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