BUTLER
COUNTY BOARD OF COMMISSIONERS
Monday, January 7, 2002
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.
DISCUSSIONS WITH
COUNTY COUNSELOR NORMAN MANLEY:
Administrator Newton invited County Counselor Norman Manley to discuss the contract with JE Dunn for Construction Management Services on the new jail facility and court’s building. Mr. Newton reminded the Board that the current contract expires in April of 2002 for both the jail & the judicial buildings. Since ground has not been broken on the judicial building as of yet, this date is obviously not sufficient. Therefore, Mr. Newton advised JE Dunn to bring an amendment with a new expiration date, as well as the desired fees. Their amendment recommends a September 2002 completion date, which their timeline supports, and additional fees in the amount of $243,000. Mr. Newton is still concerned if this time frame is sufficient. He indicated that the jail should be done in the spring of 2003, and the Judicial building by the end of 2003. The Board debated whether the additional fee was appropriate as well, since it includes reimbursable expenses that have not been incurred yet. Mr. Manley recommended agreeing on a specific maximum dollar amount or not paying anything until the jobs are complete and supporting documentation is provided. The Commissioners discussed how the original 3.25% fee was reached, as well as what delays had occurred. They decided that Mr. Newton & Mr. Manley should negotiate the fee and expiration date directly with JE Dunn. Commissioner Carpenter requested that the contract not be left open-ended; Commissioner Doll suggested an initial $120,000 offer since the County is not the sole reason for the delays. Commissioner Shriver noted that Commissioner Doll’s presence at negotiations might be beneficial, since he has been involved from the beginning. All agreed. Mr. Newton confirmed that he would set an appointment with Dan Ferguson of JE Dunn and notify Mr. Manley and Commissioner Doll.
County Clerk Ron Roberts voiced his concerns about Norman Manley representing his office in the suit against him by Gary Fugit. He stated that while he was comfortable with Mr. Manley’s abilities, since Mr. Manley represents the City of Andover, even though it is not involved in this case, the appearance of conflict might arise. Mr. Manley agreed and suggested the county employ the insurance attorney that has represented them in the past, and has experience in recall petition cases. Commissioner Shriver inquired about using the back-up counselor for the county, Mike Coash. Mr. Manley indicated he would provide good representation as well. Commissioner Doll suggested following Mr. Manley’s recommendation.
Commissioner Carpenter moved to authorize Norman Manley to engage in outside counsel to defend the County Clerk’s office in Case No. 01 C 509 (Gary Fugit v. Ronald Roberts, County Clerk and Election Officer). Commissioner Doll seconded the motion. Motion carried 3-0.
Mr. Manley informed the Board that he has received a letter from an attorney who is representing County Treasurer Neal Parrish, regarding his 2002 salary. Mr. Manley indicated that the verbiage in the resolutions that establish the salaries is not exactly correct. Since the income from the Motor Vehicle Department is establish statutorily, it should not be included in the amount established in the resolutions. Although the recent amendment separates the two salaries, Mr. Manley stated that there should probably be no mention of the Motor Vehicle amount at all. Moreover, he suggested that legislature should be approached about this since it has been an ongoing problem, even prior to the current Treasurer.
Commissioner Shriver moved to approve Resolution 02-02, which amends Resolution 01-50, regarding the Treasurer’s salary only. The amount is altered from $40,000 to $33,500; and authorizes the Chair to sign. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Commissioner Carpenter moved to approve the Butler County Commission Meeting minutes of Monday, December 31, 2001. Commissioner Doll seconded the motion. Motion carried 3-0.
Commissioner Carpenter moved to approve vouchers totaling $132,059.79, dated January 7, 2002. Commissioner Doll seconded the motion. Motion carried 3-0.
NOXIOUS WEED DEPARTMENT
TRUCK BIDS
Riley Walters, Director of the Noxious Weed Department, requested permission to solicit bids for a 2002 truck, to replace the 1988 F-350 presently in use. He noted that he would request bids for a cab & chassis only and install equipment already being used.
· REAP Annual Dues: Commissioner Carpenter opened the discussion regarding the dues charged annually by REAP in the amount of $3,863. The Commission acknowledged that the purpose of this group is basically to lobby for the mutual interests of the 7 county membership, giving these counties a competitive voice with larger counties like Johnson. The Board agreed that this membership is beneficial. Further, they requested a visit with a representative of REAP to discuss their objectives as well as other county issues.
· El Dorado Parking: Commissioner Carpenter announced that he received a letter from the City of El Dorado regarding parallel parking by Gordy Park. The City is requesting the County pay to paint the parallel lines. Mr. Newton noted that this would have to be contracted out. Commissioner Shriver suggested asking the City to do it and send the county the bill.
· Regional Energy Corp.: Commissioner Carpenter announced that this company is developing their business on a 5-acre plot on Hwy 196, in a residential area, which is irritating surrounding neighbors. However, he added that Planning & Zoning Director Todd Kennemer states that since that plot is zoned agricultural, this is allowed and there’s nothing the County can do about it.
· Jail Administrator Applicants: Administrator Newton informed the Board that 19 applicants have responded regarding the Jail Administrator position, and he feels there are at least 3 that meet the position requirements as set out in the job description. He intends to supply the interview committee with the list of applicants and pertinent resumes, so the interview process can commence as soon as possible.
Commissioner Doll moved,
having no further business before the board, to adjourn the meeting.
Commissioner Carpenter seconded the motion.
Motion carried 3-0.