Journal of the Commissioners

 

2005, eightY FOURTH MEETING

CRAWFORD COUNTY COURTHOUSE, COMMISSIONERS’ BOARD ROOM

Girard, KS. Tuesday November 15, 2005 at 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 and Commissioner Tom Moody were present.

County Clerk R. J. Wilson 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 (05-360) of Commissioner Kmiec and the second of Commissioner Moody that the consent agenda be approved including:

1.      Approval of the November 8, 2005 minutes of the Board of Commissioners’ meeting:

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed and the consent agenda was approved.

 

SIGNING OF MOTIONS

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

 

Motion 05	-358	That the consent agenda be approved including: Approval of the November 4, 2005 minutes
Motion 05	-359	To adopt resolution 2005-166: a resolution adopted to correct an error made in assessing of personal property and to instruct the County Treasurer to abate the owed amount of tax plus penalty and interest from the personal property tax rolls in the case of G.D. Pile

 

UNDER THE HEADING NEW BUSINESS

            PUBLIC HEARINGS AND OPENING OF ANNOUNCED BIDS

Item One: Public hearing on Sewer District Number Six, Opolis.

 

Chairman Pichler opened the public hearing. Twenty five members of the public were in attendance for the hearing. Mr. Dale Yager of Rural Development, Mr. Bob Hosack the grant administrator and Mr. Kramer were all present. Mr. Yager made a presentation on behalf of Rural Development. He mentioned that one million thirty four eight eighty five dollars is the total proposed cost of the project. No determination made yet on a firm commitment for a financing package. He mentioned that he would like the average user cost to be somewhere around $34.

 

Mr. Pichler asked for people not in favor of the sewer district to make comment.

 

Mr. Gerald Schooley, 306 W. 1st Street in Opolis. Mr. Schooley said that he was annoyed at a person who spoke at the previous hearing. He said he represents 40 people who have signed petitions. He said Opolis is a small community. He said that he has lived in Opolis since 1938. He said that Weir and Asbury have sewers grown up in weeds. Mr. Schooley said that Opolis is not coming back and he said that there is a community member there who fattened hogs just outside his front door. He said there is a garage on each end of town where people party and drink beer and then go pee out behind the garage.

 

Mr. Pichler said that the hearing should be confined to the issue of the sewer district. Mr. Moody asked how long Mr. Schooley has lived in Opolis. He answered that he lived there from 1938 to 1950 and then returned to the area after he had some heart problems. He said he has built very expensive houses which are on septic systems that have never failed. Mr. Schooley said that the home counts in Opolis are wrong. He said there are 48 houses, two churches and one post office. He said that a lot of the houses there are uninhabitable. He said the EPA says that no community which is as small as Opolis should consider a centralized sewer system. He said the engineering fees are higher for a system like this and the engineers. Mr. Schooley asked for a time line for when the decision will be made. He said he has a law firm standing by. He said that he talked to Mr. Misasi to see if any of the septic systems have been dye tested. He said that no one in the county is riding a horse or otherwise riding herd on this process. Mr. Pichler said that the County Health Officer has those records. Mr. Schooley asked why he could not get any and Mr. Pichler said that the records could be made available if Mr. Schooley requests them.

 

Debbie Schooley appeared in opposition. She said that for a community as small as Opolis that maybe a million dollars in debt may not be the way to go. She said that there are codes governing septic systems. She asked if it was more feasible to fix the existing septic systems. She said that the big monthly bill will be faced for 40 years. She said that the septic systems run from $2500 to $3500 completely installed. She said there has to be a more sensible way to deal with this problem. She said she would have a tough time coming up with the monthly fee as a single parent with a daughter in school. She said that enforcing the codes would be a better way to clean up the town.

 

Kenneth Burton mentioned that he has lived in Opolis for 43 years. He said he has a septic system and never had a problem. He said he bought a house in Opolis in 1986. He said that the house has never had a problem with the septic system. He said that his lot is less than a quarter of a block, which is a small lot in Opolis. He said that the existing systems could be fixed. He said his water bill is $18 right now and the new sewer will make it $50. He said he could afford the $50 bill but there are some people there who cannot. He said there have been five houses built in Opolis in 43 years. He said he sees no where that Opolis could expand. He said that in the count of houses that the inhabitable structures will not be paying on the sewer. He said there are at least six of those and one church and that the bill will go up for everyone because the property owners will not be paying increasing the burden on everyone else. He said at one time there were 60 kids on the school bus and now there are less than nine. He said that also it would not be fair for a single person like himself to be charged the same amount as someone with three or four kids or someone with foster children. He said that these people will put more sewage down the system than the amount he would be discharging. He said his house was built in 1979 and the septic tank has never been pumped. He said that it is completely underground. He said his parents’ septic tank has only ever been pumped once in all the years. He also said that property in Opolis was once sold at $70000 and is now selling at $40000. He said the values are not increasing to afford such a major addition.

 

Gerald Moehlman said he is a full time student and not a resident. He said that when his family is gone he will acquire the debt of his parents. He said there are plenty of septic systems in the area that work just fine. He said that he plans to come back to the area and he said he doesn’t want the debt for the future.

 

Orville Puckett said he is representing Freda Wydick. He asked if the people of the area are compelled to hook onto the sewer once it is installed. Mr. Pichler said that if a person is inside or within 400 feet of the sewer system they would have to hook in. He said that it is a bare faced lie that there is sewage in the streets of Opolis. He said that he has put in septic tanks and he knows that if they are maintained properly that they work just fine. He said that he hates to see people spend money that is not necessary. He asked if the county has control of the incorporated city’s sewer districts. Mr. Puckett said that he served his time in WWII and that he wants to be treated as any person would. Mr. Puckett said that he lives in Frontenac and that he has never been made to hook onto the sewer. He compared the massive amounts of waste produced from a cattle ranch. Mr. Puckett said he would be happy to help advise anyone on putting in a septic system. He said that there is no exposed sewage out of Freda Wydicks’ place.  Mr. Puckett returned after Mrs. Wydick and said that her septic tank was reviewed during wet weather and the clear water had to be pumped from the system. He said there is no sewage coming out of the tank any time except the one time the yard flooded. He said that if anyone is having trouble with a septic tank that they can use rid-x and then flush half a pound of yeast at a time within 10 days until a pound is used and do that once every six months and the tank will never ever have any problems. He said that he has proof that the rid-x and the yeast work well.

 

Freda Wydick, 307 S. Ash, said she hadn’t planned on speaking. She said that she moved to Opolis as a young girl and she moved away and moved back in 1967 and has lived there for the last 38 years. She said she has raised nine children. She said that the stool runs to the septic tank and there is a separate drain for the shower and the sinks. She said that she keeps the septic tank pumped. She said her income is less now than it was several years ago before she became ill with a heart condition. She said there are a lot of older ladies in Opolis who are in worse situations. She said if this goes through then she will be forced to sell her home.

 

Mr. Pichler moved for a five minute recess which was seconded by Mr. Moody and voted yes upon by Mr. Kmiec. The Board went into five minute recess period at 10:41 AM.

 

The Board reconvened at 10:46 AM.

 

  Mr. Pichler called for proponents following the recess.

 

Mr. Stan McNeemer who has lived in Opolis since 1991. He said he lives half a block from one of the brothels the opponents referred to. He said he agrees that the rates should be based on the amount of water usage. Mr. McNeemer said he lives on the lower end of town and he gathers everyone’s rain water and other discharge. Mr. Pichler said that there is a chance that the state would come forward and require that the issues be resolved. Mr. Pichler said that the state was close to requiring a mandated sewer on Fourth Street. Mr. McNeemer said that now is the time to act because grant monies are available. He said that there are several systems in Opolis that don’t work and he said that it is likely that the system will increase property values.

 

Dan Simons said that he is building a new house in Opolis. He said that he put in a new septic system that cost him $4000 and he said he is still in favor of the sewer because when the kids go the park they play in poop.

 

Leroy Lawrence said he lived in Opolis. He said he has a small house that is uninhabitable and it has a water meter on the project. He said that everyone seemed to be in favor of a rural water district. He said a sewer system will enhance the town. He said that several of the lots in Opolis are too small for a septic system. He said he has been back in Opolis since 1994 and that a sewer system would enhance the town.

 

Mr. Pichler called for additional proponents. None came forward.  

 

Mr. Pichler asked if there was a summary from Rural Development. Mr. Yager said that an average sewer bill per user is put out as a comparative measure. He said that the debt service would be at the discretion of the county. He said that bonds will only make up a quarter of the project. He said that the process that is occurring now is to try and secure funding and then allow the Commission to make a decision on how to proceed.

 

Mike Kramer with Kramer engineering came forward at Mr. Pichler’s request. He said that the district was studied in 1998 with grant funding from KDHE because they saw problems with the existing waste water structure. He said that a gravity system and a three cell lagoon system were suggested. He said that on-site alternatives and collection and treatment systems were looked into. He said that there are 700 permitted lagoon systems in the state excluding private lagoons.

 

Mr. Pichler said that now the wait is for Rural Development and CDBG on funding. Mr. Yager said that in 30 days it is likely that Rural Development would come back to the county with a loan and grant proposal. Mr. Yager said that with the census tract data that Opolis is eligible for a 75% grant.

 

Mr. Puckett said he has heard different estimates on the cost. Mr. Pichler said that there are estimates and now the county is looking for ways to lower the estimated cost. Mr. Puckett asked if the cost included hook up charges and Mr. Pichler said that the cost of the hookup was not included in the cost. He is trying to gain clarification as to what it will cost each individual. He said a lot of people can not afford the new cost.

 

On motion (05-361) of Commissioner Pichler and the second of Commissioner Kmiec to close the public hearing on Sewer District Number Six.

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed.

 

Mr. Pichler thanked the people of Opolis for making their opinions known. He said the Commissioners have 38000 bosses and they always try to hear the will of the people.

He thanked Mr. Yager, Mr. Kramer and Mr. Hosack as well for their time.

 

             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: Mr. Wilson, the County Clerk concerning presentation and recommendation for adoption of Resolution 2005-167: a resolution adopted to correct an error made in assessing of personal property and to instruct the County Treasurer to abate the owed amount of tax plus penalty and interest from the personal property tax rolls.

 

 

RESOLUTION

2005-167

 

A Resolution adopted to correct an error made in assessing of personal property and to instruct the County Treasurer to abate the owed amount of tax plus penalty and interest from the personal property tax rolls.

 

WHEREAS, it has come to the attention of the Board of County Commissioners that an error has been made on the assessing of back taxes on the personal property of a William Yates.  The error was made in the County Appraiser’s Office and they request that abatement be made for the tax year 2004 for the following individual.  The truck was scrapped in 2001.

 

NAME                            CUT #        YEAR       VALUE         TAX LESS     BACK TAX

                                                                                                     I & P           WARRANT #

William Yates                 Mul700003     2004           169                 $15.07            2005-0064

PO Box 326

Mulberry, KS  66756

 

IT IS, Therefore, order by the Board of County Commissioners in compliance with K.S.A. 79-1701a and upon a motion made by Commissioner ______________________, seconded by Commissioner _________________________, that the County Treasurer be hereby instructed to abate the amount as shown plus interest and penalty from the personal tax roll for 2004 back tax #2005-0064 in the name of the above individual.

 

Dated at Girard, Kansas on this 15th November, 2005.

 

 

ATTEST:___________________________           ____________________________

               COUNTY CLERK                                  CHAIRMAN

 

                                                                               _____________________________

                                                                               MEMBER

 

                                                                               _____________________________

                                                                               MEMBER

 

 

 

On motion (05-362) of Commissioner Pichler and the second of Commissioner Moody to adopt resolution 2005-167: a resolution adopted to correct an error made in assessing of personal property and to instruct the County Treasurer to abate the owed amount of tax plus penalty and interest from the personal property tax rolls in the case of William Yates.

On a roll call vote:

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed.

 

Item Two: Mr. Kmiec mentioned that he has had a lot of inquiries about roads that were over-layed. He said that he has called the barn and there is enough paint on hand for 15 miles. Mr. Pichler and Mr. Moody agreed that it is important to stripe the roads. The Commissioners mentioned that Mr. Heckert’s crews have been working this past week. Mr. Pichler mentioned that there is no crew for striping. Mr. Pichler and Mr. Kmiec mentioned that it would be good to get a crew together for striping.

 

 

UNDER THE HEADING OLD BUSINESS

OLD BUSINESS

 

Item One: Mr. Pichler concerning the Kansas Association of Counties meeting and the upcoming Thanksgiving holiday.

 

On motion (05-363) of Commissioner Pichler and the second of Commissioner Moody to cancel the Board of Commissioners’ board meeting on November 22 so the commissioners can attend the Kansas Association of Counties meeting and to cancel the Board of Commissioner’s meeting on November 25 in observance of Thanksgiving and to close the courthouse on November 24 and 25 in observance of Thanksgiving.

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:           

Present but not voting:

Absent or not voting:

The motion prevailed.

 

 

UNDER THE HEADING FUTURE BUSINESS AND ANNOUNCEMENTS

            FUTURE BUSINESS

 

Item One: November 18, 2005 – 9:00 AM, Work session with the Capitol Consulting group to establish the Board of Commissioners’ policies for the upcoming legislative session. The Board will have its regular meeting immediately following the work session.

 

ANNOUNCEMENTS

 

Item One: November 15, 2005 -- 1:00 PM, City of Pittsburg web cast on eminent domain at the City Hall in Pittsburg.

 

Item Two: November 22, 2005 – The Board of Commissioners will not meet on November 22 and 25 so the Board members can attend the Kansas Association of Counties meetings and observe Thanksgiving.

 

Item Three: The courthouse will be closed November 24 and November 25 in observance of Thanksgiving.

 

 

UNDER THE HEADING MOTION TO ADJOURN

MOTION TO ADJOURN

Item One: Adjournment

On the motion of Commissioner Kmiec and the second of Commissioner Moody to adjourn the November 15, 2005 meeting at 11:15 AM.

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:

Present but not voting:

Absent or not voting:

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:

 

 

 

 

____________________________

R. J. Wilson

= Seal =                                  County Clerk

 

Taken RJW 11/15/2005 11:15:47 AM, amended 11/17/2005 4:30:47 PM