BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, October 29, 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., Butler County Clerk, Ronald Roberts and Sherry Melugin.

FOOD SERVICE CONTRACT

Jail Administrator, Ben Crooks presented to the Board of Commissioners today a request for the approval of the ABL, Inc food service contract for the new jail. The two bids offered for consideration are : Baton Rouge, LA company, ABL, Inc. bid submitted at $1.09 per meal (150 meal minimum) and Wichita, Kansas company, CANTEEN submitted a cost of $1.21 per meal. Jail Administrator, Ben Crooks submitted contracts from both companies to County Counsel, Norm Manley for review. Commissioner Doll motioned to table the issue until Monday, November 5, 2002 pending approval from County Counsel, Norm Manley. Commissioner Shriver seconded. Motion carried 3-0.

FIRE DISTRICT #1 AGREEMENT WITH CITY OF ANDOVER

County Administrator, William Johnson Jr. presented to the Board of Commissioners a request for the approval of the agreement for the fire services effective January 01, 2003. Upon review of the agreement, motion was made by Commissioner Carpenter to allow Commission Chairman Doll to execute said document. Commissioner Shriver seconded the motion. Motion carried 3-0

RE-EVALUATION OF JUVENILE INTAKE AND ASSESSMENT SUPERVISOR (JIAS SUPERVISOR) JOB DESCRIPTION

Butler County Administrator, Will Johnson, Jr. presented to the Board of Commissioners recommended changes in the Juvenile Intake and Assessment Supervisor Job Description. Upon review of job description, motion was made by Commissioner Doll to accept upgrade of job level 11C to 14C. Commissioner Shriver seconded the motion. Commissioner Carpenter abstained. Motion carried 2-0.

ZONING CLASSISFICATION CHANGE

Todd Kennemer, Director of Planning and Development presented to the Board of Commissioners for approval, a zoning classification change from Agriculture to Commercial. Case No. RZ02-11/Resolution No. 02-67. Commissioner Shriver motioned to approve the zoning change from Agriculture to Commercial. Commissioner Carpenter seconded the motion. Motion carried 3-0.

CONDITIONAL USE PERMIT REQUEST

Todd Kennemer, Director of Planning and Development presented to the Board of Commissioners for approval, a request for a Conditional Use Permit for a retail greenhouse, garden and nursery to be located at 409 NW60th (18 acres). Case No. CU-02-14/Resolution No. 02-68. Commissioner Carpenter motioned to approve Conditional Use Permit issued for retail premises. Commissioner Shriver seconded the motion. Motion carried 3-0.

CONDITIONAL USE PERMIT REQUEST

Todd Kennemer, Director of Planning and Development presented to the Board of Commissioners for approval, a request for a Conditional Use Permit for a 300,000 gallon elevated water storage tower. Case No. CU-02-12/Resolution No. 02-69. Commissioner Carpenter motioned to approve Conditional Use Permit issued for the water storage tower. Commissioner Shriver seconded the motion. Motion carried 3-0.

HOMESTEAD LOT SPLIT WITH AGRICULTURE RESERVATION OVERLAY

Todd Kennemer, Director of Planning and Development presented to the Board of Commissioners for approval a request for the Homestead Lot Split with Agriculture Preservation Overlay (APO) to occur on 80 acres located 6170 SE 40^th, El Dorado, Kansas. Case No. PL-02-10/Resolution No. 02-70. Commissioner Carpenter motioned to approve the Homestead Lot Split with Agriculture Preservation Overlay. Commissioner Shriver seconded the motion. Motion carried 3-0.

CONDITIONAL USE PERMIT REQUEST

Todd Kennemer, Director of Planning and Development presented to the Board of Commissioners for approval, a request for a Conditional Use Permit to expand the quarry owned by Martin Marietta Materials, Inc., located at the NW ¼ and S ½ of the SE ¼, Section 6, Township 27 South, Range 4 East, Butler County, Kansas. Case No. CU-02-07/Resolution 02-72. Planning and Development Director, Todd Kennemer informed the Board that a valid Protest Petition has been filed and that it would require a unanimous vote to pass. Richard Carlisle, Managing Partner from the law offices of Freilich, Leitner & Carlisle addressed the Board on behalf of Martin Marietta Materials, Inc. Commissioner Doll inquired as to the “vibrations” the residence may experience from the blasting. It was discussed at length that the vibration would be no more than what you would experience when someone walks across the floor. Terry Miser, Senior Explosive Engineer for Martin Marietta and Lalit Bhatnagar, Area Manager addressed the blasting procedures they abide with. The State guideline limits for blasting are 1” per each second; Federal guideline limits for blasting are 2” per each second and their personal company guidelines are ½” per each second which is monitored closely and if blasting exceeds their policy of ½” per second, modifications are made at that time. Mr. Miser also assured the Board that the permanent records are available upon request.

Commissioner Doll addressed the concern of the occupants of the surrounding residences regarding “accidental” happenings. Richard Carlisle stated that they do have complaint procedures and a good neighbor policy in effect.

Richard Waltman, 6733 SW Diamond Road, Augusta, Kansas came to the Board of Commissioners with his concerns of the rock quarry expansion. His concerns regarded the health issue of dust in the area, “flying” debris from the blasting and the traffic on the dirt road. Mr. Waltman feels that the value of his property will be decreased immensely because of this expansion.

Blake Orr, 6455 SW Diamond Road, Augusta, Kansas came to the Board of Commissioners to voice his concerns of the expansion of the quarry with regard to the safety of the residential occupants from “flying” debris.

Commissioner Doll asked Richard Carlise to address these issues. Mr. Carlisle stated that they will have the Plant Manager, Mike Jantz on site to receive complaints and respond to them in a timely fashion. Commissioner Carpenter requested to have this “timely response” and “timely cure” set in record. Richard Carlisle agreed to have an initial response time of 30 days and date of cure within 6 months time.

Commissioner Carpenter motioned to approve CU-02-07, Resolution 02-72 Conditional Use Permit to expand the quarry with the amendments made by Todd Kennerman in the final CUP. Commissioner Shriver seconded the motion. Motion carried 3-0.

RECESS

Commissioner Doll called a 5 minute recess at 10:22 a.m.

RECONVENE

Chairman Doll called the Commission meeting back to order at 10:29 a.m.

WALNUT RIVER BRIDGE PROJECT (SW 100^TH ST)

Darryl C. Lutz, P.E., Director of Public Works presented before the Board of Commissioners a request for approval of the contract with Dondlinger & Sons Construction Company for the Walnut River bridge project near Augusta.

Commissioner Shriver motioned to approve execution of the Contract Agreement in the amount of $397,326.95. Commissioner Carpenter seconded the motion. Motion carried 3-0.

PROPOSALS FOR BRIDGE WORK

Darryl C. Lutz, P.E., Director of Public Works presented before the Board of Commissioners a request for receipt of proposals from engineering consulting firms for NBIS bridge inspection work. Darryl C. Lutz, P.E., Director of Public Works will review proposal information and bring his recommendation before the Board of Commissioners.

Proposals received:

FINNEY & TURNIP SEED 34,300.00

KIRK & MICHAEL 39,243.88

MID KANSAS 17,912.15 (+41.46 per diem per bridge)

Commissioner Doll motioned to receive the proposals and send them to Darryl C. Lutz, P.E., Director of Public Works for review and recommendation. Commissioner Carpenter seconded the motion. Motion carried 3-0.

ROAD IMPROVEMENT AGREEMENT

Darryl C. Lutz, P.E., Director of Public Works presented before the Board of Commissioners a request for consideration of an agreement with the City of Rose Hill for sharing the costs of improving SW 170^th St. Road. Commissioner Carpenter motioned to approve execution of the Agreement with the City of Rose Hill. Commissioner Shriver seconded the motion. Motion carried 3-0.

OIL HILL ROAD RIGHT-OF-WAY DEDICATION

Darryl C. Lutz, P.E., Director of Public Works presented before the Board of Commissioners a request for consideration of dedicating right-of-way to the City of El Dorado at the County Highway Shop for proposed improvements to Oil Hill Road. Commissioner Carpenter motioned to approve Right-Of-Way Easement. Commissioner Shriver seconded the motion. Motion carried 3-0.

OTHER BUSINESS

Darryl C. Lutz, P.E., Director of Public Works presented before the Board of Commissioners a request to review snow plow bids. Bids have been received from the following:

WILBUR SALES $8,737.00

DC WHOLESALE $8,526.96

Darryl Lutz will review and present his recommendation before the Board of Commissioners during the meeting next week. Commissioner Doll motioned to approve receipt of bids. Commissioner Carpenter seconded the motion. Motion carried 3-0.

MAIL IN TAX PAYMENTS

Neal Parrish, Butler County Treasurer presented before the Board of Commissioners a request for consideration of discontinuing the practice of mailing payment receipts to tax payers paying by mail. The wording on 2002 statements will reflect the following changes: taxpayers cancelled check will serve as receipt of payment; payments made in person to the courthouse will receive a receipt of payment at that time.

Commissioners Doll, Carpenter and Shriver agreed that this change would be cost effective. No motion is necessary.

RECESS

Commissioner Doll called a recess to begin Public Building Commission Meeting at 10:55 a.m.

RECONVENE

Chairman Doll called the Commission meeting back to order at 12:22 p.m.

OTHER BUSINESS

Darryl C. Lutz, P.E., Director of Public Works came to the Board of Commissioners to present correspondence drafted to KDOT regarding the landfill/contamination issues and notification procedures. Mr. Lutz will discuss this in further detail at next weeks meeting.

Butler County Administrator, Will Johnson, Jr., came to the Board of Commissioners with the final draft of the Butler County Fire District #7 Lease Purchase Agreement with Koch Financial Corporation from 10/28/02 meeting. Commissioner Carpenter motioned to approve the agreement for the amount of $154,534.00, under the terms contained therein. Commissioner Shriver seconded the motion. Motion carried 3-0.

ADJOURNMENT

Chairman Doll made a motion to adjourn at 12:29 p.m. Commissioner Shriver seconded the motion. Motion carried 3-0.