BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, August 14, 2001

 

Commission Chairman, Bill Shriver, called the Butler County Board of Commissioners to order.  Present was Commissioners Randy Doll & Will Carpenter; County Administrator, Jay Newton; and Commission Secretary, Marcy Zwall.

 

COURT SERVICES LEASE EXTENSION

On behalf of Court Services, Jay Newton requested consideration of an extension of the lease agreement for the offices located at 110 & 114 S. Gordy, El Dorado.  Said agreement would extend from September 15, 2001, to September 14, 2003, at which time the offices would be leased on a month-to-month basis until the judicial building construction is complete & ready for occupancy.

Commissioner Carpenter moved to renew the lease 110 & 114 S. Gordy, El Dorado for a period through September 14, 2003.

Commissioner Doll seconded the motion.  Motion carried 3-0.

 

SW 70TH STREET PROJECT

Darryl Lutz, County Engineer, presented & reviewed the following issues pertaining to the SW 70th Street Project, between Santa Fe Lake Road & Ohio St. Road:

 

Right-of-Way Purchases:

Commissioner Carpenter moved to approve right-of-way purchase from Edna Nath & Noreen Nath, as well as Michael Silvers, for the SW 70th St. project; and allow the Vice-Chairman to sign. Commissioner Doll seconded the motion.  Motion carried 2-0.  Commissioner Shriver abstained from voting due to a close friendship.

 

Mr. Lutz explained to the Board negotiations with Walker Stone Company.  He noted that they are being cooperative & are in favor of the road project, but have issues with the quarry.  He said the County is working to provide access to their quarry on the north side, since their operations are mostly on the south side of the road.  They’re willing to pay the additional cost to put a larger drainage structure under SW 70th St. to provide for that.  However, there will be some additional engineering fees that will be necessary to revise the project plans in the amount of about $9,600.  This amount would be slightly more than the purchase amount of the right-of-way ($8,950).  Mr. Lutz stated that Walker Stone Co. is willing to donate the right-of-way if the County will authorize & pay for the additional Engineering & design work.

Commissioner Doll moved to substitute the revised Engineering scope of work at the cost of $9,600, in lieu of the Walker Stone Co. right-of-way purchase in the amount of $8,950 (3.58 acres @ $2,500/acre).

Commissioner Carpenter seconded the motion.  Motion carried 3-0.

 

Commissioners required drawing an agreement with a zero dollar amount, or a document stating the trade.

 

Coastal Refining & Marketing Utility Agreement:

Coastal Refining & Marketing has 1 road crossing for a pipeline that is no longer in use.  An existing valve box & valve, along with an old electric service pole are in the way of construction.  Coastal is willing to remove these items; however, the County is required to enter into agreements with any affected utility companies for projects using federal aid funds.

 

 

Equilon Pipeline Utility Agreement:

Equilon Pipeline has 1 road crossing that will need to be protected with a reinforced concrete slab in the new ditch bottoms.  The County will be responsible of the cost, but it is included in the Road & Bridge CIP budget.  As aforementioned, a utility agreement will need to be entered into between Equilon & the County.

 

Commissioner Carpenter moved to approve the utility agreement with Coastal Refining & Marketing, Inc. & Butler County regarding an existing pipeline crossing for the SW 70th St. project; and allow the Board to sign.  In addition, Commissioner Carpenter moved to approve a utility agreement with Equilon Pipeline, for the adjustment of pipelines for the SW 70th St. project; and allow the Board to sign.

Commissioner Doll seconded both motions.  Motions carried 3-0.

 

BNSF PHASE I REVIEW

Mr. Newton requested that Mr. Lutz review the Phase I report given by BNSF.  He noted to the Board that this type of study is very superficial.  A limited amount of research is done to look for uses either on or adjacent to the property that may have a potential impact.  Also a visual site assessment is done to observe obvious indications of contaminants.  No actual determination of contamination is done.  The report noted some potential impacts as follows:  battery boxes at crossings through Augusta, but were locked so no inspection could be done;  the refinery was mentioned, but noted the hazardous areas are at he south part of the refinery & the railroad is at the north;  above ground storage tanks on adjacent property were highlighted – these are related to crude oil & saltwater storage.  In summary, the report noted “No evidence of environmental impact to the right-of-way was observed.”  Also mentioned were the asphalt plants, a lagoon near Andover, & and some service stations in Augusta that had fuel storage facilities.    Commissioner Doll suggested considering obtaining a Phase II inspection.  Mr. Newton recommended waiting until further into the transaction.  Commissioner Carpenter noted that cost of this type of report should be researched before making a decision.  After more discussion, Mr. Newton stated this situation should be handled like any other contract:  negotiate, subject to a Phase II Inspection.

 

EXECUTIVE SESSION

Commissioner Shriver moved to recess into Executive Session, pursuant to land acquisition exception, in order to discuss right-of-way purchases related to the SW 70th Street project, until 10:00a.m.

Commissioner Doll seconded the motion. Motion carried 3-0.

 

RECONVENE

The regular session reconvened at 10:05a.m.

 

EXECUTIVE SESSION

Commissioner Carpenter moved to recess into Executive Session, pursuant to the non-elected personnel matters exception, in order to discuss a performance evaluation of a county employee, until 10:17a.m.  Commissioner Doll seconded the motion.  Motion carried 3-0.

 

RECONVENE

The regular session reconvened at 10:22a.m.

 

<<Commissioner Carpenter left the meeting at 10:25a.m.>>

 

 

JUVENILE JUSTICE DEPARTMENT

Mr. Newton presented & reviewed an organizational structure, along with position classifications to establish a Juvenile Justice Department.  He noted that these were devised with the help of Sherrie Vaughn-Gregg & Ann Carpenter.  He noted that, following the departure of Ms. Vaughn-Gregg, discussion has been made regarding how to shift staff to assume the responsibility of her position.  The structure submitted allows for a line of accountability.  Mr. Ryan Winfrey will take over Ms. Vaughn-Gregg’s daily operations; however, budgetary issues will be the responsibility of the JJS Administrator.  Likewise, Ms. Carpenter will manage Teen Court Director and EMP Supervisor.  Mr. Newton added that he has reviewed the position classifications & grades and recommends them for approval.  For the record, Commissioner Doll complimented Ms. Vaughn-Gregg on her successful efforts to improve her department.  In addition, Commissioner Shriver wished her well in her future endeavors.  Mr. Newton also expressed his appreciation for all of her help & hard work.

Commissioner Doll moved to establish a Department of Juvenile Justice Services (JJS) & approve the organizational structure & position classifications, as indicated.  Let it be known that Ann Carpenter will be the Administrator for the entire Department.

Commissioner Shriver seconded the motion.  Motion carried 2-0.  (Commissioner Carpenter was absent.)

 

COMMUNITY CORRECTIONS SALARY ADJUSTMENTS

Chuck McGuire, Community Corrections Director, proposed salary adjustments for State financed employee positions in his department.  He presented the State implemented pay plan that took effect in July of 2000.  Also submitted was a County Salary Survey for comparison, which shows that Butler County is currently under comparable counties.  Mr. McGuire explained that he has delayed requesting this in order to see what other counties were going to do, which almost all have upgraded to the State’s pay plan.  In addition, he wanted to wait until the budget was approved.  He does not see these upgrades being a problem for their 2002 budget.  Mr. Newton added that he has reviewed these upgrades & recommends them as well.

Commissioner Doll moved to adopt the proposed salary adjustments for State financed Community Corrections positions:

-          A general increase on Adult ISP of $9,713 for the next budget year, as a total;

-          An increase in Juvenile ISP line item of $4,680;

-          An increase in the Case Management line item of $5,012;

The total being approximately $20,000, which will be absorbed into the existing budget & not require additional funds.  Ref:  attached proposed salary increases for individuals indicated.  Effective date to be August 8, 2001. Commissioner Shriver seconded the motion.  Motion carried 2-0. (Commissioner Carpenter was absent.)

 

RESOLUTION 01-30 (BOOKKEEPING SYSTEM CHANGE)

This resolution, recommended by the Financial Auditor, causes all financial statements & reports to be prepared in conformance with the cash basis & budget laws of the State of Kansas & not in conformance with generally accepted accounting principals (GAAP), not relevant to the Kansas cash basis & budget laws.  Mr. Newton noted that he felt that if the auditor recommended it, it must be a very positive move for the county.  Commissioner Shriver inquired about the affect this new system would have on the County’s bonding capabilities.  Mr. Newton informed the Board that, as per the County’s Financial Advisor, this would not cause any problems in that area.  Further, there should be no downside or major risks.

Commissioner Doll moved to adopt Resolution 01-30 requesting the Kansas Director of accounts and reports to waive the requirements of K.S.A. 75-1120(a) for Butler County, Kansas.  This means the County will be going to a cash basis of accounting versus the full accrual basis of accounting (the proposed Generally Accepted Accounting Principals – GAAP or full accrual method - will not be required); and authorize the Chair to sign.

Commissioner Shriver seconded the motion.  Motion carried 2-0. (Commissioner Carpenter was absent.)

 

DISTRICT COURT BUDGET

Mr. Newton asked the Board to sign the District Court’s Budget, which is required to be submitted to the office of Judicial Administration of the State of Kansas, in addition to the county.  Further, he noted that this reflects the amount in the approved & adopted budget.  He told the Board that the bottom line is the same save some amendments regarding the allocation of funds.  Mr. Newton is requesting signature of the budget to submit as amended. 

 

ADDS & ABATES

Commissioner Shriver moved to approve Adds in the amount of +$275.48 and Abates in the amount of -$595.64, with approval #2066. Commissioner Doll seconded the motion. Motion carried 2-0. (Commissioner Carpenter was absent.)

 

ADJOURNMENT

Commissioner Shriver moved, having no further business before the board, to adjourn.  Commissioner Doll seconded the motion.  Motion carried 2-0.

 

RECONVENE

Commission Chairman, Bill Shriver, called the Butler County Board of Commissioners back to order, at 11:25a.m., having an immediate issue to discuss.  Present was Commissioner Randy Doll; County Administrator, Jay Newton; and Commission Secretary, Marcy Zwall.  Commissioner Will Carpenter was absent for this meeting.

 

The Board requested Todd Kennemer’s presence for discussion regarding media coverage of a tiger being kept within the County.  Mr. Kennemer informed the Board, while he did not see the story on the news, he had received a call that a local pet shop (Classy Critters) had closed & taken the animals, including a tiger, to keep in their mobile home.  In addition, he had heard that a horse had broken its neck chasing the tiger while running loose.  The horse’s carcass had been burnt & left.  While burning is acceptable, unless it was in the area zoned for mobile homes, leaving the remains is not.

 

Further, it was said that the pet shop owners informed the reporter on the news that they intended to reopen their business in their home.  Mr. Kennemer said this would not comply with zoning regulations and would not be allowed.  He indicated that the wild animal issue had him confused as to his department’s role in the matter.  Mr. Newton stated that 2 years ago, he had established Animal Control with the past director of Planning & Zoning, and moved Dean Roedel here to help.  However, he was not aware that anything had been done.

 

Commissioner Shriver suggested Mr. Kennemer meeting with Jay regarding his department’s function on Animal Control & report back to the Board at next week’s meeting, along with Clarence Daggett & Dean Roedel.  Mr. Newton recommended that Mr. Kennemer meet with the sheriff about this current issue prior to that.

 

 

ADJOURNMENT

Commissioner Doll moved, having no further business before the board, to adjourn.  Commissioner Shriver seconded the motion.  Motion carried 2-0.