BUTLER
COUNTY BOARD OF COMMISSIONERS
Tuesday, July 30, 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 Rene Bender County Clerk Deputy.
Commissioner Shriver made a motion to approve Abates in the amount of $58,558.84, approval # 2117. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Fire Chief Tim McFadden discussed cost history and proposed budget numbers with the Commissioners.
BEAUMONT BILLBOARD
SIGN
Will Johnson Jr., County Administrator presented to the Commission for approval Resolution #02-39 allowing placement of a billboard sign outside of Beaumont as required by the Kansas Department of Transportation (KDOT).
Commissioner Shriver made a motion to approve Resolution #02-39 allowing the placement of a billboard sign outside Beaumont. Commissioner Carpenter seconded the
motion. Motion carried 3-0.
Carol A Borger, Administrator of the Butler County Health Department came before the Commission for approval of a contract in the amount of $7,027.00 for one year for a billboard.
Ms. Borger advised the Commission that the Health Department receives a grant from the Kansas Department of Health and Environment for youth tobacco use prevention This billboard would be used for counter-marketing to influence support for tobacco control interventions. This is part of the requirement for the Tobacco Prevention grant that Butler County receives.
Ms. Borger recommends that the Commission approve the contract and allow the Chairman to sign.
Commissioner Shriver made a motion to approve the contract in the amount of $7,027.00
for the one-year lease of a billboard used for tobacco control advertisement. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Carol Borger, Administrator of the Butler County Health Department came before the Commission for approval of a grant contract for $74,152.00 for Bioterrorism Preparedness and Response and review the Health Alert Network Pager Use Agreement and allow the Administrator of the Butler County Health Department to sign.
Commissioner Carpenter made a motion to approve the grant contract in the amount of $74,152.00 for Bioterrorism Preparedness and Response, and allow the Administrator of the Butler County Health Department to sign. Commissioner Shriver seconded the motion. Motion carried 3-0.
Jim Schmidt and Kathy Guy, Emergency Management, came before the Commission to present an updated hazard analysis. This analysis was done in conjunction with 5 other counties and funded through federal grant monies as a regional project. The purpose of the Hazard Analysis is to identify potential hazards facing our county.
Ms. Guy advised the Commission that there are no financial considerations associated with these documents, the only action needed is for the Chairman to sign.
Commissioner Carpenter made a motion to allow the Chairman to sign the Hazard Analysis for Butler County. Commissioner Shriver seconded the motion. Motion carried 3-0.
Jim Schmidt, Director of Emergency Management came before the Commission to present a cooperative agreement that verifies that Butler County has and will continue to maintain its emergency management program to meet state requirements.
Mr. Schmidt recommends approval of the agreement and allowing the Chairman to sign.
Commissioner Shriver made a motion to approve the cooperative agreement to maintain Butler County’s emergency management program, 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 Commission for approval of a proclamation for the Beaumont Hotel to hold Blazin BBQ.
Mr. Kennemer advised that the Beaumont Hotel is sponsoring the “Beaumont Blazin’
BBQ “Championship as a non-profit, city wide festival (special event) to attract attention to Beaumont. Proceeds are to help fund other city wide festivals and organizations such a ”Beaumont Days” and Friends of the Water Tower”.
Commissioner Doll made a motion to approve a proclamation for the special event, “Beaumont Blazin’ BBQ”. Commissioner Shriver seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning and Zoning came before the Commission for approval of a Homestead Lot Split with Agriculture Preservation Overlay, Resolution #02-35.
Mr. Kennemer advised the Commission that the Becker’s own & farm approximately 470 acres that has a house on it. They want to split off a 1.5-acre lot containing the house, and continue farming the rest of the ground Mr. Kennemer advised the Planning Commission recommend approval of this request for a Homestead Lot Split with a 7-0 vote.
Commissioner Doll made a motion to approve Resolution #02-35. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning and Zoning came before the Commission for approval of a final plat, Case No. PL-02-07.
Mr. Kennemer advised the Commission that this property is located at the SE Corner of 60th & Bluestem Rd. In May 2000, application was made to rezone the entire 40 acres to RR and then split off a 10-acre lot on the corner (Case No. RZ-00-13). The Planning Commission denied this request but the Board of Commissioners overrode the denial and granted rezoning. In July 2000, the 40 acres was split into two lots, 10 acre & 30 acre (Case No. PL-00-13). Mr. Bowen, agent, and Mr. Phillips, owner, are now applying to plat the 30 acre lot into 3 lots.
· The land is already zoned Rural Residential
· The plat meets all the requirements of the Butler County codes.
· No additional ROW is needed. This was addressed when the lot was split.
· Engineering has approved the use of a “bump out” for shared access from Bluestem Rd. for Lots No. 1 & 2.
· Lot No. 3 will access from the existing entry on 60th St.
Mr. Kennemer advised the plat meets the zoning & subdivision requirements for approval, and that the Planning Commission recommended approval of this plat of the Phillips Subdivision.
Commissioner Doll made a motion to approve this request for final plat of the Phillips Subdivision. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Mr. Kennemer advised that Ms. Sommers owns this 57-acre tract of land that has a house on it. She wants to split off a 5-acre lot containing the house and outbuildings, and continue to farm the remainder of the lot. Under new regulations this is allowed under Section 3-302, Homestead Lot Split with Agriculture Preservation Overlay (APO).
Mr. Kennemer advises that the Planning Commission recommended approval of this request for a Homestead Lot Split with 52acre APO, with a 7-0 vote.
Commissioner Carpenter made a motion to approve Resolution #02-37. Commissioner Shriver seconded the motion. Motion carried 3-0.
Todd Kennemer, Director of Planning & Development presented for approval final plat for Begley-Bach, Case No. PL-02-06.
Mr. Kennemer advised this 80 acre tract of land lies on the south side of SW 150th street between Santa Fe Lake Rd & Diamond Rd. SW 150th is a paved road with 70 foot of right-of-way on the south side of the section line. Additional right-of –way is not needed for plat approval. The entire 80 acres is zoned AG-40 and is to be split into two 40-acre lots. No change of zoning is necessary.
Mr. Kennemer advised that the Planning Commission recommend approval of this plat and to accept the right-of-way-reserve platted.
Commissioner Carpenter made a motion to table the issue. Commissioner Shriver seconded the motion. Motion carried 3-0.
Chairman Randy Doll called a recess at 10:20 a.m. from the Board of Commissioners meeting.
Chairman Doll called the Board of Commissioners meeting back to order at 10:30 a.m.
Darryl Lutz, Director of Public Works, came before the Commission to present a change
in proposed flare equipment for the landfill gas management project.
Mr. Lutz advised that Butler County is presently under contract with Earth Solutions, Inc. to install methane gas wells and a flare system for the Butler County landfill. The contractor proposed in his bid a flare system that meets the minimum specifications but is not recommended by the Project Engineer. The project engineer, Burns & McDonnell, is proposing to the contractor to purchase a different flare that will be considerably more serviceable and maintenance free than the flare proposed. The flare recommended by the project engineer costs approximately $7,000 more than the flare proposed, but operates at a much lower speed, is much quieter and is heavier built. Burns & McDowell believe the increased capital cost will be offset by lower maintenance cost and less down time.
Mr. Lutz advised the project was bid at $276,000 and the budget was for $300,000, but the long term savings in maintenance cost will justify the additional $7,000 capital cost.
Commissioner Carpenter made a motion to allow Mr. Lutz to prepare a change order for later approval. Commissioner Shriver seconded the motion. Motion carried 3-0.
Darryl Lutz, P.E., Director of Public Works came before the Commission for approval of the purchase of traffic paint materials for the Department of Public Works.
Mr. Lutz advised that each year, the Department of Public works solicits bids for the purchase and delivery of traffic paint used for stripping 365 miles of paved county roads.
Bids were opened and read by the Board of Commissioners on Tuesday, July 23, 2002.
Mr. Lutz recommended approval of Sherwin Williams bid for paint and Flex-O-Lite, as they provided the lowest bid at $28,688.37 for yellow and white traffic paint and reflective beads in the amount of $5,082.00.
Commissioner Shriver made a motion to approve the purchase of yellow and white traffic paint from Sherwin Williams in the amount of $28,688.37 and the purchase of reflective beads from Flex-O-Lite in the amount of $5,082.00. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Darryl Lutz, Director of Public Works, presented three proposals for financial advisor services related to the proposed paving improvements for Nusz First Addition.
Mr. Lutz advised that he received three proposals for paving improvements for the Nusz First Addition.
· Gold Capital Management
· Cooper Malone McClain, Inc.
· George K Baum & Company
Mr. Lutz advised that a benefit district would pay for 100% of the cost. Mr. Lutz recommended that the Board of Commissioners approve the selection of a financial advisor for the proposed scope of work and fee.
Commissioner Shriver made a motion to table this item and requested Mr. Lutz to get additional information. Commissioner Carpenter seconded the motion. Motion carried 3-0.
Darryl Lutz returned with the information requested by the Commissioners.
Commissioner Carpenter made a motion to re-table this item. Commissioner Shriver seconded the motion. Motion carried 3-0
Norman Manley, County Counsel and Neal Parrish, County Treasurer, discussed the work and cost associated with taking properties to a tax foreclosure sale. The concern was that frequently the costs are not recovered by the sale of the property. Minimum costs to sell a property was estimated at $150.00
Commissioner Doll made a motion to set a threshold of $50.00 per year tax on real estate, total of $150.00 before going to tax sale. Commissioner Shriver seconded the motion. Motion carried 3-0.
Commissioner Doll made a motion to go into Executive Session from 11:00 a.m. to 11:15 a.m., for attorney client privilege issues. Commissioner Shriver seconded the motion. Motion carried 3-0.
Chairman Doll called the Board of Commissioners meeting back to order at 11:15 a.m.
Commissioner Doll made a motion to adjourn at 11:40 a.m. Commissioner Carpenter seconded the motion. Motion carried 3-0