BUTLER
COUNTY BOARD OF COMMISSIONERS
Tuesday, September 4, 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 Doll moved to approve the Butler County Commission Meeting minutes of Monday, August 27, 2001, and Tuesday, August 28, 2001. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Commissioner Carpenter moved to approve vouchers totaling $803,257.31, dated September 4, 2001. Commissioner Doll seconded the motion. Motion carried 3-0.
Daryl Lutz, County Engineer, discussed the following items:
Parallel Road - Improvement Options:
Mr. Lutz presented his assessment of the current condition of Parallel Road, east of Butler Road. An 8/10-mile portion of this road leads to the entrance of the Prairie Rose Chuckwagon Supper (PRC). Todd Kennemer, Director of Planning & Zoning, as well as Thomas Etheredge, Owner of PRC, was available for discussion. Mr. Lutz also reviewed options for improvement, as required formerly by the Board, as well as proposed maintenance options. In addition, he gave some financing options. Mr. Kennemer proposed a 4th option that Mr. Etheredge has been exploring. Mr. Etheredge is trying to purchase the land between PRC & Butler Road. If he is successful, he would put a drive from that paved road to PRC & close off the current entrance so there is not access from Parallel Rd. When asked for an estimated time frame, Mr. Etheredge indicated he thought it might take 6 months to acquire this tract & make a drive. Further, he explained that this would be a much better & more affordable option, so he is pursuing it aggressively. The Commissioners asked him to return on November 5th to report the status. Mr. Lutz recommended allowing Mr. Etheredge time to pursue this, since the options he presented could be put into effect fairly quickly.
Moreover, Mr. Etheredge explained to the Board that he recently attended a Sedgwick County meeting, which discussed the Richey Dumpsite. He noted that Richey’s road situation was very similar to that of PRC’s. Further, he informed the Commissioners that Sedgwick County Commissioner, Betsy Gwin, noted the law supported her Board’s decision to have the County pay for any necessary road maintenance. Therefore, he requested the Commissioners research the legal aspect of the road issue, as he has.
Proposed Tipping Fees:
Mr. Lutz presented a Landfill Tipping Fee Schedule for Board approval, to become effective January 1, 2002. This proposal would increase regular trash disposal fees, construction/demolition wastes & the minimum pickup load fee. However, “white goods” (white metals & appliances with & without refrigeration units), tires, and special wastes. Mr. Lutz added that these proposed fee increases conform to the proposed user fee revenues in the adopted 2002 landfill budget.
Commissioner Carpenter moved to approve the revised Tipping Fee schedule for the landfill as proposed & as amended, to be effective January 1, 2002.
Commissioner Doll seconded the motion. Motion carried 3-0.
Equipment Purchase Recommendation:
After bids were received at the 8/21/01 meeting for a new telescopic boom loader/material handler, Mr. Lutz reviewed them. He noted to the board that the Caterpillar from Foley Tractor & the JCB from Sellers were the only pieces of equipment that truly met the specifications required. Therefore, he recommended the Board approve the bid from Foley Tractor Co.
Commissioner Doll moved to approve the purchase of a Telescopic Boom Loader/Material Handler from Foley Tractor Co., for a total cost of $67,944. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Farney Project Bid Tabulation Review:
Bids were received on the Farney Berm Project on August 28, 2001, all of which exceeded the engineer’s estimate. Mr. Lutz presented several options: 1) reject the bids & re-bid the project; 2) award the lowest bidder – above the engineer’s estimate; or 3) consider a negotiated bid for a revised scope of work. He recommended the third option. Further, Mr. Lutz commented that the owner has agreed to the wall being built in straight segments in lieu of a continuous curve, which is why the bids are higher than anticipated.
Commissioner Doll moved to accept the bid from Klaver Construction Co. and allow the County Engineer to negotiate the price, not to exceed the Engineer’s original estimate of $36,125.97. Commissioner Carpenter seconded the motion. Motion carried 3-0.
SW 70th St. Project Right-of-Way Purchases:
All right-of-ways to be purchased by negotiation have been acquired. The properties necessary for condemnation are both currently in the process. Mr. Lutz noted that documents to be signed for Walker Stone Co. would not be filed because the location of the line may change, thus the legal description may change. The Commissioners agreed that they felt more comfortable waiting to sign the correct document.
Commissioner Doll moved to accept the appraisal of $2,500 per acre, for the G.M. Marc Myers Living Trust, the total amount of $400, for the attached legal on the right-of-way; and allow the Chair to sign both of the documents.
Commissioner Carpenter seconded the motion. Motion carried 3-0.
Road Impact Fee Review:
Mr. Lutz presented & reviewed the Road Impact Fee Project criteria as well as a proposed application for project funding on Township Roads using County impact fee funds.
Commissioner Carpenter moved to approve the Road Impact Fee criteria & application form. Commissioner Doll seconded the motion. Motion carried 3-0.
Grant Helfrich, Director of EMS, presented proposed increases in Ambulance service fees. He noted that an average cost of transport of an ambulance is $428 (Budget divided by # of transports). When asked, Mr. Helfrich noted that there are no statutory guidelines for a fee maximum. Further, he felt, compared to other Kansas counties, Butler County was about in the median.
Commissioner Doll moved to approve Resolution 01-37 establishing Ambulance Service Rates for Butler County EMS Department, effective September 4, 2001; and allow the Board to sign.
Commissioner Carpenter seconded the motion. Motion carried 3-0.
Larry Powell, Director of BCED, presented a monthly report & update to the Board.
The Commissioners felt discussing with both the Cities of Augusta & El Dorado, first, regarding the advantages & disadvantages of a Wholesale Water District. Mr. Newton noted that Andover’s issue is tied to their contract with Wichita. Commissioner Doll added he felt the Andover Mayor currently preferred Wichita’s water.
Commissioner Shriver informed Mr. Powell that the Augusta City Council has invited the two of them to the next meeting (9/17/01) to review the Railroad issue.
Commissioner Carpenter indicated he wished to see someone take over the railroad & maximize its use. However, Mr. Newton stated he felt the Commissioners should make decisions regarding granting easements along the right-of-way.
Pam Dunham, Mapping Department, updated the Board as to the status of the contract with GDT for the Butler County Centerline Map. She informed the Commissioners that Norm Manley reviewed the contract and felt comfortable with its format, except for the following: 1) He did not notice a cancellation clause – Ms. Dunham stated there was a sufficient clause in the agreement for cancellation; 2) He felt the wording regarding Butler County supplying aerial or satellite photos to GDT at our discretion could be misconstrued.
The Commissioner advised Ms. Dunham to get Mr. Manley & GDT together for agreeable verbiage regarding his second concern. However they felt the first one was covered adequately in the contract.
Commissioner Shriver moved to recess into Executive Session, from 11:00a.m. until 11:45a.m., to discuss performance matters of non-elected personnel; and, having no further business before the board, to adjourn immediately following reconvening into regular session. Commissioner Carpenter seconded the motion. Motion carried 3-0.