Meeting Information
-Convene
-Pledge of Allegiance
-Consider approval of minutes of <1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />November 15, 2004
-Recognition of retiring dive team member Byron Miller (Ken McGovern)
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders
(b) Consider approval of revised resolution providing for the installation of a gate on N 300 Road (Permanent Road Record No. 191) in Palmyra Township (Keith Browning)
REGULAR AGENDA
(2) Reconsideration of road access request for Lone Star Road (Keith Dabney)
(3) Consider approval of Douglas County Community Corrections Application for FY2004 Unexpended Funds (Ron Stegall)
(4) Review and approve 7th Judicial District Juvenile Justice Authorize Prevention, Intervention and Core Services Funding Applications for FY 2006 (Pam Weigand)
(5) Consideration of Petition for Hesper Charter Road Improvement District (Keith Browning/Michael Kelly)
Jones called the meeting to order at 8:03 A.M. on Monday, November 22, 2004 with all members present. The Pledge of Allegiance was recited.
Johnson moved approval of the minutes of November 15, 2004 as amended; motion was seconded by Jones and carried unanimously.
MISCELLANEOUS & SHERIFF 11-22-04
The Board recognized the retirement of Byron Miller from the Dive Team. Ken McGovern, Undersheriff, conducted a brief presentation noting that Mr. Miller has served for 18 years. Mike Shanks, Lawrence Police Department, also made brief comments. No action was taken.
CONSENT AGENDA 11-22-04
Jones moved approval of the following Consent Agenda:
- Approve Commissioners Order Nos. 5273, 5274 and 5275. Orders are on file in the office of the County Clerk.
Motion was seconded by Johnson and carried unanimously.
PUBLIC WORKS & ZONING 11-22-04
The Board discussed a request received from Phil and Kerry Metsker to discuss options regarding a requested entrance at Lone Star. Keith Dabney, Director of Zoning & Codes, and Keith Browning, Director of Public Works/County Engineer, were present for the discussion. Dabney explained that the Metskers are requesting access in order to access land for agricultural purposes. This request was originally discussed on 10/04/04 and again on 10/13/04. Dabney also explained that the current owner, Alvin Fishburn, obtained approval from the County Commission for a drive crossing Lone Star Lake property to service a new residence. However, the drive was never constructed.
Johnson questioned whether the applicant would need to obtain a permit for agricultural purposes. Dabney responded that they would not unless they intended to construct a building. Johnson then asked if no matter the use, would an entrance permit be required to take access. Dabney and Browning responded that a permit would be required. Johnson questioned whether the application would require the type of use on it. Browning stated that there is a section on the application indicating the type of use.
Johnson then stated he was originally under the impression the Metskers were asking for an entrance in order to obtain a building permit for a residential site.
Dabney stated that this was true, initially. Browning noted the entrance permit was in Metsker's name.
Johnson questioned why Fishburn didn't construct the road. Browning and Dabney responded they were not sure.
Jones stated that since the property was not land-locked, he questioned the Board's legal obligation to grant access. The Metskers do have access off of a minimum maintenance road. He also questioned why Fishburn wasn't the applicant since he owns the property. Jones requested that staff look into that particular issue.
McElhaney noted that according to case law, the tenant or person working the property has a statutory right to request certain things such as water usage, drainage, right to access property -- the request d s not have to come from the property owner.
Vernon Jarb , attorney for the Metskers, stated that the Metskers are the farming tenants as well as being the contract purchaser. Jarb noted that the purchaser holds a legal interest in property even though it hasn't closed yet, which explains why the applicant is the buyer instead of the current owner. Jarb also stated that since the property abuts a public road, the property owner has the right of access.
Jones stated that staff contends this is not a public road.
Jarb noted that there are at least 32 entrances which appear to exist mostly on land owned by public. If there were no other entrances, there might be that argument.
Johnson noted he was under the impression that the Metskers intended to build a house on the property. Jarb stated that no house is involved -- his clients agree this is for an agricultural entrance only.
Jones stated he would like to table this item to consult with the County Counselor.
Johnson noted for the record that he'd had a long conversation with the Metskers and learned more about their request. Johnson further stated that he was not in support of the request unless required by law.
Jones reiterated his recollection of a long discussion about the construction of a residence and the fact that access could not be taken off of a minimum maintenance road for that purpose. Jones requested additional information from the County Counselor and that this item be tabled until a date that the County Counselor would be available to attend. No action was taken.
PUBLIC WORKS 11-22-04
The Board noted receipt of a petition for Hesper Charter Road Improvement District. Keith Browning, Director of Public Works/County Engineer, explained that this petition calls for the improvement of existing aggregate surfaced roadways by constructing an aggregate base with chip sealed roadway surface and drainage structure replacements. After discussion, Jones made a motion to accept the petition and directed staff to schedule a public hearing for December 15, 2004, subject to the petition being validated. Motion was seconded by Johnson and carried unanimously.
ACCOUNTS PAYABLE 11-22-04
Johnson moved approval of accounts payable in the amount of $418,793.21 to be paid 11/22/04; merit payroll in the amount of $68,314.67; and electronic funds transfers in the amounts of $5,238.61 for FICA and $2,992.92 for KPERS to be paid 11/19/04. Motion was seconded by Jones and carried unanimously.
Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.
______________________________ ________________________________
Charles Jones, Chairman Bob Johnson, Member
ATTEST:
______________________________ ________________________________
Patty Jaimes, County Clerk Jere McElhaney, Member
Time and Date