BUTLER
COUNTY BOARD OF COMMISSIONERS
Tuesday, July 23, 2002
Commission Chairman Randy Doll called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Bill Shriver; Commissioner Will Carpenter; County Administrator, Will Johnson Jr., and Deputy Clerk Barbara Day.
Commissioner Shriver made a motion to approve Adds in the amount of $1,673.18 and Abates in the amount of $1,459.86. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Sgt. Kelly Alexander, Butler County Sheriff’s Department came before the Board of Commissioners for approval of a Local Law Enforcement Block Grant.
Sgt. Alexander advised that the Butler County Sheriff’s Department has applied and received both of these grants in the past. The local Law Enforcement Block Grant (LLEBG) has been received for the past three years and the Impaired Driving Deterrence Program Grant last year. The LLEBG Grant is going to be used to purchase equipment, the maximum amount of federal funds is $9,000 and the county has to make a 10% match. The Impaired Driving Deterrence Program Grant will reimburse the county for wages of officer’s who participate in the checkpoints and saturation patrols.
Sgt. Kelly recommended that the Board of Commissioners approve the Butler County Sheriff’s Department to apply for these grants and authorize the Chairman to sign.
Commissioner Carpenter made a motion to authorize the Butler County Sheriff’s Department to apply for the LLEBG and the Impaired Driving Deterrence Grants, and allow the Chairman to sign. Commissioner Shriver seconded the motion. Motion carried 3-0.
Jerry Rayl, Gold Financial Advisor for Butler County presented to the Board of Commissioners a General Obligation Internal Improvement Bonds, Series A 2002 in the total principal amount of $655,000. The purpose of financing the bonds is for otherwise unpaid costs of multiple capital improvements in the County and prescribing the terms and details of the bonds, Resolution #02-42.
Mr. Rayl presented five bids to the Board of Commissioners:
Company Net Interest Cost Annual Net Rate
1) Fahnestock & Co. $242,161.67 4.161489%
2) Stifel Nicolnaus $241,612.27 4.15204%
3) Gold Capital Management $242,714.83 4.17099%
4) Commerce Bank $238,771.39 4.103228%
5) Country Club Bank $242,668.86 4.170549%
Mr. Rayl recommended the approval of the bid received from Commerce Bank in the amount of $238,771.39 net interest cost for the Improvement Bonds Series A in the amount of $655,000.
Commissioner Shriver made a motion to approve Commerce Bank bid in the amount of $238,771.39 for the Improvement Bonds Series A in the amount of $655,000. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Commissioner Doll made a motion to go into Executive Session at 9:30 to 9:45 a.m. for consultation with an attorney for the body or agency, which would be deemed privileged
in the attorney-client relationship. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Present in executive session were County Administrator Will Johnson, Commissioner Doll, Shriver, Carpenter, and Legal Financial Attorney Winton Hinkle.
Commissioner Doll called the Commission meeting back to order at 9:45 a.m.
Commissioner Carpenter made a motion that in connection with certain tax matters relating to Butler County’s 1994, 1995 and 1996 Solid Waste Disposal Revenue Bonds, the Closing Agreement, including the Consent to Disclose Tax Information, by and between the Internal Revenue Service and Butler County be approved and that the Chairman, on behalf of the County, be authorized to execute the Closing Agreement and the Consent to Disclose Tax Information and deliver the same to Hinkle Elkouri Law Firm L.L.C., Wichita, Kansas with instructions to deliver the Closing Agreement and the Consent to Disclose Tax Information to the Internal Revenue Service upon receipt of confirmation by Hinkle Elkouri Law Firm L.L.C. that the conduit borrower has fulfilled its payment obligation and provided the necessary notice to redeem all outstanding 1994, 1995, 1996 Solid Waste Disposal Revenue Bonds on September 3, 2002, all as set forthin the Closing Agreement.
Commissioner Shriver seconded the motion. Motion carried 3-0.
Darryl C Lutz P.E., Director of Public Works presented a report on work related to preparing Santa Fe Lake Road as a detour route for the US-77 Highway project south of Augusta.
Mr. Lutz advised that KDOT has designed the sections of SW 210th St. west through Douglass to Santa Fe Lake Road as a detour route for the US-77 Highway project south of Augusta.
Mr. Lutz advised that KDOT has designed the sections of SW 210th St. west through Douglass to Santa Fe Lake Road and Santa Fe Lake between SW 210th St. and US-54 as a detour route during the construction of US-77 highway between Augusta and Douglass.
The US-77 project is scheduled for bid opening December 2002. Butler County has requested KDOT to delay their project bid opening until the Fall of 2003 to allow re-construction of the 5 miles of Santa Fe Lake Rd., KDOT has advised that they will not delay their project. They have offered to incorporate the surfacing work on Santa Fe Lake Rd. and on SW 210th St. into their construction project for US-77.
Mr. Lutz recommended that the Board of Commissioners consider the option of allowing KDOT to incorporate surfacing work for the US-77 detour route into the US-77 contract.
Commissioner Shriver made a motion to allow KDOT to include the surfacing work on Santa Fe Lake Rd. and SW 210th St. into their construction project for US-77. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Darryl C Lutz, P.E., Director of Public Works came before the Board of Commissioners to open traffic paint bids for Butler County.
Mr. Lutz advised that each year the Department of Public Works solicit bids for the purchase and delivery of traffic paint used for striping 365 miles of paved county roads.
Vendors wishing to bid were required to submit their bids by Tuesday, July 16, 2002.
The following bids were received:
1) Sherwin Williams
White Paint-$14,747.25 Yellow Paint $13,941.12 Total-$28,688.37
2) Ritch Paint-$19,387.50 White Paint $16,292.20
Beads $ 6,820.00 Total-$42,499.70
3) Flexo-Light Beads $ 5,082.00 Total-$ 5,082.00
4) Kansas Correctional Facility
Yellow-$17,952.96 White-$18,039.08 Total-$35,992.04
Commissioner Shriver made a motion to have Darryl Lutz, Director of Public Works
review the bids and come back to the Commission with his recommendations. Commissioner Doll seconded the motion. Motion carried 3-0.
Larry Powell, Director of Economic Development came before the Board of Commissioners to present the CDBG Loan Agreement #02-IN-002 in the amount of $99,340.00 and approve the signing of the Loan Contract with the State of Kansas; accept the Promissory Note and sign the Job Creation Agreement.
Mr. Powell advised the State of Kansas, has awarded to Butler County a CDBG Grant in the amount of $98,340.00. The funds are split into a forgivable grant of $49,170.00 based upon the hiring and retaining of 6 new employees by Prairie Rose with Butler County acting as the collection and pass through agent. All of these funds will be used to engineer and construct a road improvement to Parallel road. The County had agreed to assist Prairie Rose in the construction of the roadway by applying for these funds. The signing of the loan agreement with the state makes the county responsible for the collection and repayment of the funds to the State of Kansas.
Mr. Powell recommends the Board of Commissioners accepts the Loan Grant Agreement, Promissory Note and Job Creation Agreement prepared by the state and approves the signing by the Chairman. Mr. Powell advised the Commission that County Counsel Norman Manley had approved the agreement.
Commissioner Doll made a motion to approve the CDBG Loan Agreement, and allow the Chairman to sign. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning and Zoning came before the Board of Commission to present a lot split located at the NW corner of the intersection of Santa Fe Lake Road and SW 120th. The Carvers, owner of the property, want to split off a 5-acre lot at the corner of the property. This new lot is located on 120th, ¼ mile west of Santa Fe Lake Rd.
Mr. Kennemer advised that this request meets all the requirements for a lot split and the Planning Commission recommend approval of this request of a lot split with a 7-0 vote.
Commissioner Carpenter made a motion to approve Case No. PL-02-01 for a lot split located at the NW corner of the intersection of Santa Fe Lake Road and SW 120th, mile
West of Santa Fe Lake Rd, owned by The Carvers. Commissioner Shriver seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning and Zoning came before the Board of Commission to present a change of zoning classification from Agriculture-40 to Rural Residential, Case No. RZ-02-01/Resolution No. 02-31.
McCune’s own and reside on a 40-acre tract of land located approximately ¼ mile east of Indianola Rd. on NW 15th Street, approximately one mile NE of Benton. Mr. Kennemer advised that the Planning Commission recommend approval of this request for a change in zoning classification from Agriculture to Rural Residential, by a 7-0 vote.
Commissioner Doll made a motion to approve a change in zoning classification Case No. RZ-02-01/Resolution No. 02-31. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning and Zoning came before the Board of Commission to present a change of zoning classification from Agriculture-40 to Rural Residential, Case No. RZ-02-02/Resolution No. 02-32.
This 67-acre tract lies on the western edge of the county; it is bordered by the County Line Rd., on the north by the SW 120th St. and on the east by Blazing Meadows Rd.
Mr. Kennemer advised that the Planning Commission recommends approval of this request for a change in zoning classification from Agriculture Rural Residential by a 7-0 vote.
Commissioner Doll made a motion to approve Case No. RZ-02-02/Resolution No. 02-32 a change of zoning classification from Agriculture to Rural Residential. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning and Zoning came before the Board of Commission to present a change of zoning classification from agriculture to PRD-A, Case No. RZ-02-04/Resolution No. 02-33.
Greene Ranch Enterprise’s 40-acre tract of land is located at the SW corner of the intersection on NW 30th St. and HWY 77 just north of the City of El Dorado. Mr. Kennemer advised that the Planning Commission recommends approval of this request for a change in zoning classification from Agriculture to Rural Residential by a 7-0 vote.
Commissioner Carpenter made a motion to approve the change of zoning classification from Agriculture to PRD-A Case No. RZ-02-04/Resolution No. 02-33. Commissioner Shriver seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning and Zoning came before the Board of Commission to present a change of zoning classification from Agriculture to PRD-B, Case No. RZ-02-05/Resolution No. 02-34.
Koch’s 80-acre tract of land is located on the south side of SW 10th St. approximately ¼ mile west of the intersection of SW 10th St. and Butler Rd. about 1.5 mile NW of the City of Benton. Mr. Kennemer advises the Planning Commission recommend approval of this request for a change of zoning classification from Agriculture to PRD-B by a 6-1 vote.
Commissioner Carpenter made a motion to approve the change of zoning classification from Agriculture to PRD-B, Case No. RZ-02-05/Resolution No. 02-34. Commissioner Shriver seconded the motion. Motion carried 3-0.
Mr. Kennemer requested Items 12-16 to be tabled until a future date.
Todd Kennemer, Director of Planning and Zoning came before the Board of Commission to present a change of zoning classification from Agriculture to Rural Residential, Case No. RZ-02-08/Resolution No. 02-40.
Diamond’s own 40 acres located about ¼ mile SW of the City of Elbing. Mr. Kennemer advised the Planning Commission recommends approval of this request for a change of zoning and platting with a 7-0 vote.
Commissioner Shriver made a motion to approve the change of zoning from Agriculture to Residential, Case No. RZ-02-08/Resolution No. 02-40. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning and Zoning came before the Board of Commission to present the Final Plat for Brome Ridge Estates for approval, Case #PL-02-08.
Mr. Greg Diamond, owner, is requesting plat approval of this 40 acre, 3 lot, rural residential subdivision known as Brome Ridge Estates Addition. This property is located about ¼ mile SW of the City of Elbing. Mr. Kennemer advised the Planning Commission recommend approval of this request for plat approval for Brome Ridge Estates Addition with the following changes.
1. Mr. Diamond changes the 35’ ROW easement to 70’ Right-of-Way-Reserve
along the north edge of Lot 1.
2. Dedicate an additional 10’ ROW along Butler Rd. and adjust Building setback
Line so it remains 50’ from the property line.
3. Access to Lots 2 & 3 is to be limited to a “bump out” located at their common
Boundary.
4. Access to Lot 1 is to be limited to the north 70’ of the property (inside the
ROW-Reserve).
Mr. Harlan Foraker of Certified Engineering Design is making these last minute minor changes to the final plat. It should be ready by the meeting on July 23rd.
Commissioner carpenter made a motion to approve the Plat for Brome Ridge Estates, Case #PL-02-08. Commissioner Shriver seconded the motion. Motion carried 3-0.
Commissioner Shriver made a motion to go into executive session from 10:55 till 10:59 a.m. for a Grievance Review for a non-elected employee.
RECONVENE
Commissioner Doll called the Commission meeting back to order at 10:59 a.m.
Commissioner Shriver made a motion to adjourn at 11:00 a.m. Commissioner Carpenter seconded the motion. Motion carried 3-0.