BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, January 14, 2003

Commission Chairman Carpenter called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Phil Anderson, Commissioner Will Carpenter, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, County Administrator Will Johnson Jr., and Clerk Brenda Brychta

ITEMS OF BUSINESS

ITEM #1 – EMERGENCY SHELTER GRANTS

Marion Nichols with MIDKAP came before the Board of Commissioners to discuss the Emergency Shelter Grants increase from $7,000 to $9,500 due the increase in requests for assistance. Ms. Nichols reported that the new grant would run concurrently with the grant now in place. The current grant runs from September 1, 2002 through August 31, 2002 and the new grant will run April 1, 2003 through March 31, 2004.

Commissioner Doll motioned to approve the application for the new Emergency Shelter Grant in the amount of $9,500. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM #2 – THRESHOLD FOR CAPITALIZED ASSETS

Butler County Clerk, Ron Roberts came before the Board of Commissioners for discussion and approval to set the threshold for capitalizing assets at $2500.

Commissioner Carpenter suggested that the capital asset threshold stay at $500, but to have County Financial Officer, Don Engels, extract an inventory of assets valued at $2500 or greater, for the report to the County auditors.

Commissioner Shriver motioned to keep the threshold for capitalizing assets at $500 and to extract a list from this inventory of any capital assets valued at $2500 or greater, for the report to the County auditors. Commissioner Doll seconded the motion.

Motion carried 5-0.

ITEM #3 – OPEN BIDS FOR GENERAL OBLIGATION BONDS TO FINANCE PAUL’S VALLEY THIRD ADDITION PAVING IMPROVEMENTS AND APPROVAL OF RESOLUTION 03-03 AUTHORIZING & PROVIDING FOR ISSUANCE OF THE COUNTY’S GENERAL OBLIGATION INTERNAL IMPROVEMENT BONDS, SERIES A, 2003, IN THE TOTAL PRINCIPAL AMOUNT OF $405,540, FOR THE PURPOSE OF FINANCING THE OTHERWISE UNPAID COSTS OF MULTIPLE CAPITAL IMPROVEMENTS IN THE COUNTY; AND PRESCRIBING THE TERMS AND DETAILS OF THE BONDS.

Mr. Jerry Rayl, of J. O. Davidson Securities came to the Board of Commissioners to open bids for general obligation bonds in the amount of $405,540 and to authorize the issuance of bonds to finance Paul’s Valley Third Addition paving improvements.

One bid was received from Gold Capital Management that would run until January 1, 2018 at an average rate of 4.19012%.

Commissioner Doll motioned to approve the bid by Gold Capital Management in the amount of $405,540. Commissioner Shriver seconded the motion. Motion carried 5-0

Commissioner Doll motioned to approve Resolution 03-03 authorizing and providing for the issuance of the County’s General Obligation Internal Improvement Bonds, Series A, 2003, in the total principal amount of $405,540, for the purpose of financing the otherwise unpaid costs of multiple capital improvements in Butler County; and prescribing the terms and details of the Bonds. Commissioner Shriver seconded the motion. Polling of the Commissioners results:

Commissioner Anderson - Aye

Commissioner Carpenter - Aye

Commissioner Doll – Aye

Commissioner Shriver – Aye

Commissioner Wheeler - Aye

Motion carried 5-0.

ITEM #4 – CONSIDER APPROVAL OF A CONTRACT WITH BOB BERGKAMP CONSTRUCTION CO., INC. FOR CONSTRUCTION OF THE PARALLEL ROAD IMPROVEMENT PROJECT.

Director of Public Works, Darryl Lutz came to the Board of Commissioners for approval of the contract with Bob Bergkamp Construction Co., Inc of Wichita, Ks. for construction and surfacing of the Parallel Road improvement project beginning at Butler Road and extending approximately ¾ mile east.

Commissioner Shriver motioned to approve the contract with Bob Bergkamp Construction Co. Inc. for construction of the Parallel Road improvement project. Commissioner Wheeler seconded the motion. Motion carried 5-0.

OTHER ITEMS

RESOLUTION 03-05 EXPANSION OF THE NUMBER OF MEMBERS OF BUTLER COUNTY PLANNING COMMISSION

Administrator Johnson came to the Board of Commissioner seeking approval of Resolution 03-05 which increases the number of County Planning Commission Board members from 9 to10 members.

Commissioner Doll motioned to approve Resolution 03-05 increasing the number of Board Members from 9 to 10 members. Commissioner Shriver seconded the motion. Polling of Commissioners:

Commissioner Anderson – Aye

Commissioner Carpenter – Aye

Commissioner Doll – Aye

Commissioner Shriver – Aye

Commissioner Wheeler – Aye

Motion carried 5-0.

RESOLUTION 03-06 AMENDING THE STRUCTURE OF THE BUTLER COUNTY ECONOMIC DEVELOPMENT BOARD.

Administrator Johnson came to Board of Commissioner seeking approval of Resolution 03-06 amending the structure of the Butler County Economic Development Board, which increases the number of Board members from 9 to 10 members.

Commissioner Anderson motioned to approve Resolution 03-06 amending the structure of the Butler County Economic Development Board. Commissioner Doll seconded the motion. Polling of Commissioners:

Commissioner Anderson – Aye Commissioner Carpenter – Aye

Commissioner Doll – Aye

Commissioner Shriver – Aye

Commissioner Wheeler – Aye

Motion carried 5-0.

APPOINTMENT TO PLANNING AND ZONING BOARD

Commissioner Shriver motioned to appoint Mark W. Sudduth of 405 Country Hills Court in Augusta, Ks. to the Planning and Zoning Board. Commissioner Doll seconded the motion. Motion carried 5-0.

ORIENTATION AND KAC MEETING FOR NEW BUTLER COUNTY COMMISSIONERS

Administrator Johnson presented the Board of Commissioners orientation schedules for the new County Commissioners, Phil Anderson and Mike Wheeler and for any Commissioners whom may be interested.

Administrator Johnson presented Commissioner Anderson and Commissioner Wheeler with information on the upcoming KAC new Commissioner meeting and informed them that he had enrolled them. It was recommended that they attend.

JAIL PROGRESS REPORT

Butler County Sheriff, Stan Cox, cancelled his report on the new jail and his budget and he will be requested to appear on the agenda for January 21, 2003.

RECESS

Commissioner Doll motioned to recess the Butler County Board of Commissioners until 7 P.M., January 14, 2003, at which time the Board of Commissioners will meet with the Butler County Planning Commission. Commissioner Shriver seconded the motion.

Motion carried 5-0.

RECONVENE

Commissioner Carpenter called to order the joint meeting of the Butler County Commissioners and the Butler County Planning Commission at 7:00 P.M on January 14, 2003 Present were Commissioner Phil Anderson, Commissioner Randy Doll, Commissioner Will Carpenter, Commissioner Bill Shriver, Commissioner Mike Wheeler, Butler County Administrator Will Johnson, Jr., Butler County Planning and Zoning Director Todd Kennemer, Planning Commission members Mark Sudduth, Larry Pope, Jack Bender, Jeff Varner, Jeff Taylor, Herb Pello, David Greene, Jr., and Jim Linder.

GUIDELINES FOR WINDFARM APPLICANTS

County Planning and Zoning Director Todd Kennemer came to the Board of Commissioners to present guidelines for windfarm applicants. Fourteen (14) conditions were listed as a basis for applicants to follow. Mr. Kennemer stated that these guidelines are intended to address the major issues associated with the project; however, they are not all inclusive.

Mr. Kennemer presented the key issues relating to wind farm projects, identified to date, which are listed below. These issues include, but are not limited to:

Land Use Aviation/FAA

Visual impact Reception interference

Noise Cultural heritage

Bird migration/strike Native vegetation/weeds

Endangered species Cumulative impact

Wildlife habitat Company financial status

Soil erosion Removal/Reclamation

Water quality Electric – Magnetic fields

Public Health & Safety associated with the transmission

Infrastructure lines

Mr. Kennemer stated that overlays may be considered to protect the intact, untilled portions of the Flint Hills. One proposed overlay, that may be justified, is an 8 mile sight distance from the only designated scenic byway in the county, Highway 177 from Cassoday north to the county line.

After much discussion, Commissioner Carpenter asked for a vote of all present to see if overlays were of interest to all in attendance. The resulting vote was 3 for overlays and

10 against. No further discussion of this topic was made.

RECESS

Commissioner Carpenter called a recess at 8:05 P.M. to give all present time to read through the guidelines for windfarm applicants, the 14 conditions and siting issues.

RECONVENE

Commissioner Carpenter called the meeting back to order at 8:15 P.M.

Commissioner Carpenter suggested the Planning Commission take time to study the Development Plan, make any changes or suggestions and have the results back to Mr. Kennemer by January 21, 2003.

ADJOURN

Commissioner Shriver motioned for adjournment at 8:30 P.M. Commissioner Doll seconded the motion. Motion carried 5-0.