Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 9:08 a.m. (Late start due to vote canvassing of 4/1/03 election by Commissioners Carpenter, Anderson and Wheeler). Present were Commissioner Phil Anderson, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Clerk Brenda Brychta.

Commissioner Shriver motioned to table approval of the Minutes of the Butler County Commission Meetings of Monday, March 31, 2003 and Tuesday, April 1, 2003 as amended. Commissioner Doll seconded the motion. Motion carried 5-0.

Butler County Financial Officer, Don Engels, came to the Board of Commissioners to present the vouchers for April 7, 2003 in the amount of $269,004.66. Commissioner Shriver motioned to approve the vouchers in the amount of $269,004.66. Commissioner Doll seconded the motion. Motion carried 5-0.

Commissioner Doll motioned to approve Ads and Abates #2141. Ads in the amount of $7,371.38 and Abates in the amount of $6,505.32. Commissioner Anderson seconded the motion. Motion carried 5-0.

County Jail Administrator, Ben Crooks, came before the Board to confirm that there will be a written agreement, from the US Marshall, to house inmates. This should be here in one week. Mr. Crooks will try to get a verbal agreement, with the US Marshall, this week so they can begin transferring inmates to the new jail. The US Marshall has 20 inmates to transfer in the beginning. Mr. Crooks stated that the INS is on line with the US Marshall but did not quote number of inmates to transfer.

Mr. Crooks stated that the US Marshall’s office did an inspection of the new jail on Friday, April 4, 2003 and found no inefficiencies.

The US Marshall also asked about Butler County contracting to transport inmates. This discussion was postponed until the contract, with the US Marshall, is signed and inmates are in place in Butler County jail. Mr. Crooks was not in favor of a contract because it is not cost effective.

Dennis Lebbin came before the Board to discuss placement of fire hydrants in Rural Water Districts #5 at the intersection of 47^th Street South and SW Tawakoni Road. Mr. Lebbin presented a detailed report on the need for a fire hydrant, rather than the flush hydrant, at this location and a petition from the residents in this area.

Administrator Johnson stated that Butler County Commissioners have no jurisdiction in the Rural Water District’s activities.

Ray Connell, attorney for Connell & Connell and legal representative for the Rural Water Districts in Butler County, came before the Board to refer to a letter from Rex Stephens, Fire Chief of Fire District #7, to Mr. Chuck Jones, Chairman, RWD #5, which states that Fire District #7 doesn’t see the need to replace this flush hydrant with a fire hydrant at that location. Mr. Connell stated that this is also the opinion of Connell & Connell Law Firm.

Commissioner Carpenter asked Mr. Connell to keep the Board informed of the results of an engineering study of this area.

County Appraiser, Clark Allemang and Assistant County Appraiser, Kathy Briney, came before the Board to ask for authorization to fill the position of Data Collector, a budgeted vacancy caused by the resignation of an employee. The vacancy has not been filled due to the hiring freeze. Mr. Allemang stated that the increasing work load warrants the filling of this position and is in the 2003 budget.

Commissioner Carpenter motioned to authorize the filling of a budgeted vacancy, Data Collector in the Appraisers Office. Commissioner Anderson seconded the motion. Motion carried 5-0.

Commissioner Carpenter called a 5-minute recess of the Board at 10:15 AM.

Commissioner Carpenter reconvened the meeting of the Board at 10:20 AM.

Jim Stoltz, Kansas Gas Service, came before the Board to follow up on easement acquisition on a railroad right-of-way near Andover. Mr. Stoltz will fund the survey for the railroad 20-foot permanent easement and pay $5,000 to purchase the easement. Mr. Stoltz will provide Darryl Lutz, County Engineer, with survey results. All survey expense, recording and research fees will be paid by Kansas Gas Service.

It was the consensus of the Board to agree to the $5,000 purchase price of the 20-foot easement acquisition of the railroad right-of-way near Andover, by Kansas Gas Service,

pending the survey results and subject to review by legal counsel, Norm Manley.

County Treasurer, Neal Parrish, came before the Board to discuss the replacement of signage at Butler County West Facility. Mr. Parrish stated that the current sign at Butler West has faded out and hard for customers to see. Mr. Parrish said that Kerry Unrein would do the new sign.

Commissioner Doll motioned to authorize a new, larger sign to be attached to the Butler West building in Augusta. Commissioner Wheeler seconded the motion. Motion carried 5-0.

County Treasurer, Neal Parrish, came before the Board to discuss electronic collection of tax payments. After contacting several electronic collection service companies and other cities and county treasurers and the State of Kansas, Mr. Parrish recommends the use of Official Payments Corporation. This will be at no expense to the County.

It was the consensus of the Board to authorize Mr. Parrish to proceed with the electronic collection of taxes. Mr. Parrish will sign a contract for this process.

Mr. Parrish also stated that he will need to fill a vacancy coming up May 15, 2003. He would like to hire someone two weeks prior to the vacancy, for training purposes.

Mr. Parrish and Mr. Johnson will review what effect this will have on the Treasurer’s 2003 budget. They will report back on 4/8/03

Economic Development Director, Larry Powell, came before the Board to present his monthly activity report. This report shows meetings by the Economic Development employees with existing businesses and/or the owners in March/April, 2003. There also were calls and activities listed to new businesses contacted in 2003.

Mr. Powell stated he has an estimate, from Mid-Continental, for Courthouse repairs. This bid of $72,000 does not include roof replacement or repair. Mr. Powell asked that the project be considered for next years capital improvement plan.

Economic Development Director, Larry Powell, came before the Board to ask for appointment of BCED Board members. The new appointees term of office shall start on January 1, 2003.

District #1 – Commissioner Doll motioned to approve Gary Fugit (term ending 2003) and Dr. Patrick Terry (term ending 2006). Commissioner Shriver seconded the motion. Motion carried 5-0.

District #2 – Commissioner Shriver motioned to approve Aaron Wells (term ending 2005) and Jim Bunck (term ending 2004). Commissioner Doll seconded the motion. Motion carried 5-0.

District #3 – Commissioner Carpenter motioned to approve Bruce Harris (term ending 2004) Commissioner Anderson seconded the motion. Motion carried 5-0. One vacancy remains in this district.

District #4 – Commissioner Wheeler motioned to approve Ed Gard (term ending 2004) and Marce Brewer (term ending 2004). Commissioner Shriver seconded the motion. Motion carrier 5-0.

District #5 – Commissioner Anderson motioned to approve Dan Woydziak (term ending 2003) and Theresa D. Taylor (term ending 2006). Commissioner Shriver seconded the motion. Motion carried 5-0.

Economic Development Director, Larry Powell, came before the Board to present a listing of the Railroad Leases and the proposed lease values for the leased property.

Mr. Powell stated that McClures have an annual lease payment of $2,000 and it is past due. Powell is to send a 30 day notice to pay to McClures for the $2,000 due for 2002 and $2,000 due for 2003. A review of the lease amount will be reviewed in 2004.

Mr. Powell stated that Schneider Brothers Grain of Augusta, have a lease for $1,000 annually and are also past due. They are interested in purchasing this property. Mr. Powell will also send a 30 day notice to pay to Schneiders for 2002 and 2003. The value of the property is to be determined by the County Appraiser.

MI T Electric owner, Mr. Mike Rawlings of Augusta, has no lease but is encroaching on the north side, which he subleases. Mr. Powell stated that Mr. Rawlings would like to purchase this lot, after establishing the value by a commercial appraisal.

Jayhawk Pipeline, in Augusta, cancelled their lease in 2002.

Rose Hill Bank, in Augusta, may have an encroachment behind the bank used for employees parking.

A survey of this property needs to be done to verify this. There is also some room, behind the bank, to lease or sell to the bank

Jarvis Auto Parts, in Augusta, is currently using or accessing the area South of the Rose Hill Bank building. We could lease this area to them on a long term basis.

Larry Leatherman had a lease with BNSF, in Andover; however, he failed to pay the last 5 years of lease payments. His lease with the County is $1,500.00 annually, which was not paid in 2002 or 2003. Mr. Leatherman has subleased the buildings. One such person, Glen’s Specialized Auto Service would like to purchase the property that his storage building sets on. Mr. Powell to send a certified letter stating that if 2002 and 2003 lease payments are not made in 30 days, the county will consider the buildings belong to the county.

D. L. Williams Wood Products had a lease, in Andover, but cancelled in 2002.

Lease amounts and appraisals will be determined on leased properties so that disposition of the properties can begin.

Wayne Walker, of Zilkha, came before the Board with a presentation on Zilkha Renewable Energy Update. Mr. Walker reviewed the progress of windfarm construction in California, Oklahoma, Iowa and Pennsylvania. Mr. Walker stated they were working with the wildlife community to address concerns in the Flint Hills and other ecologically sensitive areas in the state. Zilkha is still working with and looking for purchasers of the energy generated from the windfarm and that the time line in Butler County/Eastern Kansas is longer than expected.

Commissioner Doll motioned to recess for a 30 minute Executive Session, at 12:45 PM,

to discuss the one year performance review of Administrator Johnson. Commissioner Carpenter seconded the motion. Those in attendance were Commissioners Anderson, Doll, Carpenter, Shriver, Wheeler and Administrator Johnson.

Commissioner Carpenter motioned to extend the Executive Session by 20 minutes with Will Johnson not in attendance. Commissioner Anderson seconded the motion. Motion carried 5-0.

Commissioner Carpenter reconvened the Board meeting at 1:40 PM.

Administrator Johnson reminded the Board to notify him if they plan to attend the Department of Aging dinner, to let him know today.

Commissioner Shriver motioned to adjourn the Board meeting of April 7, 2003 at 1:45 PM. Commissioner Wheeler seconded the motion. Motion carried 5-0.