mr. Pichler was answered that the letter of opposition was portrayed as not being entirely accurate by one of the other neighbors to this facility. Mr. Pichler was answered that they now needed stated and federal licensing since they were increasing the size of the facility. Mr. Kmiec was answered that this would also be a boarding kennel. The commissioners thought that they had met all guidelines.

MOTION OF
RECOMMENDATION


Re: Dog Kennel
“Roxan Harvey Kennels”




A motion to recommend approval of the requested Conditional Use and a modification from the current set back regulations was made by Murray Balk and seconded by Jim Belew during the public hearing of July 21, 2005.

The recommendation was based on the following factors:

6) Use would be in the same general character
7) Would not adversely affect adjacent properties.
8) Use would be suitable for the area.
9) Need for the intended use
10) Site plans submitted meets with the requirements of the Zoning Regulations Development Plan.

Motion stood approved with a vote of 8 ayes, 0 nays, 0 absent, and 0 abstaing.
Dated and signed this the ________ day of July, 2005.


Attest:
_________________________
Kathy Flora, Chairman


On motion (05-243) of Commissioner Pichler and the second of Commissioner Kmiec to approve a Conditional Use for Roxan Harvey Kennels owned by Roxan Harvey at 483 S. 260th Pittsburg, KS.

Yeas: Commissioners Kmiec and Pichler.
Nays:
Present but not voting:
Absent or not voting: Commissioner Moody.
The motion prevailed.


Item Three: Mr. Pichler was answered that Deffenbaugh had withdrawn their application for the medical waste transfer station. Mrs. Freeman stated that they had indicated that they would resubmit their application with a different site plan. Mrs. Freeman added that the zoning board had voted to deny the conditional use and that most of the questions surrounded the problems with the facility being in the flood plain and with security concerns.

Item Four: Mr. Wilson, County Clerk stated that the County Clerk’s Report for July, 2005, had been presented to the commissioners. Mr. Wilson added that this report requires a roll call vote for approval. As provided in Chapter 19-608 KSA 1963, the foregoing report and decision of the County Clerk and claims against Crawford County is hereby presented to your Board of County Commissioners, Mr. Chairman, for confirmation and all claims specified in the report are listed in the County warrant register for 2005. The funds listed are all inclusive and submitted to the Board of County Commissioners on August 9, 2005 as provided by law.


On motion (05-244) of Commissioner Pichler and the second of Commissioner Kmiec to approve the July, 2005, Crawford County Clerk’s Report.
On a Roll Call Vote.
Yeas: Commissioners Kmiec and Pichler
Nays:
Present but not voting:
Absent or not voting: Commissioner Moody.
The motion prevailed.

Item Five: Mr. Pichler mentioned that he had been approached by the chiefs of Fire District #2 and Fire District #4 and that they had requested a burning ban and wondered if any of the other fire districts had made such requests. There was no indication that any other fire districts had requested such a ban. Mr. Kmiec agreed that it was very dry.

On motion (05-245) of Commissioner Pichler and the second of Commissioner Kmiec to approve a Burning Ban for Fire District #2 and Fire District #4 until notified that the ban should be lifted.

Yeas: Commissioners Kmiec and Pichler
Nays:
Present but not voting:
Absent or not voting: Commissioner Moody.
The motion prevailed.

UNDER THE HEADING OLD BUSINESS
OLD BUSINESS
Item One: Mr. Wilson stated that he had been undergoing training during the past on the new election system and he was very excited about the improvements in technology and that it could allow information to be transferred much more easily due to the bar coding. He further stated that it will soon be installed on the county’s computers for testing but not with our voter data. Mr. Wilson added that the county clerk’s office was sponsoring an equipment vendor fair next week that would allow poll workers and other people to see the equipment and see how it works before any decisions are made about purchases. Mr. Pichler was answered that the Secretary of State’s Office was still reviewing specs of equipment to see if they meet their requirements and they need to complete this before a list of approved equipment can be compiled. Mr. Wilson stated that this would need to be done before the SOS office can calculate how many machines they can provide each county. Mr. Pichler was answered that in 2006 each polling place will be required to have a voting machine available.


Item Two: Mr. Wilson mentioned that he would like to submit a written report on the activities of the Economic Development Director on Friday and the following Friday Mr. Wilson would be present to answer any questions that the commissioners might have. Mr. Wilson continued that his office had just decided that economic development was something that needed to be worked on and that he is still looking for direction in this area and would be happy to listen to any suggestions or guidance in this area. Mr. Wilson mentioned that many counties had a 1 mill levy for economic development and Mr. Pichler stated that Crawford County had a levy for economic development in the past. The commissioners agreed that submitting a written report would be fine and this would give them a chance to come up with questions.


Item Three: Mr. Emerson stated that he had been in contact with SEK Railroad and with BNSF in regards to a couple of crossings that had been mentioned in a recent commission meeting about being in poor shape and those companies stated that they would inspect these and get back in touch with him.

Item Four: Mr. Kmiec stated that there were a few intersections in the county that had curves or Y’s in the approach to the intersection and that they would be safer if the intersection just came to a square corner instead of having the Y’s. Mr. Pichler was answered that the commissioners could take care of this as long as it did not involve using more property. Mr. Kmiec mentioned that this would actually free up property instead of using more property. Mr. Pichler mentioned that the commission should publish the proposed changes to allow for public input before taking any action. Mr. Kmiec mentioned that he had 2 recent requests for this action. Mr. Kmiec agreed to direct Bob Davied to compile a list of intersections that could benefit from this.

Item Five: Mr. Bob Medina with the Kansas Bureau of Waste Management to discuss cleanup of a dumpsite in the county. Mr. Medina stated that he had attended a commission meeting before and that there might be some confusion about the clean up costs for this dump site. Mr. Medina stated that Mr. Towery had sent a letter stating that he would be responsible for 25% of the cost and that they would construct a fence on the property. Mr. Medina thought there was some confusion about this issue. Mr. Emerson thought that there were questions about the match in this issue. Mr. Pichler stated that he thought the confusion was more about how much work the county would need to provide and that the county would be responsible for 25% of the cost of clean up. Mr. Medina stated that the Bureau of Waste Management’s position was to try to figure out how to get this property cleaned up as soon as possible. Mr. Pichler was answered that the cost of the clean up was estimated at $8,250 but Mr. Medina thought this was a little high. Mr. Medina thought that the county’s in kind services involving use of their equipment and labor would more than account for the 25% that the county would contribute. Mr. Pichler and Mr. Emerson stated that they had not been told that the county’s in kind services would be applied against their share of the clean up. Mr. Medina apologized for the confusion and further stated that the clean up would be easier to do in the fall when the foliage is not as thick. Mr. Kmiec was answered that the county would not have any liability in this. Mr. Pichler was answered that there was not a lot of trash but that most of it is construction type waste. Mr. Medina mentioned that it appeared that some of the debris had been scattered by high water in the area. Mr. Pichler thought that Mr. Medina and Mr. Davied should look at the area and come up with a plan. Mr. Kmiec was answered that a lot of this could be picked up with a backhoe. Mr. Medina suggested that the county could use some inmate labor from the county jail in picking up some of the smaller more scattered trash and that in many cases the inmates enjoyed the chance to spend some time outdoors. Mr. Medina stated that there was another dump site just outside of Arcadia on the edge of a county road that also had some debris dumped on it. Mr. Pichler stated that he was afraid that this would be setting a precendent that the county will be responsible for policing the county for trash. Mr. Medina suggested that it might be a good idea to spend some time identifying sites to be cleaned up and estimate the amount of time involved. Mr. Pichler was answered that the clean up should take a day or a day and a half and that the trash would need to be taken to the Subtitle D Landfill. Mr. Kmiec and Pichler agreed to have Mr. Davied get together with Mr. Medina and Mr. Towery to figure out the best course of action. Mr. Medina suggested that the Sheriff’s Dept. might be able to help identify any other places in the county that need to be cleaned up and he added that the district of Kansas that he is responsible for might receive additional funding for next year. Mr. Medina agreed that this would be a good start.

Item Six: Mr. Pichler wondered if there had been any contacts in regard to the prisoner health care expenses. Mr. Pichler stated that the State Senator had been in the courthouse and had asked for a letter detailing what the county wants in this area. Mr. Emerson stated that Mr. Horton should be contacting the Sheriff’s association for their input and backing. Mr. Pichler thought it would be good to contact the sheriff in Wyoming that Sheriff Horton had spoken with to ask about their policies in regard to inmate health care expenses.


UNDER THE HEADING FUTURE BUSINESS AND ANNOUNCEMENTS
FUTURE BUSINESS


ANNOUNCEMENTS

Item One: August 18, 2005 -- 7:00 PM The Planning and Zoning Board, with David Yearout as consultant, will meet at the courthouse in the zoning office to discuss the future of zoning regulations in Crawford County. There will be a FEMA representative there to discuss how to read flood maps. The public is welcome to attend.

Item Two: August 26, 2005 – 9:00 A.M. The Crawford County commission will hold a work session with leaders from Crawford County cities, water and sewer districts on installing disconnects in buildings that could use emergency generators for power.

UNDER THE HEADING MOTION TO ADJOURN
MOTION TO ADJOURN
Item One: Adjournment
On the motion of Commissioner Pichler and the second of Commissioner Moody to adjourn the August 9, 2005 meeting at 10:50 AM.
Yeas: Commissioners Kmiec and Pichler
Nays:
Present but not voting:
Absent or not voting: Commissioner Moody
The motion prevailed.


Witness my hand in the taking of these minutes and my submission of the same for the approval of the Board of Crawford County Commissioners:




____________________________
Don Pyle
= Seal = Deputy County Clerk


Taken DPP 8/9/05 10:50 AM, Amended DPP 8/10/05 9:00 AM