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 Will Carpenter, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and County Clerk Ron Roberts.

Planning & Zoning Director, Todd Kennemer, came before the Board for consideration of the Case No. CU-03-06, a CUP to allow a conditional use for a race track and training grounds. Mr. Kennemer reminded the Board that this was tabled from a previous meeting to work out concerns about an all weather surface for the parking area. He stated that since that meeting staff has met with Daryl Lutz to mitigate the implication of his recommendation. In a supplement letter dated June 27, 2003, Daryl Lutz amended his recommendations with three conditions.

1. Adhere to all the recommendations from the County Engineer to establish access at least 350 feet north of SW 110 th Street.
2. The entrance to the property shall be graveled with in the limits of the public road right of way.
3. All internal roads, parking areas and staging areas will be required to be graveled only if the site is made available for public access during wet or muddy soil conditions, to prevent mud form being tracked onto public roads.

Commissioner Carpenter motioned to approve Resolution 03-43 to allow the CPU with the aforementioned conditions attached and to allow the chair to sign. Commissioner Shriver seconded the motion. Motion Passes 5-0

Planning and Zoning Director Todd Kennemer presented the finial Plat of Treemendious Meadows to the Commissioners and recommended approval. The property was rezoned from AG-40 to RR in Resolution 03-33 and the owners now want to subdivide for one 5 acre lot and two 17.8 acre lots.

Commissioner Anderson motioned to approve the finial plat of Treemendious Meadows. Commissioner Doll seconded. Motion Passed 5-0

Planning and Zoning Director Todd Kennemer came before the Board for consideration of case No. RZ-03-15 . This is a lot on the north west corner of 54 highway and Santa Fe Lake Road. Mr Kennemer informed the board that this lot had been used for commercial purposes for some time and that staff recommends approval.

Commissioner Shriver motioned to approve Resolution No. 03-46 to change the zoning from Rural Residential to Commercial. Commissioner Wheeler seconded. Motion Carried 5-0

Health Director Carol Borger requested the Board approve the clinical agreement between Southwestern College and the Butler County Health Department for public nursing experience and allow the chair to sign. This is an extension of an agreement that has been in effect for 11 years. They normally send two students to work with our Health Department.

Commissioner Shriver motioned to approve the agreement with Southwestern College and authorize the chair to sign. Commissioner Anderson seconded. Motion Carried 5-0

Health Director Carol Borger reported that she had negotiated with Clear Channel Outdoor Advertising for a billboard on 254 highway near Hunter Road on the north side. The message will be a youth tobacco use prevention message. She was able to get the cost reduced from $6,600 per year to $6,000. At that price the Youth Tobacco Prevention grant will pay the entire cost.

Commissioner Wheeler motioned to approve the use of the grant funds to pay for the billboard. Commissioner Anderson seconded. Motion Carried 5-0

Computer Services Director Scott Stoskopf , acting in behalf of the Technology Committee, presented information on a proposal from NuVox Communications to switch our local and long distance providers from Birch/SBC (South Western Bell ) to their digital data network system. Their proposal would reduce monthly phone cost for the main facilities from $7,324 to $5,846 and for remote facilities from $ 2457 to $1,885.

In addition they would use all digital lines compared to the analog voice quality lines we currently use.

Commissioners discussed numerous aspects of the proposal, along with NuVox’s ability to provide timely service and if the company was likely to remain in business. Also discussed was the advisability of seeking bids from several service providers. NuVox was established in Greenville South Carolina in 1996 and moved into the Wichita market in late 1998.

Commissioner Shriver motioned to table the matter to have a contract prepared and reviewed by County Counsel then brought back before the board at a future date. Commissioner Doll seconded. Motion Passed 5-0

Administrator Johnson presented the Community Corrections FY4 KDOC Budgets for Board review. The allotted amount from KDOC for Community Corrections 2004 budget is $208,286.94. This budget is fully funded by the state and only requires commission approval. This represents a $10,000 increase over 2003.

Commissioner Doll motioned to approve the 2004 Community Corrections 2004 Budget. Commissioner Shriver seconded. Motion Carried 5-0

Commissioner Doll motioned to approve transfer of $7,891 excess funds from their 2003 Personnel Benefits lineiten to the Salary line item in their 2004 budgert. Commissioner Shriver seconded. Motion Carried 5-0

County Engineer Daryl Lutz came before the Board with his recommendations for 2004 Highway Striping Program. After reviewing the bids opened on July 15, 2003, it was his recommendation to approve the purchase of yellow and white traffic paint from Sherwin Williams in El Dorado in the amount of $37,672.50 and the purchase of glass beads from Flex-O-Lite Co. in the amount of $5,258.00.

Commissioner Doll motioned to approve the bids of Sherwin Williams in the amount of $ 37,672.00 and of Flex-O-Lite Co. in the amount of $ 5,258.00, Commissioner Anderson seconded. Motion Carried 5-0

County Engineer Daryl Lutz asked the Commission to approve a Resolution to turn a 4 mile portion of SW 60^th Street back to the Townships for maintenance. Three miles would go back to Towanda TWP and one mile to Augusta TWP. Mr. Lutz stated it is the policy of the County to turn the roads back to the Townships in good condition, however this road was a year or so away from needing additional rock so he would like to defer the extra gravel for a year to give the maximum value back to the Townships.

Commissioner Shriver motioned to approve Resolution 03-49 to return SW 60^th Street to Towanda and Augusta Townships and to allow Mr. Lutz to work with them to determine the best time to add additional gravel to the road. Seconded by Commissioner Anderson. Motion Carried 5-0.

Planning and Zoning Director Todd Kennemer presented Bob Medina from KDHE to discuss using KDHE grant money to clean up an illegal dump site, east of Augusta, located on private property owned by Barbara Brown. Mr. Medina stated this is a project that would qualify for KDHE money on a 75% KDHE and 25% County matching funds.

The County match can be in kind contributions.

After discussions it was the consensus of the commission to have Mr. Kennemer and Mr. Medina work out the details to cleanup the site using KDHE matching funds.

After considerable discussion and review of individual budgets the commissioners agreed to set the 2004 department and agency budgets at the levels required to hold the mill levy at the 2003 rate of 37.701.

Commissioner Doll motioned to adjourn the July 22, 2003 Board of Commissioners meeting at 2:20 PM. Commissioner Anderson seconded the motion.

Motion carried 5-0.

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