Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 9:00 a.m. 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 approve the Minutes of the Butler County Commission Meetings of Monday, April 14, 2003 and Tuesday, April 15, 2003 as amended. Commissioner Wheeler seconded the motion. Motion carried 5-0.

Butler County Director of Finance, Don Engels came before the Board of Commissioners to present the vouchers, in the amount of $188,964.96, for April 21, 2003. Commissioner Carpenter motioned to approve the vouchers in the amount of $188,964.96. Commissioner Anderson seconded the motion. Motion carried 5-0.

Commissioner Doll motioned to approve Adds and Abates #2142. #2142 Adds are in the amount of $77.86 and Abates are in the amount of $5,691.38. Commissioner Anderson seconded the motion. Motion carried 5-0. Commissioner Doll motioned to approve the Adds and Abates #2143. Adds are in the amount $4,463.24 and Abates are in the amount of $4,220.72. Commissioner Wheeler seconded the motion. Motion carried 5-0.

Health Department Director, Carol Borger, came before the Board for approval of the Trading Partner Agreement with "ASK", as required by HIPAA (Health Insurance Portability and Accountability Act). This agreement will allow EMS to bill Medicare, Medicaid, BC/BS and First Guard for services.

Commissioner Anderson motioned to approve the Trading Partner Agreement with "ASK", as required by HIPAA and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.

Public Works Director, Darryl Lutz, came before the Board for authorization to solicit bids for a new work site all-terrain utility vehicle and a used work site all-terrain utility vehicle, for the landfill. The vehicles will be paid for by the Landfill Capital Fund.

Commissioner Anderson motioned to allow Mr. Lutz to solicit bids for a new work site all-terrain utility vehicle for the landfill and to solicit an alternate bid for one new or used work site all-terrain utility vehicle. Commissioner Wheeler seconded the motion. Motion carried 5-0.

Mr. Lutz also asked to fill two upcoming vacancies in his department. It was the consensus of the Board to authorize Mr. Lutz to fill the two upcoming vacancies in Public Works.

Commissioner Carpenter called a 5-minute recess of the Board at 9:48 AM.

Commissioner Carpenter reconvened the meeting of the Board at 9:53 AM.

County Counsel, Norm Manley, came before the Board to request the Board adjourn to Executive Session to discuss legal matters concerning the pending wind farm litigation.

Commissioner Doll motioned to call the Board into Executive Session for one hour, at 10:20 AM, to discuss legal matters of the pending wind farm litigation. Commissioner Anderson seconded the motion. Motion carried 5-0. Those in attendance were Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler, Administrator Johnson, County Counsel, Norm Manley and Planning and Zoning Director, Todd Kennemer.

Commissioner reconvened the Board at 11:20 AM.

Commissioner Carpenter motioned to extend the Executive Session for 30 minutes at 11:20 AM, to further discuss the pending wind farm litigation. Commissioner Anderson seconded the motion. Motion carried 5-0. Those in attendance were Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler, Administrator Johnson, County Counsel, Norm Manley and Planning and Zoning Director, Todd Kennemer.

Commissioner Carpenter reconvened the meeting of the Board at 11:50 AM.

Administrator Johnson came before the Board to present spreadsheets and graphs to show the estimated current shortfalls in the jail cash balance and estimated future financial status. Mr. Johnson stated that funding from Fund 85 could be used until the financial status is within the proposed budget.

Jail Administrator, Ben Crooks, came before the Board to state that Sheriff Cox is contacting Sedgwick County to negotiate a fee for housing their inmates. The US Marshall and INS contract is still in process and should be finalized within one to two weeks.

It is the consensus of the Board to transfer Fund 85 monies to cover the cash shortages in the Jail Fund 52 and refund back to Fund 85, from the Jail Fund 52, as funds are available.

Administrator Johnson came before the Board to inform them that request for bids is again going out for the Fire District #3 building. The new bids are due May 20, 2003

Mr. Johnson stated that they should be ready to break ground by July 1, 2003.

Administrator Johnson reminded the Board of the bowling session on Saturday, April 26, 2003 at 2 PM and the RSVP dinner, at Prairie Rose, following bowling.

Administrator Johnson provided members of the Board with copies of a letter from FSLA. A brief discussion followed.

Mr. Johnson informed the Board that he would be at a meeting of the Kansas Association of City and County Managers, in Lawrence, April 23rd to April 25, 2003.

Commissioner Doll informed the Board that he has received a fax, from Attorney Dave Crockett, stating that all Executive Session meetings must have an attorney present if legal matters are discussed. An information sheet, given to all Commissioners from County Attorney, Jan Satterfield, and State Attorney General, Phill Kline confirmed this fax.

Commissioner Doll informed the Board that he would be having dinner with Andover’s new Mayor, Ben Lawrence, this evening, April 21, 2003.

Commissioner Anderson reported that the Tribute to the Troops, in Rose Hill, was a very nice ceremony. One of the speakers was Gracia Burnham.

Commissioner Carpenter stated that he is now on the Economic Development Board for REAP, at the request of Commissioner Tom Winters of Sedgwick County.

Commissioner Carpenter stated that he thought it would be a good idea to have an annual dinner and invite all the Mayors and City Councils/Commissioners of Butler County. The members of the Board were in agreement. Mr. Johnson said he would check into that possibility.

Commissioner Anderson motioned to adjourn the meeting of the Board on April 21, 2003 at 12:40 PM. Commissioner Wheeler seconded the motion. Motion carried 5-0.