BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, May 31, 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 Dan Woydziak, Administrator Will Johnson Jr., and Clerk Recorder Tammy Bridges. Commissioner Randy Waldorf was absent.

APPROVAL OF MINUTES

Commissioner Woydziak motioned to approve the minutes of the Butler County Commission Meetings of Monday, May 23, 2005 as amended and Tuesday, May 24, 2005 as written. Commissioner Carpenter seconded the motion. Motion carried 4-0.

Dwayne Wright, Jail Director, came before the Board to give an update on the jail. He stated that right now there are 192 inmates and the jail usually has between 180 to 195 inmates. Other items discussed were housing inmates for Sedgwick County, upgrading the U. S. Marshals’ contracts, increasing the staff at the jail, and working with the State of Kansas in relation to buying prescription medications.

ITEM #1 – RECEIVE MARK DICK, ALLEN, GIBBS, & HOULIK TO REVIEW THE 2004 BUTLER COUNTY FINANCIAL AUDIT

Mark Dick, Allen, Gibbs, & Houlik, came before the Board to review the 2004 audit and to present detailed management findings. Some issues discussed in the management letter relate to the tax roll reconciliation, timely deposits, grant administration, and various other matters related to budget and finance. Commissioner Doll suggested reviewing and discussing items in the audit. Mr. Dick stated that the County Administrator and Assistant Administrator have done a remarkable job and the overall finances of the county are being very well managed.

ITEM #2 – RECEIVE TOM MURRY, ICI TO REVIEW 2005 PROPOSAL FOR BUTLER COUNTY PROPERTY/CASUALTY AND WORK COMP INSURANCE

Tom Murry, ICI Insurance, came before the Board to review proposals for property/casualty and work comp insurance. The primary comparison this year is between EMC Insurance and KCAMP and KWORCC.

Commissioner Woydziak motioned to accept the bids from ICI for renewal of the premiums in the amount of $421,947 and from KCAMP for property and liability only, excluding workman’s comp, for a total bid of $268,566 and recommend staff to review and return at a later date with a recommendation. Commissioner Carpenter seconded the motion. Motion carried 4-0.

RECESS

Commissioner Wheeler recessed the Board at 10:30 a.m. for 5 minutes.

RECONVENE

Commissioner Wheeler reconvened the Board at 10:35 a.m.

ITEM #3 – CONSIDER UPDATES TO THE BUTLER COUNTY PLUMBING CODES, LP GAS CODES, MECHANICAL CODES, BUILDING CODES, AND RESIDENTIAL DWELLING CODES

Rod Compton, Director of Planning & Development, came before the Board to consider updates to Plumbing Codes, LP Gas Codes, Mechanical Codes, Building Codes, and Residential Dwelling Codes. This was addressed in the May 16, 2005 Board meeting and it was decided that a public hearing would be held in today’s meeting. It is being proposed to update the codes in the following manner:

1. Adoption of the 2003 Uniform Plumbing Code to replace the 1997 International Plumbing code.

2. Adoption of the 2004 NFPA (National Fire Prevention Association) L.P. Gas Code.

3. Adoption of the 2000 Uniform Mechanical Code to replace the 1998 International Mechanical Code.

4. Adoption of the 2003 International Building Code to replace the 1997 Uniform Building Code.

5. Adoption of the 2003 International Residential Code to replace the 1995 CABO One and Two Family Dwelling Code.

Commissioner Wheeler opened the Public Hearing at 10:40 a.m. related to updating building codes for Butler County, Kansas. There was no public comment.

Commissioner Woydziak motioned to close the Public Hearing at 10:42 a.m. related to the update of the building codes for Butler County. Commissioner Carpenter seconded the motion. Motion carried 4-0.

Commissioner Carpenter motioned to adopt Resolution No. 05-31, a resolution adopting updated building codes for Butler County. Commissioner Woydziak seconded the motion. Motion carried 4-0.

Commissioner Woydziak motioned to acknowledge acceptance of the KWORCC proposal for workman’s comp plan for a premium of $177,995 to be reviewed by staff and return at a later date with a recommendation. Commissioner Doll seconded the motion. Motion carried 4-0.

ITEM #4 – CONSIDER APPROVAL OF A JANITORIAL CONTRACT PROPOSAL FROM MID-AMERICA BUILDING MAINTENANCE

Ken Bratton, Director of Buildings and Grounds, came before the Board for approval of a janitorial contract proposal from Mid-America Building Maintenance. An IFB was prepared and sent to four janitorial companies. Two of the companies were from Butler County and two from Wichita. Three of the four companies were present for the mandatory pre-bid conference and the same three companies responded with bids. Mid-America Building Maintenance is the lowest bidder. Because of the wide dollar spread on the tabulations, a meeting was held with Mid-America Building Maintenance to assure that they have a proper understanding of the IFB requirements and that their offer is made with this understanding. Staff has been assured by the executive management of this company that they have this understanding and is prepared to provide all services required for the bid price that they have submitted.

Commissioner Carpenter motioned to accept the bid from Mid-America Building Maintenance not to exceed the sum of $945.00 per month and authorize staff to finalize execution of the contract. Commissioner Doll seconded the motion. Motion carried 4-0.

ITEM #5 – CONSIDER ALLOWING THE DEPARTMENT OF JUVENILE JUSTICE TO FILL AN OPEN CLERK II POSITION

Will Johnson, Administrator, came before the Board for approval to fill a Clerk II position, for Juvenile Justice Services to be effective June 6, 2005. This is a part-time position up to 30 hours per week.

Commissioner Woydziak motioned to approve Juvenile Justice Services Administrator to hire a part-time clerk to be paid out of fund 248-171. Commissioner Doll seconded the motion. Motion carried 3-0. Commissioner Carpenter abstained.

ITEM #6 – CONSIDER AWARDING A CONTRACT FOR THE PROJECT TO RESURFACE FLINTHILL’S ROAD BETWEEN ROSALIA AND CASSODAY

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval to award a contract for resurfacing Flinthills Road between Rosalia and Cassoday. The Board approved putting this project out for bid on April 25, 2005 and sealed bids were received at 10:00 a.m. on Monday, May 23, 2005. The most favorable and lowest cost option is to award the bid to Western Engineering Company for the Base Bid with Alternate No. 1 for hot mix surfacing. Additionally, Western Engineering has been able to reduce the contract amount by $80,127.66 from the bid amount due to a change in subcontractor for earthwork on the project.

Commissioner Wheeler motioned to award the contract for Project No. BC 899 (24-39) 05 for repaving Flinthills Road between Rosalia and Cassoday to Western Engineering Co., Inc., Harlan, Iowa in the amount of $2,516,417.09 and authorize the Chair to sign. Commissioner Carpenter seconded the motion. Motion carried 4-0.

ITEM #7 – CONSIDER AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SOLICIT SEALED BIDS FOR THE DISPOSAL OF SURPLUS HIGHWAY EQUIPMENT

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval to solicit sealed bids for the disposal of excess highway equipment. Over the past couple of years, the highway department has made purchases of used equipment from State Surplus Supply to replace highway department equipment presently in use. Additionally, the County purchased several snowplows without offering the existing snowplows for trade-in. Some of the excess equipment is of a type or nature that would sell reasonably well at public auction. A few items, however, are specialty pieces of equipment that are typically used by municipal agencies or equipment vendors. The specialty equipment may sell better by soliciting sealed bids from municipal agencies and vendors. The equipment proposed for sealed bid are a palletized pick-up bed mounted highway paint striper unit and several truck mounted snowplows. All County Departments in the state will be notified of the equipment sale as well as all City and Township entities in Butler County. General notices will be placed in monthly publications for the LKM and the KAC and also placed on available web sites for both associations. It is proposed that notice period of a minimum of 30 days be allowed so that the notices can be put into printed monthly publications.

Commissioner Carpenter motioned to authorize the Director of Public Works to solicit sealed bids for the disposal of a highway paint striper and several truck mounted snowplows. Commissioner Woydziak seconded the motion. Motion carried 4-0.

ITEM #8 – CONSIDER AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SOLICIT ENGINEERING SERVICES FOR PREPARING A SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN FOR COUNTY OWNED ABOVE GROUND FUEL STORAGE TANKS

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval to solicit engineering services for preparing a Spill Prevention Control and Countermeasure Plan for above ground fuel storage tanks. The U.S. Environmental Protection Agency (EPA) recently notified Butler County that they would be conducting inspections of above ground fuel storage tanks sometime between May and December 2005. In their notice, they advised Butler County to have available our Spill Prevention Control and Countermeasure (SPCC) Plan. Butler County does not have a plan, nor were we aware that we were required to have a plan. All of our above-ground fuel storage tanks have state issued permits, but the state has never advised Butler County about the required SPCC plan. We have been advised that many municipal agencies in the state received this same notice and do not have SPCC plans. It is recommended that a consultant that is familiar with the applicable federal regulations and has experience in preparing SPCC plans be engaged to prepare the necessary document for Butler County.

Commissioner Woydziak motioned to authorize the Director of Public Works to solicit a proposal from a qualified engineering consulting firm for the purpose of preparing the required SPCC plans for above ground fuel storage tanks for Butler County. Commissioner Carpenter seconded the motion. Motion carried 4-0.

Mr. Lutz presented information to the Board regarding homeowners living in Country Side Estates, which is located south of the City of Benton. This group has contacted the County Engineer’s Office with regard to paving internal streets within their subdivision. Mr. Lutz has asked Poe & Associates to assist by providing a cost estimate for the proposed work and drafting a petition that meets Butler County’s requirements.

APPROVAL OF ADDS & ABATES

Commissioner Carpenter motioned to approve Adds & Abates #2224. Abates in the amount of $13,936.58 and Adds in the amount of $1,246.86. Commissioner Doll seconded the motion. Motion carried 4-0.

APPROVAL OF VOUCHERS

Commissioner Carpenter motioned to approve the vouchers for May 31, 2005 in the amount of $348,127.46. Commissioner Doll seconded the motion. Motion carried 4-0.

OTHER ITEMS OF BUSINESS

Administrator Johnson stated that canvassing for the USD #206 Bond Election would be at

9:00 a.m. on Friday, June 10, 2005.

ADJOURNMENT

Commissioner Doll motioned to adjourn the meeting of the Board at 11:35 a.m. Commissioner Woydziak seconded the motion. Motion carried 4-0.