BUTLER
COUNTY BOARD OF COMMISSIONERS
Monday,
October 22, 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.
Commissioner
Carpenter moved to approve the Butler County Commission Meeting minutes of
Monday, October 15 2001, Tuesday, October 16, 2001 and the Public Building
Commission Meeting minutes of Tuesday, October 16, 2001. Commissioner Doll seconded the motion.
Motion carried 3-0.
Commissioner
Carpenter moved to approve vouchers totaling $848,477.78, dated October 22,
2001. Commissioner Doll seconded the
motion. Motion carried 3-0.
Administrator
Newton presented a proposed resolution, which was drafted similar to the one
adopted by Sedgwick County. In
addition, he reviewed Kansas statutes regarding this issue. Mr. Newton
commented that the state does not allow a separate misdemeanor court for a
county the size of Butler. Due to that
fact, the Board would need to adopt this resolution to establish procedures
code to ensure the efficient operation of the Butler County Court in the
prosecution of violations of county codes and resolutions to operate within the
District Court System. Further, Mr.
Newton explained that funding for this would have to come from the County’s
General Fund; however, it would also generate revenue through fees &
fines. The Board agreed that an
additional judge, prosecutor & possibly judge’s secretary would need to be
employed for the prosecution of these violations. Moreover, they felt that the cost of these employees would also
be covered through the penalty monies received. The Commissioners felt the other parties that would be affected
by this (i.e. County Attorney, a judge, Court Administrator) needed to be
notified & given time to research this matter. Further, the Board requested that Todd Kennemer, Planning &
Zoning Director, review the appropriate fines & fees for violations. Then a
meeting should be held for discussion.
Administrator
Newton presented & reviewed the proposals he received for employee health
insurance. He reminded the Commissioners
that the current carrier, Blue Cross/Blue Shield, proposed a 34% increase in
premiums. After comparing this to the
other proposals received, Mr. Newton suggested the following increases in
employee’s premium costs:
1) Employees now paying $30/pay pd. for
a family policy: $50/pay
pd.
2) Employees now paying $0 for a single
policy: $25/pay
pd.
3) Employees hired after 9/1/99 (25% of
staff): pay
20% (approx.$122/mo)
In
addition, Mr. Newton requested that an insurance committee be formed to review
the options he presented, including the benefits & deductibles of
each. Further, he suggested the
following for said committee: County
Clerk Ron Roberts, County Treasurer Neal Parrish, Health Department Director
Carol Borger, Mapping Director Pam Dunham, County Engineer Darryl Lutz, &
Sheriff Stan Cox. He added that County
Attorney Jan Satterfield had also been asked, but was unable to commit. However, she would recommend a
representative from that department.
Commissioner
Shriver recessed the meeting at 10:15a.m. for 10 minutes.
The
Regular Session was reconvened at 10:25a.m.
On
behalf of Butler County Economic Development Director Larry Powell,
Administrator Newton presented a draft agreement proposing to transfer
ownership of a Burlington Northern & Santa Fe railroad line between Augusta
& Andover. Commissioner Shriver
stated that, after contemplating the issue thoroughly & receiving feedback
from some constituents, he felt strongly that, no matter what happens, anything
regarding this matter should not be forwarded to the Port Authority, but to the
Board of Commissioners. Commissioner
Carpenter agreed, noting that Butler County will, & should, have the ultimate
responsibility anyway. The Board requested
that Mr. Newton submit the document to County’s Counselor, Norman Manley, for
review prior to the Board’s agreement.
Mr. Newton announced that Mr. Manley received a copy last Friday. The Commissioners Shriver & Carpenter
asked if the matter of the .6-mile tract east of Augusta should be resolved
prior to entering into this agreement.
After discussing the issue, Commissioner Shriver suggested sending a
letter to BNSF supporting Augusta’s request to take over that tract. Commissioner Shriver reiterated that he felt
it was important to decide how to take title in this transaction. Commissioner Doll debated whether or not the
County having title would be more beneficial than the Port Authority having it,
commenting that his main concern is the liability. Commissioner Shriver said he felt that the only way to ensure the
County’s total involvement would be to have complete control. In addition, he said he assumed that the County
would be partially liable no matter who took title to the property. Commissioner Carpenter agreed that the
County would be ultimately responsible.
Commissioner
Shriver moved to take title to the donation of the railroad in Butler County.
Commissioner
Carpenter seconded the motion. Motion
carried 3-0.
The
Commissioner had the following questions regarding the agreement that the
wanted either answered or clarified:
- Clarify “common carrier obligations”
and the grantee paying closing costs;
- What is the cost for document preparation & filing for
securing approval or exemption from approval by the Federal Surface
Transportation Board;
- Need a specific list from the
“Exhibit C” mentioned;
-
BCED
& The Board have been told that the appraisal will cost a maximum of
$15,000, not $18,000;
-
Inform
BNSF that this will be a public document the “Confidentiality Clause” is not
appropriate;
-
Regarding
the Quit Claim Deed, inquire about fiber optic lines that have been previously
mentioned;
Mr.
Newton stated that he would have Mr. Manley review the document and return next
week for discussion. In addition, at
the Board’s request, he said he would send a letter to BNSF informing them of
the Board’s support of Augusta’s letter of request of the property owners to
abandon the .6-mile line east of Augusta.
He will also ask BNSF to address the mineral rights in Exhibit C,
including a complete list from that exhibit.
·
Orwin
Weishaar, from Rock Creek Township, approached the Board regarding a recall of
the Township Trustee, Shawn Schoenthaler, stating he has failed to uphold his
responsibilities, specifically overseeing the maintenance of the roads. Mr. Newton commented that the Board has no
authority over this matter, which Mr. Weishaar acknowledged. However, he felt that the Commissioners
should be aware of the matter. Mr.
Newton explained that the Board is responsible for maintaining the Township,
not an individual. He added that an
individual cannot be recalled, a Board must be. Ron Roberts, County Clerk,
commented that a majority of the Board cannot be recalled; therefore, due to a board
of 3, only one can be recalled. The
County Attorney has ruled that Mr. Weishaar does not have grounds for a
recall. The Board regretfully told Mr.
Weishaar that, while the Township is responsible for the roads, they could opt
not to maintain them.
·
Commissioner
Carpenter said that he did not feel it was a good idea to give employees
holiday gift certificates to Dillons, since it isolates 1 County business. Commissioner Doll verified that the
rationale behind that last year was that Dillons was in several cities
throughout the county. Mr. Newton
suggested a blank gift certificate that the merchant can fill in & be
reimbursed by the County. The
Commissioners agreed.
·
Commissioner
Carpenter recommended a “Shop Butler County” campaign to draw business to the
county. Commissioner Doll agreed that
business is being lost & supported the idea. Commissioner Shriver also agreed that promoting local patronage
was necessary.
·
Regarding
citywide clean ups, Commissioner Carpenter felt a better system needs to be
devised, specifying more than one dumpster is necessary.
Commissioner Carpenter moved, having no further business before the board, to adjourn the meeting. Commissioner Doll seconded the motion. Motion carried 3-0.