BUTLER COUNTY BOARD OF COMMISSIONERS

Monday, April 11, 2005

 

 

The Board of Commissioners met as the Board of Canvassers at 9:00 a.m. to review the Provisional Ballots from the April 5th General Election and Certify the Election.

 

Commission Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 9:20 a.m.  Present were Commissioner Will Carpenter, Commissioner Randy Doll, Commissioner Randy Waldorf, Commissioner Dan Woydziak, Administrator Will Johnson Jr., and Clerk Ron Roberts.

 

ITEM #1 – RECEIVE NORMAN MANLEY, COUNTY LEGAL COUNSEL TO DISCUSS MATTERS OF A LEGAL NATURE

Norman Manley, County Legal Counsel came before the Board to discuss matters of a legal nature.

 

RECESS TO EXECUTIVE SESSION

Commissioner Doll motioned to recess the Board to Executive Session at 9:25 a.m. for 5 minutes for consultation with their attorney, which is deemed privileged in the attorney-client relationship.  Commissioner Woydziak seconded the motion.  Motion carried 5-0.  Those in attendance were Commissioners Carpenter, Doll, Waldorf, Wheeler, Woydziak, Administrator Johnson, and County Counsel Norman Manley.

 

RECONVENE

Commissioner Wheeler reconvened the Board at 9:35 a.m.

 

ITEM #2 – PUBLIC HEARING FOR A REQUEST TO ESTABLISH A TEMPORARY ASPHALT BATCH PLANT ON PROPERTY ZONED AG-80 ON THE WEST SIDE OF THE KANSAS TURNPIKE ON NE 90TH ST. (CASE NO. SE-05-01)

Rod Compton, Director of Planning & Development, came before the Board to consider a request for a Special Event Permit to establish a temporary asphalt batch plant on property zoned AG-80 on the west side of the Kansas Turnpike on NE 90th Street.  Western Engineering is preparing to do a mill and overlay project on the Kansas Turnpike between mile marker 71 and mile marker 92.  To carry out this project they wish to establish a temporary asphalt plant nearby.  They have selected a site in Section 23 of Chelsea Township that is on the south side of NE 90th Street on the west side of the Kansas Turnpike.

 

Commissioner Woydziak motioned to approve the request by Western Engineering for a Special Event Permit for a temporary asphalt plant on property in the Northwest Quarter of Section 23, Township 24 South, Range 6 East (subject to the contractor’s entering into an agreement with Chelsea Township to repair and/or restore any township roads affected during operation of the plant, and subject to the contractor complying with all applicable KDHE requirements).  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

 

 

 

 

ITEM #3 – CONSIDER A CONTRACT WITH THE ALARM AND SECURITY SPECIALIST COMPANY FOR A SECURITY SYSTEM ON THE SHERIFF’S EVIDENCE BUILDING

Undersheriff Roy Raney came before the Board for approval of a contract with the Alarm and Security Specialists Company for installation and monitoring of a security system on the Sheriff’s evidence building.  For the first year purchase, installation, and monitoring would be $829.00.  After the first year, the fee would be $336.00.

 

Commissioner Waldorf motioned to table the matter to have counsel review and approve the form of the agreement.  Commissioner Woydziak seconded the motion.  Motion carried 5-0.

 

Under Sheriff Roy Raney returned to the Board for approval of a contract with the Alarm and Security Specialists Company for installation and monitoring of a security system on the Sheriff’s evidence building.

 

Commissioner Waldorf motioned to approve the contract with the Alarm and Security Specialists Company for installation and monitoring of a security system on the Sheriff’s evidence building.  Commissioner Woydziak seconded the motion.  Motion carried 5-0.

 

ITEM #4 – CONSIDER AN AGREEMENT BETWEEN THE KANSAS DEPARTMENT OF TRANSPORTATION AND THE BUTLER COUNTY NOXIOUS WEED DEPARTMENT FOR TREATMENT OF NOXIOUS WEEDS ON STATE HIGHWAYS

Riley Walters, Noxious Weed Department Director, came before the Board for approval of an agreement with KDOT for treatment of noxious weeds.  This is a contract that is signed annually outlining the terms under which the county will treat noxious weeds on KDOT right-of-ways in fulfillment of their obligations under the Kansas Noxious Weed Law.

 

Commissioner Doll motioned to approve the contract between the Kansas Department of Transportation and the Butler County Noxious Weed Department for treatment of noxious weeds on KDOT property.  Commissioner Carpenter seconded the motion. Motion carried 5-0.

 

ITEM #5 – CONSIDER APPROVING CONTRACTS WITH TURNKEY, INC. FOR CULVERT LETTING NO. 60

Darryl Lutz, Public Works Director, came before the Board for approval of contracts for Culvert Letting No. 60.  Each year townships request approximately 30 structures for replacement with most of the structures being eligible.  Eleven structures have been selected based upon available budget.  The Board received and opened sealed bids for this project on Monday, March 21, 2005 and they were awarded March 28, 2005.

 

Commissioner Carpenter motioned to approve contracts with Turnkey Inc., Andover, KS, for Culvert Letting No. 60, the construction of 11 culvert structures throughout Butler County, for a total contract price of $210,887.00 and authorize the Chair to sign.  Commissioner Waldorf

seconded the motion.  Motion carried 5-0.

 

 

 

 

ITEM #6 – CONSIDER REVIEWING AND UPDATING THE KDOT FEDERAL AID 5-YEAR ROAD AND BRIDGE PLAN

Darryl Lutz, Public Works Director, came before the Board for approval of the KDOT Federal Aid 5-Year Plan for county road and bridge construction projects.  Counties in the State of Kansas utilize Federal Funds administered by the Kansas Department of Transportation for eligible road and bridge construction projects.  Each year KDOT requests Counties to review, update, and submit project priorities for inclusion in the Statewide Transportation Improvement Program.  Butler County has four projects in the current KDOT 5-Year Plan. 

 

The No. 1 project is the 1-mile road reconstruction project on SW 170th Street at Rose Hill.  This project is let and is scheduled to start construction in May 2005. 

 

The No. 2 project is the bridge replacement project north of Benton on Parallel Road.  Plans and right-of-way acquisition on this project are complete and the project is scheduled to be bid in May 2005. 

 

The No. 3 project approved last year is the replacement of the low water bridge on Hopkins Switch Road across the Little Walnut River located between Douglass and Augusta. 

 

The No. 4 project is the proposed reconstruction of SW 210th Street west of Douglass between SW Santa Fe Lake Road and SW Butler Road. 

 

Projects No. 1, 2, and 3 are considered firm by KDOT, as they are within 2 years of construction.  Removing or delaying these projects potentially puts Butler County’s federal aid dollars at risk.  The BOCC may, however, reconsider the priority for the 4th project if it desires.  The projects as proposed presently use more than the amount of available funds for the 5-year period.  Thus, the construction of the 4th project as proposed will likely fall beyond the year 2010.

 

Counties are required to pay 20% of construction and construction engineering costs.  Counties must pay 100% of all other project costs including survey, design, utility adjustment and right-of-way acquisition.  The current proposed Projects No. 1, 2, and 3 are included in the County’s Road & Bridge CIP adopted in 2003 and are funded.  The federal aid program is anticipated to provide approximately $531,000 per year in combined bridge replacement and STP road construction funds.

 

No action was taken.

 

RECESS

Commissioner Wheeler recessed the Board meeting at 10:15 a.m. for 5 minutes.

 

RECONVENE

Commissioner Wheeler reconvened the Board meeting at 10:20 a.m.

 

APPROVAL OF MINUTES

Commissioner Doll motioned to approve the minutes of the Butler County Commission Meetings of Monday, April 4, 2005 as presented and Tuesday, April 5, 2005 as amended.  Commissioner Carpenter seconded the motion.  Motion carried 5-0.  

 

APPROVAL OF VOUCHERS

Commissioner Carpenter motioned to approve the vouchers for April 11, 2005 in the amount of $407,496.73.  Commissioner Woydziak seconded the motion.  Motion carried 5-0.

 

RECESS

Commissioner Wheeler recessed the Board meeting at 10:30 a.m. to open the Public Building Commission meeting to be held in the 4th floor commission room.

 

RECONVENE

Commissioner Wheeler reconvened the Board meeting at 10:51 a.m.

 

OTHER ITEMS OF BUSINESS 

Commissioner Carpenter reminded the commissioners of the One Shot Turkey Hunt this weekend.  He also inquired about timing for the defibrillator in Towanda.

 

Commissioner Doll discussed the Elk River decommissioning agreement and the advisability of letting Elk River use a foreign bank for a letter of credit.

 

Commissioner Doll asked if the board wanted to discuss the letter from Mr. Parrish.

The board decided to delay those discussions for a couple of weeks.

 

Commissioner Waldorf reviewed, with the board, the Deposit Escrow Agreement that is being negotiated with Elk River.  After considerable discussion it was agreed that counsel needed to review the document before they approve anything. This agreement is in conjunction with the Decommissioning Agreement.

 

Commissioner Carpenter asked the administrator to remind the Sheriff and the Department Heads to have all contracts and agreements reviewed by the County Counselor prior to bringing them before the Commissioners.

 

ADJOURNMENT

Commissioner Woydziak motioned to adjourn the meeting of the Board at 11:51 a.m.  Commissioner Carpenter seconded the motion.  Motion carried 5-0.