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, and Commissioner Mike Wheeler, Administrator Will Johnson and Clerk Brenda Brychta.

Todd Kennemer, Director of Planning and Zoning, came before the Board for acceptance of right-of-way for final plats of Brome Ridge Estates 2^nd Addition, Brome Ridge Estates 3^rd and Brome Ridge Estates Commercial Addition. This area is near Elbing, Ks.

Commissioner Doll motioned to accept the right-of-way for final plats of Brome Ridge Estates 2^nd Addition, Brome Ridge Estates 3^rd and Brome Ridge Estates Commercial Addition and allow the Chair to sign. Commissioner Anderson seconded the motion. Motion carried 5-0.

Todd Kennemer, Director of Planning and Zoning, came before the Board for approval of a zoning change from AG-40 to RR located inside the platting jurisdiction of Rose Hill.

Commissioner Carpenter suggested that, in the future, a letter from the municipality showing their approval should be presented at the time the zoning change is requested.

Commissioner Anderson motioned to approve the zoning change from AG-40 to RR (Case No. RZ 03-17) {Res. No. 03-70} and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

Todd Kennemer, Director of Planning and Zoning, came before the Board for approval of a zoning change from AG-40 to PRD-B for 10 acres of open space owned by Curtis & Nancy Grove and located in the 150^th St. & Meadowlark area of City of Rose Hill platting jurisdiction.

Roger Cutsinger, Goedecke Engineering, came before the Board to answer any questions on the flooding issue, in this area, and explain how the engineers would put in place a comprehensive drainage plan.

Commissioner Anderson motioned to approve the zoning change from AG-40 to PRD-B. (Case No. RZ 03-18) {Res. No. 03-71}, pending receipt of a letter from the City of Rose Hill verifying their approval and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 3-2. Commissioners Shriver and Wheeler voted "no".

ITEM #4 – CONSIDER A CHANGE OF ZONING FROM AG-40 TO RR. (CASE NO. RZ 03-19) {RES. NO. 03-72}

Todd Kennemer, Director of Planning and Zoning, came before the Board for approval of a zoning change from AG-40 to RR. (Case No. RZ 03-19) {Res. No. 03-72}. This property is located at the edge of the old City of Augusta Platting jurisdictional area.

Commissioner Anderson motioned to approve the zoning change from AG-40 to RR (Case No. RZ 03-19) {Res. No. 03-72} and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 4-1. Commissioner Wheeler voted "no".

Todd Kennemer, Director of Planning and Zoning, came before the Board for approval of a zoning change from AG-40 to RR (Case No. RZ 03-21) {Res. No. 03-73}, for land located west of Butler Road on the south side of SW 130^th Street. This property is located inside the City of Andover platting jurisdiction.

Commissioner Anderson motioned to approve the zoning change from AG-40 to RR (Case No. RZ 03-21) {Res. No. 03-73} and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

Commissioner Carpenter called a 5-minute recess at 10:00 a.m.

Commissioner Carpenter reconvened the meeting of the Board at 10:05 a.m.

TEM #6 – CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT (CUP) TO EXPAND EXISTING ROCK QUARRY ACTIVITIES. (CASE NO. CU 03-12) {RES. NO. 03-74}

Todd Kennemer, Director of Planning and Zoning, came before the Board for approval of Conditional Use Permit to expand existing SW Butler Quarry activities. (Case No. CUP 03-12) {Res. No. 03-74}.

Commissioner Shriver suggested that the real problem with rock quarries is the dust from the trucks hauling the rock and that a fix for this would be to have the roads, around the quarry, black topped at the quarry owners expense.

Darryl Lutz, County Engineer, came before the Board to report on the status of the roads in the quarry area. Mr. Lutz recommended consulting with a paving engineer to determine the feasibility and cost of paving SW 167^TH Terrace.

Warren Harshman, SW Butler Quarry, came before the Board to state that his company is willing to assume the cost of work and maintenance on SW 167^th Terrace west, where there are no houses, and would be willing to re-direct all trucks off the other roads.

Terry Mauk, 1357 SW Diamond Road, came before the Board to explain his concerns on use of Hwy 167. He stated this road is not accessible to trucks.

Lorraine Papen, 6465 Diamond Road, came before the Board to voice her displeasure with the high dust content in and around her house.

Dixie Curry, 15954 SW Diamond Road, came before the Board to ask how trucks will be kept off Diamond Road, if that should be the alternative solution.

Albert Slade came before the Board to speak in support of the quarry because they have provided jobs and the economy for many people in the area.

David Curry, 15954 SW Diamond Road, came before the Board to explain his feelings on the bridge strength, on Diamond Road, and the dynamite used at the rock quarry.

Commissioner Shriver motioned to continue the discussion, until the November 18, 2003 meeting of the Board, on the Conditional Use Permit to expand existing rock quarry activities until Mr. Lutz can return with alternate road route(s) for trucks, by November 18, 2003. (Case No. CU 03-12) {Res. No. 03-74} Commissioner Anderson seconded the motion. Motion carried 5-0.

Commissioner Carpenter motioned to recess for 5 minutes at 11:15 a.m.

Commissioner Carpenter reconvened the meeting of the Board at 11:20 a.m.

Todd Kennemer, Director of Planning and Zoning, came before the Board for approval of Butler County Zoning Codes for Windfarm Guidelines. {Res. No. 03-75}

Commissioner Doll suggested amending the zoning codes with Site Guidelines.

Commissioner Wheeler suggested amending the zoning codes with height restrictions to preserve the open vistas. Wheeler also suggested an amendment to include having all companies applying wind farm permits have to provide a viewshed.

Commissioner Shriver motioned to approve the amended Butler County Zoning Codes for Windfarm Guidelines. {Res. No. 03-75} Commissioner Anderson seconded the motion. Motion carried 3-2. Commissioners Doll and Wheeler voted "no".

It was the consensus of the Board to discuss amendments to the Windfarm Guidelines

during future Board meetings, with the exception of Commissioner Shriver.

Commissioner Shriver excused himself from the meeting at 12:05 p.m.

Postponed to next week. (November 3, 2003)

Administrator Johnson stated the EPA (Environmental Protection Agency) will be at Augusta on November 18, 2003 to discuss the Mobil Oil refinery, and would be waiting to meet with the Board on November 19.

Commissioner Wheeler motioned to adjourn the meeting of the Board at 12:30 p. m. Commissioner Carpenter seconded the motion. Motion carried 4-0.