BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, March 11, 2003

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

ITEMS OF BUSINESS

ITEM #1 – CONSIDER COMMISSIONER APPROVAL OF TABLED LOCAL ELECTED OFFICIALS BOARD (LEOB) AGREEMENT FOR LOCAL AREA IV

After much discussion on how Butler County was benefiting from membership in REAP, Commissioner Shriver motioned to approve the Local Elected Officials Board (LEOB) agreement for Local Area IV and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #2 – CONSIDER TABLED REVISED INTERLOCAL AGREEMENT FOR SOUTH CENTRAL METRO REGION

Butler County Health Department Administrator, Carol Borger, came before the Board to seek approval of the revised Interlocal Agreement for South Central Metro Region. This agreement involves Butler, Cowley, Harper, Harvey, Marion, Reno, Sedgwick and Sumner counties and is required for the Bioterrorism Preparedness and Response training grant in the amount of $35,000.

Commissioner Doll motioned to approve the revised interlocal agreement for South Central Metro Region and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM #3 – CONSIDER TABLED REVISED BRIDLEWOOD BUYOUT PROGRAM REIMBURSEMENT APPEAL.

Emergency Management and Homeland Security Director, Jim Schmidt, came before the Board for approval of the revised Bridlewood Buyout Program reimbursement appeal and have Administrator Johnson file the appeal with the Kansas Department of Emergency Management. The State of Kansas, Division of Emergency Management, has sent notice to the county that because of a review of the program indicating a change in scope of work that we were not entitled to funds in the amount of $24,024.00 and are requesting reimbursement of the funds or an appeal of the decision within 60 days. This appeal letter will show that there was no change in the scope of work and we have documentation showing that we were in compliance and that state and federal agency staff were aware of and approved the scope of work.

Commissioner Wheeler motioned to approve the revised Bridlewood buyout program reimbursement appeal. Commissioner Shriver seconded the motion. Motion carried 4-1.

Commissioner Doll voted against the motion.

Mr. Schimdt will send a copy of the appeal letter to Congressman Tiahrt’s office.

ITEM #4 – CONSIDER APPROVAL OF FINAL PLAT APPROVAL FOR WEST BRANCH ADDITION, GREENE RANCH ENTERPRISES, INC. {Case No. PL-03-06}

Planning and Development Director, Todd Kennemer, came before the Board for approval of the survey and accept ROW for the final plat of the West Branch Addition, Greene Ranch Enterprises, Inc. {Case No. PL-03-06}

Commissioner Doll motioned to approve the survey and accept ROW for the final plat of the West Branch Addition, Greene Ranch Enterprises, Inc. {Case No. PL-03-06} Commissioner Wheeler seconded the motion. Motion carried 5-0.

Mr. Kennemer also presented the Board with the weekly report on bond estimates for decommissioning of windfarms. He stated the estimate for decommissioning will be approximately $3,000,000.00 per 100 towers. This includes removal of towers, 4-foot deep concrete foundations and reseeding of the land.

Commissioner Doll recommended that Mr. Kennemer find a consulting engineer to inspect the construction of the towers and to include the consultant’s fee in the building permit fee. All Board members were in agreement.

Commissioner Shriver asked for evidence that the windfarms have customers for their power. Mr. Kennemer will ask for copies these contracts from Elk River Windfarm and report back to the Board.

RECESS

Commissioner Carpenter called a 10 minute recess of the Board at 10:20 AM.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 10:30AM

ITEM #5 – RECEIVE TIRE BID TABULATION AND CONSIDER APPROVING THE PURCHASE OF TIRES AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC WORKS.

Director of Public Works, Darryl Lutz, presented the Board with a summary of the bids from Augusta Tire and Becker Tire. Tire purchases will be made from both companies in accordance with the bid summary presented to the Board.

Commissioner Shriver motioned to approve the purchase of tires from Augusta Tire in the amount of $13,534.32 and Becker Tire, in the amount of $6,766.20, as recommended by the Department of Public Works. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #6 – RECEIVE, OPEN AND READ BIDS FOR CULVERT LETTING NO. 58 FOR THE CONSTRUCTION OF UP TO 12 CONCRETE BOX CULVERTS THROUGHOUT BUTLER COUNTY. (10:00 AM)

Director of Public Works, Darryl C. Lutz, came before the Board to present sealed bids for Culvert Letting 58 for the construction of up to 12 concrete box culverts throughout Butler County. Commissioner Doll opened a bid from Claycamp Construction of Soldier, Ks. in the amount of $224,964.50. Commissioner Anderson opened a bid from McCA Construction Inc. of Benton, Ks. in the amount of $304,076.00. Commissioner Wheeler opened a bid from Klaver Construction Co, Inc. of Kingman, Ks. in the amount of $293,238.20. Commissioner Carpenter opened the bid From LMK Construction of Lindsborg, Ks. in the amount of $274,349.50.

Commissioner Shriver motioned to approve the bid received from Claycamp Construction of Soldier, Ks. for Culvert letting No. 58, in the amount of $224,964.50, for the construction of up to 12 concrete box culverts throughout Butler County, pending Mr. Lutz’s technical review of the bid. Commissioner Wheeler seconded the motion. Motion carried 5-0.

ITEM #7 – CONSIDER A PROPOSED IMPROVEMENT PROJECT FOR GORDON ROAD FOR QUARRY USE DURING THE CONSTRUCTION OF US-77 HIGHWAY SOUTH OF AUGUSTA.

Director of Public Works, Darryl C. Lutz came before the Board for consideration of a proposed improvement project for Gordon Road for quarry use during the construction of US-77 Highway south of Augusta. This project will cost Butler County approximately $12,000. However, KDOT will reimburse Butler County approximately $13,600 to use Gordon Road for quarry use.

Mr. Al Slade, landowner by quarry, came before the Board to speak in favor of this project.

Commissioner Anderson motioned to approve the proposed improvement project for Gordon Road for quarry use during the construction of US 77 Highway South of Augusta, with the stipulation that County Engineer, Darryl Lutz, solely determines any degree of deterioration, of asphalt, from the truck traffic. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM #8 – CONSIDER APPROVING THE KDOT FEDERAL AID 5-YEAR PLAN FOR ROAD AND BRIDGE CONSTRUCTION PROJECTS.

Director of Public Works, Darryl C Lutz came before the Board for approval of the KDOT Federal Aid 5-Year Plan for eligible road and bridge construction projects.

Counties are required to pay 20% of construction and construction engineering cost. Also, counties must pay 100% of all other project costs including survey, design, utility adjustment and right-of-way.

Commissioner Doll motioned to approve the KDOT Federal Aid 5-Year Plan for road and bridge construction projects. Commissioner Anderson seconded the motion. Motion carried 5-0.

Mr. Lutz also requested approval of the Request for Construction Project for Little Walnut River Bridge Project on SW Hopkins Switch Road located 0.7 mile North of SW 170^th Street.

Commissioner Anderson motioned to approve the Request for Construction Project for Little Walnut River Bridge Project on SW Hopkins Switch Road located 0.7 mile North of SW 170^th Street. Commissioner Shriver seconded the motion. Motion carried 5-0.

OTHER ITEMS OF BUSINESS

Administrator Johnson and County Detention Administrator, Ben Crooks, came before the Board with an update on the US Marshall’s office proposed payment of $51.00 per inmate rather than the $57.12. The US Marshall’s office will not change from the $51.00 payment. The INS has also asked to be included in the US Marshall’s contract.

The Board agreed to accept prisoners from the US Marshall and INS and bill them for the $57.12. Mr. Crooks will keep the Board informed of the amount received and bill back the balance. After 6 months litigation can be considered.

It was also agreed to notify Congressman Tiahrt, Senators Brownback and Roberts of the

US Marshall’s failure to negotiate the higher figure.

Mr. Crooks stated that he would be accepting inmates from Sedgwick County by the end of March, 2003.

The March 17, 2003 meeting of the Board will begin at 10:00 AM.

RECESS

Commissioner Carpenter called a 5-minute recess of the Board at 11:50 AM.

And reconvene with PBC.

RECONVENE

Commissioner Carpenter called to order the meeting of the Board at 12:55 PM.

Administrator Johnson came before the Board with a memo from Gayle Tharp, FSI Executive Director providing an overview of SB0242. This bill will authorize SRS to appoint up to 13 CDDO’s to provide intake, referral and case management services.

Ms. Tharp recommended that SB0242 not be supported.

ADJOURN TO EXECUTIVE SESSION

Commissioner Carpenter motioned to adjourn to Executive Session from 1:10 PM to 1:20 PM to discuss legal matters at l:05 PM. Commissioner Doll seconded the motion. Motion carried 5-0. Those in attendance were Commissioner’s Anderson, Doll, Carpenter, Shriver and Wheeler and Administrator Johnson.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 1:15 PM.

ADJOURN

Commissioner Doll motioned to adjourn the Board at 1:15 PM. Commissioner Wheeler seconded the motion. Motion carried 5-0.