BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, March 21, 2005

Commission Chairman Mike Wheeler called the Butler County Board of Commissioners to order at 9:10 a.m. Present were Commissioner Will Carpenter, Commissioner Randy Doll, Commissioner Dan Woydziak, Administrator Will Johnson Jr., and Clerk Ron Roberts. Commissioner Waldorf was absent.

ITEM #1 – CONSIDER A FINAL PLAT APPROVAL FOR HAMMAR’S MEADOW (CASE NO. PL-05-03)

Rod Compton, Director of Planning and Development, came before the Board for approval of a final plat for Hammar’s Meadow. Mark & Leah Hammar own a parcel of property in Section 35 of Bruno Township that contains approximately 80 acres. The Hammars are proposing to subdivide a portion of the property into 3 parcels, each of which would contain 10 acres and plan to use the remaining acreage for their own home. The Butler County Planning Commission approved this plat following a public hearing on March 1, 2005 by a unanimous favorable vote. The plat is being presented for acceptance of the dedicated streets and/or easements.

Commissioner Doll motioned to approve the dedications shown on Hammar’s Meadow plat and authorize the Chair to sign the plat with the provision that the plat be recorded in the office of the Butler County Register of Deeds by the zoning administrator. Commissioner Carpenter seconded the motion. Motion carried 4-0.

ITEM #2 – CONSIDER A REQUEST FOR REZONE FROM AG-40 TO RURAL RESIDENTIAL (CASE NO. RZ-05-02) {RESOLUTION NO. 05-14}

Rod Compton, Director of Planning and Development, came before the Board for approval of

a request from Bradley & Debra Hatcher to rezone property from AG-40 to Rural Residential. The property is located approximately ½ mile west of Butler Road on the south side of SW 140^th Street. The Butler County Planning Commission recommended approval of this rezoning by a unanimous favorable vote following a public hearing on March 1, 2005.

Commissioner Woydziak motioned to approve the request by Bradley and Debra Hatcher to rezone approximately 40 acres in the north half of the Northwest Quarter of Section 18, Township 28 South, Range 3 East from an AG-40 classification to an RR Rural Residential classification and hereby authorize the Chair to sign Resolution 05-14 granting such change. Commissioner Carpenter seconded the motion. Motion carried 4-0.

ITEM #3 – CONSIDER APPROVING A PROPOSAL FOR BUTLER COUNTY TO PROVIDE CONSTRUCTION-ENGINEERING SERVICES FOR THE CONSTRUCTION OF THE WEST BRANCH WHITEWATER RIVER BRIDGE PROJECT ON PARALLEL ROAD AND TO RECEIVE FEDERAL AID REIMBURSEMENT FOR THESE SERVICES

Darryl Lutz, Director of Public Works, came before the Board for approval of a proposal for Butler County to provide construction-engineering services for the construction of the West Branch Whitewater River Bridge Project on Parallel Road and to receive Federal Aid reimbursement for these services.

Commissioner Woydziak motioned to approve the Proposal for Construction Engineering Services KDOT Project No. 8C-3946-01 (W. Branch Whitewater River Bridge Project) in the estimated amount of $64,300.23 and authorize the Chair to sign. Commissioner Doll seconded the motion. Motion carried 4-0.

ITEM #4 – CONSIDER APPROVING AN AGREEMENT WITH POE & ASSOCIATES FOR CONSTRUCTION ENGINEERING SERVICES ON THE SW 170^TH STREET PROJECT AT ROSE HILL

Darryl Lutz, Director of Public Works, came before the Board for approval of an agreement for construction engineering services with Poe & Associates for the SW 170^th St. project at Rose Hill. A cost proposal in the amount of $262,803 was prepared and submitted by Poe & Associates for consideration by Butler County. The proposal was forwarded to KDOT for their consideration and was found to be acceptable. Eighty percent of the cost of construction engineering is reimbursable by KDOT to Butler County.

Commissioner Woydziak motioned to approve the contract for federal aid construction engineering inspection by consultant with Poe & Associates, Inc., Wichita, KS for Project No. 8 C-3857-01, the reconstruction of SW 170^th St. at Rose Hill, and authorize the Chair to sign. Commissioner Carpenter seconded the motion. Motion carried 4-0.

ITEM #5 – RECEIVE AND OPEN SEALED BIDS FOR THE CONSTRUCTION OF 11 REINFORCED CONCRETE BOX CULVERTS IN CULVERT LETTING NO. 60

Darryl Lutz, Director of Public Works, came before the Board to receive and open sealed bids for the construction of 11 reinforced concrete box culverts in Culvert Letting No. 60. Eleven structures have been selected based upon available budget. The Board of County Commissioners authorized bids to be received during the meeting of February 22, 2005. Bids were received from:

Turnkey, Inc., Andover, KS $210,887.00

LMK Concrete, Lindsborg, KS $211,227.30

Claycamp Const., Soldier, KS $215,234.50

Reece Const., Salina, KS $253,637.00

A. O. Steuber Const., Topeka, KS $219,582.20

Commissioner Woydziak motioned to receive the sealed bids from Turnkey, Inc., LMK Concrete, Claycamp Const, Reece Const., and A. O. Steuber Const. for Culvert Letting No. 60 and authorize the Director of Public Works to tabulate and review the bids and to return at a later time with a recommendation for action on the bids. Commissioner Carpenter seconded the motion. Motion carried 4-0.

Chairman Wheeler recessed the Commission meeting to reconvene the Public Building Commission meeting.

Chairman Wheeler called the Board of County Commissioners back into session.

ITEM #6 – RECEIVE AND OPEN BIDS FOR HERBICIDES FOR THE NOXIOUS WEED DEPARTMENT

Riley Walters, Director of Butler County Noxious Weed Department, came before the Board for approval to open herbicide bids. This is an annual procedure to purchase herbicides to be used and sold by the Weed Department as required by the Kansas Noxious Weed Law. Bids were received from:

Vegetation Management Supply $51,664.10

Van Diest Supply Company $51,295.70

UAP/Timberland LLC $52,247.50

Commissioner Carpenter motioned to authorize the County Weed Director to review the bids and return with recommendations for which bid to approve for each product. Commissioner Woydziak seconded the motion. Motion carried 4-0.

APPROVAL OF MINUTES

Commissioner Doll motioned to approve the minutes of the Butler County Commission Meeting of Tuesday, March 15, 2005 as amended. Commissioner Woydziak seconded the motion. Motion carried 4-0.

APPROVAL OF VOUCHERS

Commissioner Woydziak motioned to approve the vouchers for March 21, 2005 in the amount of $122,398.63. Commissioner Doll seconded the motion. Motion carried 4-0.

APPROVAL OF ADDS & ABATES

Commissioner Doll motioned to approve Adds & Abates #2214. Adds in the amount of $14,726.92 and Abates in the amount of $78,747.86. Commissioner Carpenter seconded the motion. Motion carried 4-0.

OTHER ITEMS OF BUSINESS

Commissioner Carpenter reminded the Board of the Governor’s One Shot Turkey Hunt on April 14-15-16.

Administrator Johnson showed the Commissioners a draft charter resolution for the County Commissioners to opt out of the statutory requirement to meet twice a week. This would allow the Board to start meeting one day a week.

Administrator Johnson reminded the Commissioners that the County Fair Board would be meeting April 9^th at 9:00 a.m. in the community building. They would like the Commissioners to join them to discuss the future of the fair.

Administrator Johnson said that one parcel of land that the new Judicial Center sits on is deeded to the BOCC and needs to be transferred to the Public Building Commission.

Commissioner Woydziak motioned to transfer the parcel from The County to the PBC

and allow the chairman to sign the new Quit Claim Deed. Commissioner Carpenter seconded the motion. Motion carried 4-0

ADJOURNMENT

Commissioner Doll motioned to adjourn the meeting of the Board at 10:15 a.m. Commissioner Woydziak seconded the motion. Motion carried 4-0.