BUTLER
COUNTY BOARD OF COMMISSIONERS
Tuesday,
September 18, 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.
9/22/01 GATHERING PERMISSION
Commissioner
Shriver moved to allow Mabel Gannon permission to use the Butler County
Courthouse steps, lawn & electricity for a public gathering on the morning
of Saturday, September 22, 2001. Commissioner
Doll seconded the motion. Motion
carried 3-0.
Commissioner
Carpenter suggested drawing a proclamation to show Butler County’s support to
those affected by the “Attack on America”.
The Board whole-heartedly agreed, asking Mr. Newton’s assistance.
Commissioner
Carpenter moved to approve the Abates in the amount of -$1,932.28, approval
#2071, dated 9/18/01. Commissioner Doll seconded the motion. Motion carried
3-0.
Jay
Newton, on behalf of County Engineer Darryl Lutz, reviewed the bids received
September 11, 2001, for the Culvert Letting No. 56 project. After tabulating all of the bids and
comparing them to his own estimate, Mr. Lutz recommended awarding the project
to the lowest bidder.
Commissioner
Carpenter moved to accept the bid from LMK Concrete Construction, of Lindsborg,
Kansas, in the amount of $144,784.50; and allow the Chair to sign.
Commissioner
Doll seconded the motion. Motion
carried 3-0.
Clark
Allemang, County Appraiser presented & reviewed a maintenance plan to
submit to the Division of Property Valuation.
This is an annual requirement & should include the department’s
budget & a schedule for the completion of the various phases of the
appraisal cycle. He noted that part of
this plan includes combining adjacent properties with same owners as one
parcel. This would allow for less
paperwork, including tax statements sent.
Mr. Allemang stated that this is the same plan as years past. Also, the State will return a “Compliance
Report”, noting what phases were completed as planned. Further, he informed the Commissioners that
he just received that report for the 2000 plan (setting values for 2001), and
it was the first report with 100% affirmative compliance.
Commissioner
Carpenter moved to approve the plan for the Kansas Property Valuation Division
for 2003 values; and allow the Board to sign.
Commissioner Doll seconded the motion.
Motion carried 3-0.
SW 70th ST
PROJECT – QUARRY AGREEMENT
Dick
Carlisle, Martin Marietta Materials, Inc. (MMM) Representative, and Jay Newton,
on behalf of County Engineer Darryl Lutz, reviewed the proposed Road &
Development Agreement between Butler County, MMM & Crest Quarry Properties,
Inc. (Walker Stone Co., Inc.). Mr.
Carlisle assured the Commissioners that many years of discussion and research
have gone into drawing this agreement.
He went on to say that he had met with Norman Manley, Darryl Lutz, Todd
Kennemer and his predecessor Mike Bertrand, as well as Jerry Demo. Upon review, it was noticed that the terms
of this agreement apply to “Subject Property” described in “Exhibit A”.
Said
Exhibit includes all the quarries in Butler County, not just the ones operated
by MMM. Therefore, Mr. Carlisle
stressed that he must clarify “Exhibit A” before proceeding with signing the
agreement. He requested permission to
visit with Todd Kennemer, as well as his office to clarify this discrepancy.
The Board obliged.
This
item was taken acted upon at the September 17, 2001, meeting.
Stephen
Jeffery Craig has requested the name on his license to be changed to S.J. Craig
Enterprises, LLC.
Ron
Roberts, County Clerk, approached the Board with the suggestion of issuing a
policy on if the name on a CMB License should be a business or an
individual. He noted that this has been
handled both ways in the past. Mr.
Newton stated that there are no statutory guidelines. He went on to say that he has seen licenses in other counties
with a Corporation’s name & specifying a manager.
Commissioner
Shriver moved to set a policy on future Cereal Malt Beverage License
applications requiring a local manager or contact to be named on said
application & license. Further, he
moved to deny the request of Stephen Jeffery Craig to list the company only,
adding that if Mr. Craig wanted to change the individual’s name at a later
date, that would be his option.
Commissioner
Doll seconded the motion. Motion
carried 3-0.
Commissioner
Carpenter moved to recess into Executive Session, from 10:20a.m. until
10:40a.m., to discuss performance matters of non-elected personnel.
Commissioner Doll seconded the motion.
Motion carried 3-0.
The
Commissioners reconvened the Regular Session at 10:58a.m.
Mr. Dick Carlisle returned after researching & reviewing the agreement, especially “Exhibit A”. He noted that Exhibit A was a list from Jerry Demo, in 1989, of Butler County quarries, including those operated by Geo. M. Myers, Inc. as well as MMM. Further, he was told that Paragraph 3(a) of the agreement that states “…as a result of MMM’s use…” eliminates the Geo. M. Myers quarries. Mr. Carlisle suggested either leaving the agreement as it reads, which he is comfortable with, or crossing out all properties not in Range 4 East. However, Commissioner Shriver noted that Geo. M. Myers operated a quarry by Douglass in said Range. Therefore, after reviewing the County map, The Board & Mr. Carlisle decided that all properties in Township 27 South, Range 4 East should be crossed out. While specifying owners/operators/properties to omit, Mr. Carlisle discovered that there were two versions of Exhibit A’s. Since the Board agreed with the concept of the agreement, the Commissioners advised Mr. Carlisle return the correct agreement with only those properties within Township 27 South, Range 4 East, for signature.
Commissioner Carpenter moved to table this item until all proper documents are received. Commissioner Shriver seconded the motion. Motion carried 3-0.
Commissioner Doll moved to table this item until the Board can review pertinent documents. Commissioner Shriver seconded the motion. Motion carried 3-0.
EXECUTIVE SESSION
& ADJOURNMENT
Commissioner
Doll moved to recess into Executive Session, until 11:42a.m., to discuss
confidential data regarding trade secrets of corporations. Further, having no further business before
the board, he moved to adjourn the meeting immediately following reconvening
the Regular Session. Commissioner Shriver seconded the motion. Motion carried 3-0.