CANEY — City councilors got into a sparring match at their Dec. 22 meeting with a Caney resident concerning persistent allegations of nuisances on the resident’s property.

The council had been receiving monthly updates from property owner Kenith Butts concerning the removal of a portion of his house in the 400 block of North State Street. In recent weeks, city staff had received more reports from neighbors about fowl that is kept at the Butts property as well as allegations that he is storing more metal items in the backyard of his property.

After not seeing satisfaction with the removal of the condemned structure and upon hearing of the neighbors’ complaints, Mayor Dale McBride asked Butts about the condition of his property. Butts, who has previously been required to remove clutter and fowl on his property, began defending his property, saying that the council could not require a property owner to remove property, such as fowl, that serve as a food source.

“You are taking food from my mouth,” Butts shouted to the council.

McBride then asked Butts when city police chief Rick Pell and fire chief Tony McCammon can inspect the property to determine if it is in violation of city codes.

Butts was reluctant to issue a specific time and date for an inspection, saying, as he has in previous meetings, that he has doctor’s appointments that would keep him away from home.

McBride then suggested that Pell and McCammon inspect the property at 9 a.m., Friday, Dec. 25 — a holiday when no doctor are typically open to see patients.

Councilors also debated whether to waive nuisance fees that were assessed against a property after the property was acquired at a sheriff’s sale by a rural Tyro man.

Virgil Peck, Jr., of rural Tyro and also a member of the Kansas House of Representatives, purchased the property at 611 N. State at a sheriff’s sale in late September. Peck said he did not know at the time of the sale that the City of Caney had imposed $1,848 in nuisance fees to the property for mowing of tall grass and weeds prior to Peck’s purchase of the property, which also was slated for condemnation by the City of Caney.

Peck asked that the $1,848 in nuisance fees be waived.

Councilors were reluctant to waive the fees citing denial of previous requests by other property owners for nuisance fee waivers. The council also said that the property would remain slated for condemnation until such time that Peck improves the condition of the structure to conform to city codes.

However, Peck, as a state legislator, said he likely would not be dealing with the property for the next six months as he will be in attendance in the 2010 Kansas legislative session. Councilors agreed to allow a six-month extension to the condemnation proceedings.

Peck said the council’s refusal to waive the nuisance fees would likely make it difficult to continue his plans to rehabilitate the property.

In response, councilor Jason Moore suggested that Peck deed the property to the City of Caney. Peck said he would consider the suggestion.

Mayor Dale McBride advised that persons who purchase properties at sheriff’s sales should thoroughly check the property to make sure of nuisance fees or other assessments that have been imposed on the property.

In other business transacted at the Dec. 22 city council meeting, city councilors:

• agreed to forego the videotaping of council meetings until the council relocates its meetings to the  new Caney City Hall. The videotaping system now in use at the USD 436 Board of Education office, which is where council meetings are now held, has experienced technical problems that prohibits the audio to work properly. The Caney City Council is the only entity that still uses the videotaping system at the board meeting room. The system is nearing 10 years of age, and school officials are reluctant to replace the video cameras and taping systems on behalf of the council, city administrator Don Whitman told the council.

• held public hearings and issued second resolutions for the condemnation of structures at 109 E. Seventh and 114 S. East. On a related note, the council agreed to allow property owner Barney Barnett, who owns a vacant trailer at 201 E. Braden, to have water turned on at the trailer so that Barnett can begin cleaning the trailer. The

trailer is slated for condemnation unless Barnett can bring the structure to city codes.

• approved a city ordinance that amends the city’s zoning regulations concerning the parking and storage of camping trailers and recreational vehicles in the city limits. The Caney Planning and Zoning Commission reviewed the matter at a Dec. 17 meeting and forwarded a unanimous recommendation to amend the zoning regulation. The new regulation defines a “recreational vehicle” whereas the previous city ordinance was considered too vague.

The new ordinance is printed elsewhere in this edition of the Montgomery County Chronicle.

• issued cereal malt beverage licenses for 2010 to the Gunny Sack convenience stores, Casey’s General Store and Salsman Oil Company.

• agreed to a change order of $9,006 from Decker Construction, which is currently building the east addition to the Caney City Hall. The $9,006 change order would extend the cement panels, brick, stone cap and necessary trims over the existing ambulance garage so that the new addition and ambulance garage exterior will blend in with the new city hall.

• agreed to amend the city’s 2009 budget in five specific funds due to original expenditures.

The Industrial Development Fund was increased due to unplanned purchases, namely the purchase of property behind the current City Hall which includes the old city jail site and the demolition of the rear portion of the former Union Gas Company building in downtown Caney.

The city’s Water Fund was increased due to debt service payments on a loan provided to the city by the Kansas Department of Health and Environment for modifications to the city’s water treatment plant.

The Water Sales Tax Fund was increased due to  payoff of additional bonds related to the water treatment plant’s construction.

The Special Park Fund was increased in 2009 due to purchases of new playground equipment, park benches and picnic tables.

The city’s Employee Benefit Fund also was increased to pay for increases to health insurance plans for city employees.

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Present at the Dec. 22 council meeting were councilors Erin Munday, Jason Moore, Joe Taylor, Alyssa Whitman and Roger Hawthorne.