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The VOTER
President's Message June was a busy month for advocacy. Acting on the League's National position on health care, LWVUS President Mary Wilson recently urged Senators to reauthorize the State Children's Health Insurance Program (SCHIP) that provides access to health care coverage to low-income children. More information about SCHIP and bills that have been introduced in Congress is printed in this Voter. League members may support President Wilson's effort by contacting Senators Roberts and Brownback and asking them to support reauthorization of the State Children's Health Insurance Program (SCHIP) when it comes to the Senate floor for a vote. At this time of year, Riley County Commissioners deliberate on the county budget. On behalf of LWVMRC and in support of LWVUS and LWVK action resolutions, I delivered a public statement on June 18 to the Board of Riley County Commissioners supporting voter-verified paper audit trails for voting machines used in Riley County. The full text of this statement appears in this Voter. The U.S. House of Representatives is considering H.R. 811 that would require that voters can verify while they are in the act of voting, either by eye or with the aid of suitable devices for those who have impaired vision, that a paper ballot/record accurately reflects their intended vote. This bill has 216 cosponsors. League members may individually contact Riley County Commissioners and Representative Nancy Boyda to support League efforts to equip voting machines in Riley County and nationwide with devices that provide voter-verified paper audit trails. Acting on the LWVMRC position on appointments to the Law Enforcement Board, I spoke on behalf of the League at the June 5 City Commission meeting regarding recent appointments to the Law Board. My statement, crafted by several League members, represents our League position that the intent of the statute that created the Law Board is to include citizens on the board who aren't elected officials. The full statement appears in this Voter. During the May LWVMRC board meeting, the board reviewed our local non-partisan policy, which requires that the board review it annually. The board voted to remove the words "of citizens" from the mission statement in the first paragraph to be consistent with recent LWVUS changes to the statement. The board also voted to add the Voter Editor to the list of high visibility officers who are prohibited from participating in partisan activities during their terms of office. The revised policy is printed in this Voter. State Representative Tom Hawk will be speaking to LWVMRC members at the July Lunch With League, which will be held at the UFM Learning Center, 1221 Thurston St. This will be an excellent opportunity to learn about wind energy and clean air legislative initiatives in Kansas and see what's new at UFM. Lunch is available for $5.50 beginning at 11:30 a.m. and the presentation starts at noon. Please note the change of location and plan to attend. Electronic Voter Following the example of the LWVUS, and in an effort to live up to our own environmental position statement, the local League board voted to change how we send The Voter to readers. Beginning with the September 2007 issue, The Voter will be sent to readers by e-mail in PDF format. We request that those readers who do not currently receive e-mail from the LWV Manhattan/Riley County contact Voter Editor Hilary Esry and provide her with their current e-mail address. Those readers who prefer to receive a paper copy should contact Voter Editor Hilary Esry and request to receive a printed version. To contact the Voter Editor:
If at any time you wish to be removed from the Voter mailing list, please send an e-mail to lwv.manhattanks@gmail.com or contact the current Voter editor. Current and back issues of The Voter will continue to be posted on our web site (see the bottom of this page). Edith L. Stunkel Good Government Award The League of Women Voters recently recognized Mr. James E. Butler as the fourth recipient of the Edith L. Stunkel Good Government Award for his ground-breaking work over several decades on behalf of civil rights, freedom and equality for all in the U.S. Armed Forces, the Manhattan community and the state of Kansas. "During his time of service he never sought the spotlight, but worked quietly behind the scenes during a stressful time of great change in regard to civil rights in the United States, particularly for African Americans," said Karen Mayse, President of the League of Women Voters of Manhattan and Riley County. Mr. Butler has served the Manhattan and Riley County community almost since he arrived in 1946 as a soldier stationed at Fort Riley. Four different governors appointed him to the Kansas Civil Rights Commission during the years 1979 to 2005. He served on this commission longer than any other member it its history and was its chairman for several terms. He has also served on the Riley County Community Corrections Advisory Board, the Manhattan Housing Authority, the Manhattan Urban Area Planning Board and Citizens Involvement Committee. He became active in politics and was a candidate, albeit unsuccessful, for the Manhattan City Commission, the Kansas legislature and the Riley County Register of Deeds. During Mr. Butler's nearly 32 years of military service, he was assigned to Ft. Riley six times. He was a personnel officer and later race relations officer for the U.S. Army. He retired from the army in 1974 as a warrant officer. Throughout this time, Mr. Butler, now 93 years old, has been active in the Bethel AME Church and raising his family. State Children's Health Insurance Program Legislation and Advocacy LWVUS President Mary Wilson recently urged Senators to reauthorize the State Children's Health Insurance Program (SCHIP) that provides access to health care coverage to low-income children. "Over the past decade, six million children have been covered by SCHIP in addition to the 28 million children covered by Medicaid," wrote Wilson. "Even with these advances, over nine million children, many of whom are eligible for Medicaid or SCHIP are without heath coverage." The program has played a critical role in reaching uninsured low-income children who are not eligible for Medicaid. Wilson pointed out that unless the program is fully funded, those children currently covered under SCHIP could lose their coverage. Governor Sebelius recently signed legislation to enroll children already eligible for government-subsidized coverage. When the U.S. Congress reauthorizes the children's health insurance program, it will be determining the amount of matching funds available for such efforts. In a June 18 USA Today article, AP writer Kevin Freking reported that Andrew Allison, who oversees the Medicaid and SCHIP programs in Kansas, said that Kansas hopes to find eligible families at places such as public health clinics and hospital emergency rooms. Allison explained that families who don't qualify for cash assistance often assume they won't qualify for health insurance assistance and that mass marketing of public health insurance is not an effective way to generate enrollment. The Kids Come First Act of 2007 (S.95, 7 cosponsors, referred to the Senate Committee on Finance) would amend titles XIX and XXI of the Social Security Act to give states the option to receive 100% Federal Medicaid Assistance Percentages for medical assistance for children in poverty in exchange for expanded coverage of children in working poor families under Medicaid or SCHIP. It eliminates the cap on SCHIP funding for states that expand eligibility for children and gives states the option to: (1) provide wrap-around SCHIP coverage to children who have other health coverage; (2) enroll low-income children of state employees in SCHIP; (3) provide optional coverage of legal immigrant children under Medicaid and SCHIP; and (4) provide for passive renewal of eligibility for children under Medicaid and SCHIP. Its companion bill, H.R.1111 (with 41 cosponsors) has been referred to the House Subcommittee on Health, Employment, Labor, and Pensions. The Children's Health First Act (H.R. 1535, 41 co-sponsors, referred to the House Committee on Energy and Commerce) amends title XXI of the Social Security Act to grant states the option to expand coverage of children whose family income is any percentage up to 400% of the poverty line. It authorizes states to offer purchase of coverage for uncovered children under SCHIP who are not otherwise eligible for assistance under SCHIP or Medicaid; requires coverage of early and periodic screening, diagnostic, and treatment services, including dental services, federally-qualified health services, and rural health clinic services; provides for an increase in the federal medical assistance percentage for medical assistance for children for states that expand coverage of children, and prescribes a special rule for school-based outreach and enrollment. Its companion bill, S. 895, has been referred to the Senate Committee on Finance. Statement to the Board of County Commissioners - June 18, 2007 Commissioners, my name is Karen Mayse, I am President of the League of Women Voters of Manhattan and Riley County and I live at 3340 Newbury in Manhattan. I'm sure you know of the League because of our candidate forums. The League is a non-partisan organization. We do not tell people how to vote. We simply help people become informed and encourage them to vote. Our broader mission is to encourage people to learn about local, state and national issues and communicate their ideas and concerns. That is why I'm here today. We respectfully request that you take steps to protect the integrity of voting in Riley County. We believe that the electronic voting machines we are using are complex enough that it is difficult to ensure their reliability and security. Reliability depends on always having hardware and software that functions exactly the way it is supposed to - and by always, I mean every single time someone votes. If you use a computer, you are surely aware that computers and the software that run them sometimes do not work as advertised, and it's not always easy to see that a computer is not functioning the way it is supposed to. It may take a computer technician with years of education and experience to detect that something isn't working correctly. Our election workers are likely to only notice obvious problems. Because all of the votes in our county are recorded digitally with no paper record that voters can verify while they are in the act of voting, we can't be sure that votes are recorded exactly as intended 100% of the time. Voters in our county are being asked to place complete trust in our vendor to provide us with software that functions flawlessly, yet we have already experienced in this county software that didn't properly display vote summary screens. And that occurred this spring in an election that resulted in a tie. Since there is no voter-verified paper record of the voting, there is no reliable way to recount votes. Security vulnerabilities come in two flavors, unintended and intended. People who use computers see both every day in software with unintended bugs and intended malicious attack codes. Software security updates have become routine, downloading automatically onto our computers overnight. Voting machines are vulnerable just as any other computer to unintended software glitches as well as to those who have the means, motivation and ability to manipulate an election. Currently voting machine vendors pay and choose testing laboratories that certify their machines. This is a clear conflict of interest. In determining whether to certify a machine as secure and reliable, testing labs must be aware that a denial of certification might affect a voting machine vendor's decision to use the laboratory for additional Certifications in the future. Not surprisingly, according to independent review by New York University's Brennan Center, testing laboratories have certified many machines that have been shown to have serious security defects that violated federal guidelines. I'm sure you're aware of the bill in the US Congress, HR 811, that would address many of these issues. It would require that the voter can verify, either by eye or with the aid of suitable devices for those who have impaired vision, that the paper ballot/record accurately reflects his or her intent, while the voter is in the act of voting. Under H.R. 811, the federal government will pay for most costs associated with its mandates. It allocates $1 billion for equipment replacement and upgrades. It also allocates money to the states to conduct audits to check electronic totals by counting a random sample of paper records. It requires laboratories to meet standards prohibiting conflicts of interest as a condition of accreditation for the testing of voting system hardware and software. It prescribes testing procedures and authorizes appropriations. This bill is not a perfect law, but it does go far to protect the integrity of voting. The League is asking you to keep voting integrity upper most in your mind and begin taking steps as soon as feasible to fit the machines we use in Riley County with a voter-verified paper audit trail. Thank you for listening and for allowing me to speak. Statement to the City Commission - June 5, 2007 Mayor Phillips, Commissioners, I am Karen Mayse of 3340 Newbury, and President of the League of Women Voters of Manhattan and Riley County. As I have mentioned to you before, the League encourages people to be informed and to participate actively in government - and not just during elections. We believe that public service is a noble endeavor, and speaking out on issues is basic to our democracy. In spite of the statute's plain distinction between these two membership categories, the city and county commissions regularly appoint their own members to the residents' positions. When asked, the Kansas Attorney General did not comment on legislative intent but only advised that this practice is not illegal. Yet, the statute contains repeated evidence of an intent to include non-elected citizens. In defining terms of service on the board it states that "appointive members of the agency shall serve for a term of two years, and other "members of the agency who are members by virtue of their county or city office shall remain eligible to serve as such only while holding such county or city office…." We have previously cited these two categories of membership, and we thank you for hearing our concerns about how the commission applies them. At least, the commissions have now become careful in identifying which of their members are in which slots. Yet we note that current practices stretch the meaning of the law. They eliminate the statute's obvious intent to provide for citizen participation on this important public body. In addition to taking liberties with membership categories, the city commission recently adopted a policy for the commissioners appointed to residents' slots on the Law Board. We understand that, as a condition of appointment to a resident's positions, a commissioner must first agree to resign from the Law Board at the end of his or her term as a commissioner so that another commissioner can be appointed to the vacancy. Can such a resignation be seen as truly voluntary, when the commission has applied duress to secure it? Are we to believe that these "residents" are no longer qualified to complete their terms on the law board when their term as city commissioner ends? Must we accept that only elected officials have the competence to serve on this board? Surely, there are other citizens in this community who are as conscientious as commissioners in determining the budget and policies for law enforcement in our community. Lastly, the commission's new policy creates further conflict with the law, because you have created a situation where a majority of city commissioners sits on the Law Board's meetings. Yes, there is public notice of the Law Board meetings but even though required by law, there is no notification that a quorum of commissioners will be present at those meetings where city business will be conducted. We highly doubt the public understands this significance. While we understand the commission's rationale, still we have concluded that your interpretation of Kansas law works against a long tradition of citizen participation and involvement in the governance of our community. This tradition is a bedrock principle of the League, and our enduring dedication to that principle brings me here tonight. When non-elected citizens serve on government boards, our community is strengthened in a variety of ways - it creates government transparency, it broadens community understanding of complex issues, and it brings greater capacity for new ideas. These boards also serve to prepare citizens for further public service and for possible future leadership roles. It is for these reasons that the League urges you to reconsider your policies on appointments to the Law Board and to begin appointing non-elected citizens to positions that are set aside to be filled with Manhattan residents. Thank you for listening to my comments. Nonpartisan Policy Adopted 1993, amended June 1994, amended May 2007. This policy shall be reviewed annually by the Board of Directors and amended as deemed necessary to protect the credibility and effectiveness of the League of Women Voters of Manhattan-Riley County, Kansas. The League of Women Voters of Manhattan-Riley County, Kansas is a political, nonpartisan organization that promotes political responsibility thorough informed and active participation in government and acts upon positions established through member agreement. The League is political because it takes action on public policy issues based upon positions established through member agreement. The League is nonpartisan because it does not support or oppose any political party, any candidate for elective office (whether or not under a party designation), any office holder, or any group that supports candidates. The nonpartisan policy has proved to be most important in maintaining the credibility and effectiveness of the League and should be guarded carefully. It is important that both League members and the public understand this policy. A. Nonpartisan Policy Concerning All League Members The League, by promoting active citizen participation in government and the political process, encourages individual members to support the party and candidates of their choice. No member shall undertake any activity which may constitute a public statement of partisan position which could be attributed to the League. The League membership roster is not to be made available for non-League use without Board approval. B. Nonpartisan Policy as Applied to High Visibility Board Members Board members holding a position of high public visibility shall limit their partisan participation to attendance at partisan function for the purpose of becoming informed about candidates and issues. The President, President-elect, Voter Service/Citizen Education Chair, Finance Chair, Treasurer, Voter Editor and other members who, in the opinion of the Board, hold high visibility positions will be restricted by this provision. C. Nonpartisan Policy as Applied to Low Visibility LWV Positions Board members holding positions of low visibility shall choose very carefully any partisan activities in which they intend to participate and keep foremost in mind the nonpartisan position of the League. Members with low visibility positions may contribute to campaigns or parties, work behind the scenes for a party of a candidate or in a campaign office, attend political functions, host a small political party or candidate function, display yard signs or bumper stickers, be a precinct committee person, serve on election boards and be poll watchers.
Board Members and Committee Chairs who desire to become more active in a political campaign or partisan political party than mentioned above shall seek the advice and consent of the Board as to whether the following activities would affect the community's perception of the League' s nonpartisanship and whether to require that member's resignation from the Board: D. Candidacy for Public Office No Board member shall be a candidate for or serve in an elective office. Members may serve on governmental commissions at their own discretion. If the member is serving as an official League representative, the appointee must be fully aware of League positions as they relate to the commission's responsibilities. E. Notification of Partisan Activity Any Board member or Committee Chair shall promptly inform the President if he or she declares for elective office or determines to undertake partisan activities that may be inconsistent with the nonpartisan policy of the League of Women Voters of Manhattan-Riley County, Kansas. The Board shall determine whether resignation from the position is appropriate, and, if so, when the resignation shall be accepted. Any public statement regarding the resignation shall be made by the President, not the resigning member, and shall avoid the appearance of endorsing the resigning member's partisan activities. F. Monetary Contributions by the League The League of Women Voters of Manhattan-Riley County, Kansas does not make monetary contributions to other organizations, nor does it contribute money to support special projects or activities of other organizations. If the Board decides to join a coalition for action, the Board makes the decision on contributing to the coalition, if appropriate. G. Political Activities of a Spouse or Relative The political activities of a spouse or relative of a Board member or Committee Chair shall be considered separate and distinct from the activities of the member. H. Cautions! No League member should solicit both political and League contributions from the same individual or organization within a 24-month period. Political activity by a Board member not addressed by these guidelines will be reviewed by the Board as situations require. Observer Reports Riley County Commission May 21 - Present: Mike Kearns (presiding), Alvan Johnson, and Bob Newsome Rod Meredith, Public Works Director, said that all projects were delayed by about four weeks because of the flood, and he reported on damage. Charlotte Shawver, Register of Deeds, reported on records preservation and security issues. She said that their records are backed up and copies of the tape are sent to an off-site location. At least once a month images of new documents are transferred electronically to Wichita, where they are converted to microfilm and sent for permanent storage in the salt mines at Hutchinson. Riley County currently has over 872,000 pages of documents and approximately 10,700 pages of land books on microfilm in storage, including records back to the 1850's. Noting the Greensburg tornado, Shawver delineated the emergency operations plan. Greg McHenry, County Appraiser, reported that Riley County's 2007 real property valuation is $4.34 billion, a 14% increase over last year's figure. New construction accounts for about $132 million, divided between residential at about $110 million and new commercial accounts at $12 million. Brent Bowman reviewed the Riley County Plaza area office space needs. He listed present net area at 61,750 square feet and noted that 73,500 is needed. He advised that it would be less expensive to build a new facility than to purchase and renovate the adjacent church building. Space on the second and third floors of the courthouse will serve a maximum of about five years, following which substantial renovations would be needed. May 24 - Present: Kearns (presiding), Johnson, and Newsome In public comment many questions were raised about the realignment of K18. Enterprises along the highway are concerned about restricting access to their businesses. Barry Wilkerson, County Attorney, reported that the number of cases filed is comparable to previous years. Leon Hobson reported on damage to roads from the rain in various parts of the county. A number of people appeared for the work session on the proposed moratorium that would postpone building houses on sites of 20 acres in rural areas. There are many exceptions to the restrictions, including already platted and rezoned areas, areas around third-class cities, areas within a half mile of Tuttle Creek shoreline, and unique incorporated areas within the Manhattan Urban Area Planning Board's control. After discussion, it appeared that the moratorium's future is in doubt. The commission is working with the Vision 2025 Committee and the Riley County Planning Board on a requirement that, before the issuance of a building permit, a non-agricultural residence owner would sign an affidavit action waiving the right to file a nuisance claim against any existing or future agricultural use, e.g., a swine production facility. May 31 - Present: Kearns (presiding), Johnson, and Newsome Commissioners signed a letter to the Secretary of the Kansas Department of Transportation asking for drainage improvements to reduce flooding along K-18 highway. County Counselor, Clancy Holeman reported that Lyon County is considering consolidating law enforcement and is requesting input from Riley County. Holeman also noted that the new incentives in state law regarding recidivism rates in community corrections tend to penalize counties doing a good job. County Engineer Leon Hobson reported on the K-18 advisory committee. Commissioner Newsome said he had received requests from area business owners wanting to be appointed to that committee. Newsome also said he thought that those people should be appointed and, in fact, anyone who wanted to serve on the committee should be allowed to do so. Hobson noted that the committee was appointed by the Department of Transportation and included entities other than Riley County including Ogden, K-State, Manhattan and Fort Riley. All interested persons were, however, welcome to come to the meetings and express their opinions. June 4 - Present: Kearns (presiding), Johnson, and Newsome The Board of County Commissioners decided to delay a decision on establishing a Public Building Commission. Jennifer Wilson, County Extension Director, announced that this year's county fair will be July 26-30 at CiCo Park. It will feature 4-H exhibits, commercial booths, the Blue Valley Pork Producer's BBQ, the Kaw Valley Rodeo and a carnival provided by Ottaway Amusements. The fair's website is www.rileycountyfair.com. Cheryl Collins said the Riley County Historical Museum will hold a brown bag lunch with a discussion of life in Manhattan during the late 1950's and early 1960's on Thursday, June 7. The Museum would especially like to copy photographs of local scenes from that time period. Hobson reported that the original application for the Highway 24 lane widening project was made in 2006. He stated BG Consultants has kept KDOT updated on changes made. June 7 - Present: Kearns (presiding), Johnson, Newsome There were two environmental items - one a complaint about the county's roadside spraying at a time of high winds and the other about the Clean Water Act. The Board asked Clancy Holeman to draft a letter opposing the Clean Water Act. In a later appearance Dennis Peterson, Director of Noxious Weeds, said that his group was not spraying at the time cited. During the appearance of Monty Wedel, Director of Planning and Development, the commission agreed that Mike Hill will replace Roger Schultz on the Vision 2025 Committee. Approval was given to the 2007 review of the solid waste plan. Also, following Wedel's recommendation, the county will assist cities and townships in compiling address data for the 2010 US census. Continuing to express concern about inadequate state support of the corrections budget, the commission noted that this year's $23,000 increase was helpful but insufficient to meet state standards. And, County Counselor Holeman asked Frank McCoy, Director of Community Corrections, to document his objections in order to anticipate possible future litigation. Craig Cox, Assistant County Counselor, discussed using a resolution to establish a county code court, which would deal with code violations. He explained that a 2007 amendment would subject the county to a protest petition and public vote if it had not taken necessary steps to set up code enforcement. Cox said the establishment of a code court would promote public health, safety, and welfare. Included are zoning regulations, the sanitary code, and nuisance weeds. He noted that county staff could be used to create a code court with no additional expense and that court costs and fines would be assessed where violations are found to have occurred. Following up, the commission adopted the necessary resolution. Rich Vargo, County Clerk, commented on the potential impact of current federal legislation, HR811, regarding elections and voting equipment. June 11 - Present: Kearns (presiding), Johnson John Cowan, GIS Coordinator, demonstrated the county's topographical mapping and modeling system, which has 3-D capability and is currently available only to certain GIS staff. Monty Wedel, Director of Planning and Development, reported on progress of the Vision 2025 Committee. The residential section of their document is progressing slowly. Agricultural preservation will be dealt with next. They are attempting to reconcile the right to develop property with the need to preserve property owner rights protected by zoning. Pat Collins gave an overview of flood damage. He hopes that the damage level will activate FEMA assistance. There have been two major storms lately, each causing widespread damage. Collins said the estimate on road damage is $350,000. Jennifer Wilson, County Extension Director, said they have 92 campers and 24 counselors signed up for the 4-H Camp at Rock Springs on June 23-26. Riley, Geary, Pottawatomie, and Wabaunsee Counties work together on this project, which include sessions where eight- and nine- year old children learn self-care, cooperation, consensus building, etc. Kearns gave a presentation on plans for Juneteenth celebrations in Manhattan on Saturday, June 16. Leon Hobson, Director of Public Works, discussed space needs of county operations and asked for guidance. He announced that Gary Rosewicz has been honored with membership in the American Road and Transportation Builders Association. Clancy Holeman led an administrative work session. Among topics discussed were: the Kansas Bio-Science Authority now has a new administrator; and only the state has authority to conduct mail ballot elections, as they do not come under county home rule -- and, although issues may be voted on, election of candidates is not permitted by mail. Commissioners expressed concern about substandard and dangerous private roads built by developers. The county or the townships should not be expected to maintain such roads. Cheryl Collins reported that the County Historical Museum has had water damage from recent storms. She also said Goodnow House had not received maintenance funding from the legislature, but the Kansas Historical Society said it may be able to help. Greg McHenry, Appraiser, said all change-value notices were mailed in May. He said the local real estate market has slowed somewhat in the past few months, but houses under $200,000 are still in strong demand. June 14 - All commissioners present. Jennifer Wilson, Extension Director, made the 2008 appropriation request and included a small increase for the 2008 county fair. Lyle Butler, Manhattan Chamber of Commerce, gave an update on core revitalization. He said they are assisting Dial in finding tenants for anticipated space in the new development on the north side. He believes that KSU's facilities gives the bioscience research proposal a good chance of being selected for support. Seth Child Commons is completely full. The main problem with our attracting businesses is the low unemployment rate and resultant lack of workers. Wages have gone up, but there is still a scarcity of workers, particularly those with high skills. Mandy Chapmen-Simple presented the budget request for Manhattan Emergency Shelter and discussed plans and features for the new shelter. The Manhattan shelter has been designated "the most successful shelter in the state." Last year they turned away 150 people because of lack of space, and, so far this year, they have already turned away 70. Ideally, people will be moved to transitional and eventually permanent housing, with supportive services. As of now, about 60% leave with a job or other income, such as Social Security disability payments. About 50% of their clients have a mental illness, and 35% have drug and alcohol addiction problems. Lori Feldkamp, Big Lakes Developmental Center, summarized her budget request. They broke ground two weeks ago on an expansion of the facility on Hayes Drive. They expect to receive some state funds to help reduce a statewide waiting list of about 300 people in need of services. The average waiting time is three years. In February they opened another group home. They gained KARP accreditation for a 3-year period (the highest available) and received three commendations. County support will be used to help with a match for federal support of transportation needs. In answer to a question, Feldkamp said the group home that had been in the news, as being threatened by the northern downtown development, was spared by the city. She added that they are having trouble finding and recruiting sufficient staff. June 18 - All commissioners present. The early part of the meeting dealt with a number of road maintenance issues, with additional questions dealt with in a later period for public comment. League President Karen Mayes appeared and presented a statement on the need for voter verified paper audit capability for Riley County's electronic voting machines. Larry Couchman gave a brief report on arrangements for the Country Stampede, June 21 - 24. The commission heard a report from Court Administrator Becky Topliff on the process for nominating candidates to fill the new position of Riley County magistrate judge. Manhattan Chamber of Commerce President Lyle Butler presented the 2008 request for support in the amount of $50,000. Riley County Law Board June 18, 2007 -- Present: Hatesohl, Kearns (presiding), Phillips, Snead, Strawn, Wilkerson In the public comment segment individual citizens addressed the Law Board on 1) a protracted spousal abuse case where additional police assistance and other measures were reported to be needed with yet no resolution, 2) a personnel turnover rate in the RCPD that raises concerns about the loss of experience when officers have to be replaced frequently - some 40 in the last four years, 3) the hope for satisfactory conclusion of salary negotiations between the department and the Fraternal Order of Police, and 4) a family's serious dissatisfaction with the current status of their complaint against certain officers who are alleged to have used inappropriate procedures in interviewing a child in a suspected case of abuse. Having been published as required by law, the proposed budget, containing a 6% increase over last year, came forward for board action. Mr. Snead moved to amend the budget with only a 5% increase. In discussion it was noted that about 85% of the budget is for personnel, and that funds for operations would have to absorb any cuts. Some members expressed concern that public safety is a high priority activity with a public expectation that needed services will be provided and that the absence of funds near year's end would not excuse a failure to provide them. It was further noted that, unlike the city and county, the RCPD has no reserve to ensure that necessary operations are not jeopardized. Other members, noting rising public anxiety about tax levels, argued for a modest reduction in budget authority for the coming year. After some discussion Snead revised his amendment with a limit of 5.5%. Kearns, Strawn, and Wilkerson voted against the amendment, while Hatesohl, Phillips, and Snead supported it. With a tied vote, the amendment died, and the board unanimously adopted the budget as originally proposed. The next step forwards this result to the city and county commissions for their action. The Law Board considered next moves in the search for a new director of the RCPD. Earlier discussion identified possible assistance from the International Association of Chiefs of Police at a likely cost of $26,000 - 30,000, one component of which is the formulation of a profile of qualifications and responsibilities. Further discussion, however, emphasized local development of the profile, perhaps updating the earlier version. It was agreed that the board chair would name a committee for that assignment - two law board members, a line officer in the department, and a citizen. Board of Zoning Appeals June 13 -- Board Members Present: Connie Hamilton, Chairperson, Calvin Emig, Harry Hardy, Kate Watson, La Barbara Wigfall. Staff Present: Steve Zilkie, Senior Planner, a new member of the department and an intern. Public hearing to consider an exception to allow a reduction of the minimum front yard setback along Stagg Hill Road at the corner of Sumac Drive: The issue was rather simple and, given the size of the lot (rather large) and the terrain, there was no opposition to this exception and it passed 5-0. Similarly, consideration of a conditional use permit for a proposed dog wash addition to Willie's Car Wash (Tom Abbott) in the Industrial Park district was approved with limited discussion. A public hearing on an exception to allow for lot coverage of the property to exceed requirements on the east side and on the rear of the property to expand an existing detached garage raised many questions. This property has caused the neighborhood much distress over time. It is owned by the applicant, Nickolas Zack. According to testimony he has been cited a number of times for code violations on the property, particularly with the house and its condition. The property is located at 1415 Colorado Street. Several neighbors were present to protest this application and it failed on a vote of 5-0. Consideration of a conditional use permit to allow for construction of a two family dwelling unit, located within a Four-family Residential District with Traditional Neighborhood Overlay at 825 Osage Street. The proposed house will be greater than the floor area allowed as well as having three bedrooms instead of the allowed two for a unit of that size. It is a 50x150 feet lot in a residential neighborhood of traditional housing. A number of neighbors were present to protest, as well as members of the Coalition of Manhattan Neighborhoods. The application was denied, 5-0 with suggestions of changes that could be made in the application to more nearly comply with the code requirements. The owner is Rick Days of California who attested that he planned to retire some day and return to Manhattan to live. He was, however, a man who may have another 20 years before retirement. The plan appeared to be drawn to accommodate the maximum number of students in each of the two apartments with insufficient parking for those numbers. The owner was represented by Dan Knight, Architect. Manhattan City Commission June 5, 2007 PUBLIC COMMENT: ACTIONS OF THE COMMISSION: They will employ 58 people initially with a long term goal of 107 employees within 5 years. They have contracts to provide products for the Universities of Texas, Oklahoma, Nebraska, Oklahoma, Arizona and Oklahoma State University. A lot behind the present structure will provide parking for employees. Sixty-three percent of the employees will have a base salary of $9.50 per hour and the overall average wage is $14 per hour. Ten percent of the employees will be part time. Full time employees are eligible for benefits including health insurance. The second part of this application was a request for economic development assistance with a $500,000 loan, $250,000 as a conventional loan at 3% interest and the balance forgiven if the performance criteria is met each year. MOTION PASSED 5-0. Consider Interlocal Agreement with the board of Pottawatomie County Commissioners regarding wastewater treatment for the Blue Township Sewer District and approve first reading of an ordinance amending the Code dealing with sewer connection fees and monthly sewer service charges. This contract will be renegotiated every 10 years by mutual agreement. Any impasse issues will be resolved by binding arbitration. City Manager Fehr stated that the city gain in this arrangement is that the city can annex property along Highway 24 corridor, thus increasing our sales and property taxes collected. Fees are based on the new district buying 7% of Manhattan's current plant capacity. We are at 60% of plant capacity at this time. Blue Township District will pay 7% more for connection than a Manhattan resident and the monthly service fee will be 12.5% more than the fee for a Manhattan resident. MOTION PASSED 5-0. Resolution and first reading of an ordinance authorizing up to $10 million in special obligation tax increment financing revenue bonds (TIF) for the south redevelopment project to purchase property. The general discussion included a review of the South End Redevelopment Project. The city needed this ordinance so that all paperwork and terms for acquisitions could be accomplished under one resolution and ordinance as well as approving the issuance of the bonds. Dial representative, Mr. Klobasa, was asked why the Dial Company could not finance the acquisitions for the south end. He stated that their investment is already large with $30 million invested in the north end, plus a $37 million loan to purchase the Fairfield Inn. They will also own the proposed Convention Center. Local investors have invested $900,000. The ordinance will authorize the city to sell special revenue bonds with the moral obligation from the city to back the bonds with revenue outside of the redevelopment district. MOTION PASSED 4-1 WITH COMMISSIONER STRAWN VOTING NO. USD 383 Board of Education May 23, 2007 -- Regular meeting The board spent the entire meeting discussing facilities planning with Mike Mayo, consultant from the Ebert Mayo Design Group. In planning for if/when the district may need a new elementary school, board members indicated that they would like to maintain target class sizes and not increase class sizes as enrollment increases. Board members also said they would like to see each existing elementary school have six dedicated classrooms (i.e. rooms used for Spanish, music, art, special education, computer lab, etcetera). The board considered whether to have space available for preschool programs. At present, the district is required to provide preschool programs for special education students but does not have to offer preschool for all students. Board members said that grades K-6 should have priority, and they did not want to reserve space for preschool programs. Mr. Mayo asked board members their preferences for parking and traffic issues around schools. Board members indicated that they needed more information on costs, but in general, they did not think providing additional parking was a priority. Board member Dave Colburn said he would like schools to have bus drop-off areas separate from parent drop-off areas. Other board members thought there might be creative ways to solve the drop-off area problem that wouldn't involve much expense. Mr. Mayo asked the board if they wanted to create "safe rooms" (i.e. severe weather shelters) in the district's schools. Most schools would need to have more than one safe room in order to accommodate all of the students, and the rooms would be able to be used during the school day for other purposes. Board members' responses were mixed. If a new school is constructed, the members agreed that safe rooms should be included. They also thought safe rooms could be added to any schools that might have additions built on. Board member Nancy Knopp was concerned about the inequity of providing safe rooms for some schools and none for other schools and thought it might be more fair to not provide safe rooms at all. The board discussed options to address asbestos in the district's buildings. Mr. Mayo said that the district could possibly save 50% of the total cost of asbestos removal if it was all done at once. Board members liked the idea of removing all of the asbestos at the same time, but doing so would likely be very costly. Board member Walt Pesaresi said that the costs of asbestos removal could possibly be included in a bond issue. All of the district's schools are fully handicapped accessible except for Bluemont, Roosevelt, and Wilson Elementary Schools. Board members agreed that it was still acceptable that these schools are not fully accessible and did not want to dedicate funds to making the schools fully accessible. Board members discussed the possibility of building another high school. Board members agreed that they would like to continue to have grades 10-12 at the high school and 9th grade at East Campus. The board considered setting a "flash point" enrollment number that when reached, would mean a new high school was needed. Board member Randy Martin was concerned that an enrollment-driven trigger would be too late because the current high school would be too crowded, a site would have to be purchased, plans would have to be developed, and the building constructed, all of which would take too long. Board member Susan Marshall was concerned about the perceived inequity between a new and old building and parents not wanting their children to attend the older school. Mr. Mayo said a new high school could be built for around $20 million, depending on what features were included. Mr. Mayo indicated that the current high school building could be expanded by adding on a multistory addition. Mr. Martin suggested that perhaps a smaller, separate building could be constructed to house the cafeteria, music and band rooms, library, and computer labs, and that would free up space in the current building. High school students are currently allowed to leave campus for lunch, and the board also discussed the possibility of changing to closed lunch and the cafeteria space that would be needed in order to do so. Board members requested more information about the problems associated with students leaving campus for lunch (skipping class, car accidents, drug use, etc.). Manhattan Urban Area Planning Board May 21, 2007 -- Members present: Mike Kratochvil, Acting chairperson; Stephanie Rolley Jerry Reynard, Mike Hill, Bill Meredith. Member absent: George Ham A public hearing was held to consider rezoning of 1125 Waters Street from C-5 Highway Service Commercial District to Single Family Residential District. Owner and applicant: Janice and Leland Reitz. This property was purchased when it was Big Lakes Pre-school. Since then the building was rented to a church but there were code issues due to not having enough restrooms. The owner wants to convert the structure into a single family home. A representative of the Ed Schram Trust stated that the Trust owns the car lot directly to the west and that it was not in their best interest for the property to be down-zoned as it may lead to a conflict of uses. The city staff recommended approval and the Board voted 5-0 to allow the rezoning. Public hearing was held to consider rezoning of area to be used by Collegiate Marketing Services from C-4, Central Business District to a planned unit development district. This property is owned by Tillman Partners and the applicant is CMS owned by Steve Ballard. This issue had been tabled from a previous meeting. The proposed development will include all of the permitted uses of the C-4 Central Business District, the manufacturing, warehousing and distribution of textile apparels, and an existing off street parking area to the west of the building. The first floor of the building shall be a shipping and receiving area. The other uses will be limited to the basement. A minimum of 40 off street parking spaces shall be provided. The dumpster area will be screened with a brick enclosure at least six feet in height with brick that matches or is compatible to brick on the existing building. Landscaping shall be provided in traffic islands along Houston and maintained in good condition, with a plan to be presented with the Final Development Plan. Motion to approve 5-0. Public hearings were held for several issues regarding annexation of a 152 acre tract of land in Lee Mill Heights Addition located west of an extension of Miller Parkway and Lee Mill Village residential Planned Unit Development located north of an extension of South Wreath Avenue: the annexation, rezoning from County General Agriculture to single family residential; consideration of the preliminary plat of the addition to consist of approximately 185 single family lots and 2 multiple family lots. Lee Mill Village is approximately 31 acres and will consist of 52 four family townhomes or a total of 208 dwelling units, common areas, play areas, pool, off street parking, landscaping, and other accessory structures. Owner and applicant is SSF Development, Roger Schultz. With several conditions to be applicable to the Preliminary Plat the motion to approve was 4-0. The final issue was the rezoning of Barton Place Addition PUD (owner/applicant Cedar Hills Development - Frank Tillman) from single family residential to residential planned unit development district, consisting of eight single family residential lots and a common area. This is an area south of Anderson Avenue and along the south extension of Wreath Avenue. Questions were raised about the road connections east and west of this property. The applicant discussed the high cost of putting in the road connection on his property due to the amount of rock that would have to be cut and that it would be ten times more expensive to put the road connection on his property than alternatives. This was disputed by another builder in the area. A neighbor to the west said he thinks some east-west access is necessary. Zilkie, city planner, said approval by the City would create a 60 feet of right-of-way to the western boundary of the PUD to ensure future abutting subdivisions are connected. Other conditions relate to retention and maintenance of Barton Lake and dam and wetlands associated with Barton Place addition, subject to the requirements of the Corps of Engineers. The Commission approved the application 4-0 with 9 conditions to be met by the developer. |
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