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, and Commissioner Mike Wheeler, and Clerk Brenda Brychta.

ITEM #1 – CONSIDER A REQUEST FROM THE CITY OF TOWANDA ALLOWING FOR THE ANNEXATION OF CERTAIN PROPERTY NOT ADJACENT TO THE BOUNDARIES OF TOWANDA, KANSAS.

Jo Miller, Administrator for the City of Towanda, came before the Board for consideration of a request, from the City of Towanda, for annexation of certain property not adjacent to the boundaries of Towanda, Kansas. This would be an island annexation and located about one mile from the city limits of Towanda. The developer of this land plans to divide the land into one (1) acre lots. City of Towanda will provide city water, if necessary. The developer (BJ&T) plans to use the ‘mound’ sewer system.

It was the consensus of the Board that more definitive utility information was needed.

Commissioner Carpenter motioned to deny the request for the annexation of certain property not adjacent to the boundaries of Towanda, Kansas. Commissioner Shriver seconded the motion. Motion carried 5-0.

Todd Kennemer, Director of Planning & Zoning, came before the Board for consideration of amending Section 21-503 of the Zoning Regulations pertaining to the revocation of CUP upon which building permits have not been issued within 12 months following final approval.

Commissioner Shriver motioned to approve amending Section 21-503 (CUP) of the Zoning Regulations pertaining to the revocation of CUP upon which building permits have not been issued within12 months following final approval. {Resolution No. 03-48} Commissioner Anderson seconded the motion. Motion carried 5-0.

Commissioner Carpenter motioned to recess the Board for 5 minutes at 9:45 AM.

Commissioner Carpenter reconvened the meeting of the Board at 9:50 AM.

Todd Kennemer, Director of Planning & Zoning, came before the Board for consideration of zoning classification from Agriculture-40 to Rural Residential in the NE/4, NE/4 of Sec. 25, Twp. 26S, Range 4; bounded on the north by SW 40^th and to the east of SE Turkey Creek Road at the request of Lewis Simmons.

Commissioner Wheeler motioned to approve the zoning reclassification from Agriculture-40 to Rural Residential. (Case No. RZ 03-16) {Resolution No. 03-62} Commissioner Shriver seconded the motion. Motion carried 5-0.

Todd Kennemer, Director of Planning & Zoning, came before the Board for consideration of a request for a Conditional Use Permit for Mc Clure’s Auto Body Repair Shop and Trailer Sales in the Ag District. (Case No. 03-10) {Resolution 03-63}

Mr. & Mrs. D. J. McClure, owners, came before the Board and answered all questions of concern from the Commissioners.

Commissioner Wheeler motioned to approve the request for a Conditional Use Permit for an auto body repair shop and trailer sales in the AG District (Case No. 03-10) {Resolution 03-63}. Commissioner Anderson seconded the motion. Motion carried 5-0.

Jim Schmidt, Director of Emergency Management/Homeland Security and Kathy Guy, came before the Board for acceptance of the final print of the County Local Emergency Operations Plan and all members sign.

It was the consensus of the Board to accept the final print of the County Local Emergency Operations Plan. The Plan had previously been approved.

Darryl Lutz, Director of Public Works, came before the Board for approval of a Notice to Contractors for bids to be received for the construction of Area 1B at the Butler County Landfill, the third (3^rd) cell of the landfill. Sealed bids are to be received and opened at 10:00 AM, Monday, October 20, 2003.

Commissioner Doll motioned to approve the Notice to Contractors for sealed bids to be received for the construction of area 1B at the Butler County Landfill and receive sealed bids on Monday, October 20, 2003 and allow the Chair to sign. Commissioner Anderson seconded the motion. Motion carried 5-0.

Receive Todd Kennemer, Director of Planning and Zoning for approval of the amended Wind Farm Guidelines. Mr. Kennemer stated he needed more time to calculate permit fees and other legal considerations. He will return with final draft on Monday, September 29, 2003.

Darryl Lutz returned with a draft of a letter, to Bloomington Township, regarding the Hopkins Switch & Bloomington Road flooding. It was the consensus of the Board to accept the drafted letter and authorize Mr. Lutz to send to Bloomington Township.

Commissioner Carpenter called a 5-minute recess at 11:05 AM.

Commissioner Carpenter reconvened the meeting of the Board at 11:10 AM

Administrator Johnson came before the Board to present a 2004 budget analysis showing the need to reduce spending by $946,236, due to an error in calculation, in order to keep from raising the county mill levy. By not issuing the full $900,000 in No Fund Warrants, for the jail, and reducing other spending, this goal can be obtained.

Administrator Johnson reminded the Board of the KAC meeting on November 24^th through November 26, 2003 and the need for someone to be at the meeting on November 25, 2003, to vote on the KAC Platform. Ron Roberts was nominated as voting delegate for KOC Legislative Platform. First Alternate will be Commissioner Anderson and Administrator Johnson will be second alternate.

Commissioner Shriver requested that Economic Development begin checking on salvage of the Railroad from Augusta to Andover and have necessary paperwork and back-up offers ready.

Administrator Johnson presented the Board with copies of legal fees breakdown for the County.

Commissioner Shriver motioned to adjourn to Executive Session for 5 minutes, at 12:15 PM, to discuss personnel matters of non-elected personnel. Commissioner Anderson seconded the motion. Motion carried 5-0. Those in attendance were Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler and Administrator Johnson.

Commissioner Carpenter reconvened the meeting of the Board at 12:20 PM.

Commissioner Shriver motioned to adjourn the meeting of the Board at 12:21 PM. Commissioner Doll seconded the motion. Motion carried 5-0.