BUTLER COUNTY BOARD OF COMMISSIONERS

Monday, April 4, 2005

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

ITEM #1 – CONSIDER ALLOWING THE DEPARTMENT OF BUILDINGS AND GROUNDS TO FILL A MAINTENANCE TECHNICIAN II VACANCY

Will Johnson, Administrator, came before the Board for approval to fill a Maintenance Technician II vacancy in the Buildings and Grounds Department. This position is vacant due to a resignation.

Commissioner Doll motioned to approve the Buildings and Grounds Department to fill a vacant Maintenance Technician II position. Commissioner Waldorf seconded the motion. Motion carried 5-0.

ITEM #2 – CONSIDER APPROVAL OF A CONTRACT BETWEEN THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT AND SOUTH CENTRAL METRO REGION FOR WEAPONS OF MASS DESTRUCTION EXERCISE

Carol Borger, Health Department Administrator, came before the Board for approval of the contract between Kansas Department of Health and Environment (KDHE) and South Central Metro Region (SCMR). As part of the ongoing effort of KDHE and the Bioterrorism (BT) regions to prepare for a bioterrorism event, the SCMR has chosen to do a tabletop exercise that will include all the partners that might be involved should we actually have a BT event. Our eight counties range in population from Harper County with 6,226 to Sedgwick County with 462,896. We are a diverse region and work together on BT planning. Should an actual BT event occur we would all be involved in any mass vaccination or mass pharmaceutical distribution to the public.

Commissioner Doll motioned to Table this agenda item pending County Counselor Norm Manley’s review. Commissioner Carpenter seconded the motion. Motion carried 5-0.

ITEM #3 – CONSIDER ACCEPTING RIGHT-OF-WAY DEDICATIONS FOR THE WEST BRANCH WHITEWATER RIVER BRIDGE PROJECT ON PARALLEL RD

Darryl Lutz, Director of Public Works, came before the Board for approval of purchases and acceptance of right-of-way and temporary construction easement dedications related to the West Branch of the Whitewater River bridge project on Parallel Rd. The purchase offers are based upon values and damages previously approved by the Board.

Commissioner Waldorf motioned to approve the purchase and acceptance of right-of-way dedications for 1 tract of permanent right-of-way and 1 tract of temporary construction easement from the Noble L. Wolf Trust dated June 12, 1996 in the total amount of $1,075 for KDOT Project No. 8 C-3946-01, the West Branch Whitewater River bridge project on Parallel Rd, and authorize the Chair to sign the associated documents. Commissioner Woydziak seconded the motion. Motion carried 5-0.

ITEM #4 – CONSIDER APPROVING THE CERTIFICATION OF REAL PROPERTY ACQUISITION PROCEDURES AND THE AUTHORITY AND METHOD PROCEDURE FOR THE WEST BRANCH OF THE WHITEWATER RIVER BRIDGE PROJECT ON PARALLEL RD

Darryl Lutz, Director of Public Works, came before the Board for approval of the Certification of Real Property Acquisition Procedures and the Authority and Method Procedure for the West Branch Whitewater River bridge project on Parallel Rd. The documents for approval and execution by the County are standard forms utilized by KDOT. The Certification of Real Property Acquisition is a statement that staff followed KDOT’s right-of-way acquisition procedures. The Authority and Method Procedure is a statement to KDOT that right-of-way acquisition is complete, that utility agreements have been executed and that County funds are available for the project. This document gives KDOT the authority to proceed to contract the referenced project.

Commissioner Woydziak motioned to approve the Certification of Real Property Acquisition Procedures and the Authority and Method Procedure related to KDOT Project No. 8 C-3946-01, the West Branch Whitewater River bridge project on Parallel Rd, and authorize the Chair to sign the related documents. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #5 – CONSIDER AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILL A VACANT ENGINEERING POSITION

Darryl Lutz, Director of Public Works, came before the Board for approval of the Department of Public Works to fill a vacant position in the Engineering Division. The Public Works Department has five budgeted full-time positions and only three are filled. This request is to fill only one position at this time. The job title of this position is Office/Field Engineer EIT or Office/Field Engineer PE depending upon the response to the position advertisement.

Commissioner Carpenter motioned to approve filling the engineering position in the Department of Public Works as requested. Commissioner Waldorf seconded the motion. Motion carried 5-0.

APPROVAL OF MINUTES

Commissioner Carpenter motioned to approve the minutes of the Butler County Commission Meetings of Monday, March 28, 2005 and Tuesday, March 29, 2005 as written. Commissioner Waldorf seconded the motion. Motion carried 5-0.

APPROVAL OF VOUCHERS

Commissioner Waldorf motioned to approve the vouchers for April 4, 2005 in the amount of $411,379.39. Commissioner Carpenter seconded the motion. Motion carried 5-0.

OTHER ITEMS OF BUSINESS

Commissioner Carpenter inquired about the defibrillators. One defibrillator would be relocated to Towanda and one to Latham.

Commissioner Carpenter stated that the 4-H Visioning is this Saturday, April 9, 2005 from 9:30 a.m. to 12:30 p.m. at the 4-H Building.

Commissioner Waldorf stated that a resident on Haverhill Road called him regarding extra truck traffic on that road and stated that the trucks were going too fast. Administrator Johnson stated he would relay this information to Sheriff Murphy and ask about posting a deputy in that area.

Administrator Johnson gave an update on the escrow agreement for Elk River Wind Farm. The Board discussed the escrow agreement and the letter of credit and prefers that the letter of credit be placed with an American bank, not a French banking institution.

Administrator Johnson and the Board discussed funding historical societies in the County.

Ron Roberts, County Clerk, came before the Board regarding a grievance that was filed on February 18, 2005 concerning the Elk River Wind Farm. Pursuant to Statutes 19-223 and

19-224, on March 30, 2005 attorney Terry Malone on behalf of the plaintiffs in this grievance, filed in the Office of the County Clerk a Notice of Appeal, an Appeal Bond, and a certified check in the amount of $10,000. Statute 19-224 requires the County Clerk to prepare a brief for the Board of Commissioners and to file same along with the Notice of Appeal and the Appeal Bond with the District Court Clerk, which was filed on Friday, April 1, 2005.

Commissioner Woydziak motioned to adopt the 2005 IRS mileage reimbursement rate of 40.5 cents per mile. Commissioner Doll seconded the motion. Motion carried 5-0.

ADJOURNMENT

Commissioner Woydziak motioned to adjourn the meeting of the Board at 10:35 a.m. Commissioner Doll seconded the motion. Motion carried 5-0.