BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, November 27, 2001

 

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

 

LEGAL REVIEW OF APPENDIX C (BNSF AGREEMENT)

Larry Powell, BCED Director, informed the Board that he visited the BNSF’s office in Dallas, Texas to review the leases mentioned on Appendix C of the proposed agreement.  He then reviewed his findings.  He discovered that all the property located within the City limits of Augusta & Andover are owned with Warranty Deeds and will transfer as such.  The balance will transfer with QuitClaim Deeds.  Further, he commented that there would be some changes on Appendix C.  Some of the leases listed do not go with this rail line but with BNSF’s main line.  Also, some of the leases expire in 2002, so the annual source of revenue will be lower.  Commissioner Doll requested a master Appendix C with the necessary revisions along with accurate income figures.    Mr. Powell went on to tell the Board that W. Robert Alderson, Jr., an attorney from Topeka specializing in railroads, has reviewed the documents and is sending a letter addressing the questions and concerns.  Mr. Alderson noted that he was worried about the County assuming responsibility for all goods & products moving on the rail line.  Mr. Powell clarified for him that the railroad was out of service, which satisfied Mr. Alderson.  Also, Mr. Alderson advised the Board to modify the closing date or replace it with “To be mutually agreed upon”, prior to signing it.  This would prohibit the County from being responsible for anything in the contract until closing.  Mr. Powell also notified the Commissioners that Mr. Alderson would be able to help with proper filing procedures, after possession of the rail line is taken.  The Board agreed to wait to sign the agreement until the lawyer’s summary letter is received, Exhibit C is revised, and the closing date is changed.  Further, they instructed Mr. Powell to proceed with these matters, assuring BNSF that a prompt closing date is also Butler County’s desire.

Commissioner Doll moved to table this item (legal review of Appendix C Lease Agreements pertaining to the Augusta/Andover BNSF rail line) pending the receipt of the attorney’s summary letter as well as a revised Exhibit C. Commissioner Carpenter seconded the motion.  Motion carried 3-0.

 

QCD FROM BUTLER COUNTY TO CITY OF AUGUSTA

The City of Augusta has asked to obtain ownership of the “Old County Shop”, which they are currently leasing from the County.  The Commissioners commented that, since the State gave the property used as the “New County Shop”, Butler County should give that property to the City of Augusta.  It was noted that this property potentially has a high commercial value, but in the Board felt this was better for all involved.

Commissioner Carpenter moved to authorize a Quit Claim Deed form Butler County to the City of Augusta for Lots 1, 2, 3, 24, 25 & 26 of Block 2 in Old Orchard Addition, and Lots 1, 2, 3 & the north 90 feet of Lot 6 of Block 2 in Yeagers Addition, all in the City of Augusta (located at the SW Corner of 14th & Ohio); and allow the Chair to sign.

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

 

911 EMERGENCY COMMUNICATIONS DEPARTMENT SOFTWARE

Chris Davis, Emergency Communications Director, reviewed the Computer Aided Dispatch (CAD) System with the Board and requested permission to obtain optional modules to support and supplement this system.  Computer Services Director Scott Stoskopf was also available for discussion.  Mr. Davis informed the Commissioners that a grant was received in 1999 for the purchase of CAD as well as a Records Management System (RMS).  Since the grant encompassed RMS & CAD, a few important modules were initially omitted.   Mr. Stoskopf stated that basically officers are currently processing the same data numerous times.  The requested software will allow a one-time entering of some of the pertinent information.  In addition, it is Windows based software, making it more user friendly. 

Commissioner Carpenter moved to authorize 911 Emergency Communications to acquire the Graphical User Interface module and the Pager Connect module form H.T.E., in the amount of $6,020 plus an increased annual maintenance cost of $1,450, to be paid out of the Computer Equipment line item of Emergency Communication’s budget.  Commissioner Doll seconded the motion.  Motion carried 3-0.

 

WAIVER OF COUNTY ADMINISTRATIVE FEES (ANDOVER)

Andover City Administrator, Jeff Bridges, requested that the City of Andover’s portion of the 3% Administration fee, for the benefit district improvement projects, be waived.  He justified his request by saying that it is Andover’s practice to waive Administration fees if projects are paid for in cash.  Thus, it was assumed this project would be handled the same.  Darryl Lutz, County Engineer, explained that, while engineering fees are being paid by all parties involved, there are additional costs not being charged to the project.  Commissioner Doll noted that overhead expenses must be covered and it is typical to encounter an Administration Fee.  Moreover, he felt 3% was reasonable.  Commissioner Shriver inquired how this was covered in the agreement.  Mr. Newton noted that it was vague, but he commented that the 3% was suggested by the Bonds advisor at the beginning of the project.  After calculating that the 3% equaled approximately $500 per month from the start of the project, all Commissioners felt this was fair.

Commissioner Carpenter moved to deny the City of Andover’s request to waive the 3% Administration Fee being assessed by Butler County for USD 385/City of Andover’s benefit district projects. Commissioner Doll seconded the motion.  Motion carried 3-0.

 

LANDFILL DOZER REPAIR

Darryl Lutz, County Engineer, informed the Board that the Caterpillar D6H crawler/dozer, used primarily at the landfill, is in major need of service on the transmission.  The estimate received for repair is $11,365.

Commissioner Carpenter moved to authorize the service and reconditioning of the transmission on the D6H dozer, currently being used at the landfill, the costs to be paid out of the landfill fund.  Commissioner Doll seconded the motion.  Motion carried 3-0.

 

RECESS

Commissioner Carpenter moved to recess the County Commission Meeting at 10:10 a.m., in order to convene the Public Building Committee Meeting.  The County Commissioner Meeting will reconvene immediately following said Public Building Committee Meeting.  Commissioner Doll seconded the motion.  Motion carried 3-0.

 

RECONVENE

Commissioner Carpenter moved to reconvene the Butler County Commission Meeting at 11:20 a.m.  Commissioner Doll seconded the motion.  Motion carried 3-0.

 

RESOLUTION 01-46

Administrator Newton reviewed the recent hearing, Butler County v. Susan Richards, who has been harboring two Bengal tigers.  This case was dismissed due to specific language contained in the current resolution.  Thus, Mr. Newton presented a resolution, drawn by County’s Counselor Norman Manley, prohibiting the ownership, possession, keeping, or harboring of certain animals.

Commissioner Carpenter moved to approve Resolution 01-46, prohibiting ownership or harboring of certain animals; and allow the Commission to sign.

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

 

EXECUTIVE SESSION & ADJOURNMENT

Commissioner Carpenter moved to recess into Executive Session at 11:30a.m. for 20 minutes to discuss actions of non-elected personnel.  Further, having no further business before the board, he moved to adjourn immediately after reconvening the regular session.  Commissioner Doll seconded the motion.  Motion carried 3-0.