BUTLER COUNTY BOARD OF COMMISSIONERS

Monday, April 24, 2006

 

 

CALL TO ORDER

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

 

APPROVAL OF MINUTES

Commissioner Wheeler motioned to approve the minutes of the Butler County Commission Meeting of Monday, April 17, 2006 as written.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM #1 – OPEN PUBLIC HEARING ON PROPOSED PAVING IMPROVEMENTS IN THE WEST RIVER 2ND ADDITION OF BUTLER COUNTY

Commissioner Woydziak opened the Public Hearing at 9:05 a.m. to determine the advisability of creating a road improvement benefit district for West River 2nd Addition and to receive comment from the City of El Dorado and the Butler County Planning Department regarding planned annexation and compatibility of proposed improvements with the comprehensive plans of said jurisdictions.

 

Commissioner Woydziak closed the Public Hearing at 9:18 a.m.

 

ITEM #2 – CONSIDER ADOPTING A RESOLUTION DETERMINING THE ADVISABILITY OF PROCEEDING WITH THE PROPOSED PAVING IMPROVEMENTS TO THE WEST RIVER 2ND ADDITION OF BUTLER COUNTY

Commissioner Carpenter motioned to adopt Resolution No. 06-29 determining the advisability of creating a benefit district and making street paving improvements for West River 2nd Addition and authorize the Chair to sign.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.

 

ITEM #3 – CONSIDER APPROVAL OF THE FY2007-2009 ADULT COMMUNITY CORRECTIONS COMPREHENSIVE PLAN FOR SUBSEQUENT SUBMISSION TO THE KANSAS DEPARTMENT OF CORRECTIONS

Chuck McGuire, Community Corrections, came before the Board for approval of the FY2007-2009 Adult Community Corrections Comprehensive Plan for subsequent submission to the Kansas Department of Corrections.

 

Commissioner Doll motioned to approve the 13th Judicial District KDOC FY2007-2009 Comprehensive Plan and authorize the Chair to sign off as indicated for Plan submission to the KDOC.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM #4 – CONSIDER A PROCLAMATION FOR MAY 2006 AS OLDER AMERICANS MONTH

Connie Rausch, Department on Aging, came before the Board to proclaim May 2006 as Older Americans Month.  This year marks the 41st anniversary of the passage of the Older Americans Act by President John F. Kennedy and the United States Congress.

 

Commissioner Wheeler motioned to proclaim the month of May 2006 as Older Americans Month.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM #5 – CONSIDER A REQUEST BY DANNY & MICHELE BUSHEY TO REZONE FROM AG-40 TO RURAL RESIDENTIAL (CASE NO. RZ-06-04) {RESOLUTION NO. 06-23}

Rod Compton, Director of Planning and Zoning, came before the Board for approval of a request by Danny & Michele Bushey to rezone approximately 19 acres from Ag-40 to RR Rural Residential.  The Planning Commission recommended approval of this request by a 5 to 1 favorable vote.  Staff recommended denial because it was felt the request did not conform to the guidelines of the Comprehensive Plan.

 

Commissioner Carpenter motioned to approve the request by Danny & Michele Bushey to rezone approximately 19 acres in the North Half of the Northwest Quarter of Section 19, Township 26 South, Range 4 East from an Ag-40 classification to an RR Rural Residential classification and hereby authorize the Chair to sign Resolution No. 06-23 granting such change.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.

 

ITEM #6 – CONSIDER A REQUEST FROM DAVID & KRISTI WILSON, GREG & EMILY MATHIAS, AND KEN & MARGARET DELLETT TO REZONE FROM AG-40 TO RURAL RESIDENTIAL (CASE NO. RZ-06-05) {RESOLUTION NO. 06-24} 

Rod Compton, Director of Planning and Zoning, came before the Board for approval of a request by David and Kristi Wilson, Greg and Emily Mathias, and Ken and Margaret Dellett to rezone approximately 373.5 acres from Ag-80 to Ag-40.  The Wilsons’ property is currently occupied by a residence and a nursery operation known as Hudson’s Gardens, and they wish to sell a 40-acre tract to an individual who would like to build a house.  The Planning Commission recommended denial by a 4 to 3 vote because they thought more intensive development was appropriate for that area.  Staff recommended approval of this request. 

 

Commissioner Carpenter motioned to approve the request by David and Kristi Wilson, Greg and Emily Mathias, and Ken and Margaret Dellett to rezone approximately 373.5 acres in the East Half of Section 2, and the North Half of the Northeast Quarter of Section 11, township 25 South, Range 5 East from an Ag-80 Agricultural classification to an Ag-40 Agricultural classification and authorize the Chair to sign Resolution No. 06-24 granting such change.  Commissioner Wheeler seconded the motion.  Motion failed by a 3-1 vote.  Commissioner Doll voted no.  A super majority vote of the whole Board is required to override the planning board.

 

Commissioner Carpenter motioned to send Case No. RZ-06-05 back to the planning board.  Commissioner Wheeler seconded the motion.  Motion passed 3-1.  Commissioner Doll voted no.

 

RECESS

Commissioner Woydziak recessed the Board meeting at 10:05 a.m. for 5 minutes.

 

RECONVENE

Commissioner Woydziak reconvened the Board meeting at 10:10 a.m.

 

ITEM #7 – CONSIDER A REQUEST FROM JEFF PRIEST TO REZONE FROM AG-40 TO RURAL RESIDENTIAL (CASE NO. RZ-06-06) {RESOLUTION NO. 06-25}

Rod Compton, Director of Planning and Zoning, came before the Board for approval of a request by Jeff Priest to rezone approximately 20 acres from Ag-40 to RR Rural Residential.  The Planning Commission recommended approval by a 6 to 0 favorable vote.  Staff also recommended approval of this request.

 

Commissioner Woydziak motioned to approve the request by Jeff Priest to rezone approximately 20 acres in the North Half of the Southwest quarter of Section 24, 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 No. 06-25.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM #8 – CONSIDER A CHANGE IN CONTRACT IN THE AMOUNT OF $3,200 FOR LOAD ANALYSIS ON A COMMUNICATIONS TOWER AT NE 140TH AND BLUESTEM ROAD WITH MCS-WIRELESS

Chris Davis, 9-1-1 Director, came before the Board for approval to expend an additional $3,200 for an engineering study.  The commission authorized the Director to spend $2,800 on a load analysis of the radio tower based on the assumption that the manufacturer of the tower would be able to provide the engineer with certain technical specifications.  The manufacturer has advised the engineering firm that the drawings and other specification data are no longer available for that tower.  MCS, the engineering company providing the analysis, has advised that an additional $3,200 is needed for them to gather the required information.

 

Commissioner Wheeler motioned to authorize MCS-Wireless to complete the load analysis on the radio tower near NE 140th and Bluestem Road and authorize an additional $3,200 expenditure.  The total authorized expenditure for the analysis will be $6,000.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM #9 – CONSIDER A NON-DISCLOSURE AGREEMENT BETWEEN T-MOBILE AND BUTLER COUNTY

Chris Davis, 9-1-1 Director, came before the Board for approval of a non-disclosure agreement with T-Mobile.  This agreement assures T-Mobile we will not reveal any proprietary information to others as they work with us to implement phase II capabilities for 9-1-1 calls from their system.

 

Commissioner Carpenter motioned to approve the non-disclosure agreement presented by T-Mobile and authorize the Chair to sign.  Commissioner Woydziak seconded the motion.  Motion carried 4-0.

 

ITEM #10 – CONSIDER A CHANGE ORDER WITH NUVOX PHONE SYSTEMS FOR ADDITIONAL INBOUND PHONE LINES

Scott Stoskopf, Computer Services Director, came before the Board for approval to sign a new agreement that changes the 16 DID inbound lines to 23 DID PRI lines.  The Toshiba phone system needs more extension cards added to support all the phones needed including the East Annex population, but the racks are full.  To add cards we need to combine the 4 inbound DID cards into 1 PRI card.  By switching to PRIs, we will automatically add 7 lines to our system and change from 16 lines inbound and 14 lines outbound to 23 lines combined in/out and 14 straight outbound.

 

Commissioner Carpenter motioned to approve the NuVox change order and renewal agreement and allow the Chair to sign.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.

 

ITEM #11 – RECEIVE PROPOSALS FOR PRODUCING RECYCLED ASPHALT PAVEMENT COLD MIX FOR THE HIGHWAY MAINTENANCE OPERATIONS

Darryl Lutz, P.E., Director of Public Works, came before the Board to receive proposals for producing recycled asphalt pavement (RAP) cold mix and consider authorizing the work to the best proposal.  Proposals were received from:

 

                                            Company                                         Total Amount

 

                        Koss Construction, Topeka, KS                 $261,605

                        Brown & Brown, Inc., Salina, KS                    $278,800

                       

Commissioner Wheeler motioned to accept the proposals received for producing up to 17,000 tons of Recycled Asphalt Pavement (RAP) Cold Mix Material for a proposed 1 ½” overlay on NE 150th St. and to award the work to Koss Construction, Topeka, Kansas in the estimated cost of $261,605 and authorize the Chair to sign.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

ITEM #12 – RECEIVE AND OPEN BIDS FOR HIGHWAY TRAFFIC PAINT FOR THE COUNTY HIGHWAY DIVISION

Darryl Lutz, P.E., Director of Public Works, came before the Board to receive and open bids for highway traffic paint and reflective beads for the Highway Department.  Bids were received from:

 

San-Gar/CONMATE

Yellow Traffic Paint       2,695 gallons @  8.84/gallon = $23,823.80

White Traffic Paint       4,015 gallons @  9.09/gallon = $36,496.35

Reflective Beads                                                           No Bid

 

Sherwin Williams

Yellow Traffic Paint       2,695 gallons @  9.15/gallon = $24,659.25

White Traffic Paint       4,015 gallons @  8.82/gallon = $35,412.30

Reflective Beads   44,000 pounds @  .310/pound = $13,640.00                                         

 

Paving Maintenance Supply

Yellow Traffic Paint       2,695 gallons @11.16/gallon = $30,076.20

White Traffic Paint       4,015 gallons @11.16/gallon = $44,807.40

Reflective Beads   44,000 pounds @  .308/pound = $13,552.00     

 

 

Kansas Correctional Industries

Yellow Traffic Paint             49 drums @ 493.28/drum = $24,170.72

White Traffic Paint             73 drums @ 488.64/drum = $35,670.72

Reflective Beads                                                            No Bid

 

Flex-O-Lite

Reflective Beads          44,000 lb. @ 0.275/pound = $12,100.00

 

Commissioner Carpenter motioned to accept the bids received for highway traffic paint and direct the Department of Public Works to review the bids and to return Tuesday, April 25, 2006 during the County Commission meeting with a recommendation for purchase.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.

 

ITEM #13 – CONSIDER APPROVING LIQUID ASPHALT BIDS FOR 2006 COUNTY HIGHWAY MAINTENANCE WORK

Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of the liquid asphalt bids for 2006 county highway maintenance work.  Price quotations were received from three vendors.  The terminal for SemMaterials is in El Dorado, the terminal for Vance Bros. is in Kansas City, and the Wright Asphalt terminal is in Catoosa, Oklahoma.  The best bid will be for material purchased at the SemMaterials terminal in El Dorado.  SemMaterials has agreed to honor the price submitted by Vance Bros. for CRS-1H material.

 

Commissioner Carpenter motioned to approve the bids submitted for liquid asphalt products for the County highway Division and to approve SemMaterials as the primary material supplier for the 2006 construction season.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.

 

RECESS

Commissioner Woydziak recessed the Board meeting at 11:10 a.m. for 5 minutes.

 

RECONVENE

Commissioner Woydziak reconvened the Board meeting at 11:15 a.m.

 

ITEM #14 – WORK SESSION – BURN BAN

Commissioner Carpenter motioned to approve Resolution No. 06-30, a resolution rescinding Resolution No. 06-26, a resolution enacting a burn ban in Butler County.  Commissioner Doll seconded the motion.  Motion carried 4-0.  

 

Danny Armstrong, Fire District #3, came before the Board for approval to purchase a replacement truck for one that is no longer serviceable.  Bids were received from Lubbers in the amount of $29,595.42 and Stevens Ford in the amount of $28,812.00.

 

Commissioner Woydziak motioned to approve the purchase of a truck for Fire District #3 from Stevens Ford in the amount of $28,812.00.  Commissioner Doll seconded the motion.  Motion carried 4-0.

 

 

 

APPROVAL OF VOUCHERS

Commissioner Doll motioned to approve the vouchers dated April 24, 2006 in the amount of $204,349.79.  Commissioner Carpenter seconded the motion.  Motion carried 4-0.

 

OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS

Administrator Johnson stated that the offer to Marilyn McClure to purchase property in Augusta did not include the value of the building, and a new offer is being submitted.  The amount of the new offer is $34,659, which includes $21,195 for the land and $13,414 for the building.

 

ADJOURNMENT

Commissioner Carpenter motioned to adjourn the meeting of the Board at 11:50 a.m.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.