BUTLER COUNTY BOARD OF COMMISSIONERS

Monday, April 25, 2005

 

 

Commission Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 9:00 a.m.  Present were Commissioner Randy Doll, Commissioner Randy Waldorf, Commissioner Dan Woydziak, Administrator Will Johnson Jr., and Clerk Recorder Tammy Bridges.  Commissioner Will Carpenter arrived at 9:25 a.m.

 

ITEM #1 – CONSIDER A PROCLAMATION DECLARING MAY 2005 AS OLDER AMERICANS MONTH

Connie Rausch, Department on Aging Director, came before the Board to recommend that May 2005 be proclaimed Older Americans Month. This is the 40th anniversary of the passage of the Older Americans Act by President John F. Kennedy and the United States Congress.

 

Commissioner Woydziak motioned to proclaim the month of May 2005 as Older Americans Month. Commissioner Waldorf seconded the motion. Motion carried 4-0.

 

ITEM #2 – CONSIDER APPROVAL OF THE FY06 ADULT COMMUNITY CORRECTIONS COMPREHENSIVE PLAN FOR SUBSEQUENT SUBMISSION TO THE KANSAS DEPARTMENT OF CORRECTIONS

Chuck McGuire, Community Corrections Director, came before the Board to review and approve the FY06 Adult Community Corrections Comprehensive Plan for subsequent submission to the Kansas Department of Corrections. This process is performed annually in order to procure funding from the KDOC for the supervision of adult offenders assigned to community corrections in the 13th Judicial District. The plan is a summary of anticipated department functions in FY06 in terms of goals, objectives, outcomes and offender population projections. This document is to be devised annually pursuant to KSA 75-5296. 

 

Commissioner Doll motioned to approve the 13th Judicial District KDOC FY06 Comprehensive Plan for subsequent submission to the Kansas Department of Corrections and allow the Chair to sign. Commissioner Waldorf seconded the motion. Motion carried 4-0.

 

ITEM #3 –RECEIVE AN UPDATE FOR JUVENILE JUSTICE SERVICES ADMINISTRATION ACTIVITIES

Ann Carpenter, Juvenile Justice Service Director, came before the Board to update the commission on the progress of department/program activities.

 

ITEM #4 –REVIEW ADDITIONS TO THREE SUB-GRANTEES BUDGETS FROM STATE JUVENILE JUSTICE PREVENTIONS BLOCK GRANT

Ann Carpenter, Juvenile Justice Service Director, came before the Board to review additions to three sub-grantees budgets from the State Juvenile Justice Prevention Block Grant. Juvenile Justice Authority has allowed Judicial District 13 an additional $944.87 for SFY05 Prevention Block Grant. This will enable three prevention programs to have additional funding to carryout their individual programs. Tri-County CASA will receive $314.95 to pay for staff. Parents As Teachers and Big Brothers Big Sisters will each receive $314.96 for supplies and advertising.  There is no match required or provided for these programs.

Commissioner Waldorf motioned to approve the additional Prevention Block Grant funding in the amount of $944.87 and allow the Chair to sign. Commissioner Woydziak seconded the motion.  Motion carried 4-0.  Commissioner Carpenter abstained.

 

RECESS

Commissioner Wheeler recessed the Board at 9:30 a.m. for 5 minutes.

 

RECONVENE

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

 

ITEM #5 – CONSIDER AUTHORIZING A NOTICE TO CONTRACTORS FOR FLINTHILLS ROAD PAVING PROJECT BETWEEN ROSALIA & CASSODAY

Darryl C. Lutz, P.E., Director of Public Works, came before the Board for approval of a notice to contractors for the Flinthills Road paving project between Rosalia and Cassoday. This project is in the CIP and has been in design for the last 2 years. The project will involve rehabilitating the existing pavement into a new road base and constructing a new cold mix or hot mix asphaltic type pavement for a driving surface. All work is budgeted for in the Special Highway Fund and the 2005 Road & Bridge Fund and is included in the road and bridge CIP adopted by the Board.  The letting date is proposed for Monday, May 23, 2005 at 10:00 a.m.

 

Commissioner Carpenter motioned to approve the Notice to Surfacing Contractors for Project No. BC 899 (24-39) 05 for repaving Flinthills Road between Rosalia and Cassoday and allow the Chair to sign.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

ITEM # 7-CONSIDER APPROVING A REQUEST FOR PROJECT NUMBERS FOR TWO NEW PROPOSED PROJECTS IN THE KDOT 5-YEAR PLAN.

Darryl C. Lutz, P.E., Director of Public Works, came before the Board to request project numbers for 2 new projects proposed in the KDOT Federal Aid 5-year plan. The projects include a bridge replacement across Whitewater Creek and 2.1 miles of road reconstruction on SW Butler Rd between K-254 and Parallel Rd and include a bridge replacement across Bird Creek and approach grading on SE Bluestem Rd 0.7 mile north of US 54 east of El Dorado.

 

Not all of these projects are presently funded. They will, however, be included in a new road & bridge CIP and funding for these projects will be proposed in the 2006 and future year’s budgets for the Road & Bridge fund and the Special Bridge fund.

 

Commissioner Carpenter motioned to approve the Request for Project Numbers for the proposed Federal Aid Project to replace the Whitewater Creek Bridge and to reconstruct 2.1 miles of SW Butler Rd between K-254 and Parallel Rd and for the proposed Federal Aid Project to replace the Bird Creek Bridge on SE Bluestem Rd located 0.7 mile north of US-54 east of El Dorado and allow the Chair to sign. Commissioner Doll seconded the motion. 

Motion carried 5-0.

 

ITEM #8- RECEIVE A WASTE ORGIN STUDY REPORT FOR SOLID WASTE RECEIVED FROM CITIES AT THE BUTLER COUNTY LANDFILL

Darryl Lutz, P.E., Director of Public Works, came before the Board to give the annual report on the waste origin study for solid waste received by the Butler County Landfill from cities in Butler County. This yearly report explains the waste flow activity at the Butler County Landfill. There has been a decreasing trend in waste flow at the Landfill and reports indicate they are well below state trends.  There was discussion related to revenue and longevity of the landfill, and the Board requested a comprehensive plan from the County Engineer.

 

ITEM #6 – RECEIVE AND OPEN QUALIFIED PROPOSALS FOR IMAGING AND INDEXING OF REGISTER OF DEEDS MICOFILM SECURITY ROLLS.

 (10:00 A.M.)

Scott Stoskopf, Computer Services Director and Marcia McCoy, Register of Deeds Director, came before the Board for approval to receive and open qualified proposals for imaging and indexing of the Register of Deeds microfilm security rolls. The Register of Deeds has approximately 1,300,000 documents on microfilm dating from before the county started scanning and computerizing indexing. This project will convert the microfilm images to digital tiff images and import them into the Register of Deeds Document Imaging and Indexing System. All project expenses will be paid from the Register of Deeds Technology Fund. The revenue for this fund is from a two-dollar per page charge on documents filed with the Register of Deeds. This charge is set by Kansas Statue and is for funding of technology related to land records. The Deeds Technology fund as of 4/18/05 has a balance of $254,843.

 

Commissioner Waldorf motioned to receive the bid from Computer Information Concepts, Inc. (CIC) in the amount of $320,985 for 1,300,000 pages and $148,000 for 600,000 pages and allow Scott Stoskopf and Marcia McCoy to and return to the Board with a recommendation. Commissioner Woydziak seconded the motion.  Motion carried 5-0.

 

RECESS

Commissioner Wheeler recessed the Board at 10:45 a.m. for 5 minutes.

 

RECONVENE

Commissioner Wheeler reconvened the Board at 10:50 a.m.

 

ITEM #9- CONSIDER AN AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE BETWEEN MCCONNELL AIR FORCE BASE FIRE AND EMERGENCY SERVICES AND BUTLER COUNTY FIRE DISTRICT #3 IN ROSE HILL

Will Johnson, County Administrator, came before the Board for approval of a mutual aid agreement in and between Butler County Fire District #3, Rose Hill, and McConnell Air Force Base. Mutual aid agreements exist between several of the fire districts in Butler County to allow them to respond in other districts in the event of need.  Norm Manley, County Counsel, has reviewed and approved the agreement.

 

Commissioner Woydziak motioned to approve the mutual aid in Fire Protection and Hazardous materials incident response between McConnell Air Force Base Fire & Emergency Services and Butler County Fire District #3, Rose Hill, Kansas. Commissioner Doll seconded the motion.  Motion carried 5-0.

 

 

 

 

ITEM #10- CONSIDER APPROVAL OF A DEPOSIT ESCROW AGREEMENT WITH ELK RIVER WINDFARM, LLC

Will Johnson, County Administrator, came before the Board for approval of an agreement with Elk River Wind Farm, LLC and U.S Bank National Association acting as agent. In the Conditional Use Permit authorized by the County Commission by Resolution 03-79 for Elk River, the County Commission stipulated that Elk River, LLC develop a surety for decommissioning the project with the County. Butler County entered into a Decommissioning Agreement in March 2005 with Elk River Wind Farm, LLC.  Section 1.3.1 of the decommissioning agreement stipulates delivering of a qualified escrow agent agreement for escrowed funds to be held for the decommissioning of the project. The escrow trust as stipulated in the agreement shall be funded to an amount of not less than $3 million at the 20th anniversary of the agreement and an amount of not less than $4 million at the 30th anniversary of the agreement.

 

Costs associated with the escrow trust fund will be borne by Elk River. Elk River will fund the trust in the amount of $132,500 annually until the fund reaches $3 million. In the event the fund amount is below $3 million at the 20th anniversary, Elk River will true up the fund to meet the $3 million requirement. At year 30 if the fund amount is below $4 million, Elk River will true up the fund to meet the $4 million requirement.

 

Norm Manley, Butler County Counsel, has reviewed and approved the document.

 

Commissioner Waldorf motioned to approve the Deposit Escrow Agreement with Elk River Wind Farm LLC as U.S. Bank National Association acting as the escrow agent. Commissioner Woydziak seconded the motion.  Motion carried 5-0.

 

ITEM #11-CONSIDER AN INSPECTION CONTRACT FOR WIND TURBINE INSPECTION WITH PROFESSIONAL ENGINEERING CONSULTANTS P.A., WICHITA, KANSAS

Will Johnson, Butler County Administrator, came before the Board for consideration of an open-end inspection contract for wind turbine inspection with Professional Engineering Consultants, PA, Wichita, Kansas. The County is required to review all commercial building plans for compliance to the 1997 Butler County uniform building codes. The County currently has two proposed projects that will require specialized review and inspection commencing in 2005. In February 2005 the Board solicited proposals from consulting firms for performance of the requested projects. Professional Engineering Consultants, PA, Wichita, Kansas was selected by the review committee and approved by the Board as the most qualified firm.

 

The contract costs will be paid from building fee permits, which are currently established at 60% of the UBC schedule. The open-end contract is an amount not to exceed $79,000.

 

Commissioner Woydziak motioned to approve the contract with Professional Engineering Consultants, P.A. (PEC) to provide professional services for inspection of the Wind Turbine Project and other open-ended construction services. Commissioner Waldorf seconded the motion.  Motion carried 5-0.

 

 

 

APPROVAL OF MINUTES

Commissioner Waldorf motioned to approve the minutes of the Butler County Commission Meetings of Monday, April 18, 2005 and Tuesday, April 19, 2005 as written.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.   Commissioner Woydziak abstained since he was not present at those meetings.

 

APPROVAL OF VOUCHERS

Commissioner Carpenter motioned to approve the vouchers for April 25, 2005 in the amount of  $410,617.23.  Commissioner Doll seconded the motion.  Motion carried 5-0.

 

OTHER ITEMS OF BUSINESS 

Commissioner Doll stated that his wife was from Leon, they had friends there, and he would be helping the Leon Senior Center raise money for improvements to their center.

 

Commissioner Waldorf stated that he attended the Jaycees Cerebral Palsy open house on Saturday, April 23, 2005.

 

Administrator Johnson stated that Ken Bratton, Buildings and Grounds, has done a good job in contracting with Kimberly Clark for restroom paper products, which saves the County 31% or $7,800 a year.  This change facilitated new fixtures being installed in the restrooms.  However, some judges and the county attorney are not happy with the stainless steel fixtures being replaced with plastic ones in the restrooms in the Judicial Building.

 

ADJOURNMENT

Commissioner Woydziak motioned to adjourn the meeting of the Board at 12:00 noon.  Commissioner Waldorf seconded the motion.  Motion carried 5-0.